| 1423.008 |
1423 |
Common Pleas |
Debt |
Amerciament |
'un Apprentice'
Martin, John JCP
'les Serjants a le barre'
Hals, John JCP (or Sjt)
Martin, John JCP
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M. |
W., abbot of |
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Statham Retourne 18
Fitzherbert Returne de vicount 1
Brooke Charter de Pardon 2, Returne de briefs 4 |
shorter version 1422.027rog = Pasch. 10 Hen. 5, Rogers pl. 11, Rogers p. 57
cross-referenced in in 1487.002 = Hil. 2 Hen. 7, pl. 2, fol. 10a
1422.040 = Mich. 1 Hen. 6, pl. 6, fol. 2b, 50 SS 20-21 (William, Abbot of Mornay sued Detinue against J.D., probably same plaintiff)
cross-referenced in 1478.099 = Mich. 18 Edw. 4, pl. 28, fol. 18b-20a
6 Hen. 4, fol. 19
25 Edw. 3, fol. 39
11 Hen. 6, fol.1
40 Edw. 3, fol. 2
1 Hen. 6, fol. 3
2 Hen. 7, fol. 10
10 Hen. 6, fol. 2 |
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| Un Apprentice vient en Common Place, & monstra a les Justices coment un Abbe avoit porte un briefe |
20 |
Process continued until defendant (was outlawed and) had purchased a charter of pardon.
Defendant had Scire facias to garnish plaintiff abbot.
The sheriff returned that plaintiff abbot had been deposed, and another abbot chosen.
An apprentice showed this case and asked the Justices whether defendant's charter would be allowed on such return, or whether the sheriff would be amerced.
The opinion of the Justices was that the charter would be allowed.
Martin JCP asked the Serjeants at the bar.
By advice of all the Justices the charter was allowed. |
Et sur ceo Martin, l'un des Justices monstra le cas a les Serjants a le barre, & demande que semble a eux que seroit fait en le cas
Hals JCP: le Vicount return que long temps devant que le brief a luy vient devorce fuit fait perenter le baron & sa feme
Martin JCP: en cas que est mis, pur le return il appert que l'Abbe est un tiel que puit estre garny, entant que il ad return que il est depose: car ore il est un moine, que ne puit estre garny sans Soverain, & son Soverain ne puit estre garni, entant que il ne fuit partie ne prive al primer original: & issint ore son return a tantamonte come s'il ust return que il est mort |
An apprentice showed a case to the Justices of Common Pleas and they gave their opinion, apparently without any Serjeants present.
Then Martin JCP showed the case to the Serjeants at the bar, and asked what they thought should be done in the case
Hals JCP: if a writ of Debt be brought by a husband and wife, and process continue until the defendant be outlawed, then the defendant purchase a charter (of pardon) and sue Scire facias against plaintiff husband and wife, and the sheriff return that there was a divorce between plaintiff husband and wife, and thus they could not be garnished in the manner, that is, one such and one such his wife; on this return the sheriff will be amerced.
Martin JCP: a monk cannot be summoned without his sovereign, and (the deposed abbot's) sovereign is not privy or a party to the original writ, so it is as if the sheriff returned that plaintiff abbot is dead
in 1478.099 = Mich. 18 Edw. 4, pl. 28, fol. 18b-20a, it was noted in 2 Hen. 6, in Scire facias the allowance of the charter was returned that the abbot was deposed and the party was dismissed
in 1487.002 = Hil. 2 Hen. 7, pl. 2, fol. 10a, the reporter wrote that in 1 Hen. 6, in Debt by an abbot, process continued until the defendant was outlawed, and the defendant sued a Scire facias, and the sheriff returned that the abbot was deposed, etc.; and it was adjudged a good return |
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perhaps? Jenkins 93 (2nd century, case 82), 145 Eng. Rep. 67: 2 H. 6, 5. Perkins, 33, 64. Fitz. Abbot, 8. 2 R. 3, 14. My Repertory, lib. A. Abbot. The abbot J. acknowledges a statute or recognizance, this shall bind his successor; for the convent cannot be made party to either of them, and a chattel only is devested by the execution of a recognizance or statute. An abbot cannot disclaim, for that would devest the fee out of his convent, and it is not warranted by any statute. Upon a recognizance acknowledged by the abbot J. a scire facias issues against him; he is deposed, and R. is chosen abbot, before the return of the scire facias: in this case R. cannot appear to this scire facias; for he has no prejudice, he is no party; and judgment in this case against abbot J. cannot prejudice abbot R. where R. is [Jenkins-94] abbot at the time of the return of the scire facias: but in this case a special scire facias lies against R. By all the judges-of England. Upon a capias against A. the sheriff returns him sick, so that be cannot have his body at the day without the danger of his death; upon affidavit that A. is grown well, a duces tecum subpoena of a certain sum of money, shall be awarded to the sheriff to have his body in court at a certain day. In debt, trespass, or other personal action against A. upon the summons or attachment, the sheriff returns non est inventus & nihil habet in his bailiwick; at the day of this return, A. cannot appear. But upon a capias awarded against him to imprison his body, or upon a process, upon which issues are to be lost, or land to be lost, or his life brought into danger; he may appear, although such a return as above were made by the sheriff: for he has a day in court by the roll, and his non-appearance would be of great prejudice to him. Upon the summons in a pr¾cipe quod reddat the sheriff returns, that the tenant is dead; upon averment that the tenant is alive, the demandant shall have an alias summoneas. Upon an indictment of felony against A. the sheriff returns A. outlawed; A. may aver against this return, that he Surrendered himself at the exigent. In an appeal against A. for the death of a man, the sheriff returns, that the writ came too late to him; A. may appear and plead notwithstanding this return. See my Repertory, tit. Averment. Fiscus, dos, libertas, vita, sunt in lege favourabilia. |
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Apprentice
Showing
Abbot
Name
Process
Continue
Purchase
Charter
Pardon
Scire Facias
Garnishment
Sheriff
Return
Suit
Deposition
Choice
Accord
Agreement
Case
Demand
Allowance
Amercement
Opinion
Serjeant
Husband
Wife
Outlawry
Divorce
Appearance
Cause
Reason
Monk
Sovereign
Party
Privity
Original Writ
Death (in Law)
Advice |
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