| 1424.014 |
1424 |
Common Place |
Trespass |
Quaere
Judicium |
Babington, William CJCP (Nisi prius J)
Paston, William Sjt (for P)
Cottesmore, John Sjt (for D)
Paston, William Sjt
Cokayn, John JCP Cokain
Babington, William CJCP
Strangeways, James Sjt
Martin, John JCP
Cokayn, John JCP Cokein |
Swillington |
Alice, widow of R. |
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Swillington, R., deceased husband of plaintiff |
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Statham Briefe 63
Fitzherbert Briefe 9
Brooke Protection 78, Trespas 7 |
cross-referenced in 1490.016 = Pasch. 5 Hen. 7, pl. 4, fol. 22b-24a
7 Hen. 6, fol. 21b
5 Edw. 4, fol. 6b
21 Hen. 6, fol. 10
5 Edw. 4, fol. 8
40 Edw. 3, fol. 32
7 Hen. 6, fol. 36
7 Hen. 7, fol. 2
Fitzherbert Natura Brevium 42g
4 Hen. 5, fol. 5
15 Hen. 6, fol. 7, 20
7 Hen. 6, fol. 23
28 Edw. 3, Lib. Ass. pl. 20
10 Hen. 6, fol. 10
12 Hen. 6, fol. 7
5 Edw. 4, fol. 8
14 Hen. 4, fol. 22 |
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| Alice qui fuit la feme R. Swillington porte briefe de Trespas envers iiij persons, qui vindront |
36 |
Defendants appeared and pleaded not guilty.
Defendants were found guilty at Nisi prius, to plaintiff's damages 100 marks.
The record came into Common Pleas.
Plaintif prayed judgment.
Defendants pleaded that since Nisi prius one of defendants was dead.
Plaintiff could not deny this, and prayed judgment against defendants who were alive.
Cokayn JCP by advice of all the Justices awarded that plaintiff recover against defendants who were alive, and against he who was dead, that plaintiff take nothing by his writ. |
le record vient en le Common Place
Cokayn JCP: le parole sera mys sans jour; un que fuit partie & privie ad verdit est mort, & nul Jugement peut estre done un mort person
Babington CJCP: jeo di que ceo sera dit en Ley, several ple, & nemy joint ple: car un joint ple al common entent est, ou le ple plede ne peut estre void envers un d'eux, sinon que il soit envers touts: 'nec via versa'
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perhaps Alice, widow of s.v. Robert (de Swilington), Lord Swilington, d. 1380, in Cokayne, Complete Peerage, vol. 12A, p. 581 |
damages of 100 marks (= 66 pounds, 13 shillings 4 pence) found at Nisi prius
Babington CJCP: in the case at bar where they all pleaded not guilty, by this issue it could be found that some were guilty and others not, and against those who were found guilty the plaintiff would have judgment, and against the others he would be amerced.
When a defendant was found not guilty in Trespass, the plaintiff was amerced.
Sjt Strangeways: if at the inquest one of the defendants defaulted, the inquest ought to be taken against the others |
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Statham Briefe 63 dated this Mich., stated that this case was well debated, and added that in a former case, after the plea and before the inquest was taken, all the writ was abated. |
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Widow
Person
Appearance
Pleading
Not Guilty
Finding
Guilt
Nisi Prius
Damages
Record
Rehearsal
Matter
Judgment
Proceeding
Inquest
Death
Showing
Name
Demand
Denial
Plea
Protection
Without Day
Issue
Joinder
Manner
Agreement
Verdict
Party
Privity
Dead Person
Failure
Contrary
Several Plea
Joint Plea
Common Understanding
Voidance
Vice Versa
Release
Advantage
Amercement
Case
Venire Facias
Award
Trial
Default
Demurrer
Process
Proof
Delay
Advice |
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