| 1482.074 |
1482 |
Common Pleas |
Covenant to have execution of a rent |
|
Townshend, Roger Sjt Townes.
Bryan, Thomas CJCP Brian
Calow, William Sjt Collow
Vavasour, John Sjt Vavis.
the Court |
Bingham (Binham?) |
Prior of |
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Fitzherbert Covenaunt 12, Scire facias 52
Brooke Execution 106 |
Later proceeding 1482.106 = Pasch. 22 Edw. 4, pl. 38, fol. 14a-14b
Related proceedings 1478.095 = Mich. 18 Edw. 4, pl. 24, fol. 18a and 1479.002 = Hil. 18 Edw. 4, pl. 2, fol. 22a-22b and 1479.036 = Mich. 19 Edw. 4, pl. 7, fol. 2b-3b and 1479.042 = Mich. 19 Edw. 4, pl. 13, fol. 4a-5a and 1480.008 = Hil. 19 Edw. 4, pl. 8, fol. 7b-9a and 1481.001 = Hil. 20 Edw. 4, pl. 1, fol. 16a-17a and 1481.016 = Pasch. 21 Edw. 4, pl. 8, fol. 4b-5a and 1481.100 = Mich. 21 Edw. 4, pl. 32, fol. 60a-63a and 1484.010 = Mich. 2 Ric. 3, pl. 10, fol. 5a-7a and 1484.047 = Mich. 2 Ric. 3, pl. 47, fol. 18b-20a
Mich. 21 Edw. 4, pl. 32 (not 36), fol. 60
21 Edw. 4, fol. 29 (should be next plea?)
2 Hen. 6, fol. 9 |
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| Le Prior de Bingham port un briefe de Covenant pur aver execucion d' un rent grant a son |
13 |
Plaintiff prior brought a writ of Covenant to have execution of a rent granted to plaintiff prior's predecessor by fine against defendant prior.
Defendant prior told plaintiff prior that plaintiff prior could have a Scire facias out of the record, so it was reasonable that plaintiff prior would be ousted from this (writ).
Bryan CJCP told defendant prior that defendant prior had argued (in related proceedings) that plaintiff prior could not have a Scire facias, and that defendant prior could not have it both ways.
Sjt Calow and Sjt Vavasour said that plaintiff prior could have a writ of Covenant on a Writ of Covenant.
This was the opinion of the Court. |
Sjt Townshend (for D): le fine est un final concord, & est leve sur un brief de Covenant
Sjt Calow: Il n' est encovenient pur aver brief de Covenant sur briefe de covenant; jeo poie aver briefe de det de mesme le condemnacion
Sjt Vavasour: Home poit aver brief de Covenant en Londres per bille, & poit aver briefe de Covenant sans especialty, & cest per le custome; chescun fine est Covenant en luy mesme |
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Augustinian Priory of St. Mary Virgin at Merton, Surrey. Probably Benedictine Priory of St. Mary Virgin at Binham, Norfolk; perhaps chantry at Bingham, Nottinghamshire. |
Sjt Townshend (for D): you can have a Scire facias out of the record, so it is reasonable (il est reason) that you are ousted from this (writ of Covenant) and the fine is a final concord, and is levied on a writ of Covenant; and if you ought to have this writ of Covenant, then you ought to have a writ of Covenant on a writ of Covenant, which cannot be
Bryan CJCP: the last time you argued that he ought not have Scire facias, because he cannot have a writ of Covenant, and now 'vice versa' (e contra) nd os it seems that you do not want him to have the one (Scire facias) nor the other (Covenant), so, etc.
Sjt Calow: It is not inconvenient (litotes) to have a writ of Covenant on a writ of Covenant, because if I recover in an action of Debt against you I can have a Scire facias if I want, to have execution, etc. or if I want I can have a writ of Debt on the same condemnation, and so one writ of Debt on another (writ of Debt), and for the same reason it seems to me (that one can have) one writ of Covenant on another (writ of Covenant)
Sjt Vavasour: one can have a writ of Covenant in London by bill, and can have a writ of Covenant without a specialty (in London), and this by the custom (of London), so it seems to me that when this fine is a matter of record, and every fine is a covenant in itself, that he (plaintiff prior) will well have the writ,
and this was the opinion of the Court,
which note |
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1482.074 = Pasch. 22 Edw. 4, pl. 6, fol. 1b-2a
Fitzherbert Scire facias 52, fol. 119v, dated this Trin. 22 Edw. 4 (no folio), and dated the fine 3 Hen. 3 |
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Prior
Execution
Rent
Grant
Predecessor
Fine
By Fine
Execution Of Rent
Scire Facias
Record
Out Of The Record
Reasonableness
Reason
Ouster
Concord
Final Concord
Levying
Levying Fine
Writ Of Covenant On A Writ Of Covenant
Term
Last Term
Argument
Vice Versa (e contra)
E Contra
Seeming
Inconvenience
Convenience
Recovery
Debt
Action
Action Of Debt
Condemnation
Debt On A Condemnation
Writ Of Debt
Writ Of Debt On A Writ Of Debt
Same Reason
Bill
By Bill
Covenant By Bill
Specialty (especialty)
Without Specialty
Custom
Local Custom
London Custom
Of Record
Matter Of Record
Good Writ
Opinion
Note
Folio |
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