| 1460.018 |
1460 |
King's Bench |
Debt for allowing a prisoner to escape |
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| Pasch. |
38 |
Hen. 6 |
10 |
28b-29a |
Jenney, William Genny (for D)
Yelverton, William JKB
Fortescue, John CJKB |
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C., mayor of |
C., mayor's court of |
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Fitzherbert Dett 67, Recorde 22 (not in margin)
Brooke Dette 228 (not 22), Repleder 27, Travers per sans ceo 332, Estopell 112, Nugation 17 (not in margin) |
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| Debte vers le Mareshal en Bank le Roy de ceo que il avoit suffre un prisoner aler alarge. |
25 |
Plaintiff counted that he affirmed a plaint of Debt against the prisoner before the mayor of a vill and that process continued until plaintiff had judgment to recover his debt and damages, which amounted to the sum now in demand, and that defendant had the prisoner in execution, and that the prisoner was removed here and was committed to defendant Marshal of KB, and plaintiff pleaded the record with certainty, and that defendant Marshal of KB had allowed the prisoner to go at large without making satisfaction (sans gre) to plaintiff.
Defendant Marshal of KB replied that he did not let (the prisoner) go at large.
The parties were at issue.
It was found for plaintiff.
Now plaintiff prayed his judgment.
Defendant said that the Court ought not go to judgment because defendant took issue on the matter in fact without answering to the matter of record, so this issue was mispleaded (jeofail).
Yelverton JKB argued that the pleading was good.
Fortescue CJKB did not answer Yelverton JKB, but did say that the record was irrelevant.
Plaintiff had his judgment. |
| Jenney (for D): le quel issue n' est forsque un Jeofaile: sicome un plede envers moy un done per fine, si jeo die 'Ne donna pas', cest issue est void, car covient a moy a respondre a le matter de record, que prove le done que remaine un estoppel envers moy |
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William Jenney was created Serjeant in Nov. 1463. |
Yelverton JKB: where one (plaintiff) has matter in fact and matter of record proving the matter (in fact), and the other party (defendant) traverses the (plaintiff's) matter in fact, and issue is taken on this, the matter of record is (in) vain, and all the advantage that he can have by (de) this to estop the party (defendant), and if the issue be found for him (defendant) he will have judgment notwithstanding that the other (plaintiff) could have estopped him by the matter of record, and so here
Fortescue CJKB: he had alleged 'as it appears before us of record' these are void words, and of no effect, because those words are not a matter of record, nor will he plead before us (a matter) of record by way of estoppel, as you say, but he said 'as appears before us of record', and and had not shown any record, in which case those words are irrelevant (ne sont a purpos), as if it appeared by fine before us, this is irrelevant without pleading the fine or the recovery, or showing the record |
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Fitzherbert Dett 67, fol. 234v, cited no term |
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Marshal
Sufferance
Prisoner
At Large
Going At Large
Count
Affirmation
Plaint
Plaint of Debt
Prisoner
Year
Day
Mayor
Mayor's Court
Local Court
Process
Continuation
Judgment
Recovery
Judgment To Recover
Damages
Amount
Sum
Demand
Execution
In Execution
Removal
Committal
Pleading
Record
Certainty
Appearance
Of Record
Satisfaction (gre)
Action
Accrual
Issue
At Issue
Finding
Taking Issue
Matter
Fact
Matter In Fact
Answer
Matter Of Record
Jeofail
Mispleading (Jeofaile)
Gift
Fine
Gift By Fine
Ne Donna Pas
Ne Dona Pas
Void
Voidance
Void Issue
Motion
Remaining
Estoppel
Assize
Father
Estate
Taking Estate
Term Of LIfe
Saving
Salvation
Reversion
Saving The Reversion
Death
Entry
Seisin
Demesne
Dying Seised
Estoppel By Fine
Traverse
Good Issue
Vain
In Vain
Advantage
Party
Notwithstanding
Allegation
Word (paroles)
Void Words
Effect
No Effect
Pleading
Way (voie)
By Way Of Estoppel
Irrelevance
N' Est A Purpos
Purpose
Showing |
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