1460.020 |
1460 |
Common Pleas |
Privilege (Corpus cum causa) (Concessit solvere) |
Privilege
Judicium |
Pasch. |
38 |
Hen. 6 |
12 |
29b-30b |
Choke, Richard Sjt (for P)
Laken, William Sjt un Serjeant (for D) (mentioned)
Laken, William Sjt Laicon (for D)
Billyng, Thomas Sjt Billingworth
Bryan, Thomas Brian (for D)
Moyle, Walter JCP Moil
Danvers, Robert JCP Davers
Aysshton, Nicholas JCP Ashton
Prysot, John CJCP Prisot
Danvers, Robert JCP Davers (mentioned)
Moyle, Walter JCP Moile (mentioned)
Choke, Richard Sjt
Danby, Robert JCP
all the Justices |
a Lombard |
|
|
|
|
London, Mayor of
London, Sheriffs of
Marshal of KB |
Lombardy
London (Londres, L.)
King's Bench
H., in England
England (Angleterre)
Flanders
other countries (auters Pais) |
|
Fitzherbert Corpus cum causa 10
Brooke London 15, Imprisonment 28, Ley gager 69 (not fol. 32), Privileges 30 (not in margin), Default 57 (not in margin) |
|
|
Choke vint al' barre, & monstra coment un tiel Lombard suist un briefe de Privilege hors de ceo |
75 |
Defenant Lombard appeared by an Exigent de novo or Cepi corpus, and pleaded here by plaint.
Defendant Lombard sued a writ of Privilege out of this Court to the Mayor and Sheriffs of London against plaintiff Lombard.
Plaintiff Lombard appeared here with a Serjeant and said that plaintiff Lombard had sued an action pending in London before the sheriff by a Concessit solvere according to the usage of London for 500 pounds and said that plaintiff Lombard could not have an action at common law nor in any other place, and prayed that he (defendant Lombard) be remanded (to London custody).
Defendant Lombard prayed that defendant Lombard be dismissed (from London custody), because defendant Lombard was impleaded here by various plaintiffs, and could not appear here in person and be there (London sheriff's court) in a plea at the same time.
To inform the Court, Sjt Billyng said that the truth of the matter was that this action (in Common Pleas) was taken by fraud (covin) and said that this same Term he had removed defendant Lombard into King's Bench, and that plaintiff Lombard alleged this matter that plaintiff Lombard could not have Concessit solvere anywhere but London, and that defendant Lombard was remanded and could not have his will in King's Bench, so he came here and took the privilege of Common Pleas, so Sjt Billyng argued that defendant Lombard should be remanded.
Another of defendant Lombard's counsel, by license of the Court, informed the Court of the matter for defendant Lombard, and said that Sjt Billyng's case in King's Bench was not the same as this case, but was by a bill in the Marshal's custody, and argued that this case could have been brought by fraud (covin), so defendant Lombard should be dismissed (from London custody).
(The matter was well disputed.)
Moyle JCP argued that defendant Lombard could make attorney in one court and appear in person in the other.
Danvers JCP argued that defendant Lombard should be remanded (to London court) to answer there, and then at the day defendant Lombard had in this Court the Court could write to London to have his body here.
Aysshton JCP and Prysot CJCP argued that defendant Lombard ought to have the privilege.
Plaintiff Lombard prayed again that defendant Lombard be remanded.
Then Danby JCP came into Common Pleas and asked plaintiff Lombard how defendant Lombard could be remanded, when it appeared to the Court that defendant Lombard was impleaded in this Court and appeared by Exigent, and told plaintiff Lombard that his prayer was unreasonable
Then by assent of all the Justices defendant Lombard was dismissed (from the London suit) and the Serjeant (Sjt Laken (?) be discharged of defendant Lombard, and that defendant Lombard be put to answer to other pleas that were pending against defendant Lomard (in Common Pleas). |
Sjt Billyng (Billingworth) pur le conceit de Court eux informa del' verite del' matter, & coment cest action fuit pris per covin: & disoit que il avoit remue le dit Lombard en Bank le Roy, & cest matter allege en Bank le Roy per luy, & que il ne puissoit avoir action sur Concessit solvere en nul lieu sinon en L. (London); Et pur ceux considerations il fuit remande, & cest fuit meme le terme, & pur ceo que il (add: ne) poit avoir sa volonte la, il vient cieins & prist le privilege de ceo Place: purque semble que purles causes avandits il sera remande
Bryan (for D) qui fuit ove le Lombard qui suist le Corpus cum causa per licence del' Court informe eux de le matter pur son client: & dit que le cas que fuit en Bank le Roy ne fuit semble a ceo cas: car la ne fuit forsque per un bille 'in custod- Marescalli' & 'ea de causa' il fuit remande, mes il est icy per 'Exigent de novo', & emplede icy per brief, le quel ne pit estre entende per covin: purque me semble que il sera dismis
Moyle JCP: C' est fort cas de l' un part & l' auter
Danvers JCP: il sera tresgrand mischief que le party sera issint delaie; nous escrirons a eux d' avoir son corps ciens sicome il soit emplede en Bank le Roy, & est la in custod- Marescalli', ou per Cepi corpus, ou atuermint nous escrirons al' Mareshal pur avoir son corps ciens a respondre
Aysshton JCP: A ceo que est dit del' conscience, & le grand mischief, pur ceo que le party ne poet avoir aion ciens, nous avons rien a faire ove ceo, ne nous ne prendons conusance sur nous, le quel il poiit avoir action sur ceo 'Concessit solvere', ou nemy
Prysot CJCP: semble que il poet aver action sur cest bille que est mis ciens, que tesmoigne le receit, & le marchandise purque le summe est en demand, le quel bille porta date a H. deins Angleterre; Et ensement le Concessit solvere n' accorde pas al' bille en tout: car le Concessit solvere reherce pur certaine marchandise vendus, mes il ne reherce le marchandise accordant al' bille: purque me semble que le Concessit solvere ust este 'melius', s' il ust accorde al' bille; Et a ceo fuit dit per eux que le custome de L. fuit que le Concessit solvere duist rehercer pur certein marchandise biens & chateux vendus sans rehercer le matter en especial, & uncore il covient dire pur marchandise, 'in bonis & cattallis sibi primo venditis concessit solvere', ou auterment ne vault; si un soit emplede ciens, & vient per Cepi corpus & appert, & sa presence recorde per tout le terme, ceo n' est forsque le curtesie de cest Court, car il sera adjuge tout dits icy en propre person: & s' il va en L. (London) & est arreste la il aura le privilege de cest Court; il n' aura le privilege s' il soit trove ciens per examination que il ne vient per cause de ceo suite, mes per cause d' auters besongnes: car la il n' est a mischief, pur que il ad son attorney icy
Sjt Choke (for P): donques vous poies avoir avantage a pleder en barre, pur ceo que nous (add: ne) avons un escript enseele de mesme la chose, sur quel vous ne 'gages vostre Ley', & icy vous poies 'gager vostre Ley': car si soit tiel ville (should be: bille) sur quel action poet estre conceue ciens, le party ne 'gage son Ley' ciens: & 'per consequens' bon ple; Mes Sir, pur le bille nous ne poimus prendre nul action, pur ceo que il n' y ad nul' paroles maintenir un action: car ceux marchandises fertours ('struck'?, perhaps ferrure, ironmongery?) & 'hujusmodi', furent vendus, & bargains en Flanders, & en auters Pais, & pur ceo que nous ne poimus avoir nul action vers luy deins cest terre, nous fesimus un 'reckoning' ove luy, & pur touts choses entre nous il 'Concessit solvere' le summe &c. sur quel nous ne poimus avoir remedy sinon en L. (London) purque nous prions pur le mischief que il soit remande
Purque Danby JCP vient en le Place & dit: Coment voules vous desirer que il sera remande, quand il appert a nous que il est plede ciens, & vient eins per Exigent?; Qui dit que n' est nul reason en vostre priere |
|
Thomas Bryan was created Serjeant in Nov. 1463 |
two Lombards litigating in London on a 'reckoning' made in London for merchandise sold and bargains struck in Flanders and in other countries
Sjt Choke (for P) mentioned an action of Concessit solvere according to the custom of London for 500 pounds on which Concessit solvere he (plaintiff Lombard) could not have an action at common law nor in any place except in London or in other such privileged places; you (defendant Lombard) can have advantage to plead in bar, because we (add: do not) have a sealed writing of the same thing, on which you (defendant Lombard) cannot wage your law, and here (in Common Pleas, on a writ of Covenant) you can wage your law, because if there be such a bill (ville) on which an action can be conceived here, the party will not wage his law here, and consequently (it is) a good plea; but Sir, on the bill we cannot take any action, because there are no words to maintain an action, because that merchandise 'fertours' (?) and suchlike (huiusmodi) were sold, and bargains (struck) in Flanders, and in other countries (Pais), and because we cannot have any action against him within this land, we made a 'reckoning' with him, and for all things between us he 'Concessit solvere' (agreed to pay) the sum, etc. on which we cannot have a remedy except in London, so we pray for the mischief that it would be to us that he be remanded
Sjt Laken (for D): even though he he (plaintiff Lombard) could not have an action here on the Concessit solvere, yet he could have an action here on the covenant on which the Concessit solvere arose (surdist), because the Concessit solvere has no other effect than the contract, because in both he (defendant Lombard) could wage his law that (he owed) nothing; and Sir, there is a bill here witnessing (testmoigne) the thing (chose) for which the Concessit solvere was granted, in which case he can have a good action on his bill, and thus he is at no mischief; and Sir, even if he can have no action here, yet he is not without remedy, because this is only a delay for the time, and when this action (in Common Pleas) is terminated, he can have a new action on the Concessit solvere in London and thus he is at no mischief
Sjt Billyng (Bilingworth) to inform the court (pur le conceit de Court) informed them of the truth of the matter and how this action (in London against defendant Lombard) was taken by fraud (covin) and said that he had removed him (plaintiff Lombard) into King's Bench, and this matter was alleged in King's Bency by him (plaintiff Lombard)and that he could not have an action on Concessit solvere in any place except in London
Prysot CJCP: as to the mischief that is alleged, because he cannot have an action on the Concessit solvere here, this is irrelevant (n' est a propos): because it seems that he can have an action on this bill that is put forth here, which witnesses (tesmoigne) the receipt, and the merchandise for which the sum is in demand, which bill bore a date at H. in England; and likewise (ensement) the Concessit solvere does not agree (accorde) with the bill entirely, because the Concessit solvere rehearses for certain merchandise sold, but it does not rehearse the merchandise according to the bill, so it seems to me that the Concessit solvere would have been better (melius), if it had agreed with the bill; and to this that was said by them that the custom of London was that the Concessit solvere ought to rehearse for certain merchandise goods and chattels sold without rehearsing the matter specially, and yet he ought to say for merchandise, 'in bonis & cattallis sibil primo venditis concessit solvere', or otherwise it is no good (ne vault); query of this that Moyle JCP has said, that he (defendant Lombard) will make attorney, this is irrelevant (n' est a purpos) even if it could be done, because if one be impleaded here, and come by Cepi corpus and appear, and his presence is recorded for all the term, this is only the courtesy of this Court, because he will be adjudged here always in person, and if he go to London and is arrested there he will have the privilege of this Court, and so one who resides in London, if he be impleaded here, will have the privilege as well as a stranger will have it when he appears by Cepi corpus; but perhaps in the case that Moyle JCP put, if one be impleaded here, and make attorney here, and then go into London and a plaint is affirmed against him, he will not have the privilege if it be found here by examination that he did not come by reason (cause) of this suit, but by reason (cause) of other business (besongnes), because it is no mischief, because he has his attorney here |
Appearance
Showing
Lombard
Suit
Privilege
Writ Of Privilege
Mayor
Sheriff
Naming
Name
Cause
Serjeant
Action
Pending
London Court
Local Court
Sheriff's Court
Concessit Solvere
Agreement To Pay
Usage
Custom (usage)
Local Custom
Common Law
Action At Common Law
Place
Privileged Place
Remand
Otherwise
Remedy
Without Remedy
King's Court
Matter
Sum
Large Sum
Sooner (plustost)
Regard
Dismissal
Impleading
Exigent
In Person
Proper Person
Plea
LIkewise (ensement)
Strict Necessity
Necessity
A Fine Force
Irrelevance
Relevance
N' Est A Purpos
Purpose
Covenant
Rising (surdist)
Arising (surdist)
Effect
Contract
Wager Of Law
Bill
Witness (testmoigne)
Thing (chose)
Grant
Case
Good Action
Mischief
Delay
Time
Determination
New Action
Conceit
Thinking (conceit)
Information
Truth (verite)
Matter
Fraud (covin)
Collusion (covin)
Covin
Removal
King's Bench
Allegation
Consideration
Term
Will (volonte)
Cause
Corpus Cum Causa
Licence
Licence Of Court
Client
Similarity
Dissimilarity
Custody
Marshal
Causa
Exigent De Novo
Understanding (entende)
Strength (fort)
Strong Case
Part
Attorney
Making Attorney
Pleading
Pleading By Attorney
Service
Serving
Writing (escrirons)
Body (corps)
(Habeas Corpus)
Cepi Corpus
Delivery
Conscience
Cognisance
Taking Cognisance
Clarity
Receipt
Merchandise
Demand
Date
Bearing Date
Agreement
Accord
Entirety
Rehearsal
Certainty
Better
Melius
Goods
Chattels
Sale
Special Matter
Special Rehearsal
Avail
Note
Sending
Marshal of King's Bench
Bringing
Truth (voier)
Plaint
Query
Presence
Record
Courtesy
Courtesy Of The Court
Judgment
Arrest
Residing (demeurant)
Stranger
Affirmation
Finding
Examination
Business (besongnes)
Advantage
Bar
Pleading In Bar
Seal
Sealed Writing
(Specialty)
Conception
Party
Consequence
Per Consequens
Good Plea
Taking Action
Word (paroles)
Maintenance Of Action
Merchandise
Fertours
Bargain
Striking
Sriking Bargain
Country (Pais)
Reckoning
Desire
Reason
No Reason
Prayer
Assent
Discharge
Dispute
Good Dispute |
|