| 1482.115 |
1482 |
Common Pleas |
Prohibition (Slander) |
B., J., servant of abbot |
| Pasch. or Trin. |
22 |
Edw. 4 |
47 |
20a-20b |
Pygot, Richard Sjt Pigot (for D)
Pygot, Richard Sjt Pigot
Catesby, John JCP Catesby Justice
Bryan, Thomas CJCP Brian |
husband |
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| wife (Alice) |
B., J., servant of defendant Abbot |
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Fitzherbert Consultacion 2
Brooke Prohibition 14, Consultation 6 (not in margin) |
Later proceeding? 1482.126 = Mich. 22 Edw. 4 pl. 9, fol. 29a-29b (plus fol. 28)
cross-referenced in 1482.129 = Mich. 22 Edw. 4, pl. 12, fol. 33b-34a, per Sjt Sulyard
20 Edw. 4, fol. 10 (twice)
Novel Natura Brevium 42
18 Edw. 4, fol. 6
27 Hen. 8, fol. 14 |
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| Pigot vient al barre, & monstre coment Prohibition fuit mis encounter l' Abby de Saint Albans per un |
23 |
Plaintiffs husband and wife put (mis) Prohibition against defendant abbot.
Plaintiff husband showed before the Court that a servant of defendant abbot at the command of defendant abbot went to plaintiff wife and said that his master defendant abbot wanted plaintiff wife to speak with defendant abbot, that plaintiff wife went with defendant abbot's servant to defendant abbot, that the servant withdrew from them and permitted those two to be alone, that defendant abbot told plaintiff wife that her clothing (array) was coarse (gross) clothing, that plaintiff wife said that it was clothing (array) according to her ability and according to plaintiff husband's ability, that defendant abbot said back to plaintiff wife that if she would be ruled by defendant abbot, then plaintiff wife would have as good clothing (array) as any wife of this parish, that plaintiff wife said that defendant abbot would make her a bad woman (un male feme) against her will, that plaintiff wife would not allow (suffer) defendant abbot (to do this), that defendant abbot observed plaintiff wife in her place against her will and with the intent (of seducing her?), that for this imprisonment and this assault committed against plaintiff wife, plaintiff husband could have had a writ of False imprisonment, that defendant abbot had imprisoned plaintiff wife, and that because plaintiff husband spoke of these matters, and said that plaintiff husband wanted to sue for this, defendant abbot sued plaintiff husband in the Court Christian, and this was the same slander.
Defendant abbot appeared, and put in a libel in the Court that proved that defendant abbot had sued in the Court Christian for slander, so defendant abbot prayed a Consultation.
Catesby JCP said that defendant abbot would not avoid the matter plaintiff had shown to the Court.
Bryan CJCP said that this was sufficient matter for plaintiffs to have Prohibition. |
home & sa feme
Sjt Pygot Mitta eins un libel en le Court, que prove que l' Abby sue eux en la Court x-pien pur sclaunder, pur que il pria Consultation
Catesby JCP: il ne monstre tiel matter devant nous, le quel jeo croy que vous ne fues avoidera, quel prove que vous ne deves aver un Consultation, car est enforme a nous le matter en fait que un J.B. le servant de mesme l' Abby a le commandment de mesme l' Abby ala al feme de luy que suist Prohibition, & dit que son Maister voillet ove luy parler, & el vient ovesque luy a l' Abby, & le servant se retrete d' eux, & permit eux ii. tantsolement, & l' Abby dit que son array (= attire, outfit, dress, clothing) fuit gross (= coarse, inferior, common, or conspicuous) array, & el dit que fuit array solonque son ability, & solonque l' ability de son baron, & l' Abby dit a luy arere que si el voilet este rule per luy, que adonques el aver auxibien array come ascun feme de cel paroch, & el dit que l' Abby voilet faire luy un male feme encounter sa volunt, & el ne voilet luy suffer, & l' Abby luy observa en son lieu encounter son volunt & al entent, &c.; Et de cel imprisonment & cel assault fait a son feme le baron poit aver brief de faux imprisonment de cest, que il enprison sa feme, & pur ceo que le baron parla de ceux matters, & dit quel luy voile suera pur ceo, l' Abby luy sue en la Court x-pien, & cel est mesme le sclander
Bryan CJCP: Cest sufficient matter pur aver Prohibicion, car en Court x-pien a cel jour ils voillent mitter un libelle que serra en cel forme & scribe, 'excommunicatus est pro certis causis legitimis', & ne monstra queux, & pur ceo la party viendra per surmise, & dirra que il surmitte encounter luy en la Court x-pien quel est perjurat-, ou quel ad fist perjury, de cest quel jurra quel pay xx. li. a un certain jour, a quel jour il ne paier point, pur que le party ad mitter eins cel libelle, & sur cest matter monstre el doit aver Prohibition, car l' action de Det gist en comen ley; Et jeo scie que est adjudge en nostre livers (= our books, Year Books), si home soit jurra pur faire feoffment, ou si le feme soit jure que el ne sua Cui in vita apres la mort son baron, que en ceux cases ils averont Prohibicion a la Court x-pien; Et auxi en mesme le manner si un robbe moy, si jeo die cest en presens de gents, s' ils voilont suer moy en Court x-pien jeo avera Prohibicion, car jeo poy aver appelle de cest, &c. |
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Benedictine Abbey of St. Albans, Hertfordshire. |
defendant abbot's attempted seduction of plaintiff wife by an offer of fine clothing; plaintiff wife said that the abbot would make her a bad wife against her will; racy story
mentions church court jurisdiction for breach of faith (breach of contract)
Consultation was a writ removing a cause back to ecclesiastical court that formerly had been removed by Prohibition from the ecclesiastical court to the king's court, for the judges of the king's court, if upon comparing the libel with the suggestion of the party (plaintiff), they (Justices) find the suggestion false, or nor proved, and therefore (find) the cause to be wrongfully removed from the ecclesiastical court, the upon this Consultation, the Justices decree that the Cause is to be returned again to ecclesiastical court (F.O., The Law-French Dictionary)
Catesby JCP: he (plaintiff husband) showed (delete: ne) such matter before us, that I believe you would not avoid (Kiralfy: you (defendant abbot) do not show such matter before us as I believe he (plaintiff husband) cannot avoid, which proves that you (defendant abbot) ought not have a Consultation, because it is informed to us the matter in fact that one J.B., servant of (defendant) abbot at the command of (defendant) abbot went to plaintiff wife and said that his master (defendant abbot) wanted her to speak with him, that she (plaintiff wife) went with him (defendant abbot's servant J.B) to the (defendant) abbot, and the servant (J.B.) withdrew from them and permitted those two to be alone, and the (defendant) abbot said that her clothing (array) was coarse (gross) clothing (Kiralfy: that she was very poorly dressed), and she (plaintiff wife) said that it was clothing (array) according to her ability and according to her (plaintiff) husband's ability (Kiralfy: according to her means and her husband's), and the (defendant) abbot said back to her (plaintiff wife) that if she would be ruled by him (defendant abbot), that then she (plaintiff wife) would have as good clothing (array) as any woman (feme) of this parish, and she (plaintiff wife) said that the (defendant) abbot (Kiralfy: she told him that he) wanted to make her a bad woman (un male feme) against her will, and she (plaintiff wife) would not allow (suffer) him (defendant abbot), and the (defendant) abbot observed her (plaintiff wife) in her 'place' (lieu, euphemism?) (Kiralfy: the abbot looked at her body) against her will and with the intent (of seducing her?), etc.; and for this imprisonment and this assault committed against his (plaintiff) wife, the (plaintiff) husband could have a writ of False imprisonment for this, that he (defendant abbot) imprisoned his (plaintiff) wife, and because the (plaintiff) husband spoke of these matters (Kiralfy: told people what had happened), and said that he wanted to sue for this, the (defendant) abbot sued him (plaintiff husband) in the Court Christian, and this was the same slander (complained of)
Bryan CJCP: this is sufficient matter (for plaintiff) to have Prohibition, because in Court Christian at this day (Kiralfy: these days) they would put (Kiralfy: draw up) a libel that will be in this form and written: 'he is excommunicated for certain legitimate causes (Kiralfy: lawful reasons)', and will not show which (causes), and so the party (ecclesiastical court plaintiff) will appear by surmise, and will plead what he surmised against him in Court Christian that he (ecclesiastical court defendant) is perjured or that he had committed perjury (in) that he was sworn (jurra) that he pay 20 pounds at a certain day, at which day he did not pay (breach of faith), so the party had put in this libel, and on this matter shown he (el, ecclesiastical court defendant) ought to have a Prohibition, because the action of Debt lies in common law; and I know that it is adjudged in our books (nostre livers, Year Books) (that) if one be sworn to make feoffment, or if the wife be sworn that she will not sue Cui in vita after her husband's death, in those cases they will have Prohibition to Court Christian; and also in the same manner if one robs me, if I say this in the presence of folk, if they (my robber?) wants to sue me in Court Christian (for slander?) I will have Prohibition, because I could have an Appeal for this (robbery), etc. |
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1482.115 = Pasch. 22 Edw. 4, pl. 47, fol. 20a-20b
Fitzherbert Consultacion 2, fol. 193v, dated this Mich. 22 Edw. 4 (no folio): note by Catesby JCP that one will not have Consultation in many cases where he does not have a remedy by the common law, without doubt (sauns dout), as in Covenant without deed or where executors are sued on a simple contract made by their testator, and so in many other cases, and see the book (librum) for the principle (principal) because this is well disputed (debate) and many good matters are put (myser) in this, etc. |
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| A.K.R. Kiralfy, A Source Book of English Law (Sweet & Maxwell 1957), pp. 437-438 (not pl. 74) |
Appearance
Showing
Prohibition
Putting (mis)
Abbot
Wife
Putting In (Mitta eins)
Libel
Proof
Suit
Court Christian (xpien)
Ecclesiastical Court
Church Court
Slander (sclaunder)
Consultation
Matter
Belief (croy)
Avoidance
Information
In Fact
Matter In Fact
Servant
Command
Master
Speaking (parler)
Withdrawal (retrete)
Permission
Alone (tantsolement)
Array
Clothing
Coarse (grosse)
Coarse Clothing
Accordingly (solonque)
Ability
Husband
Rule
Good Array
Good Clothing
Woman (feme)
Parish
Bad Woman (male feme)
Against His Will
Against Her Will
Will (volunt)
Sufferance
Permission
Allowance
Observation
Place
Body (lieu)
Intent
(Seduction)
(Sex)
Imprisonment
Assault
Falsehood
False Imprisonment
Writ Of False Imprisonment
Sufficiency
Sufficient Matter
Day
Form
Scribe
Writing
Excommunication
Certainty
Cause
Excommunicatus Est Pro Certis Causis Legitimis
Legitimacy
Party
Surmise
Perjury
Forsworn
Swearing (jurra)
Payment
Debt
Action Of Debt
Laying (gist)
Common Law
In Common Law
Knowledge (scie)
Adjudging
Book (livers)
Our Books
Year Books
Feoffment
Making Feoffment
Cui In Vita
Death (mort)
Robbery
Presence
Folk
Appeal
Folio |
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