| 1272.003ss |
0 |
Common Pleas |
(Replevin) |
|
serjeant (contur) (for P)
Littlebury, Martin of CJCP
Quy, John of Sjt de Koy (for P)
Giffard, John Sjt (for D)
Quy, John of Sjt de Koy (for P)
Ellis, Clerk of CP (Sir Elis)
Mettingham, John JCP Metingham |
James |
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|
| Diames se pleint qe Mahut atort ces avers prist, nomeement un boef e iiij vache etc. Mahut defent tort |
42 |
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'sire Elis' was probably Ellis of Beckingham, one of the clerks of the court |
free or villein; she cannot litigate about the entitlement of another; they have two different qualities as villeins and suitors; three weekly suit is due either from the tenement or from the person; the villein can do nothing without his lord
Brand: A widow who had assigned a hundred court as part of the appurtenances of a manor and distrained for arrears of suit to that court had to show seisin of the suit either at the time the court was assigned to her or subsequently. If the suitors distrained were the villeins of a third party it was arguable whether that third party alone could bring Replevin to challenge the distraint or should have joined his villain tenants with him in his action.
(replevin) |
| BL MS Additional 38821, fols. 116v-117r |
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Paul A. Brand, The Earliest English Law Reports, vol. 1, 111 SS 13-14 (London 1996) (pre-1273.2)
Dunham, Casus Placitorum, Collection II, no. 22, 69 SS 80-81 |
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