| 1482.116 |
1482 |
King's Bench |
Trespass for breaking close |
Trespas |
| Pasch. or Trin. |
22 |
Edw. 4 |
48 |
20b-21a |
Turpin, John Turpin. Apprentice (for D)
Browne, John (for P)
Turpin, John
Huse, William CJKB Hussey
Fairfax, Guy JKB
all the Justices |
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K., J., deceased king's tenant & parent of ward
Sapcotes, R., the king's grantee & grantor to defendant |
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| Brooke Aide del roy 104 |
4 Edw. 4? (4. de mesme le Roy)
9 Hen. 7
9 Hen. 6, fol. 21
9 Hen. 7, fol. 18
26 Hen. 8, fol. 8
9 Hen. 6, fol. 21, 62 (?)
39 Edw. 3, fol. 8 |
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| En briefe de Transgressioun port en Bank le Roy de son close debruse, & counta accorde a son briefe, &c. |
46 |
Plaintiff counted according to plaintiff's writ.
Defendant pleaded that the place where (the trespass was supposed) contained 20 acres, of which one was seised and held of the king by knight service, and then died in the king's homage, his issue within age (infant), by force of which the king was possessed of wardship of the body and of the land (of the infant heir) as guardian, that then the king granted the same wardship during the (ward's) infancy to a grantee, rendering annually to the king 23 pounds 13 shillings 4 pence during the infancy, that then the king's grantee granted the same wardship to defendant, and defendant prayed aid of the king.
Plaintiff said that defendant ought not have the aid (of the king).
Defendant argued for grant of the king's aid.
Huse CJKB and Fairfax JKB said that defendant would not have the aid.
By advice of all the Justices, it was awarded that defendant be ousted from the aid. |
Fairfax JKB: come si le Roy voille granter a un home tolle en tiel ville per charette ou per chescun chival ove ferdelle (= fardel, bundle) ou packe, &c.
Huse CJKB: mes uncore en ascun case home avera aid de Roy en brief de Transgressioun, & ceo est lou home est fait collector de dismes ou de taxe, en quel case il poit distrainte, & vendre le distraint, & la en brief de Transgressioun il avera aid de roy, pur ceo qui ne fuit a son proper use |
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John Turpin was an Apprentice (Baker, Readers and Readings, p. 110). John Browne appeared as counsel from 1476 through 1490 as an Apprentice (Baker, Readers and Readings, p. 66). |
R. Sapcote paid to the king 23 pounds 13 shillings 3 pence during the wardship
whether the king's grantee's grantee can have aid of the king
Browne (for P): by our action we do not claim any interest (interesse) in the wardship, and (for defendant) to have aid of the king by force of this grant, where we do not claim anything in the wardship, because this actions purely (mere) an action of Trespass in which one will only recover damages, and also it seems to me by another notion (conceit) that he (defendant) will not have aid, because I put (posito) that the law was that the grantee (committee) would have aid in such an action, that is, R. Sapcotes, as it seems to me he would not in this case, yet it seems to me that the grantee's grantee (le comittee del committee) will not have it, because, as I understand, the grantee's grantee (le committee del committee) is not privy to the king, no more than the king's grantee's servant is (privy to the king), who in no manner will have aid of the king, so (car) there is no privity between the grantee's grantee (le committee del committee) (and the king), so it seems to me that he (defendant) will not have aid
Turpin (for D): certainly, as you say, the grantee's servant will not have aid of the king, because he (servant) does not claim any interest in the wardship, but affirms the right in his master, who is the grantee, but the grantee's grantee (la committee del committee) claims (the wardship) to his own use (a son use demesne), and he is guardian in fact, and he will not be punished for Waste (?) and others (other things), and it has been adjudged in our books (nostre livers, Year Books) that the grantee's grantee will have aid of the king, and not of his grantor, when any action for tenancy be brought against him, as a writ of Dower, or a writ of Wardship, etc. see 4 Edw. 4?, (reporter:) and also 9 Hen. 7; and so it seems to me (that) the grantee's grantee will have aid (of the king) in Dower, as well as here
Huse CJKB: it seems to me that even though the king's grantee's grantee justifies by reason of the infancy (nonage), notwithstanding this he (defendant) will not have aid of the king, and I put a distinction, where (lou) the king will be at prejudice by the recovery, and when (quant) not, and Sir, in this case the plaintiff has not demanded anything except damages for the trespass, by which count the king will not be at prejudice, because he is not at prejudice to his (the king's) title; and as in this case the king is guardian in right, and has an interest, and the heir will be delivered out of the king's hand, yet this does not matter (ne fist matter), because one will not have aid of the king in any case except by recovery in value or by prejudice to (de) his title, as where the king is in the reversion, etc. and so here it is neither the one nor the other, because in place of voucher to recover in value it cannot be in this case , because he demands nothing in his action except damages, etc. and he is not to be in prejudice of his title, because even though in this case the defendant if it be found against the defendant and so he would be estopped, yet this will not estop the king, because he is not a party, so neither for the one cause nor for the other can he have aid, but if part of the wardship was in dispute or in demand by writ of Dower or writ of Wardship or the (writ of) Right of wardship, or any other Praecipe quod reddat, as has been said, which would be in disaffirmance of the possession of the wardship or of right of the wardship, so it was reasonable that aid would be granted, and there by cause the party would have in value, etc. so it seems to me he would not have aid
Fairfax JKB (in agreement): '& jeo ne faire' in no case (will) one have aid of the king in a writ of Trespass of such things that he had from the king's grant to his own use (proper use), as if the king would grant a toll to one in such a vill per cartload (per charette) or per every horse with a bundle (ferdelle) or pack, etc., and then a writ of Trespass is brought against him to take (toll?) from his horse, and he (defendant) justifies the taking by reason of this grant, and even though he would not pay, etc. and the other (plaintiff) said 'of his own wrong, denying (the justification)', etc. if the other (plaintiff) would pray in aid of the king he will not have aid, because it is purely personal, etc. but yet in some case one will have aid of the king in a writ of Trespass, and this is where one is made collector of tithes or of tax, in which case he can distrain, and sell the distrained (goods), and there in a writ of Trespass he will have aid of the king, so not at his own use, and so a distinction
and then by advice of all the Justics it was awarded that he be ousted from the aid,
which note |
Close
Breaking Close
Count
Accordingly
Apprentice
Action
Place (lieu)
Time
Contents
Containing
Acre
Seisin
Tenancy
Holding Of The King
King
Knight Service
Death (morust)
Homage
In Homage
Issue
Within Age
Infancy
Infant
Force
Possession
King's Possession
Wardship
Body
Wardship Of The Body
Wardship Of Land
Guardian
Grant
Grant Of Wardship
Duration
Nonage
Render
Annually
Year
Aid Prayer
Aid Of The King
Aid
Action
Claim
Interest (interesse)
Claim
Purity (meme)
Pure Action Of Trespass
Recovery
Damages
Tamen
Notion (conceit)
Posito
Granteee (committee
Seeming
Case
Grantee's Grantee
Understanding (entende)
Privity
Privy To The King
Servant
Grantee's Servant
Manner
No Way
Certainty
Affirmation
Right
Master
Use (use)
Own Use
To His Own Use
Guardian In Fact
Punishment
Waste
Adjudging
Book (livers)
Our Books
Year Books
Grantor
Sight (vide)
Dower
In Dower
Justification
Reason
By Reason
Ward
Notwithstanding
Putting (mitta)
Distinction (diversity)
Prejudice
At Prejudice
Prejudice To The King
Demand
Title
King's Title
Guardian In Right
Heir
Livery
Delivery
Out Of The King's Hand
Hand
Immaterial (ne fist matter)
Value
Recovery In Value
Prejudice To Title
Reversion
In The Reversion
Reversioner
In Lieu Of
Voucher
Estoppel
Dispute (debate)
In Demand
Writ Of Dower
Writ Of Wardship
Right Of Wardship
Praecipe Quod Reddat
Disaffirmation
Disaffirmance
Possession Of Wardship
Possession Of Right (?)
Cause
Party
King's Grant
Own Use (proper use)
Toll
Vill
Cartload (charette)
Horse
Bundle (ferdelle)
Pack
Taking (prendre)
Payment
Nonpayment
De Son Tort Demesne
Of His Own Wrong
Wrong (tort)
Denial
Sans Ceo
Personal
Personal Thing (category)
Collector
Tithes
Collector Of Tithes
Tax (taxe)
Collector Of Tax
Tax Collector
Distraint
Sale
Sale Of Distraint
Advice
Award
Ouster
Note |
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