| 1455.103 |
1455 |
Common Pleas |
Debt on an obligation |
Mainprise |
| Mich. |
34 |
Hen. 6 |
37 |
20a-20b |
Comberford, Prothonotary of CP
the Judges
Comberford, Prothonotary of CP
Prysot, John CJCP Prisot
the King's Serjeants
Littleton, John King's Sjt
Hindstone, William King's Sjt Hengeston
Moyle, Walter JCP Moile
Prysot, John CJCP Prisot
Danby, Robert JCP |
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Fleet, Warden of |
Fleet prison |
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Fitzherbert Plegges 3
Brooke Fine pur contempts 3 (not Fitzherbert), Mainprise 5 (not in margin) |
Prior proceeding? 1454.080 = Mich. 33 Hen. 6, pl. 44, fol. 54b |
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| Comberford Prothonotarie monstra al' Juges, coment un briefe de Dette de viii. marcs auterfois |
27 |
(Previously, plaintiff counted on an obligation.
Defendant pleaded 'not his deed'.
Afterward, the verdict found that it was defendant's deed.
Capias ad satisfaciendum issued for the fine to the king.
Defendant was arrested (taken) and put in Fleet prison, and remainded there.)
A Clerk showed all this to the Judges.
Defendant came to Court in the custody (garde) of the Warden of Fleet prison.
Defendant showed an acquittance for plaintiff for all manner of actions and executions.
Defendant prayed a Scire facias against plaintiff to acknowledge or deny his written release.
Scire facias was granted.
The Clerk told the Judges that the defendant was ready to find pledges here in Court for his fine to the king, and that the defendant prayed that he could be dismissed (to go at large).
Prysot CJCP said that it was right (reason) that the King's Serjeants be consulted (moves).
Prysot CJCP (or the Clerk) rehearsed the matter to the King's Serjeants.
King's Sjt Littleton argued that defendant would not find pledges nor be dismissed (go at large) until plaintiff be satisfied and would willingly admit his deed (of acquittance).
Moyle JCP argued that defendant could not find pledges before plaintiff be satisfied.
Prysot CJCP and Danby JCP disagreed, and would permit defendant to find pledges.
Two pledges were examined, and taken for the fine to the king because defendant had denied his own writing.
Those two pledges and another two acknowledged by way of recognisance to pay plaintiff a larger sum in the name of penalty, where the recovery was a lesser sum.
Defendant did not want to sue his Scire facias and the process against plaintiff |
Scire facias envers le party plaintif, 'ad cognosccendum vel dedicendum scriptum relaxacionis'
Prysot CJCP: en brief de Transgressioun le fine est incident al' accion, & al' nature de briefe est suppose 'vi & armis'; Mes en brief de Dette nul fine est incident al' nature d' action, mes per le faux ple 'tantum'
Et puis ii pleges furent examines, & pris pur le fine le Roy, 'pro eo quod dedixit scriptum suum': & auxi eux deux & auters ii s. quatre persons al' plaintif gtamen conisans per voye de reconisans de paier meme cest plaintif xii marcs, s. 'nomine Paenae', ou le recovere ne fuit mes viii marcs &c. & en cest cas que le defendant ne voilet suir son Scire facias, & tout le proces 'cum effectu isto eodem Termino Rot. 637 |
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William Hindstone, Richard Choke, John Nedeham, and Thomas Littleton were all King's Serjeants in Mich. 1455 |
demand for 8 marks (= 5 pounds 6 shillings 8 pence), recognisance of 12 marks (= 9 pounds) in name of penalty (penal damages?), where the recovery was only 8 marks
King's Sjt Littleton King's Sjt: when the defendant is taken by Capias the plainatiff can never have another (form of) execution; Because on Fieri facias, or Elegit a Nihil cannot be returned, because it could be that he has nothing, and on this he (plaintiff) could have a Capias afterwards, etc. but not 'vice versa' (via versa), if the plaintif once sues execution of his (defendant's) body, he will never have another (form of) execution, that is, Elegit or Fieri facias
King's Sjt HIndstone: I understand that if the plaintiff choose his execution once by Elegit, he will never have execution of his (defendant's) body afterwards, etc.
Moyle JCP: if he (defendant) was attaint in a writ of Trespass, he can never put in pledges before the plaintiff be satisfied, so in this case when he (defendant) is to make a fine for his false plea
Prysot CJCP: in a writ of Trespass the fine is incident to the action, and to the nature of the writ is supposed 'with force and arms'; but in a writ of Debt no fine is incident to the nature of the action, but for the false plea only (is a fine imposed on defendant)
and it was moved in this case, if the new release be found false, how the king would be satisfied of his fine, in case it be found against him, etc; but to this it seemed to them all that process would issue against him(defendant), if he (defendant) made default, by fine to the king, by the plaintiff, who is sure of his debt (deutie) by the recognisance, and if he appear at every day, then he could demur by the new fine, if it be found against him (defendant), and if it be found for him, he (defendant) will go quit (aquitted) |
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Brooke Fine pur contempts 3, fol. 347v, also cited 33 Hen. 6, fol. 54 |
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| Mich. 34 Hen. 6, rot. 637 |
0 |
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2004-10-11 |
Prothonotary
Showing
Judge
Suit
Count
Obligation
Pleading
Not His Deed
Nient Son Fait
Verdict
Finding
Deed
Capias
Capias At Satisfaciendum
Fine
King
Fine To The King
Issuance
Taking
Arrest (pris)
Prison
Imprisonment
Remaining (demeurt)
Appearance
Custody (garde)
Warden
Acquittance
Manner
Action
Execution
Scire Facias
Party
Acknowledgement (cognoscendum)
Denial (dedicendum)
Writing (scriptum)
Release (relaxacionis)
Grant
Finding
Pledge
At Large
Dismissal
Going At Large
Reason
Serjeant
King's Serjeant
Motion
Rehearsal
Matter
Seeming
Satisfaction
Confession
Admission
Willingness (son gre)
Fieri Facias
Elegil
Nihil
Return
Nothing
Vice Versa
Via Versa
Body
Execution On His Body
Choice (eslit)
Election
Attaint
Putting (mettre)
Case
Making Fine
Falsehood
Plea
False Plea
Similarity
Dissimilarity
Incidence
Action
Nature
Nature Of Writ
Supposition
Vi & Armis
Vi Et Armis
Force And Arms
Tantum
Affirmation
Agreement
Examination
Own Writing
Way (voye)
Recognisance
Payment
Name
Penalty
Nomine Paenae
Name Of Penalty
Recovery
Process
Cum Effectu
Term
Roll
New Release
Default
Assurance (seur)
Sureness (seur)
Debt (deutie)
Demurrer
Going Quit |
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