1315.044ss |
1315 |
Common Pleas |
Trespass for breaking house, taking goods and chattels and felling trees |
Trespas |
Pasch. |
8 |
Edw. 2 |
6 |
41 SS 102-103 |
Burton, Thomas de Sjt Burtone (for D)
Laufare, Nicholas de Sjt Launf (for P)
Inge, William JCP
Laufare, Nicholas de Sjt Launf
Bereford, William de CJCP
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Arderne (B.) |
Alice, daughter of John of |
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B. porta son bref de trespas uers C. et counta qe certein iour etc. a force et as armes sa meson entra |
32 |
Bolland: This was nominally an action for trespass, the plaintiff, Alice Arderne, complaining that the defendant entered her land and cut down her trees and carried them away. The defendant said that he was his brother's heir and that his brother died seised of the land in question, and that he, on his brother's death, entered and cut down the trees as he as entitled to do. And he said further that Alice had a writ of novel disseisin pending against him in respect of the same land, in which, if she were successful, she would obtain damages for the loss of the trees. The Court inquired if she had such a writ pending, for it would not allow her to have 'two cudgels' against the defendant. As she did not deny it the Court refused to hear her further under the writ of trespass.
Headnote: In a writ of trespass the defendant said that the plaintiff had an assize of novel disseisin pending of the messuage wherein he complained that the trespass had been committed, and that if he got recovery by that assize he would recover damages; and afterwards the writ was abated.
Inge JCP: Say whether he has an assize or not, for you shall not have two cudgels (responetz sil eit assise ou noun qe vous naueretz deuz basteuns) |
BL MS Addit. 35094
CUL MS Ff. 2, 12
BL MS Harleian 3639
Bodleian MS Tanner 13
BL MS Addit. 37658
LI MS Hale 139
BL MS Harleian 2184 |
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William Craddock Bolland, Year Books of Edward II, vol. 17: 8 Edward II (1314-1315), 41 SS 102-103 (London 1925)
Pasch. 8 Edw. 2, pl. [11], Vulgate p. 272 |
De Banco Roll, Pasch. 8 Edw. 2 (No. 209), r. 49d, Hertfordshire |
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2003-10-28 |
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