| 1481.097 |
1481 |
Common Pleas |
Entry on the statute (of Forcible entry) |
Office de la Court |
| Mich. (2nd) |
21 |
Edw. 4 |
29 |
59b |
the Justices
counsel (for P)
the Justices
the Court
Choke, Richard JCP
Bryan, Thomas CJCP Brian
the Prothonotaries Preignotaries
Bryan, Thomas CJCP Brian
(Starkey, Humfrey Sjt
all the Court
Copley, William, Prothonotary of CP Copley preignot- |
Conias |
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Fitzherbert Challenge 62 (not in margin)
Brooke Challenge 182 |
14 Hen. 7, fol. 5 |
5 Ric. 2 (1381), stat. 1, ch. 7 (le stat' de Ric') |
| En briefe d' Entre sur le statut de Richard port per Conias vers Sir Rob. Chamberleine Chivaler, & fueront a issue, |
23 |
The parties were at issue.
The Habeas corpora delivered the record to the sheriff.
This sheriff delivered the record to the new sheriff, because the old sheriff's office was terminated before the day of return.
At the day of return, the jury (enquest) appeared in Westminster Hall.
The writ (Habeas corpora) was not returned.
The sheriff was demanded.
The sheriff did not appear.
The Justices said to plaintiff's counsel that if two or more of the jurors wanted to come to the bar and to show to the Court how they were garnished, they (jurors?) would have a remedy.
The Court did not show what remedy.
Then the sheriff's deputy was demanded.
The sheriff's deputy was examined as to where the writ was.
The sheriff's deputy said that the sheriff's deputy delivered this writ the other day to his master (the sheriff) in Westminster Hall.
The Justices commanded the sheriff's deputy that the writ (of Habeas corpora) would be put in (Court) on the next day (the morrow) on penalty (paine) of 40 pounds.
At which day the writ was put in.
The jurors were demanded.
Twelve jurors appeared
Defendant challenged the array (of jurors).
Then both (parties) challenged all below (paravaile) (?).
So the Court assigned six jurors by assent of the parties to try the array, who were sworn in pairs (s deux ensemble) (?).
Then the party (defendant?) released his challenge (to the array?).
It was said that if the Court discharged the triors without taking their verdict it would be error.
The verdict of the six triors was received.
The triors affirmed the array.
It was agreed that the jury would remain for lack (default) of jurors sufficient within the hundred.
Choke JCP said that what the Court had done would be error, because the trial of the array was by six triors, and notwithstanding this there were some jurors not sufficient within the hundred, so it could be that four of the triors had sufficient within the hundred, so to make the jury (enquest) remaind for lack (default) of hundred (?) seemed error.
Bryan CJCP told Choke JCP (?) that Choke JCP never saw the trial of an array by more than two triors unless it was by agreement of the parties, and it would not appear in the record who were sworn, and who not.
The Prothonotaries were asked what their course was in the same case.
The Prothonotaries said that in such a case where the array was challenged, if the array were quashed, then this (quashing) would be enterd, and if the array were affirmed, then this was not entered, (and) in none of the cases were the names of the triors (a matter) of record, that is, by whom (the array) was affirmed or quashed, and where the jury remained for lack (default) of hundred (?) the entry was 'at which day the jurors were demanded, some appeared and some did not, and those jurors who appeared were not sufficient within the hundred', and none of the jurors' names were expressed.
Bryan CJCP said that the manner in which this was done was good enough, because when the jury remained for such cause, it was proved that theh array was affirmed. |
it was said that if they (the Court) discharged the triors without taking their verdict it would be errror
query
so the verdict was received and they (triors) affirmed the array
and it |
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Fitzherbert Challenge 62, fol. 173v, dated this Trin. 22 Edw. 4 (no folio): Nota que un array fuit challenge par agreement des parties vi. fuerent trierz de trieront l array & affermont l array l' veritie fuit que ceus que appere n' aver riens deins le hundred forsque ceux vi. que fuerent triors, & ceo fuit conus d ambideux parties
Bryan CJCP: il nest unques vieu que les triors serra change devant que deux sont jures pur le principalle et issue ne serra ore discharge, & ne ascun e eux trier auterz, et puis lez parties agree que l enquest remain pur defaut des hundred; Sjt Starkey: aver les partiez challenge pur auter cause as prolles apres que l enquest remain pur defaut de hundred (?), tout le court disont que cy; & Copley preignotary dit si l array soit challenge et afferme nul entre est fait del challenge ne del afferme, mes en tiel forme jurat- exact- quidem vener- & quidem non & jurat- comparat- nihil habent- in hundred nec commorat- in eodem, et nul mencion fait de lour nosmes, & pur cest prove que l array est afferme, & auxi que challenge est mis a son pole mes lou l array est quasse la l' entrey est fait pur ceo que le brief serra directe as coroners quod ballivi ou subvicont non intermittat s il fuit challenge, pur ceo que il fuit favorablement fait per eux. car en le cas icy, s il serra conclude a dire que eux triors que appere ont deinz le hundred |
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Statute
Knight
Issue
At Issue
Habeas Corpora
Delivery
Record
Sheriff
New Sheriff
Office
Termination (determine)
Day
Return Of Writ
Return Day
Day Of Return
Jury (enquest)
Appearance
Hall
Demand
Nonappearance
Counsel
Showing
Garnishment
Remedy
Deputy
Deputy Sheriff
Sheriff's Deputy
Examination
Master
Command
Putting In (mis eins)
Morrow (lendemaine)
Penalty (paine)
Juror
Challenge Of Juror
Array
Paravail
Below (paravaile)
Assignment
Assent
Party
Assent Of Party
Trial
Swearing (jures)
Together (ensemble)
Release
Release Of Challenge
Discharge
Trior
Verdict
Taking Verdict
Without Taking Verdict
Error
Query
Receipt
Affirmance
Agreement
Remaining
Lack (default)
Default
Sufficiency
Hundred
Within The Hundred
Trial Of Array
Notwithstanding
Insufficiency
Seeming
Sight (veistes)
Trial Of Array
Agreement
Record
Prothonotary
Course
Case
Quashing
Quashing Of Array
Entry
Name
Of Record
Default Of Hundred
Demand (exacti)
Expression
Expressing
Ideo Praecept-
Precept
anner
Sufficiency (assetz)
Good Enough
Proof
(Coroner
Bailiff
Undersheriff) |
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