Boston University School of Law

Legal History: The Year Books

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Seipp Number:
Year
Court
Writ
Marginal Heading
1421.106rog 1421 King's Bench Larceny Deliuerans
Term
Regnal Year
King: Plea Number Folio Number
Mich. 9 Hen. 5 Rogers 29 Rogers 23
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Other Plaintiffs Other Names Places Other Defendents
Lincoln, Bishop of
Westminster, Abbot of
Oxford (Oxon')
Banbury
Lincoln
Westminster
Abridgements Cross-References Statutes
     
Incipit (First Line) Number of Lines
En bank le roy vn fut troue coupable et soy prist a sa clerge et fut alegge en 10
Process and Pleading
Defendant was found guilty.
Defendant took his clergy.
It was alleged against defendant that once he was attaint of another larceny at Oxford and there took his clergy and was delivered to the bishop of Lincoln, ordinary of the same place, and when he was on the road to be brought to Banbury, where the bishop's prison was, the clerks of Oxford took him and let him go at large.
Language Notes (Law French)
contre lui coment vne foithe il fut attaynt dautre larcin a Oxon' et la soy prist a sa clergie et fut deliuere al eusqe de Lincol, ordinare de mesme le lu, et quant il fut sour le chimyn destere amesme a Banbury, ou le prisone leuesque est, les clerkys doxenford lui pristerent et lui lesserent alere alarge.
Et fut dit qe il fut asses saue par sa clergie et fut vne foithe mort de record, mes pur ceo qe 'stat: mater ecclesia nemini claudit gremium' (Latin maxim: our holy mother the church never closes her bosom to anyone) il auoit le priuilege de seint esglise autrefoithe.
Et fut debatu ou il serroit commis al prisone leuesque de Lincol ou il fut a deuaunt ou al abbe de Westminstre, et al darrin il fut commys al abbe de Westminstre; 'quod nota'.
Abstract Context
Richard Fleming was Bishop of Lincoln from 20 Nov. 1419 to 25 Jan. 1431. Benedictine Abbey of St. Peter in Westminster.
Commentary & Paraphrase
Defendant was found guilty, and took his clergy.
It was alleged against defendant that once he was attaint of another larceny at Oxford and there took his clergy and was delivered to the bishop of Lincoln, ordinary of the same place, and when he was on the road to be brought to Banbury, where the bishop's prison was, the clerks of Oxford took him and let him go at large.
And it was said that he was safe enough by his clergy, and was once dead of record, but because 'stat- mater ecclesia nemini claudit gremium' (Latin maxim: our holy mother the church never closes her bosom to anyone) he had the privilege of holy church another time.
And it was disputed whether he would be sent to the prison of the bishop of Lincoln, where he was before or to the Abbot of Westminster, and at last he was sent to the Abbot of Westminster
Manuscripts Mss Notes Editing Notes Errors
HLS MS Dunn 41, fol. 180r
Translations/Editions
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 2001-07-12
Keywords
Finding
Guilt
Benefit of Clergy
Allegation
Attaint
Delivery
Bishop
Ordinary
Road
Bishop's Prison
Clerk
(Rescue)
At Large
Safety
Dead of Record
Record
Privilege
Holy Church
Dispute
Committal
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