| 1455.065 |
1455 |
Common Pleas |
Annuity |
Residuum d' Annuitie |
| Trin. |
33 |
Hen. 6 |
13 |
27a-28a |
Billyng, Thomas Sjt Billing (for D)
Danvers, Robert JCP Davers
Prysot, John CJCP Prisot
Littleton, Thomas Sjt
Prysot, John CJCP Prisot
Danby, Robert JCP
Littleton, Thomas Sjt
Newton, Richard CJCP1439-1448 Sir Richard (mentioned in 1440 cross-reference
Yelverton, William Sjt (mentioned in 1440 cross-reference) |
Castle Acre (C. or Castelacre) |
Prior of |
|
|
|
Edward I, King of England |
A. (Aspall), vill and church of
S. (Suffolk), county of
D. |
|
| Brooke Travers per sans ceo 23, Prescription 5 (not in margin) |
Prior proceeding 1454.048 = Mich. 33 Hen. 6, pl. 12, fol. 34b-35b
Later proceeding 1458.008 = 36 Hen. 6, pl. 8, fol. 13b-15a
18 Hen. 6, in Annuity before Newton CJCP, Sjt Yelverton pleaded grant since time immemorial, perhaps 1442.099 = Mich. 21 Hen. 6, pl. 3, fol. 2b-3b
1456.024 = Pasch. 34 Hen. 6, pl. 7, fol. 36a-37b (Prescription in a writ of Annuity) |
|
| Residuum supra Michaelis post eodem Anno. Et fuit reherse coment le Prior de C. suist un brief |
52 |
(Previously, plaintiff prior counted of an annuity from time immemorial.
Defendant prior pleaded that defendant prior was seised from time immemorial of land and of an advowson held of plaintiff prior by rent services of the same amount in demand.
Plaintiff entered a demurrer on defendant's plea in a previous term.
Plaintiff argued that the plea was no good.
Defendant argued that the plea must be allowed for the cognisance of the jury (lay folk).
Danvers JCP and Prysot CJCP argued that the plea was no good.
It was adjourned. |
plea for D quoted in Latin
Sjt Billyng (for D): nous avons conu un rent service: pur que il covient estre suffri pour le conisans des lais gens, ou auterment nous prions estre discharges de amideux rents
Danvers JCP: mes il est or mater en Ley si home aura brief d' Annuity d' un rent service |
|
Cluniac Priory of the St. Mary and Saints Peter and Paul at Castle Acre, Norfolk. Augustinian Priory of the Blessed Virgin Mary at Butley, Suffolk. |
demand for 20 shillngs (= 1 pound) (1 pound 6 shillings 8 pence in prior proceeding), arrears of 8 marks (= 5 pounds 6 shillings 8 pence) (7 marks in later proceeding)
Sjt Littleton argued for defendant's position
(for P): an annuity and a rent service are of different natures, because in a writ of Annuity there is no inquiry as to collusion, etc. because this goes to charge the person only, and no one can traverse a thing unless the same thing be real ('in rerum natura'); as if I bring a writ of Detinue for a writing (escrow), etc. and the defendant says that I delivered to him a deed, denying that he detained any writing (escrow) this is no plea
Sjt Billyng (for D): we have acknowledged a rent service, so it must be allowed (suffered) for the cognisance of lay folk (jury), or otherwise we pray to be discharged of both rents
Danvers JCP: every rent service that issues from land, and every annual rent that charges the person that is properly called an annuity, yet is is not a rent
Prysot CJCP: there is a distinction between annuity and rent service
Sjt Littleton: before Sir Richard Newton CJCP 18 Hen. 6 Sjt Yelverton pleaded in a writ of Annuity that defendant's predecessor granted the rent to plaintiff's prdecessor and his successors in the time of Edw. 1 'sine assensu Capituli' (without the assent of his chapter), which was since time immemorial, denying that plaintiff's precedessor and his predecessors were seised from time immemorial, because otherwise the lay folk (jury) would not understand to inquire of such a long time, even though they themselves could have memory , so this special issue was taken, and admitted good, perhaps 1442.099 = Mich. 21 Hen. 6, pl. 3, fol. 2b-3b
see of prescription in a writ of Annutiy, and how it would be understood, 1456.024 = Pasch. 34 Hen. 6, pl. 7, fol. 36a-37b
in 1456.024 = Pasch. 34 Hen. 6, pl. 7, fol. 36a-37b, the report ends: see in a writ of Annuity, Pasch. 3 Hen. 6, fol. 28, 1455.065 = Trin. 33 Hen. 6, pl. 13, fol. 27a-28a , where it is said by Sjt Littleton that previously, that is to say, 18 Hen. 6 or thereabouts (vel id circa) before Newton CJCP1439-1448 (Sir Richard Newton), perhaps 1442.099 = Mich. 21 Hen. 6, pl. 3, fol. 2b-3b, Yelverton for the defendant pleaded in a writ of Annuity how the defendant's predecessor granted the rent to plaintiff's predecessor in the time of Edw. 1 which was since time immemorial, etc. 'without the assent of his chapter' (sine assensu Capituli), denying that the plaintiff's predecessor and his precedessors were seised before time immemorial, because otherwise the lay folk (les Lais gens) would not understand to inquire for a longer time than they themselves had memory, so this special issue was taken and admitted good |
Residuum
Year
Rehearsal
Prior
Suit
Count
Predecessor
Seisin
Rent
Hand
Time Immemorial
Acre
Appurtenances
County
Advowson
Church
Fee
Right
Monastery
Fealty (fidelitat-)
Render
Narration
Verification
Demurrer
Entry
Plea
Term
Good Plea
Complaint
Arrears
Matter
Rent Service
Difference
Nature
Collusion
Inquiry
Charge
Person
Tamen
Traverse
Reality
In Rerum Natura
Detinue
Escrow
Writing (escrow)
Delivery
Deed
Sans Ceo
Detaining (detient)
Contrary
Annual Rent
Demand
Rent Service
Sufferance
Cognisance
Lay Folk
Jury (lais gens)
Discharge
Agreement
Accord
Declaration
Matter In Law
Custom
Services
Customs And Services
Avowry
Assize
Praecipe Quod Reddat
Issuance
Propriety
Naming
Callling
Bad Plea
Distinction
Quem Redditum Reddit
Per Quae Servitia
Case
Knowledge (scay)
Annual
Grant
Passing
Prescription
Person
Absque Hoc
Proof
Double Plea
Double Pleading
Tenure
Matter Of Plea
Formedon
Formedon For Rent
Word (paroles)
Word (mots)
Denial
Attornment
Seeming
Repugnancy
Repugnant Plea
Premise
Speaking (parle)
Different Nature
Contradiction
Self-Contradiction
Knight
Pleading
Successor
Sine Assensu Capituli
Assent
Chapter
Since Time Immemorial
Inquiry
Long Time
Memory
Special Issue
Issue
Admission
Good Issue
Sight |
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