| 1472.037 |
1472 |
Common Pleas |
Entry sur disseisin (for rent) |
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| Pasch. |
12 |
Edw. 4 |
29 |
10b-11a |
Pygot, Richard Sjt Pigot (for P)
all the Justices
Littleton, Thomas JCP
all the Justices omnium Justic- |
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Fitzherbert Mayntenaunce de briefe 37, Assise 32, Releas 16
Brooke Brief 373 (not 377), Parnor 27 & 31, Apporcionement 19, Incidents 25, Releases 55, Enter en le per 35 (not in margin) |
3 Edw. 3, in Assize, 1329.177ass = 3 Edw. 3, Lib. Ass. pl. 18, fol. 6
Littleton, Tenures 640
29 Edw. 3, Lib. Ass. pl. 52
21 Hen. 6, fol. 64, 65
3 Edw. 3, Lib. Ass. pl. 18
4 Edw. 3, Lib. Ass. pl. 5
18 Edw. 4, fol. 23
Perkins, Profitable Boke 122, 123
21 Edw. 4, fol. 73, 74
5 Edw. 3, fol. 238
40 Edw. 3, fol. 22
44 Edw. 3, fol. 19, 20 (next plea?)
9 Edw. 3, fol. 441, 442 (next plea?)
Littleton, Tenures 138, 144 (next plea?) |
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| Entre sur disseisin de rent, le defendant plede en barre d' un rent charge &c. le plaintiff monstre |
20 |
Defendant pleaded in bar of a rent charge.
Plaintiff replied by showing that the land was held of plaintiff by fealty and a certain rent, and plantiff made title for rent service out of certain acres of land, and replied further that defendant, after the disseisin, enfeoffed persons unknown, that defendant took the profits on the day the writ was purchased (pernor of profits).
Defendant (tenant) rejoined that pending this writ plaintiff (demandant) had distrained in the land for the rent, and that plaintiff was still seised of this distraint.
Plaintiff rebutted that defendant had affirmed plaintiff's writ in defendant's initial plea, so defendant could not rejoin this.
It was said by all the Justices that defendant's rejoinder was good because plaintiff could have had both rent charge and rent service out of the land, and defendant would be well received to plead in abatement of the writ as to the other rent.
Defendant waived the rejoinder, and as to everything (plaintiff had replied) defendant traversed, where plaintiff had supposed that defendant had taken the profits, that defendnt had not taken the profits.
Littleton JCP said that plaintiff ought to show how much the land is worth and apportion the rent according to the value. |
all the Court: it could be that plaintiff (demandant) had two rents out of the land, that is, rent charge and rent service, and when the plaintiff (demandant) had made title to the other rent than this of which the defendant (tenant) pleaded in bar, the defendant (tenant) would be well received to the plea in abatement of the writ, as in Trespass (if) the defendant justified in a place, (and) the plaintiff (in reply) showed that the trespass was made in another place, etc., the defendant will plead (dirra) that the plaintiff had nothing in this land except in common with such a one, etc. and then because by this plea the tenancy will be admitted (conu) he (defendant) waives the plea, and as to all traverses etc. where it is supposed that he ought to take the profits, he said that he did not take the profits, ready, etc.
Littleton JCP: he ought to plead to part of the rent, because this rent is rent service, so he ought to show how much the land is worth (vaut), and according to this apportion the rent according to the value, or otherwise if the plea as to the rest (residue) be found for the plaintiff (demandant) it is uncertain (n' est certein) how much the demandant (plaintiff) qill recover, etc. and he ought to recover according to the value of the portion, etc.
see such matter 3 Edw. 3, in Assize, etc. (1329.177ass = 3 Edw. 3, Lib. Ass. pl. 18, fol. 6)
query if he will show the value, and the least (meins) that it is, and whether there will be a traverse so that the issue can be on the quantity of the value, etc. or not, etc. and in this plea a release was shown of all the right in the land, saving to him the said rent
and the opinion of all the Justices was that this rent will be said in the same manner as it was before the release, that is, rent service, etc. he will have fealty, etc. |
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Fitzherbert Mayntenaunce de briefe 37, fol. 68v, dated this Pasch. 12 Edw. 4, fol. 11; Fitzherbert Assise 32, fol. 47r, and Reless 16, fol. 151r, dated this Trin. 12 Edw. 4, fol. 11 |
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Disseisin
Rent
Pleading
Bar
Pleading In Bar
Rent Charge
Showing
Tenancy
Fealty
Certainty
Title
Making Title
Rent Service
Acre
Feoffment
Person
Persons Unknown
Ignorance (disconus)
Taking
Profits
Pernor Of Profits
Day
Purchase Of Writ
Pending
Pending The Writ
Distraint
Seisin
Seisin Of Distraint
Judgment
Plea
Commencement
Beginning
Outset
Affirmation
Affirming The Writ
Tamen
Good Plea
Receipt
Abatement
Trespass
Justification
Place (lieu)
Nothing
Common
In Common
(Tenancy In Common)
Acknowledgement (conu)
Waiver
Traverse
Supposition
Parcel
How Much
Avail (vaut)
Value
Apportionment
Otherwise
Residue
Finding
Uncertainty
Recovery
Portion
Sight (vide)
matter
Assize
Query
Least (meins)
Less
Issue
Quantity
Quantity Of Value
Right
Saving
Opinion
Manner |
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