| 1468.042 |
1468 |
(Exchequer Chamber) |
(Debt on an obligation) |
|
Pygot, Richard Sjt Pigot (for P duchess?)
Sulyard, John (for P duchess) (mentioned)
Fairfax, Guy Sjt Fairefax
Catesby, John Sjt
Jenney, William Sjt Genney 10
Catesby, John Sjt (mentioned)
Laken, William JKB Lakin
Billyng, Thomas JKB Billing
Yelverton, William JKB
Markham, John CJKB Markam
Catesby, John Sjt (mentioned)
Yelverton, William JKB (mentioned)
Fairfax, Guy Sjt (for D)
counsel (for P duchess) (mentioned)
Catesby, John Sjt (for P duchess?)
Fairfax, Guy Sjt Fairefax
Pygot, Richard Sjt Pigot (mentioned)
Pygot, Richard Sjt Pigot
Catesby, John Sjt
Markham, John CJKB
Laken, William JKB Laicon 11
Yelverton, William JKB
Markham, John CJKB
Markham, John CJKB
all the Justices
Sulyard, John S., counsel (mentioned frequently)
F. (perhaps Fincham, John (counsel for P duchess) (mentioned frequently)
Yelverton, William JKB
Yelverton, William JKB
Pygot, Richard Sjt Pigot
Markham, John CJKB mon Master Markham (mentioned)
Fairfax, Guy Sjt
Markham, John CJKB
Catesby, John Sjt
Fairfax, Guy Sjt (mentioned)
Starkey, Humfrey (for D)
Laken, William JKB Lakin 12
Pygot, Richard Sjt Pigot
Markham, John CJKB
Laken, William JKB Lakin
Markham, John CJKB
Laken, William JKB Laicon
Jenney, William Sjt Genney (mentioned)
Catesby, John Sjt (mentioned twice)
Markham, John CJKB
Laken, William JKB Lakin
Markham, John CJKB
Yelverton, William JKB
Billyng, Thomas JKB Billing
Markham, John CJKB
Yelverton, William JKB
Markham, John CJKB mon master Markham (mentioned)
Billyng, Thomas JKB Billing (mentioned)
Yelverton, William JKB
Markham, John CJKB 13 |
(Suffolk) |
(Duchess of, arbitrator) |
|
|
|
B., hypothetical payee
B., hypothetical arbitrator
(H.,) B., opponent in arbitration
B., hypothetical advisor |
Sale, manor of
King's Bench (devant le Roy ubicunque fuerrit in Angliae)
England (Anglia)
Thames river (Teames)
Westminster (Westminer)
Westminster Hall (sale Westm')
St. Paul's steeple (Pauls steple)
England (Engleterre) |
|
Fitzherbert Avowrie 35, Bayllye 3, Obligacion 8, Arbitrement 15 (not in margin)
Brooke Arbiterment 37, Notice 18 & 12, Contract 24, Warrantia chartae 16, Avowry 97, Condicions 150, Tenure 11 & 221, Baillie 40 (not 41), Lease 37, Demurrer 11 (not in margin), Baillie 40 (not in margin), Condicions 221 (not in margin) |
Prior proceeding 1468.008 = Pasch. 8 Edw. 4, pl. 1, fol. 1a-2b
Later proceeding 1468.068 = Mich. 8 Edw. 4, pl. 35, fol. 20b-22a & 9 Edw. 4?
cross-referenced in 1478.094 = Mich. 18 Edw. 4, pl. 23, fol. 18a, Sjt Vavasour and Sjt Catesby
40 Edw. 3, fol. 6
4 Hen. 7, fol. 4 mes e contra
14 Hen. 8, fol. 32, e contra
5 Edw. 4, Long Quinto, fol. 89
40 Edw. 3, fol. 6
18 Edw. 4, fol. 18
5 Edw. 4, fol. 4
39 Hen. 6, fol. 12
7 Hen. 8, fol. 1
7 Edw. 4, fol. 3
9 Hen. 7, fol. 16
17 Edw. 4, fol. 45
5 Hen. 7, fol. 22
47 Edw. 3, fol. 21
13 Hen. 4, fol. 2
2 Edw. 4, fol. 5 (thrice)
Fitzherbert, Natura Brevium 133 a
Fitzherbert, Natura Brevium 135 a
2 Hen. 4, fol. 15 (twice)
34 Hen. 6, fol. 14
50 Edw. 3, fol. 15
11 Hen. 4, fol. 14
34 Hen. 6, fol. 46
2 Edw. 4, fol. 3
14 Hen. 8, fol. 25, 26
18 Edw. 4, fol. 18, 19
21 Hen. 6, fol. 40
2 Hen. 4, fol. 21
10 Edw. 4, fol. 2
19 Edw. 3, Lib. Ass. pl. 9
27 Edw. 3, Lib. Ass. pl. 5
3 Hen. 4, fol. 14
Perkins, Profitable Boke 140
21 Edw. 3, fol. 8, Brooke Tout temps prist 14 |
the statute = Westminster 3rd (1290), 18 Edw. 1 (1290), stat. 1, ch. 2 (not 1) (W. 3, cap. 1) (le statute est que il serra attende 'capitali domino pro particula illa') (the feoffee shall hold of 'the chief lord for the same parcel' (teneat immediate de Captiali domino ... eidem domino per particula illa) |
| Residuum de Arbiterment Pasch. pl. 1 fol. 1 & post fol. 21. Pigot reherce le matter & dit, semble |
254 |
(Plaintiff duchess arbitrator had sued defendant on an obligation that bound defendant to perform the award of plaintiff duchess as arbitrator in an arbitration between defendant and an opponent.
Defendant had pleaded that (plaintiff duchess made arbitration and awarded that defendant pay his opponent a sum by a certain day before 10 Aprl. and) that on 10 Apr. defendant first had notice, and that on 3 Apr. defendant came to Sulyard and others of counsel to plaintiff duchess and asked their advice how to plead in an action.
Plaintiff duchess (?) (Sjt Pygot) rehearsed the matter, and argued that defendant would not be excused (by his plea that plaintiff duchess did not give plaintiff notice of the arbitration plaintiff duchess awarded) and replied that defendant's plea contradicted itself because defendant pleaded that defendant asked plaintiff duchess's counsel for advice on 3 Apr., which was notice to defendant.
Defendant argued that defendant's plea was good.
Lengthy discussion of defendant's plea.
Defendant rejoined, as to the contradiction, that the part of defendant's plea about advice made the arbitration void in this part, and also both days were after the day of payment.
Plaintiff duchess, by another counsel (?) rebutted that defendant's plea still contradicted itself and was uncertain.
Defendant argued a distinction.
Both of plaintiff duchess's counsel and Markham CJKB held defendant's distinction good.
in very lengthy argument, Laken JKB spoke for plaintiff's position, and Billyng JKB, Yelverton JKB and Markham CJKB spoke for defendant's position.
It was adjourned.
Later in Pasch. 1469, it was held by all the Justices except Yelverton JKB that plaintiff duchess arbitrator could award that an action be conceived by the advice of two of her counsel well enough, and that these two counsel were not thereby made judges by plaintiff duchess.
At another day, further lengthy argument about whether defendant could have bound himself to perform the award of an arbitration without having notice of the arbitration, and about impossibility of performance.
Yelverton JKB, in a remarkable speech, said that the Court should do as canonists (savonisits) and civilians did in a case of first impression, and should resort to the law of nature and be advised what would be most beneficial to the common weal, and so the Court should make a positive law that defendant would not be charged unless he had had notice, and that the Court's judgment would be taken as a precedent (president) afterwards.
Before Yelverton JKB had finished his reasoning, the Justices rose (surrexerunt). |
Sjt Pygot (for P duchess?): il ne besoigne a doner a eux notice, &c.; Auxi s' il serroit necessarie pur eux d' aver tice
Sjt Catesby: Et auxi si un meason soit lesse a moy per terme d' ans, jeo ne sue tenus forsque de repariler cest, & si le meason eschue (= fall down) pur feeblenesse (= frailty, weakness) de timber, jeo ne sue tenus de faire novel, uncore si jeo soi oblige de lesser le mease en auxi bon plite come jeo le trova, &c. jeo sue tenus de faire novel
Sjt Jenney: car chescun arbiterment est un act judicial, le quel ne poit estre performe sans notice aver del judgment
Laken JKB: car chescun arbiterment est pur appeaser les debates et variances que sont enter les parties; & ont eslieu un pur estre lour Judge, &c. il covient a eux estre attende sur luy de scaver lour judgment
Billyng JKB:et sir le duitie des parties est a vener devant luy & monstre lour griefes, & l' arbitror doit eux oier, & solonque cest ajudger, ou auterment il n' est bon Judge, donques quant il fait un agarde, et ne fait pas notice al parties, ils ne poyent per nul possibility de reason performer cest, car coment que il pronounce l' arbiterment en son chamber, si le partie n' ad pas notice de cest, n' est forsque come un thought envers luy, et home ne poit performer un thought; est matter de record et overt a touts
Yelverton JKB: il ne poit per nul possibilitie cest faire; Come s' ils agarde que jeo ferra Teames (= Thames) de currer- ouster (= run out of) le sale Westminster deins un jour, ou que jeo debrusera (= pull down) Pauls steple ove ma maines deins un heure, ou auter tielz impossibilities; il est impossible de performer; car 'ultra scire non posse'; & sir en ley spirituel les arbitrors ne serront pas agarde, &c. forsque 'in presentia partium' (= in the parties' presence) &c.
Markham CJKB: si arbitror ne voit a luy doner sufficient amendes, &c. ou tiels sembles, &c. mes performer chose que il n' ad notice, le ley ne serra pas cy streit, &c. et per vostre opinion; Et sir si jeo et Yelverton faisomus comprimise d' estoier al arbitrement ... lou le comprimise est per parolx enter nous sans obligacion; jeo ne puisse discharge luy en mon chamber, &c. sans faire a luy notice de cest
Sjt Pygot (for P duchess?): Come si jeo commande mon servant d' achater certein biens, ou jeo face un home mon factor (= agent) & mon atturney pur achater marchandise, &c. en cest case s' il achate marchandise d' un home, jeo serra charge per tiel contract, coment que les biens ne unques veigne en maines, & coment que jeo n' ay unques notice de cest, & la cause est, pur ceo que jeo done tiel power a eux, &c. & cest fuist mon foly de issint faire
Sjt Fairfax (for D): vostre remedie envers vostre factor (= agent) ou servant per action d' Accompt
Markham CJKB: que jeo recover pur ministre a moy un plee; & cel ley fuit foundue sur reason, s. que le party n' avera perde per cest recovere sans notice faire del suit, &c.
Sjt Catesby: quant home est d'estre charge per le cours de ley, il ne serra charge sans notice per due proces vers luy solonque l' ordre del ley
Starkey (for D): en vostre case il est reason que vous soies charges; per que quant vous ne absteine vous de vostre entre, il est reason que vous soies punish; car le record surde sur un fait de party, & uncore cel fait ne serra prise cy stretment (= strictly); Mes sera prise solonque cest que reason require
Laken JKB: 'ergo' le notice serra fait a luy, &c. & sir jeo sue oblige a chescun temps que Sjt Catesby est malady (= ill, sick) de luy trover touts ses medecines, & puis Sjt Catesby est malady & notice n' est fait a moy, uncore si jeo ne luy trova son necessary, jay forfeit mon obligation
Billyng JKB: Le notice est necessary, car per nul maner reason home ne poet performe chose sans notice aver de ceo, & sir j' entende que lou home est oblige sur condition impossible que l' obligation n' est (? should be est) voide, mes ascun metter diversity enter condition impossible & condition encounter ley, mes j' entende que en l' un & l' auter il est voide, &c. (quod Markham CJKB & Yelverton JKB concesserunt), car cest que est impossible est encounter ley, issint jeo provera, car le ley est sur possibility, & reasonn, donques ceo que est impossible est encounter ley, mes icy le condicion n' est impossible, car il stat indifferenter quel chose l' arbitror voit agarde, cestascavoir, chose possible ou chose impossible
Yelverton JKB: & sir nous ferromus a ore en cest case sicome les savonists (probably = 'Sorbonists', theologians) & civilliones (= civilians) face quant un novel case anient (= arises?) de que ils n' ont nul ley adevant, donques il resorter al ley de nature que est le ground de touts leys, & solonque cest que est avise a eux estre pluis beneficial a le Common Weale, &c. ils font, & issint ore ferromus nous; Si nous ferromus un positive ley sur cel point, nous devomus voier cest que est pluis necessary a le Common Weale & solonque cest faire nostre ley, & jeo croy que nul voet denier mes le meliour serra en cest case de faire tiel positive ley, que nul home serra charge de performe l' arbiterment sans notice ent aver, &c. car arbitrement est use pur le Common Weale, cestascavoir pur appeser debates, & tortes enter les peoples, & issint sont fines (= ends), & si l' arbitror purra charge le party sans notice faire, donques le people voet timer & doubter de eux metter en arbitrement, &c. pur que le pluis beneficial voy pur le Common Weale est, que ils ne serront charges, sinon que ils eient notice, &c.; Donques en mesme le maner a ore est nostre judgement icy en cest case devomous poiser (= weigh) le Common weale, car cest case n' ad estre view a devant, per que nostre judgement a ore serra prise pur un president en apres, pur que, &c. & sir come ad este touch est diversity, lou home est oblige a chose certeine & a chose noncerteine de quel il poit aver notice per choses ou outward & ou nemy,
& devant que il ait fine son reason, les Justices surrexerunt (= arose), &c. |
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s.v. Chaucer [married names Phelip, Montagu, de la Pole], Alice, duchess of Suffolk, c. 1404-1475, in Oxford DNB. William de la Pole , Duke of Suffolk from the creation of the title on 2 Jun. 1448 to his death on 2 May 1450 (and forfeiture), his son and heir John de la Pole was born 27 Sep. 1442 and was recognized Duke of Suffolk on 23 Mar. 1463. John Sulyard was created Serjeant in June 1478 (Baker, Readers and Readings, p. 107). John Fincham, from Norfolk, was JP from Norfolk from 1453, and an apprentice who was never created Serjeant (Baker, Readers and Readings, p. 13). Humfrey Starkey was an apprentice who was created Serjeant in June 1478 (Baker, Readers and Readings, pl. 65). |
very interesting passages at the end by Yelverton JKB about deciding a case of first impression by the law of nature and for the benefit of the common weal (policy, utility), about judicial lawmaking, making positive laws; much detailed information about arbitration; mentions of impossibility of performance; mention of due process; mention of canon law on arbitration
Sjt Pygot (counsel for P duchess?) and Sjt Catesby and Laken JKB spoke for plaintiff's position; Sjt Fairfax (as counsel) and Sjt Jenney and Starkey (as counsel) and Billyng JKB and Yelverton JKB and Markham CJKB spoke for defendant's position
(arbitration and award by the Duchess of Suffolk on 5 Jan., for a payment on 4 Mar.,) defendant asked plaintiff duchess's counsel for advice on 3 Apr.; notice to defendant on 10 Apr.
Sjt Pygot (counsel for P duchess?): he (defendant) ought to take notice (of the arbitration award) to himself at his peril , because the arbitrator will not be driven to inquire for the parties to give them notice, but the parties ought to be attendant on him (the arbitrator) at their peril; and note that among other things it was awarded by plaintiff duchess (le dit Dame) that a certain action would be commenced by the advice of plaintiff duchess's counsel, and that a stranger ought to plead according to their advice
Sjt Catesby: even though one, by reason, will not be driven to do a thing without having notice of this, yet one by his own deed (fait) can bind (lier) himself to do a thing which, by reason, he will not be bound (lier) to do; I am held at my peril to take notice; this is my own folly (folie) to do so; and also if a house be leased to me for a term of years, I am bound (tenus) only to repair (repariler) this, and if the house falls down (eschue) for weakness (feeblenesse) of timber, I am not bound (tenus) to make a new (house), yet if I oblige myself to leave (lesser) the house (mease) in as good a condition (plite) as I found it, I am bound (tenus) to make a new (house), because by my deed I have bound (lie) myself to this; at my peril
Sjt Jenney: every arbitration is a judicial act, which cannot be performed without notice to have the judgment
Laken JKB: every arbitration is to resolve (pur appeaser) the disputes (debates) and differences (variances) that there are between the parties; and have chosed one to be their judge, and they ought to attend (wait) on him (arbitrator) to know their judgment
Billyng JKB: when an arbitrator undertakes (assume) on himself the charge of the arbitration, he ought to conduct (demesne) himself as an arbitrator and a judge, because every arbitrator is made a judge between the parties to resolve (pur appeaser) the disputes (debates) between them, and Sir, the duty of the parties is to come before him and to show their grievances (griefes), and the arbitrator ought to hear them, and to adjudge according to this, or otherwise he is not a good judge, thus when he (arbitrator) makes an award and gives no notice to the parties, they cannot by any reasonable possibility perform this (award), because even though he (arbitrator) pronounce the arbitration in his chamber, if the party has no notice of this, it is only as a 'thought' against him (the party), and one (the party) cannot perform a 'thought', so it seems to me that notice ought to be made to him (defendant); of everything done here (in Court) everyone can have notice, because it is a matter of record and open (overt) to all
Yelverton JKB if an arbitration be made to do an impossible thing, the party will not lose his obligation for nonperformance of this; as if they (arbitrators) award that I will make the Thames run out of (currer- ouster) Westminster Hall in a day, or that I pull down (debrusera) St. Paul's steeple with my hands within an hour, or other such possibilities, because I cannot perform this, I am excused of my obligation, so here, it is impossible to perform this thing, that is to say, to pay the money without having had notice, because 'he cannot go beyond what he knows' ('ultra scire non posse'), and so inasmuch as he did not have notice it seems that he is excused of the penalty, etc., and Sir, in canon law (ley spirituel) the arbitrators will only make an award in the presence of the parties ('in presentia partium')
Markham CJKB: the law will not be so strict (cy streit); and by your opinion if he comes to the arbitrator and asks him to have notice of the arbitration and he says that he had made no arbitration, or says nothing, that yet the defendant will be charged to take notice at his peril, etc. which is unreasonable; and Sir, if I and Yelverton JKB make a compromise to stand to arbitration
Sjt Fairfax (for D): if I make one my arbitrator, he cannot make another to be my arbitrator, and here the Lady (plaintiff duchess) made her counsel (to be) judges, which was void
Yelverton JKB: the arbitration is not effectual against the party until he will have notice
Markham CJKB: arbitration made a quarter of a year before the party had notice, yet the arbitration is good, but the party will be excused of nonpayment beore the notice, but he will pay when he has notice
Markham CJKB said in this plea that a penalty once excused is always excused
all the Justices (in Pasch. 1469): when plaintiff duchess (la Dame) awarded that an action would be conceived by the advice of Sulyard (S.) and F. etc., this was good enough, because S. and F. were not judges of this, but executors of the award (garde), and jugment made by plaintiff duchess (le Dame), &c. because she undertook upon herself that the title of the land would be tried between them, and she did not know which action would be good for this
Yelverton JKB said that .. every arbitration ought to be full (plein) and certain, and plaintiff duchess's (arbitration) was not thus until Sulyard (S.) and F. had delimited (limit) the action, thus on this point they were judges
Sjt Pygot (for P duchess?): as if I command my servant to buy (d' achater) certain goods, or I make one my agent (mon factor) and my attorney to buy merchandise, etc. in this case if he buy merchandise from one, I will be charged by such contract (principal and agent), even though the goods never come into my hands, and even though I never have notice of this, and the reason (cause) is because I gave such power to them, and this was my folly to do so, etc.
Sjt Fairfax (for D): in your case even though the goods never come to you, nor do you ever have notice of the contract, yet it is reasonable (reason) that you be charged, for the mischief that there would be to the same person from whom the purchase (l' achate) was made; and also you would have your remedy against your agent (factor) or servant by an action of Account; this is unreasonable, because we cannot perform this without notice
Markham CJKB: if I recover my warranty 'pro loco & tempore' in a Warrantia cartae, and then I am impleaded in an action in which I cannot vouch, as an Assize or a Scire facias, I ought to make a request to him against whom I recovered to minister to me a plea, etc. and thus make notice to him of the action that is pending against me, or otherwise I will never have execution against him, etc. and this law is founded on reason, that is, that the party will not have loss by this recovery without notice to make the suit
Sjt Catesby (for P duchess): when one is to be charged by the course of law, he will not be charged without notice by due process against him according to the order of the law, etc. but when the party has bound himself by his own act, otherwise he will be driven (chase) to be done by law, there he is bound to take notice, etc.; as if I make one a bailiff of my manor, and give him power to make a lease of lands of the same manor, in this case if he lease an acre of land to another, and makes no notice to me, if I enter on this acre and trample (defoule) the grass, the lessee wil have an action of Trespass against me andd will recover damages against me, and I will not be aided because I had not notice, because I am bound (lie) by my bailiff's lease, because I gave him power to do thus; and also in this case I cannot discharge my bailiff without notice
Starkey (for D): so you ought not to have entered, until you had had notice of what your bailiff had done with your land, so when you did not abstain from your entering, it is reasonable that you be punished, but here you are not to charge us for the nonfeasance of a thing of which we could not have had notice, which is unreasonable
Laken JKB: one's deed will be taken most strongly against him (contra proferentem principle) and most beneficially for him to whom it is made; and Sir, as to the case that is put by Sjt Jenney, that is to say, if (he) be obliged to make to me such an estate as B. advised, to whom will the advise be made?, to him (the obligee) and to no one else, or otherwise he (obligee) will not be charged, if I agree well there, because the advice ought to (make) the estate sure (suer), and the estate will be made by him, 'ergo' the notice will be made to him (obligee), etc. and Sir, I am obliged that every time Sjt Catesby is ill (malady, sick) to find him all his medicines, and then Sjt Catesby is ill (malady, sick) and notice is made to me, yet if I do not find him his necessities (necessary, the medicines), I forfeit my obligation, because I have bound myself (aye moye lie) to this, etc.; I am bound (tenus) to inquire of (quer-) you in every part of England etc. to pay you, at my peril, and you are not bound to give me notice where you will be a this time
Billyng JKB; the notice is necessary, because it is by no means reasonable that one can perform a thing without having notice of this, and Sir, I understand that where one is obliged on an impossible condition that the condition is not void (?), but some put a distinction between impossible conditions and conditions that are against law, but I understand that in the one (case) and in the other it is void, etc. (which Markham CJKB and Yelverton JKB agreed), because what is impossible is against law, (and) I will prove this to be so, because the law is (based) on possibility and reason, and thus what is impossible is against law, but here the condition is not impossible, because it stands indifferent (stat indiferenter) what thing the arbitrator would award, that is to say, a possible thing or an impossible thing, and it will be understood that when he (arbitrator) undertook upon himself the charge of the arbitration that he would award such a thing that the party would perform, and even if he (arbitrator) award that the party do a thing that is impossible, the party will not be aggrieved by the nonperformance of this; he will be excused of the penalty because it wa impossible to pay without having notice
Yelverton JKB: and Sir, we will do now in this case as the 'savonists' (canonists? 'sorbonist' theologians?) and civilians (civilliones) do when a new case arises (anient) for which they have no law beforehand, then they (canonists and civilians) resort to the law of nature which is the ground of all laws, and according to what is advised to them to be most beneficial to the common weal (policy, utility, commonwealth, common good), etc. they do, and so now we will do; if we will make a positive law on this point, we ought to see what is most necessary to the common weal and to make our law according to this, and I believe that no one would deny that the best (course) will be in this case to make such a positive law that no one will be charged to perform the arbitration without having had notice (of the arbitration), etc. because arbitration is used for the common weal, that is to say, to resolve (appeser) disputes (debates), and wrongs (tortes) among the people, and thus making ends (of disputes and wrongs), and if the arbitrator could charge the party without making notice, then the people will fear and doubt to put themselves in arbitration, etc. so the most beneficial way for the common weal is, that they will not be charged, unless they have notice, etc.; thus in the same manner now it is our judgment here in this case we ought to weigh (poiser) the common weal, because this case has not been seen before, so our judgment now will be taken for a precedent (president) afterwards, so, etc. and Sir, as as been mentioned (touch) there is a distinction, where one is obliged (to do) a certain thing and (to do) an uncertain thing of which he can have notice by things either 'outward' or not,
and before he (Yelverton JKB) had ended his reasoning (reason), the Justices arose (surrexerunt)
Markham JKB said in this case that if I make one my bailiff of my manor he cannot make a lease of the manor nor of part (of it) without a special command to do this,
which was agreed
and also he (Markham JKB) said that if I am obliged to hold you harmless (de garde vous sans damages) against everyone (touts homes) the condition is void, but to hold you harmless (de garde vous sans damages) against a certain person it is good
query the distinction
in 1478.094 = Mich. 18 Edw. 4, pl. 23, fol. 18a, Sjt Vavasour and Sjt Catesby said that it was awarded well in King's Bench that where an arbitration is made, the party ought to take notice of the award at his peril without notice, see this case of arbitration, 8 Edw. 4 |
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1468.042 = Mich. 8 Edw. 4, pl. 9, fol. 9a-13a
Brooke Demurrer 11, fol. 220r: Yelverton JKB: in demurrer in law on a plea on arbitration, where the arbitrator gave no notice of his award to him (the party) in a doubtful matter, we will do as the Sophonists and the Civilians do (nous fayromus sicome les Sophonists & les Civilians fait), when a new case comems of which they have not law beforehand, they resort to the law of naturewhich is reason and the ground of all laws (il resort al ley de nature que est reason & ground de touts leys), and what is better (& de ceo que est pluis) for the common wealth they will make a law, which was not denied |
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Residuum
Arbitration
Folio
Rehearsal
Matter
Seeming
Excuse
Notice
Having Notice
Taking Notice
Peril
At His Peril
Arbitrator
Driving (chase)
Inquiry
Party
Giving Notice
Attendant
Waiting Upon
Action
Count
Form
Form Of Count
Proof
Need (besoigne)
Necessity
Showing
Duty (devoir)
Perception
Absence
Absenting Himself
Intent (entent)
Payment
Money
Sum
Indebtedness (duitie)
Debt On An Arbitration
Obligation
Condition
Certainty
Day
Tender
Refusal
Always
Plea
Day
Counsel
Lady (Dame)
Advice
Pleading
Award
Contrary
Contradiction (contrarious)
Self Contradiction
Note
Thing (choses)
Commencement
Stranger
Good Plea
Performance
Without Notice
Case
Feoffment
Forfeiture
Uncertainty
Reasonableness
Reason
By Reason
Own Act
Binding (lie)
Time
Manor
Binding (tenus)
Otherwise
Folly
Own Folly
House
Lease
Term Of Years
Repair (repariler)
Falling Down (eschue)
Feebleness
Frailty
Weakness
Timber
Building
Anew
Leaving (lesser)
Plight
Condition (plite)
Finding
Act 10
Judicial Act
Matter In Fact
In Fact
Fact
Perhaps (peraventure)
Assignment
Appeasement
Resolution (appeaser)
Dispute (debates)
Difference (variances)
Submission
Submission To Arbitration
Choice (eslieu)
Judge
Knowledge (scaver)
Judgment
Charge
Recognisance
Keeping (garder)
Keeping His Day
King
Before The King
Anywhere
Place (lieu)
Rest (remnant)
Stand (estoier)
Undertaking (assume)
Charge
Charge Of Arbitration
Appearance
Grievance (griefes)
Hearing
Adjudging
Good Judge
Bad Judge
Possibility
Possible Reason
Pronouncement
Chamber
Room
Thought (thought)
Dissimilarity
Similarity
Everyone
Matter Of Record
Of Record
Record
Openness (overt)
Public (overt)
Ad Idem
Impossibility
Impossible Thing
Nonperformance
Loss
Notwithstanding
Running
Hall
Breaking
Pulling Down
Steeple
Hand
Hour
Impossibility Of Performance
Ultra Scire Non Posse
Penalty
Spiritual Law
Canon Law
Ecclesiastical Law
Presence
In Presentia Partium
Folly
Sufficiency
Amends
Satisfaction
Strictness (streit)
Narrowness (streit)
Opinion
Unreasonable
Compromise
Word (parolx)
Discharge
Avail
Unavailing
Void Discharge
Reasoning
Rehearsal
Point
Advice Of Counsel
Void Matter
Entirety
Whole
Parcel
Usage (use)
Determination (determine)
Void Portion
Portion
Grievance
Aggrieved
Bad Plea
Contradiction (contrariousitie)
Confession
Surmise
Departure
Readiness (prist)
Tout Temps Prist
Distinction (diversitie)
Sufficiency (suffist)
Holding (tenus)
Good Distinction
Excuse Of Penalty 11
Agreement
Payable
Effect
Money (deniers)
Nonpayment
Delimitation (limit)
Effect Of Arbitration
Thinking (entent)
Effectual
Proviso
Provision
Delivery
Writing (scripts)
In Writing
In Scriptis
Taking Effect
Partibus Hoc Petentis
Feast
Demand
Quarter
Year
Quarter Year
Once
Adjournment
Conception
Conception Of Action
Good Enough
Award (garde)
Undertaking (emprest)
Title
Trial
Ignorance (ne savoit)
Good Action
Void Arbitration
Void Award
Fullness (plein)
Full And Certain
Master
Power
Binding (tire)
Power Of Arbitration
Command
Servant
Buying (achater)
Goods
Factor (agent)
Attorney
Making Attorney
Factor
Merchandise
Contract
Hands
In Hand
Cause
Giving Power
Ergo
Mischief
Person
Remedy
Action Of Account
Account
Recovery
Against Reason
Warranty
Warrant
Pro Loco & Tempore
Warrantia Cartae
Warranty Of Charters
Impleading
Voucher
Assize
Scire Facias
Request
Making Request
Minister
Administration
Ministering
Pending
Execution
Foundation
Course
Course Of Law
Due Process
Process
Order
Order Of Law
Order Of The Law
Bailiff
Lease
Making Lease
Acre
Entry
Trampling (defoule)
Lessee
Action Of Trespass
Trespass
Damages
Aid
Abstaining 12
Abstinence
Punishment
Nonfeasance
Rising (surd-)
Arising
Deed (fait)
Understanding (prise)
Strictly (stretment)
Keeping (garder)
Damage
Holding Harmless
Denial (negaverunt)
Agreement (concessit)
Aiding (eidera)
Query
Strength (pluis fort)
(Contra Proferentem)
Benefit
Beneficial
Act Of The Court
Restraint
Restraining
Warrant Of Attorney
Seisin
Livery
Widow (feme)
Demand
Dower
Marriage
Matrimony
Never Accoupled
Ne Unques Accouple
(Lawful Matrimony)
Curtesy
Tenant By The Curtesy
Argument
Advantage
Husband
Lawfulness
Lawfully Accoupled
Possession
Wife In Possession
Sureness (suer)
Estate
Sure Estate
Malady
Sickness
Illness
Medicine
Necessary
Necessaries
Necessity
Money (argent)
Part
Expression
Expressly
Alienation
Fee
In Fee
Avowry
Alienee
Tenant
Driven (chase)
Truth (voire)
Statute
Attending
Chief Lord
Lord
Capitali Domino
Particularity
Pro Particula Illa
Change
Manner
Impossible Condition
Illegal (encouner ley)
Illegal Condition
Illegality
Indifference
Impartiality
Stat Indifferenter
Feoffment
Name
Naming
Person (parson)
Nomination
Void Nomination
Knowledge (saver)
Making Feoffment
Canonist (savonist)
Sorbonist
(Theologian)
(Philosopher (sophonist))
Canon Lawyer
Civilian (civilliones)
Roman Law
Civil Law
Civil Lawyer
New Case
Novel Case
Anient
Resort
Law Of Nature
Nature
Natural Law
Ground
Grounding
All Law
Common Weal
Commonweal
Commonwealth
Wealth
Common Good
Utility
Policy
Positive Law
Our Law
Belief (croy)
Wrong (tortes)
People
End (fines)
Fear (timer)
Doubt
Way (voy)
Weighing (poiser) 13
Weight
Sight (view)
Case Of First Impression
Precedent (president)
Touch
Uncertain Thing
Outward
Arising (surrexerunt)
Rising
Special Command
Folio
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