| 1466.016 |
1466 |
King's Bench |
Decies tantum (Embracery) |
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Bryan, Thomas Sjt Brian (for D)
Rogers, Thomas
Sulyard, John Suliard (for D)
Rogers, Thomas
Laken, William JKB Laikin |
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Fitzherbert Decies tantum 3
Brooke Decies tantum 17 (not 16) |
cross-referenced in 1366.080 = Trin. 40 Edw. 3, pl. 16, fols. 33b-34a
37 Hen. 6, fol. 34
13 Hen. 4, fol. 19 |
the statute = 38 Edw. 3 (1364), stat. 1, ch. 12 (Decies tantum) |
| Un Decies tantum fuit sue envers un home imbraceour, & counta sur le statute, & coment le |
15 |
Plaintiff sued defendant as an embracer, and counted on the statute, and counted that defendant had taken 20 pounds by this embracery.
Defendant pleaded that defendant was learned in the law of the land (a lawyer), and that defendant was retained to be of counsel to the party whom plaintiff has supposed defendant had embraced, that defendant took for this 6 shillings 8 pence, by force of which defendant showed his client's evidences to the jury (l' enquest) and requested that the jurors, if they found in their consciences that what defendant had said was true, to give their verdict with (passent ove) defendant's client, which was the same inducing and embracery (of which plaintiff had counted).
Plaintiff replied that defendant's plea was no good because plaintiff had counted that defendant took 20 pounds and defendant had justified only for 6 shillings 8 pence, and that defendant had not answered plaintiff, and that plaintiff should recover 10 times as much as defendant had taken, so defendant ought to answer to the rest (of the 20 pounds).
Defendant, by another counsel, argued that defendant's plea was good enough because plaintiff's action was brought on the embracery (jury tampering), not on the taking of money.
Plaintiff argued that his action was brought on the embracery and on the taking of money.
Laken JKB said that defendant had neither confessed and avoided nor traversed plaintiff's count.
Defendant then pleaded as before, denying that defendant took any more than the 6 shillings 8 pence. |
& coment le defendant avoit pris xx. l. pur cel imbracery, &c.
Sjt Bryan (for D): il dit que le defendant est un home erudite en le ley del terre, & coment il fuit retenus a Norwiche en counsel ovesque cestuy, pur qui le plaintiff ad suppose que le defendant fuit imbrace, &c. & pur ceo faire il prist vi. s. viii. d. per force de que il monstre les evidences son client a l' enquest, & eux request s' il trove en lour conscience cest que il ad dit estre voier, que ils passent ove son client, &c., le quel est meme l' enducing & embracery, &c.
Rogers (for P): nous avomus count que il prist xx. l. & il ad justifie forsque pur vi. s. viii. d. issint ne responder a nous car nous sumus a recoverer x. foits a tnat que il ad pris, pur que il covient responder al remnant
Sulyard (for D): Cest accion est port sur le imbracerie tamen, & nemy sur le prisel del argent, car le imbracerie est tout le cause d' accion, & entant que nous avomus justifie le imbracerie, nostre plee est assets bon
Rogers (for P): L' accion est port sur le imbracerie, & auxy sur le prisel, &c. car s' il ne prist nul deniers, donques nostre accion fail, car nous sumus a recoverer x. foits a tant, &c. & s' il ne prist nul deniers, donques nous poimus recoverer x. foits a tant, &c. & s' il ne prist nul deniers, donques nous poiomus recoverer riens, &c. |
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Thomas Rogers was created Serjeant in 1478 and died in 1478 (Baker, Readers and Readings, p. 24). John Sulyard was created Serjeant in June 1478 (Baker, Readers and Readings, p. 107). |
6 shillings 8 pence as customary counsel fee
embracery (jury tampering), lawyer paid 6 shillings 8 pence to be of counsel to a party and to show his client's evidences to the jury and to request that the jurors, if they found in their consciences that what the lawyer had said was true, to give their verdict for the lawyer's client
Sjt Bryan (for D): defendant pleaded that defendant was learned in the law of the land (un home erudite en le ley del terre, a lawyer), and that defendant was retained to be of counsel to the party whom plaintiff has supposed defendant had embraced, that defendant took for this 6 shillings 8 pence, by force of which defendant showed his client's evidences (probably title deeds) to the jury (monstre les evidences son client a l' enquest) and requested that the jurors, if they found in their consciences that what defendant had said was true, to give their verdict for (passent ove) defendant's client, which was the same inducing and embracery (of which plaintiff had counted)
Sulyard (for D): this action is brought on the embracery alone, and not on the taking of money (prisel del argent), because the embracery is the entire cause of action, and inasmuch as we (defendant) have justified the embracery, our plea is good enough
Rogers (for P): the action is brought on the embracery and also on the taking of money, because if he (defendant) took no money (to influence jurors), then our action fails, because we are to recover ten times as much, etc. and if he took any (nul) money, then we can recover 10 times as much, etc. and if he took no (nul) money, then we can recover nothing
Laken JKB: in every plea in bar he (defendant) ought to confess and avoid, etc. or to traverse, etc., and he (defendant) has not done thus here |
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Brooke Decies tantum 17, fol. 214v: Decies tantum pur embracery & prise de x. li. pur l embrasery, le defendant dit que il est erudite in le ley, & a N. fuit reteine a counsel ove le party, pur que &c. & prist de luy vi. s. viii. d. & done evidence al Jury, & eux pray, que si son evidence prove voire de passer ove son clyent, quel est mesme l embracery, &c. & nul ple, pur ceo que il ne responde al rest del x. li. pur que il dit ut supra sans ceo que il prist pluis que vi. s. viii. d. &c. |
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Suit
Embracer
Count
Statute
Taking
Embracery
Action
Maintenance (offence)
Erudition
Learning (erudite)
Law of the Land
Learned In Law
Lawyer
Retainer
Counsel
Of Counsel
Party
Supposition
Embracing
Six Shillings Eight Pence
Force
Showing
Evidences
Client
Jury (l' enquest)
Request
Finding
Conscience
In Their Conscience
Truth (voier)
Saying Truth
Passing With
Verdict (passent ove)
Inducing
Influencing (enducing)
Plea
No Plea
Justification
Answer
Recovery
Ten Times
Rest (remnant)
Action
Only (tamen)
Taking Of Money
Money (argent)
Cause
Cause Of Action
Sufficiency (assets)
Good Enough
Good Plea
Money (deniers)
Failure
Failure Of Action
Bar
Plea In Bar
Confession
Confession And Avoidance
Avoidance (avoyder)
Traverse
Denial
Sans Ceo |
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