| 1482.067 |
1482 |
Common Pleas |
(Annuity) |
|
| Hil. (2nd) |
21 |
Edw. 4 |
[38] (not 83) |
83b-84b |
Pygot, Richard Sjt Pigot
Townshend, Roger Sjt Tonnesh
the Court
Townshend, Roger Sjt Tonnesh
Choke, Richard JCP
Vavasour, John Sjt Vavis.
Pygot, Richard Sjt Pigot
Vavasour, John Sjt Vavis. (mentioned)
Bridges, Thomas Sjt Brigges
Sulyard, John Sjt Suliard
Bryan, Thomas CJCP Brian
Choke, Richard JCP
Catesby, John JCP
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Huntingdon |
Prior of |
|
|
| Brooke Annuitie 39 (not 36), Arrerages 18, Grauntes 109 (not fol. 93) |
Prior proceedings 1482.028 = Hil. Edw. 4, pl. 28, fol. 20a-20b and 1482.033 = Hil. 21 Edw. 4, pl. 4, fol. 74a
perhaps 1410.067 = Trin. 11 Hen. 4, pl. 2, fol. 68b-70a, 11 Hen. 4, annuity was granted by fine
1367.064 = Mich. 41 Edw. 3, pl. 24, fol. 27b, Mich. 41 Edw. 3, fol. 27 the assignee of an Annuity brought a writ of Annuity, and the writ was held good by the Justices
Littleton, Tenures 31
Perkins, Profitable Boke 19
11 Hen. 4, fol. 67, 68
8 Hen. 4, fol. 17
Perkins, Profitable Boke 22 (twice)
Littleton, Tenures 33
32 Hen. 6, fol. 14
42 Edw. 3, fol. 3, 4
1 Edw. 4, fol. 4
2 Hen. 4, fol. 19
22 Edw. 4, fol. 6
19 Hen. 6, fol. 41
8 Edw. 4, fol. 17
41 Edw. 3, fol. 27
22 Edw. 4, fol. 6
5 Edw. 4, fol. 41 |
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| En Scire facias d' aver execution d' un annuity recovere per le predecessor le Prior de Huntingdon, envers le |
75 |
Plaintiff prior sued Scire facias to have execution of an annuity recovered by plaintiff prior's predecessor against defendant (parson's) predecessor.
Defendant (parson) said that after the recovery another predecessor prior by a deed recited how the predecessor prior, having the annuity, granted the annuity to another prior, and named the other prior's name, for a term of 100 years, the term commencing (on a certain date), which term yet endured.
Plaintiff prior argued that the predecessor prior could not have granted the annuiity.
Sjt Townshend and Sjt Vavasour argued that the annuity could be granted.
Sjt Bridges argued that the annuity could not be granted.
Bryan CJCP said that the annuity could not be granted.
Choke JCP and Catesby JCP said that the annuity could be granted. |
(for D): un tiel predecessor le dit Prior per un fait recite coment il avait le dit annuity, grant le dit annuity a un auter Prior & nosme son nosme, pur terme de C. ans, le terme commence, &c. le quel terme dure uncore
Sjt Pygot (for P): Cest annuity est un chose personal, de quel le party serra touts dits charge & nul terre; per que l' Annuity est extinct, pur ceo que il est personal, & ore nous sumus de suer execution per Scire facias de cest Annuity recover devant, quel brief est done a nous que sumus privy & nul auter accion, quel action nous ne poiomus vende ne done a ascun auter, & l' Annuity nous ne poiomus aver, sinon per accion, per que le plee n'est bon
Sjt Townshend (Tonnesh): S' ils soient certein come tants de paines (= loaves of bread) & servois (= ale, beer), il puit cest grant
Sjt Vavasour: Corody ne puit estre grant, car peraventure le grant- (grantee?) voile avera pluis de sustenance ou de necessaries que le grant- (grantor?); Mes si le recocrde fuit certein come d' aver x. gallons de servois x. paines chescun semain, ceo puit grant oustre asses bien
Sjt Bridges: Cest annnuity est personal, que gist touts dits en accion, quel accion ne puit estre grant, come d' un obligation, l' accion de ceo ne puit estre grant ouster, ne l' accion sur le simple contract, nient plus cest annuity; Et home avera enherite quel il ne puit grante come garranty grant per le Roy a un home, &c.
Sjt Sulyard prist meme le ground
Bryan CJCP: Cest annuity ne puit estre grant, car ceo n' est que chose personel, & il meme fuit le person, & releas de tout accions personels serra bon barre, & ou l' annuity est grant en fee, si rien soit discende l heir le grantor, l' issue ne serra charge, nient pluis que serra per obligation fait per son pere, & ou est dit que il est enherite, & disseisie, l' heir avera accion de cest, jeo grant bien, mes quel accion est ceo?, certes nul accion mes brief d' Annuity que n'est que personel, car accion ancestral jammes il n' averaa, ou si le pier fuit disseisi de cest, il n' avera brief d' Entre sur disseisin, ne auter accion real, pur que il est en nature de accion personel, & n' est semble a les cases de rent secke, car de cest home avera accion real, come brief d' Entre, &c.; Et il grant per ley les cases de Corody & estovers, si soient d' estre prises en un lieu certein; sir home avera fee simple, & uncore il ne poit granter cest, come si jeo grant a un & ses heirs d' estre mon Kerver (= carver, one who carves meat at table OED), il est office de trust, que il ne grantera ouster, pur que, &c.
Choke JCP: Auxibien ont meason de religion en surcesse, enheritance come auter homes, donques cest appiert que il puit estre grant, & n' est semblable a les cases mises de Corody non certeinn, car icy per le granter ouster, lessers (?) est discharge
Catesby JCP: Et Sir cest annuity ore en demand n' est si personal come ou un annuity est grant per un, pur luy & ses heirs al grantee & ses heirs, car le person est charge per le fait, & icy le person est charge come Parson del esglise, car s' il resigne, son person est discharge, & le novel parson serra charge, & auxi le defendant avera eide del Patron & del Ordinary, & ceo n' est pur l' enterest que est en corps, mes pur l' enterest que est en esglise, pur que moy semble que il puit grant assets bien |
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Augustinian Priory of St. Mary outside Huntingdon. |
mention of nonassignability of choses in action and contracts; grant of an annuity for a term of 100 years
Sjt Pygot (for P): this annuity is a personal thing (chose personal), for which the party (himself) will always be charged and not the land, because if I grant on behalf of (pur) me and my heirs to you and your heirs 10 shillings and (then) I die, and nothing descends from me to my heir, so the annuity is extinct, because it (the grant) is personal, and now we are to sue execution by Scire facias for this annuity recovered previously, which writ is given to we who are privy and no other action, which action we cannot sell nor give to anyone else
Sjt Townshend (to the contrary): a prior could have inheritance in an annuity, as well as anyone else can have, 'to him and to his heirs'; and there is a distinction where the annuity is granted for a term of life, and where in fee, because where it is for a term of life, and has no words that include assignment, this always lies in action, and this cannot be granted to another, but here the prior has an estate to him and to his successors which this word 'assignment', as well as this word 'his heirs', so an annuity can well be granted, 11 Hen. 4 an annuity was granted by fine, as one who has a corrody can grant this,
which was denied by the court
Sjt Townshend: if they be certain as so much bread (paines) and ale (servois), he can grant this (corrody), so this (which) annuity is certain (can be granted), etc.
Choke JCP: the grant is good if he (plaintiff prior) had inheritance in the annuity, as well as if he had a rent seck, and rent seck can be granted; and if I enfeoff by a deed indented rendering to me and to my heirs 20 shilllings (= 1 pound) of annual rent, I can grant this rent, and in a manner there is no distinction between this rent and an annuity, but where an annuity is granted, there is no need for attornment, but on a grant of rent seck there ought to be attornment, because if the tenant does not want to pay rent seck, the party has no remedy except the Assize on the denial (sur le denier), no more than on the other, except this action, etc.
Sjt Vavasour: a corrody cannot be granted, because perhaps the grantee (over) would have more of sustenance or of necessities (necessaries) than the (original) grantee (his grantor); but if the record was certain such as to have 10 gallons of ale (servois) (and) 10 loaves of bread (paines) every week, this can be granted over well enough, because the first grantor will not be charged with more than there was (granted) before (principle that nemo dat quod non habet), so this annuity could be granted, because it is an inheritance and the heir will have an Assize for this, and not a certain sum of money (argent), and if it be granted over, the first grantor will not be charged for more than there was (granted) before, so etc.
Sjt Pygot (for P): this annuity lies always in action, and ought to be founded always on the deed that has been made, and if it be by prescription accordingly, and those who are privy to the deed or prescription will have the action, which cannot be granted over; as if I and my ancestor have homage ancestral against you and your ancestor, if I enfeoff another of this land, the feoffee will not have the warranty, etc. and so here, the grantee is a stranger to the deed or prescription, so he cannot have an action that belongs to such a grant, and he (Sjt Pygot) affirmed the distinction (diversity) about the corrody taken by Sjt Vavasour, and also of estovers taken in a certain place, the party will have an Assize for this, because the soil is charged with this, etc.
Sjt Bridges: this annuity is personal, which lies always in action, which action cannot be granted (no assignment of choses in action), as of an obligation (no assignment of obligations), the action for this cannot be granted over (assigned), nor the action on the simple contract, no more (can) this annuity (be granted or assigned); and Sir, the writ of Annuity is 'Command B. to render 20 pounds of arrears of such annuity which he owes' (Praecipe quod reddat B. xx. li. de arrer- cujusd- annui redditus quos ei debet, &c.'; and one will have an inheritance which he cannot grant such as a warranty granted by the king to one, etc.
Sjt Sulyard (in agreement) took the same ground (reasoning), and said: the heir will have the annuity, because he is privy to the grant; if there be lord, mesne, and tenant, so that there is no equality (owelty) of service among them, there is no cause of acquittance (ca-e d' acquital), if the mesne (lord) grant by another deed, that he and his heirs ought to acquit the tenant and his heirs, if the tenant alienates the land, the feoffee will not have the advantage of this deed, because he is a stranger to the deed, so here the grantee of the annuity is a stranger to the first grant, and so he (grantee) cannot have the action, so etc.
Bryan CJCP: this annuity cannot be granted, because it is only a personal thing (chose personel), and (if) he himself (grantor) is the person, and releases all personal actions, this will be a good bar, and where the annuity is granted in fee, if nothing be descended to the grantor's heir, the issue will not be charged, no more than they (the issue) would be (charged) by an obligation made by their father, and where it is said that (where) there is an inheritance, and a disseisin, the heir will have an action for this, I grant (this) well, but what action is this?, certainly no action other than a writ of Annuity, which is only personal, because he will never have an ancestral action, or if the father was disseised for this, he will not have a writ of Entry sur disseisin, nor will he have another real action, so it is in the nature of a personal action, and is not like the cases of rent seck, because for this one will have a real action, as a writ of Entry, etc.; and he (Bryan CJCP) granted as law the cases of corrody and estovers, if they be to be taken in a certain place, and this can be granted, but if it be uncertain (what place they will be taken), it is in the nature of an annuity; and to what is said, that he (predecessor prior) had an inheritance in the annuity, and so he could grant this, Sir one will have a fee simple, and yet he cannot grant this (restraint on alienation), as if I grant to one and to his heirs to be my carver (Kerver), it is an office of trust, which he cannot grant over, so etc.
Choke JCP: houses of religion (priories, abbeys) have succession as others have inheritance, so what belongs to them can be granted, and it is not like the cases put of uncertain corrody, because here by the grant over, the successor (?) is discharged; and as to what is said that the grantee will not have the action, I grant that he will not have this Scire facias, because he is a stranger to the recovery, but he (grantee of annuity) will have an action on the title the prescription continues in the grantor, because he is privy to the action of Annuity, etc.
Catesby JCP (in agreement): to what is said, that the writ is in the nature of Debt, because the writ is in the 'debet', they are not similar, because in an Annuity one will never have his (wager of) law, but in Debt (it is) otherwise, and the executors will have the action of Debt on an obligation, and not the heir, because such an action of Debt cannot descend, but the (action of) Annuity can descend, and the heir will have the writ of Annuity, which proves that it is not personal, nor similar to an action of Debt; and if common be granted to me and to my heirs for my animals without number, by this word 'heir' is implied assignees, and there the grantee over will have such common, and notwithstanding that the grantee does not have a remedy by action, yet this does not prove that the grant is bad, as if I grant my tenant's rent, reserving to myself the other services, (and) the tenant attorns, now this rent passes, and yet before the (grantee's) possessin if the grant be denied, he will have no remedy, and yet the grant is good; it is the same law, where there was a rent seck previously, so here, this annuity is real, and even though he will (not?) have an action, yet the grant is good; and Sir, it seems to me that he (the grantee) will have a writ of Annuity; and it is agreed by everyone that a corrody with certainty, etc. can be granted; and Sir, this annuity now in demand is not so personal as where an annuity is granted by one for him and his heirs to the grantee and his heirs, because the parson (person?) is charged by the deed, and here the parson is charged as parson of the church, because if he resigns, his person is discharged, and the new parson will be charged, and also the defendant (parson) will have aid of the patron and of the ordinary, and this is not for the interest that is in (his) body, but for the interest that is in (his) church, so it seems to me that he can grant well enough
Mich. 42 Edw. 3, fol. 27, the assignee of an annuity brought a writ of Annuity, and the writ was held good by the Justices, so etc. (1367.064 = Mich. 41 Edw. 3, pl. 24, fol. 27b) |
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1482.067 = Hil. 21 Edw. 4, pl. [38], fol. 83b-84b
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Scire Facias
Execution
Annuity
Recovery
Predecessor
Prior
Deed
Recital
Grant
Grant Of Annuity
Naming
Name
Term
Year
100 Years
Hundred Year Term
Commencement
Duration
Enduring
Personal
Personal Thing
Chose Personal
Party
Always
Charge
Heir
To Him And To His Heirs
Death (devie)
Descent
Nothing Descended
Extinguishment
Extinction
Suit
Privity
Action
Sale
Sale Of Action
Gift
Gift Of Action
By Action
Plea
Bad Plea
Good Plea
Contrary
Inheritance
Distinction (diversity)
Term Of Life
Fee
In Fee
Word (parol)
Inclusion
Assignment
Laying
Lying In Action
Estate
Successor
To Him And To His Successors
Including
Fine
By Fine
Corrody
Denial (negatum)
Certainty
So Many (tants)
Bread
Loaf Of Bread
Ale
Beer
Good Grant
Rent Seck
Feoffment
Indenture
Deed Indented
Render
Annual
Annual Rent
Manner
In A Manner
Need (besoigne)
Attornment
Payment
Party
Remedy
No Remedy
Assize
Money (denier)
Perhaps (peraventure)
Grantee
Grantee Over
Sustenance
Necessity
Necessary
Necessaries
Grantor
Record
Gallon
Week
Grant Over
First Grantor
Charge
Sum
Money (argent)
(Nemo Dat Quod Non Habet)
Foundation
Foundation Of Action
Prescription
Accordingly
Ancestor
Homage
Homage Ancestral
Feoffee
Warranty
Stranger
Stranger To The Deed
Stranger To The Prescription
Belonging (appertient)
Pertaining
Affirmation
Taking (pris)
Estover
Estovers
Place (lieu)
Soil
Personal Annuity
Obligation
Contract
Simple Contract
Unconditional (simple)
Writ Of Annuity
Praecipe Quod Reddat
Arrears
Owing (debet)
Warranty Granted By The King
King
Warrant
Ground
Privity To Grant
Lord
Mesne
Mesne Lord
Tenant
Equality (owelty)
Services
Equality Of Services
Cause
Acquittance (acquital)
Alienation
Advantage
Stranger To The Deed
Person
Release
Personal Action (category)
Bar
Good Bar
Grant In Fee
Issue
Father
Ancestral Action
Disseisin
Entry Sur Disseisin
Writ Of Entry
Writ Of Entry Sur Disseisin
Real Action (category)
Nature
Nature Of Action
Nature Of Personal Action
Dissimilarity
Similarity
Case
By Law
Certain Place
Uncertainty
Nature Of Annuity
Fee Simple
(Restraint On Alienation)
Carver (kerver)
Office
Office Of Trust
Trust
House
Religion
House Of Religion
Succession
Putting (mises)
Discharge
(Lease?)
Stranger To The Recovery
Title
Continuation
Privity To Action
Nature Of Debt
Debet
In The Debet
Having His Law
Wager Of Law
Otherwise
Executor
Action Of Debt
Debt On An Obligation
Proof
Common
Number
Without Number
Implication
Implying
Assignee
Notwithstanding
No Remedy
Remedy By Action
Grant Of Rent
Reserving
Passing
Possession
Before The Possession
Denial
Same Law
Real Annuity
Seeming
Agreement
In Certainty
Demand
In Demand
As Personal As
Charge Of Person
Parson
Church
Parson Of Church
Resignation
Discharge Of Person
New Parson
Aid
Having Aid
Patron
Ordinary
Interest
Interest In Body
Body (corps)
Interest In Church
Sufficiency (assets)
Well Enough
Folio
Holding (tenus) |
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