| 1443.092 |
1443 |
Common Pleas |
Trespass on the Statute of Forcible entry |
Trespas |
| Mich. |
22 |
Hen. 6 |
33 |
17b-18b |
Danby, Robert Sjt (for Ds)
Newton, Richard CJCP
Danby, Robert Sjt
Prysot, John Sjt Prisot
Newton, Richard CJCP
Ayscough, William JCP Ascue
Paston, William JCP
Newton, Richard CJCP
Newton, Richard CJCP
Prysot, John King's Sjt (for the king?)
Danby, Robert Sjt
Moyle, Walter Sjt Moile (for Ps)
Portyngton, John JCP
Moyle, Walter Sjt Moile (mentioned)
Aysshton, Nicholas Sjt Asht.
Moyle, Walter Sjt Moile
Danby, Robert Sjt
Newton, Richard CJCP
Moyle, Walter Sjt Moile
Newton, Richard CJCP |
Aldre |
Richard |
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| M., T. |
B., William, tenant in chief
B., Roger, infant heir of William |
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Statham Aide de roy 23
Fitzherbert Aide de Roy 23, Estoppel 40, Entre 20
Brooke Forcible entrie 6, Waiver 11, Entre congeable 110, Aid del roy 47 (not in margin), Generall issue 18 (not in margin), Aide 85 (not in margin, not fol.19) |
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the statute = 5 Ric. 2 (1381), [stat. 1,] ch. 7 or 8 Hen. 6 (1429) ch. 9 |
| Ric- Aldre & T.M. portant brief de Transgressioun sur le Statut de forcible entre envers Elinor B. & auters. @ Danby |
48 |
Defendants pleaded that one was seised and leased to defendants for a term of their lives, and plaintiffs claiming the manor by colour of a deed of feoffment from defendants' lessor by which nothing passed, entered on defendants, and defendants reousted plaintiffs peaceably, denying that defendants ousted plaintiffs with force or detained with force, and added that the king was guardian of their lessor's infant heir, so the Court ought not go forward without consulting the king.
Newton CJCP said that no land was to be lost by this writ.
Defendants argued that aid of the king would be granted in many cases where land was not to be lost.
Argument whether defendants could have aid of the king.
A King's Serjeant willingly (de gre) and without coercion granted the aid.
In Pasch. 1444, a Procedendo (stay) was put forth to the Justices.
Defendants pleaded not guilty.
Plaintiffs replied that defendant(s) previously had justified his (their) entry in the same writ as appeared before the Court of record, and demanded judgment whether defendant(s) would now be received to plead not guilty.
Portyngton JCP agreed with plaintiff that it was good to be advised of this plea, because an entry and a regress were confessed by matter of record previously.
Argument about pleading after a grant of aid of the king.
Defendants said that their first plea was only to have aid of the king, and they have now tendered an issue which plaintiffs refused.
Plaintiffs willingly (gratis), and without compulsion replied that defendants were guilty.
Newton CJCP and all his Companions held that lawful possession for 3 years could be maintained with force under the Statute. |
per colour; reoustamus peasiblement
Sjt Danby (for Ds): Jugement, si le Roy nient counsel voile avant aler; un colletor aura l' eide du Roy; per son Prerogative
Ayscough JCP: Tiel issu poet le plaintif prendre en cest accion, que tornera cesty en le revercion en prejudice: & ne poet torner cesty a que l' reversion est a prejudice, sinon que il torne en prejudice au Roy, pur ceo que il est en garde du Roy; & luy requeste administre un ple, il sera que voide: car les faits que concernent le terre sont enle garde le Roy al' comen entent durant le nonage
Paston JCP: un comen person; perenter comon person
Newton CJCP (to Sjt Prysot): Jeo entende que il est si grand spede pur vous a grant l' eide, come pur demurrer en Jugement tanque le matter soit discusse; purque me semble que il enjoieroit le ple |
Sjt Prysot and Ayscough JCP and Paston JCP argued that defendants should have the aid; Newton CJCP argued that defendants should not have aid of the king
Sjt Danby (for Ds): enve though no land will be recovered by this writ, yet the title of the land is to be tried by the writ
Newton CJCP: a tenant for life will not have aid of any person in a writ of Trespass, but a tenant for years will have the aid of the reversioner in a writ of Trespass; query the distinction; in a general writ of Trespass if the defendant justify the trespass and pray aid of the king afterwards, (and) the aid (is) granted, and Procedendo comes here, the defendant can plead not guilty, because at no time had the defendant confessed the trespass, but acknowledged a lawful breaking of close, or lawful grazing (depasture les herbes)
Note that it was held by Newton CJCP and all his Companions that if I am seised of a lawful possession and this continued peaceably for 3 years without interruption, I can keep (garde) this possession against all others within the course of the Statute; and also they said that if I am lawfully seised until disseised by a stranger, on whom I enter with main force, and it is found before the Justices of the Peace so the disseisor is restored to his possession, I can enter on him peaceably, or take an Assize at my will |
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Statham Aide de Roy 23 stated that if one prayed aid of the king in an Assize, the justices would give a day to the parties at the next sessions; but if the Procedendo did not come on that day, then it was discontinued, and the plaintiff should not have an attachment or another day afterward; by Newton CJCP |
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Statute
Force
Forcible Entry
Entry
Seisin
Manor
Supposition
Demesne
Fee
Lease
Term of Life
Term of Joint Lives
Force
Claim
Colour
Deed
Feoffment
Passing
Ouster
Re-ouster
Peace
Peaceable Entry
Denial
Sans Ceo
Detaining with Force
King
Tenant In Chief
Issue
Death
Within Age
Infant
Infancy
Seizure
Wardship
Counsel
Nient Counsel
Loss
Aid of the King
Grant
Case
Collector
Aid
Recovery
Title
Trial
Term of Life
Tenant for Life
Prerogative
Entry Sur Disseisin
Person
Term of Years
Tenant for Years
Reversion
Reversioner
Query
Distinction
Taking Issue
Action
Redounding (torner)
Prejudice
Ward
Ward of the King
Appearance
Request
Administration
Plea
Voidance
Concern
Common Understanding
Nonage
Aid Prayer
Common Person
Cause
Freehold
Showing
Matter
Proof
Disproof
Joinder of Issue
Understanding
Speed
Demurrer
Demurrer in Judgment
Discussion
Willingness (de gre)
Coercion
Term
Sequence
Procedendo
Not Guilty
Rien Culpable
Justification
Appearance
Record
Demand
Receipt
Advice
Regress
Confession
Matter of Record
Assize
Conveyance
Special Estate
Showing
Fee Simple
Direction
Ancestor
Warranty
Bar
Stranger
Praecipe Quod Reddat
Nontenure
Tender
Tender of Issue
Refusal
General Writ of Trespass
Acknowledgement (conust)
Close
Breaking Close
Lawful Breaking of Close
Enjoyment
Gratis
Compulsion
Without Compulsion
Maintenance of Plea
Guilt
Note
Holding
Companion
Lawful Possession
Peaceable Continuation
Interruption
Without Interruption
Keeping (garde)
Course
Course of the Statute
Lawful Seisin
Main Force
Mainforce
Finding
Justice of the Peace
Disseisor
Restoration
Peaceable Entry
Will (volunte) |
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