| 1431.087 |
1431 |
Common Pleas |
Trespass for taking animals |
|
| Trin. |
9 |
Hen. 6 |
31 |
28b-29a |
Newton, Richard Sjt (for D)
Goderede, William Sjt Godred (for P)
Martin, John JCP
Babington, William CJCP
Paston, William JCP
Martin, John JCP
Paston, William JCP
Babington, William CJCP
Goderede, William Sjt Newton
Newton, Richard Sjt unidentified
Goderede, William SJt Godred (probably Sjt Newton)
Martin, John JCP
Babington, William CJCP
Paston, William JCP |
|
|
|
|
|
|
Hevers, manor of
Dale, vill of |
|
Statham Trans 59
Fitzherbert Issue 55 |
27 Hen. 6, fol. 9 (contra)
6 Hen. 7, fol. 3
11 Hen. 4, fol. 59
Devant, fol. 5
19 Hen. 6, fol. 5, pl. 12, Brooke Addicions 6
3 Edw. 4, fol. 26, pl. 20
2 Hen. 6, fol. 14
10 Hen. 6, fol. 27
49 Edw. 3, fol. 20 |
|
| En brief de Trespas des avers pris @ Newton. accion ne devez aver: car nous vous disons, que le defendant |
28 |
Defendant pleaded that he found plaintiff's animals damage feasant and grazing in a close in his manor outside of Dale, brought them to Dale, and retook them after they escaped.
Plaintiff replied that defendant's plea was double.
The Justices argued whether the plea was double.
Plaintiff replied that defendant confessed that he did not take plaintiff's animals damage feasant, but took themm in Dale as plaintiff counted.
Defendant rejoined that defendant has justified the taking damage feasant.
Issue joined.
Defendant(?) prayed that the issue be tried (Pais) where defendant's manor was.
Martin JCP said that it would be tried where the writ was brought, and Babington CJCP agreed. |
| Martin JCP a manor or a castle (chastel) could be outside of every vill and hamlet |
|
|
second speech ascribed to Sjt Newton was for plaintiff, so presumably was Sjt Goderede; speech after that is unascribed, and for defendant, so presumably Sjt Newton; last speech attributed to Sjt Goderede made more sense on defendant's side
Statham Trans 59 attributed a speech to Sjt Weston, and stated that Paston JCP mentioned 'negative pregnant' |
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Action
Seisin
Manor
Knowledge
Name
Appurtenances
Vill
Averment
Issue
Plea
Several Close
Parcel
Finding
Damage Feasant
Escape
Freshness
Retaking
Conception
Double Plea
Hamlet
Justification
Protest
Castle
Issue
Trial
Allegation
Hundred
Replevin
Right
Common Understanding
Close
Supposition
Damages
Part
Cause
Denial
Sans Ceo
Clarity
Matter
Agreement
Notice
Common
Traverse
Claim |
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