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1448 |
(Exeter) Assizes |
Assize |
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Markham, John JKB Assize J
Prysot, John Sjt Prisot Assize J
(Newton, Richard CJCP) |
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Statham Assizes 49
Fitzherbert Assise 14 & 461 (not 26 Hen. 6)
Brooke Attachment en assise 1, Assise 398 (not in margin) |
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| En un Assise Le tenant dit nient attache par xv jours. L' auter dit attache per un tiel, &c. Le quel fuit |
7 |
Tenant (defendant) pleaded (that he was) 'not attached for 15 days'.
Plaintiff replied (that defendant was) 'attached' by a certain person.
It was examined whether he (plaintiff) made the attachment, and how.
It was found by examination that he (plaintiff) made the attachment on a certain day, so that the day on which he (plaintiff) made the attachment and the day of the Assize made 15 days.
It was also found that he (plaintiff) made the attachment by a glebe on the land.
This was held a nullity, because he (plaintiff) must make the attachment without moveables or by pledges, and such things that could be forfeit for outlawry: but land is annexed to the freehold (and) part of the freehold. |
trove fuit per examinacion, que il fist l' attachment a certein jour, issint que cel' jour en que il fist l' attachment, & le jour de l' Assise fesoient xv jours: & auxi trove quil fist l' attachment per un glebe del' terre
Et cest fuit tenu nul, pur ceo que il covient faire l' attachement sans movables ou per pleges, & tiels choses que purront estre forfaits per utlagary: mes terre est annexe al' franktenement parcele del' franktenement
Et dist fuit per plusors, que l' attachment covient estre fait per xv jours devant l' Assise
Et per ceux causes fuit agarde, que ils seront novel Attachment per Markham JKB & Sjt Prysot Justices d' Assise |
this (attachment) was held a nullity, because he (plaintiff) must make the attachment without moveables or by pledges, and such things that could be forfeit for outlawry: but land is annexed to the freehold (and) part of the freehold.
and it was said by several that the attachment ought to have been made by 15 days before the assize
and for those reasons (causes) it was awarded that they make a new attachment, by Markham and Prisot, Justices of Assize |
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Statham Assizes 49, fol. 16r (last plea in the title), dated this 26 Hen. 6, and stated that the tenant in an Assize said, 'not attached for 15 days'; and the Court demanded of the plaintiff who made the attachment; and the plaintiff replied, one such, his servant; and he (the servant) was demanded and he did not come, whereupon a new attachment was awarded, without any inquiry into this by the assize (jury), because it was the folly (le folie) of the plaintiff that he did not bring him with him; but it would have been otherwise if the bailiff has wrongly (errant) made the attachment, and had been demanded and had not come, the assize (jury) should have inquired as to that; by the opinion of Newton CJCP, in the same plea, and this he took for a distinction, etc. at the assizes at Exeter (excestre); and he (Newton CJCP) also said that if the servant of the plaintiff, who made the attachment, had been present, he would have examined the sheriff as to whether he gave him a warrant to make the attachment or not
Fitzherbert Assise 14 also dated this Mich. 26 Hen. 6
Fitzherbert Assise 461 dated this 26 Hen. 6: Assise le tenant dit nient attache par xv iours &c. le court demaunde del plaintif qui fist lattachment, & il dit que un tiel son seruant, et il fuit demaunde & ne vient, par que nouel attachement fuit agarde sans enquier de ceo per assise pur ceo que il fuit le foly le plaintif que il ne amesne luy oue luy, auter est si le bayle errant ust fait lattachement, & ust estre demaunde & ne vient uncore lassise duist auer enquise de ceo par oppinionem Neiat (should be Newt.), & si le seruant le plaintif ust estre present uncore le vicount serra examine, le quel il fist garrant a luy pur faire lattachement ou non &c. & ceo fuit a exet- en assise &c.
Brooke Assise 398, fol. 65r: Attachment in an Assize will be made 15 days before the day of the Assize, and on (ultra) the day of asize, and will not be by levy (gleue), but by oxen (?) (boue) or by pledges, and thus not the same ill (non ideo male) by the Court, because the tenant was not attached |
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Attachment
Nient Attache
Fifteen Days
Examination
Finding
Certainty
Day of Assize
Glebe
Holding
Nullity
Moveable
Pledge
Forfeiture
Outlawry
Annexation
Freehold
Parcel
Cause
Award
New Attachment
Justice of Assize
(Servant)
(Folly) |
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