| 1482.117 |
1482 |
King's Bench |
Trespass vi et armis for breaking close |
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| Pasch. or Trin. |
22 |
Edw. 4 |
[49] |
21a-21b |
Bartlett, Edward Bertlot Apprentice (for D)
Tremayle, Thomas Sjt Tremaile (for P)
Bartlett, Edward Bertlot
Tremayle, Thomas Sjt Tremaile
Fairfax, Guy JKB Fairefax
Tremayle, Thomas Sjt Tremaile
Fairfax, Guy JKB Fairefax
Bartlett, Edward Bertlot
Browne, John
several Apprentices
Bartlett, Edward Bertlot (mentioned) |
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| Brooke Trespas 367(not in margin, not Mich. pl. [1]), Travers 274 (not in margin, not Mich. pl. [1]) |
32 Hen. 6, fol. 37
11 Edw. 4, fol. 4
9 Edw. 4, fol. 42 |
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| Brief de Transgressioun, quare clausum fregit, &c. @ Bertlot Apprentice pur le defendant dit quant a venant |
18 |
Defendant pleaded as to coming with force and arms, not guilty, and as to breaking of the close, defendant pleaded that (the close) was defendant's freehold on the day of the supposed trespass, by force of which (freehold) defendant entered.
Plaintiff replied that long before defendant had had (anything in the close) plaintiff himself was seised in his demense, and was thus seised until disseised by defendant on whom plaintiff entered, and the trespass in the meantime (mesne), which matter plaintiff would aver.
Defendant said by protest that defendant acknowledged nothing (as to) seisin and disseisin, but defendant rejoined that plaintiff never re-entered.
Plaintiff said that defendant's rejoinder was no plea, because plaintiff's re-entry was immaterial.
Fairfax JKB said that plaintiff's re-entry was material and was plaintiff's cause of action, and told plaintiff to advise himself.
It was adjourned until another day.
At which day, plaintiff appeared and replied that defendant's plea was no plea and that defendant should have denied that defendant disseised plaintiff.
Fairfax JKB changed (mutat) his opinion, and told defendant that if it were true that defendant did not disseise plaintiff, then defendant could take this issue wel enough, so Fairfax JKB told defendant to take this issue (that defendant did not disseise plaintiff).
Defendant said that he wanted to be advised.
Several Apprentices were of the opinion that defendant's plea was good as defendant's counsel had pleaded it. |
Sjt Tremayle (for P): Ceo n' est plee come moy semble, car l' entre n' est material
Fairfax JKB: Il est material, & la cause de son action, car si vous disseisist moy & continues possession pur iii. ans, & en le iii. ans le disseisin coupa arbres, &c. voilles vous aver moy p- punish j' ay transgressioun devant que cel entre?, 'quasi dicas', no, pur que avises vous
Sjt Tremayle (for P): il semble que il n' est plee, car il dit que en cest que il dit, que il ne reentre, si cest serroit plee, donques per un tort il justify un auter tort, pur que moy semble que il covient dire sans ceo que il luy disseisist
Fairfax JKB Mutat opinionem, & dit que coment que il ne reentre, s' il fist tort, il est reason qui soit punish, & dit s' il soit verity que vous ne luy disseisist, donques vous poies assets bien prendre cel issue, pur quel dit a Bartlett, pregnes cel issue |
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Edward Bartlett was an Apprentice (Baker, Readers and Readings, p. 25). John Browne appeared as counsel from 1476 through 1490 as an Apprentice (Baker, Readers and Readings, p. 66). |
Fairfax JKB: if you disseise me and you continue possession for three years, and in the third year the disseisor (you) fells (coupa) trees, etc. would you have me have Trespass to punish you before this entry (my re-entry), as if to say, no, so advise yourselves,
and it was adjourned to another day
Sjt Tremayle (for P) it seems that it (defendant's plea) is no plea, because he said that he (plaintiff) did not re-enter, if this woul be a plea, then by one wrong he justifies another wrong (principle that two wrongs do not make a right)
Fairfax JKB, changing his opinion: even though he did not re-enter, if he committed a wrong, it is reasonable that he be punished; if it be true (verity) that you did not disseise him, then you can take this issue well enough
and the opinion of Browne and of several of the Apprentices was that the plea was good as Bartlett said,
so query the law |
Quare Clausum Fregit
Apprentice
With Force And Arms
Force
Arms
Vi & Armis
Vi Et Armis
Not Guilty
Rien Culpable
Breaking (bruser)
Close
Action
Freehold
Day
Supposition
Entry
Demand
Judgment
Plea
Bar
Length
Time
Long Time
Seisin
Demesne
Disseisin
Meantime (mesne)
Intermediate
Matter
Protestation
Protest
Cognisance
Acknowledgement
Seisin And Disseisin
Immaterial
Materiality
Material
Cause
Cause Of Action
Continuation
Possession
Year
Felling (coupa)
Cutting
Tree
Punishment
Quasi Dicas
As If To Say
Advice
Adjournment
Appearance
Seeming
No Plea
Re-Entry
Wrong (tort)
Justification
(Two Wrongs)
Denial
Sans Ceo
Mutat Opinionem
Change
Mutation
Opinion
Reason
Reasonableness
Truth (verity)
Sufficiency (assets)
Well Enough
Issue
Taking Issue
Good Plea
Query
Quaere Legem |
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