| 1443.091 |
1443 |
Common Pleas |
Trespass for assault |
Trespas |
Pole, Ralph Sjt
Brown, Thomas, Clerk of CP
Pole, Ralph Sjt (for D) |
Harper |
J. |
|
|
W., Robert
others |
Bedlam (Bedlem, St. Mary of Bethlehem), Prior of the House of & lord of the manor of Greenwich
Bengam, lessee |
Powmfret, manor of and vill of
Grenewich, vill of
Thames, waters of
Bedlam (Bedlem), House of |
|
| Brief de Transgressioun fuit porte per J. Harper & Rob' W. & auters, envers John E. de ceo que le dit J. & Rob' |
24 |
Plaintiffs pleaded that plaintiffs had a toll (passage) across the Thames and that defendant threatened and assaulted plaintiffs and did not allow them to have their toll (passage) for a long time, to plaintiffs' damage 5 marks.
A Serjeant (counsel for defendant) argued that plaintiff should have brought an Assize and not this action.
A clerk said that this action would be maintained as well as an Assize.
Defendant pleaded that a prior was lord of the manor and of the passage and leased it to one for 10 years who leased it to another for 3 years, by force of which defendant was warden of the toll (passage) and took the 5 marksas the profits to his own use during the 3 years, denying that plaintiffs had the toll (passage) in the manner they counted.
Issue was joined.
Defendant prayed aid of the lessee and of the prior.
The Court kept the matter pending for two Terms as to whether defendant ought to have the aid.
Then the aid was granted. |
| ils & touts lour ancestors, & touts ceux que estat ils ont en le dit manor, ont ew un passage (= toll) del' dit vill de Powmfret tanqz a le vill de Grenewich, ensemblement ove touts les profits al' dit passage appurtenants, s. de homes, bestes, & touts maners merchandise d' estre cariez oustre l' eau de Thames, videlicet pur chescun home passant parmy meme le passage un obel (= halfpenny) & de chival & sommrage (= horseload, pack, MLF sommage, L. summarium) & auter merchandise eiant le meme pois (= weight) un denier (= 1 penny), & pur chescun beste obel (= halfpenny) |
|
Hospital of St. Mary of Bethlehem (Bedlam), in London. |
lost toll (passage) of 5 marks (= 3 pounds 6 shillings 8 pence = 800 pence) for 300 people (= 150 pence), 100 horses (= 100 pence), 400 other animals (= 200 pence), and 100 pois (= pounds?) of horseloads or packs (sommage) passing (= 100 pence) (total 550 pence, not 800 pence)
(for D): the Prior of the House of Bedlam (St. Mary of Bethlehem) is lord of the manor of Greenwich s in right of his church, and he and all his predecessors, and all those whose estate he had, as in right of the church had had always the passage (= toll?) aforesaid together with the aforesaid profits as appurtenant to the said manor of Greenwich; and the Prior leased the manor together with the profits to one Bengam for a certain term commencing Easter 20 Hen. 6 (= Sun. 1 Apr. 1442) to endure 10 years afterwards, by force of which, Bengam leased the same manor with the passage (= toll) to defendant on Christmas 20 Hen. 6 (would be Mon. 25 Dec. 1441, or if should be 21 Hen. 6, Tue. 25 Dec. 1442) to endure for 3 years next ensuing, by force of which, etc. and so defendant John Essy the warden of the passage (tolls) |
Seisin
Manor
Ancestor
Estate
Passage
Toll
Vill
Profits
Appurtenance
Man
Animal
Manner
Merchandise
Carriage
Water
River
Passing
Halfpenny
Horse
Horseload
Pack
Weight
Penny
Menace
Threat
Assault
Sufferance
Allowance
Purchase of Writ
Time
Loss
Matter
Declaration
Assize
Action
Maintenance of Action
Case
Title
Protest
Plea
Prior
House
Religious House
Hospital
Bedlam
Lord
Right of His Church
Predecessor
Right of the Church
Lease
Term
Term of Years
Commencement
Feast
Duration
Force
Ensue
Warden (gsrde)
Use
Own Use
Denial
Sans Ceo
Ancestor
Count
Aid Prayer
Aid
Form
Pending
Grant |
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