| 1472.032 |
1472 |
Common Pleas |
Debt on arrears of account |
|
| Pasch. |
12 |
Edw. 4 |
24 |
9b-10a |
Catesby, John Sjt (for Ds)
Littleton, Thomas JCP
Pygot, Richard Sjt Pigot
Bryan, Thomas CJCP Brian
Choke, Richard JCP
Littleton, Thomas JCP
his companions (Justices of CP) (mentioned)
the Justices of KB (mentioned) |
T. |
mayor |
|
|
| commonalty |
Paine, T., testator |
King's Bench |
|
Fitzherbert Dett 95, Feoffements 28
Brooke Corporations 56 (not in margin) |
18 Edw. 4, fol. 8
7 Edw. 4, fol. 14
26 Hen. 8, fol. 10
7 Hen. 7, fol. 17 & fol. 9
4 Hen. 7, fol. 13
17 Edw. 3, fol. 3
2? Hen. 4,fol. 8
1 Edw. 5, fol. 5
13 Edw. 4, fol. 8
14 Hen. 7, fol. 31, 32
32 Hen. 6, fol. 35
18 Edw. 4, fol. 9, 19
21 Edw, 4, fol. 18, 19
1 Hen. 7, fol. 2
1 Edw. 4, fol. 14
18 Edw. 4, fol. 9 |
|
| En Det sur arrerages d' accompt port per le Major & cominalty devers E. Ketwil & auters come executors |
22 |
Plaintiffs mayor and commonalty brought Debt on arrears of account against defendant executors and counted that auditors were assigned by plaintiffs mayor and commonalty.
Defendant executors pleaded that he who was mayor at the day the writ was purchased had not assigned auditors with plaintiff commonalty in the manner as plaintiff mayor had counted.
Littleton JCP said that defendants could not plead this because the general writ and count were good even if plaintiff mayor's predecessor assigned auditors.
Sjt Pygot and Bryan CJCP said that defendant's traverse was good.
Choke JCP said that plaintiffs' count was good generally and that this was the common course which was always to be retained. |
| Choke JCP: car cest commen cours le quel est tout temps retinue; car il est diversitie ou le brief est port per le soveraigne d un corps, come un Abbe ou Prior, & quant per tout le corps come per Major & comonaltie, Dean & Chapter, &c. |
Littleton JCP: if his (the current mayor's) predecessor assigned auditors, etc., yet the general writ and count were good, 'that Mayor and Commonalty assigned' etc., as if a mayor and commonalty were disseised, and this mayor died, another was chosen, he and the commonalty would have an Assize, and the writ will be 'adssemvis' (?), etc. (faint type)
Sjt Pygot: in your case it is for a wrong (tort) done to them, and that they were put out of possession, but when an act is assigned to be done by the mayor and commonalty, it ought to be shown in whose time it was done, and because the count here is 'by the aforesaid mayor', etc., this will be understood the mayor (matt-) who now is, so the traverse is good, and Sir, this was adjudged here where a confirmation was made to a mayor and commonalty, and this was pleaded, and because he did not plead that he was mayor at the time of confirmation, etc. the plea was a nullity (pur nul)
Bryan CJCP: it would be a good plea to say that there was no mayor on the day the writ was puchased, etc. or to say that one such was mayor who was outlawed, etc, and for the same reason when it said 'aforesaid mayor' etc. and did not say 'by one such, late (nuper) mayor', it will be understood (entende) that the assignment was by the current mayor (que ore est), so the traverse (is) good
Choke JCP denied the case of outlawry, because this suit was to another use, etc. and said that if the assignment of auditors was by his (plaintiff mayor's) predecesor, yet the count is good generally, that is, to say 'by the mayor and commonalty', because this is the common course which is always retained (retinue), and even though pending this writ the mayor die and another chosen, the writ is good, because there is a distinction (diversite) where the writ is brought by the sovereign of a body, as an abbot or prior, and when by all the body as by a mayor and commonalty, dean and chapter, etc.
Littleton JCP: the opinion of his companions (Justices of CP) and also of the Justices of King's Bench was that assignment of auditors made by a commonalty is good without a deed, etc., and so it is of the Justices by their command, and also by command of a covent in time of vacancy (of an abbot or prior) to cut their trees (sciere lour arbres) and other necessities (necessaries) to them,
where there is no need (ne besoigne) to have a deed witnessing (testif.) the command of a commonalty, abbot and covent, etc., and where not
see 18 Edw. 4, fol. 8; 7 Edw. 4, fol. 14; 26 Hen. 8, fol. 10; 7 Hen. 7, fol. 17 & fol. 9; 4 Hen. 7, fol. 13 |
|
|
Fitzherbert Dett 95, fol. 235v, dated this Trin. 12 Edw. 4, fol. 9; Fitzherbert Feffements 28, fol. 333v, dated this Trin. 12 Edw. 4, fol. 10 |
|
Arrears
Account
Mayor (Major)
Commonalty (cominaltie, Communitas)
Commonality
Mayor And Commonalty
Executor
Count
Auditor
Assignment
Day
Purchase Of Writ
Matter
Plea
No Plea
Predecessor
General Writ
General Count
Good Writ
Good Count
Disseisin
Death (devie)
Choice (eslieu)
Assize
Case
Wrong (tort)
Putting (mises)
Out Of Possession
Act
Allegation
Showing
Time
Whose Time
Understanding (entende)
Traverse
Good Traverse
Adjudging
Confirmation
Pleading
Nullity
Annulment
Good Plea
Outlaw
Outlawry
Reason
Same Reason
Late (nuper)
Former
Denial
Suit
Usage (use)
Use (use)
Common Course
Course
Always
Retaining (retinue)
(Continuation)
Pending The Writ
Distinction
Sovereign
Body
(Body Corporate)
Abbot
Prior
Dean
Chapter
Dean And Chapter
Opinion
Companion
Fellow
Justice
Good Assignment
Deed
Without Deed
Command
Covent
Vacancy
Tempore Vacacion
Cutting (sciere)
Tree (arbres)
Necessity (necessaries)
Necessary
Need (besoigne)
Witness (testif.)
Abbot And Covent
Convent
Sight (Vide)
Folio |
|
