| 1455.099 |
1455 |
Common Pleas |
Replevin |
|
| Mich. |
34 |
Hen. 6 |
33 |
18a-18b |
Choke, Richard Sjt (for D)
Hindstone, William Sjt Heng. (for P)
Choke, Richard Sjt Chock
Moyle, Walter JCP Moile
Danby, Robert JCP
Hindstone, William Sjt Hengston
Danby, Robert JCP
Prysot, John CJCP Prisot
Hindstone, William Sjt Hengston
Hindstone, William Sjt Hengston |
Lombard |
J. |
|
|
|
Wilton, Abbot of |
Dale, vill of
Vernehil, in Dale
Down, vill of
The Park (P.), in Down |
|
Fitzherbert Replevyn 9
Brooke Avowry 13 |
|
|
| En un Replegiare porta per J. Lombard, le plaintiff counta de ses avers a tort pris en Dale en un lieu appelle |
29 |
Plaintiff counted of a taking in one vill in a named place.
Defendant pleaded that plaintiff held of an abbot another place in another vill, and for rent in arrears defendant as the abbot's servant distrained for the rent on the land and drove the animals to the other vill, and put them in a pound overt, and afterwards plaintiff took them out of the pound and defendant took them back, which was the taking of which plaintff had conceived his action.
Plaintiff replied that defendant could not justify in another place, but must deny the taking in the vill plaintiff counted.
Defendant argued that he could confess the taking by this form (of plea).
Moyle JCP said that defendant's plea was no plea.
Danby JCP argued that this was a good plea, but then said that defendant could have had a writ de Parco fracto.
Prysot CJCP argued that defendant's plea was good
Plaintiff replied that the place pleaded by defendant was out of the abbot's fee and lordship.
Afterwards plaintiff changed his reply, and replied that the defendant took his animals in the place of which plaintiff counted, denying that defendant took them in the place defendant pleaded.
Issue was joined. |
Moyle JCP: pur ceo que l' enparcment & le reprisel des mes en cest cas pur ceo que le property n' est de suir (should be 'de estre' or 'de ira'?) per le supposel de cest action hors del plainitff
Danby JCP: En cest briefe est assez colour ou le purperty est touts foiz suppose en le plaintif
Prysot CJCP: Et Sir, si jeo voile distreine deins mon fee pur rent, ou auter chose arere, & le tenant percevant mon venue veut chacer le distresse hors de cest terre a auter terre, est loyal pur moy a freshement prendre eux en l' auter terre, car le prisel est fonde sur le primer cause precedent |
|
Benedictine Abbey of St. Mary, St. Bartholomew, and St. Edith in Wilton, Wiltshire. |
Moyle JCP: in a writ of Trespas where the defendant can give colour to the plaintiff, this would have been a good plea; because the imparking and the retaking of the animals by the plaintiff gives a colour to the plaintiff to have an action of Trespass, but in this case because the property is not to be (le property n' est de suir), by the supposition of this action, out of the plaintiff, it seems that this is no plea in this action.
Danby JCP: in this writ there is sufficient colour where the property is at all times supposed in the plaintiff, but where he says that the defendant ought to traverse the taking, this cannot be, because he has confessed the taking beforehand in another place by a form, and has conveyed also the same taking which the plaintiff has declared by a lawful cause, because it is lawful for the defendant if he have cause to distrain, to drive (enchace) and impark (enparcer) within the same county at whatever place he pleases, and if the plaintiff retakes them he does wrong, and it was lawful for the defendant to take them back
Prysot CJCP: and Sir, if I want to distrain within my fee for rent, or (for) another thing in arrears, and the tenant, perceving my coming want to drive the animals (le distresse) out of this land to another's land, it is lawful (loyal) for me to immediately (freshement) take them in the other land, because the taking is founded on the first preceding cause
a Thomas Lombard was plaintiff in 1455.092 = Mich. 34 Hen. 6, pl. 26, fol. 14a-14b |
| Rot. 562 (D. lxij. |
0 |
|
|
2008-12-15 |
Count
Wrong (tort)
Taking
Place
Calling (appelle)
Pleading
Tenancy
Abbot
Acre
Homage
Rent
Arrears
Servant
Vill
Distraint
Driving (enchacea)
Pound
Pound Overt
Open Pound
Retaking
Conception
Action
Plea
Complaint
Justification
Traverse
Sans Ceo
Denial
Confession
Admission
Form
By A Form
Trespass
Colour
Giving Colour
Good Plea
Imparkment
Imparking (enparcment)
Case
Property
Supposition
Seeming
Sufficiency (assez)
Property (purparty)
Conveyance
Declaration
Cause
Lawfulness (loyal)
Lawful Cause
Pleasure (plait)
Wrong (mal)
De Parco Fracto
Breaking Park
Parco Fracto
Disseisin
Entry
Fee
Perception (percevant)
Coming (venue)
Freshness
Immediacy (freshement)
Foundation
Preceeding Cause
Lordship
Seigniory
Change
Prout
Narration
Roll |
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