| 1466.017 |
1466 |
King's Bench |
Maintenance |
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Townshend, Roger Townsend (for P)
Townshend, Roger Townsend
Markham, John CJKB
Townshend, Roger |
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Fitzherbert Maintenance 16
Brooke Maintenance 34 |
19 Edw. 4, fol. 4
10 Hen. 7, fol. 7
14 Hen. 7, fol. 2 |
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| En action de maintenance le defendant dit, que al temps de maintenance suppose, avoit espouse le soer cesty plaintiff que |
8 |
Defendant pleaded that at the time of the supposed maintenance, defendant had espoused the sister of him whom defendant was supposed to have maintained, that defendant retained counsel for defendant's brother-in-law (frere en ley), which was the same maintenance (that plaintiff had supposed).
Plaintiff replied that even though defendant had an affinity (fuit alie) to him whom defendant was supposed to have maintained, yet defendant could not maintain him (defendant's brother-in-law).
It was said that affinity between godparent and godchild was a good plea in maintenance.
Plaintiff replied that defendant had not pleaded that defendant's wife (the sister of him whom defendant was supposed to have maintained) was alive at the time of the (supposed) maintenance, so defendant's plea was no good.
Markham CJKB agreed with plaintiff that defendant could only maintain defendant's brother-in-law during the life of defendant's wife.
Plaintiff said that if defendant would not amend his plea, plaintiff would demur on defendant. |
(for D:) avoit espouse le soer cesty pur que party le maintenance est suppose, pur que il vient, & reteigne counsel per son frere en ley (= brother-in-law)
Townshend: nient obstant que il fuit alie a luy, uncore il ne poit meinter pur luy, &c.
Et auxy fuit dit il fuit bon plee adire que il est gossop al cestuy pur que le meintenance est suppose, &c. pur le affinitie que est enter eux, &c.
Townshend: Il n' ad monstre que cesty feme fuit en vie al temps de maintenance, &c.
Markham CJKB: Vous dits voier, car il ne poet maintain forsque durant sa vie, &c.
quaere, &c.
Townshend: Certein sir s' il ne voet amendre s' plee, nous voillomus demurre sur luy, &c. |
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Roger Townshend was created Serjeant in Jun. 1478. |
| it was also said (by defendant or on defendant's behalf) that that it was a good plea (for a defendant in Maintenance) to plead that he was the godfather or godmother (gossop) to him whom defendant was supposed to have maintained, because of the affinity that there was between them |
Action
Time
Supposition
Espousal
Marriage (espouse)
Sister
Party
Retainer
Counsel
Brother
Brother In Law
Brother-In-Law
Plea
No Plea
Notwithstanding
Alliance (alie)
Maintaining
Good Plea
Godfather (gossop)
Gossip
Godparent
Affinity
Showing
Wife (feme)
Life
Bad Plea
Truth (voier)
Duration
Query
Certainty
Amendment
Amendment Of Plea
Demurrer |
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