Boston University School of Law

Legal History: The Year Books

Record Detail

Previous Record Next Record
Seipp Number:
Marginal Heading
1421.105rog 1421 Gaol Delivery at Newgate Fut demonde de Iayolere
Regnal Year
King: Plea Number Folio Number
Mich. 9 Hen. 5 Rogers 28 Rogers 23
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Cheyne, William JKB or Cokayn, John JCP (in Statham Averrement 19)
Other Plaintiffs Other Names Places Other Defendents
Newgate (Neugate, from Rogers pl. 23)
Abridgements Cross-References Statutes
Statham Retourne 34, Averrement 19
Fitzherbert Returne del vicount 107
Brooke Corone 167 
1421.104 = Mich. 9 Hen. 5, Rogers pl. 27, Rogers p. 22-23, reference to prisoner of Wortham   
Incipit (First Line) Number of Lines
Item fut demonde de Iayolere ou le prisoner de Wortham fut, pur ceo qil fut 7
Process and Pleading
It was demanded of the gaoler where the prisoner of Wortham was, because it was entered in the roll of the last session that he was remitted to prison until the next gaol delivery.
The gaoler said that the prisoner died in prison.
Cheyne JKB asked whether the prisoner was buried before he was viewed by the coroner.
The gaoler said that he was viewed.
The coroner was demanded.
The coroner showed his book (liuere) that the prisoner died in the plague (pestilence).
Language Notes (Law French)
[entre en le rolle del darrin cessioun] 'remittitur prisone' [etc.] al proschein gayol [deliuere].
Et il dit qil murrit en prisone.
Donqes dit Cheyne JKB qe sil soit ensenele (= buried? A.N.D. ensepelir) ou entre (= interred?) deuaunt qil soit vewe de coroner le Iayolere fra grant fin qar nul prisoner serroit ensenele deuaunt qil soit viwe, ''vt supra'.
Et le Iayolere dit qil fut vewe et le coroner fut demonde et il emust soun liuere coment il murrit en le pestilens
Abstract Context
Commentary & Paraphrase
When a prisoner died, the coroner was required to view the dead body before he was buried, otherwise the gaoler would make (pay) a large fine.
Manuscripts Mss Notes Editing Notes Errors
HLS MS Dunn 41, fol. 180r Statham Retourne 34, dated 3 Hen. 5, stated that the sheriff returned that he 'languished in prison' (languit in prisona), and to another writ that he 'was dead in prison' (mortuus est in prisona); and because he did not say that the coroner had viewed him (le vieuue de luy), he was amerced, etc.; quaere
Statham Averrement 19, dated 4 Hen. 5, stated that if justices of gaol delivery command the sheriff to bring before them a prisoner in his keeping (garde), who says that he is dead (est mort) in prison, quaere if he should have the averment without saying that the coroner sat on him (sea sur luy)? For Cokayn adjourned such a matter
Fitzherbert Returne del vicount 107 dated this anno 3 Hen. 5, and added 'le view de son corps'.
Brooke Corone 167, fol. 186r, dated this 3 Hen. 5, stated that if one be taken by process, and then die (murrust) in prison the coroner ought to see him (luy veir), which ought to be returned by the sheriff to the Court, titul' Returna breuium in Fitzh. 107
Ralph V. Rogers, Year Books of the Reign of King Henry the Fifth (privately printed, Wurzburg 1948), p. 23
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
0 2002-07-12
Previous Record Next Record

Return to Search