| 1424.012 |
1424 |
Common Pleas |
Annuity |
Diversitie |
Strangeways, James Sjt (for P)
Westbury, William Sjt (for D)
Strangeways, James Sjt
Westbury, William Sjt
Martin, John JCP
Strangeways, James Sjt
Westbury, William Sjt
Cokayn, John JCP
Westbury, William Sjt |
(Lewes?) |
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|
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Statham Aide 46
Fitzherbert Aide 52
Brooke Aide 5 |
Prior proceeding? 1422.066 = Mich. 1 Hen. 6, pl. 32, fol. 8a-8b
Later proceedings? 1429.002 = Hil. 7 Hen. 6, pl. 2, fol 19a-19b and 1429.059 = Trin. 7 Hen. 6, pl. 6, fol. 39b-40a and 1429.099 = Mich. 8 Hen. 6, pl. 15, fol. 6a-7a and 1430.007 = Hil. 8 Hen. 6, pl. 7, fol. 21b-23a and and 1431.028 = Pasch. 9 Hen. 6, pl. 6, fol. 2b-3a and 1431.058 = Trin. 9 Hen. 6, pl. 2, fol. 13b-14a
Sjt Westbury and Martin JCP referred to a writ of Annuity for an annuity granted by defendant parson and the patron and ordinary, in which aid was granted.
8 Edw. 3, Lib. Ass. pl. 36
4 Edw. 3, fol. 41
12 Hen. 8, fol. 8b
48 Edw. 3, fol. 18
Perkins, Profitable Boke 7
40 Edw. 3, fol. 3b |
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| Brief d'Annuite fuit porte envers un person d'un Eglise, & le plaintiff per Strange counta coment le defendant |
14 |
Plaintff counted that defendant granted an annual rent by a deed that he put forth, for a term of his life.
Defendant pleaded that he found his church discharged of the annual rent and prayed aid of the patron and ordinary.
Plaintiff replied that he counted on defendant's own grant to plaintiff.
The opinion of the Court was that the aid would not be granted.
Plaintiff put forth deeds from the patron and ordinary granting the annuity.
Defendant prayed aid as before.
Cokayn JCP, by advice of all the Justices, told defendant to have the aid. |
Sjt Westbury (for D): Il n'est forsque brief temps passe que l'eide fuit grante en tiel case.
Martin JCP: Le cas dont vous parles fuit auter que est cest cas; il serroit en vain, & enconter reson; un person peut charger son Eglise durant sa vie sans le Patron ou l'Ordinary |
plaintiff counted of an annual rent of 20 shillings for a term of plaintiff's life
Sjt Westbury (for D): But a short time ago the aid was granted in such a case.
Martin JCP: The case of which you speak was unlike this case, because in that case the annuity was granted by the parson, patron, and ordinary. (Presumably not 1422.060 = Mich. 1 Hen. 6, pl. 26, fol. 6a, 50 SS 84 and1424.006 = Pasch. 2 Hen. 6, pl. 4, fol. 8a-9a, in which plaintiff claimed the annuity from time immemorial.)
Martin JCP: a parson can charge his church during his lifetime without the patron and ordinary.
Prior of Lewes v. parson? 1424.012 = Trin. 2 Hen. 6, pl. 3, fol. 12a |
Parson
Church
Count
Grant
Deed
Annual Rent
Term of Life
Finding
Discharge
Aid Prayer
Patron
Ordinary
Action
Demand
Judgment
Ouster
Aid
Case
Speaking
Declaration
Party
In Vain
Reason
Charge
Opinion
Advice |
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