| 1473.005 |
1473 |
King's Council (Star Chamber), Exchequer Chamber |
(Restitution of goods) (Felony for breaking bulk) |
Felonie |
| Pasch. |
13 |
Edw. 4 |
5 |
9a-10b |
Bryan, Thomas CJCP Brian
Huse, William AG Hussey l' Atturnie le Roy Hosy
Stillington, Robert LC Le Chancelor Le Chaunceller
Molyneux, Robert Molineux Molenerz
Bryan, Thomas CJCP Brian
Vavasour, John Vavisor Vauesour
Choke, Richard JCP
Stillington, Robert LC Le Chancelor le Chaunceler
some ascuns
the Justices
Nedeham, John JKB Nedham Nedam
Nedeham, John JKB Nedham Nedam
Laken, William JKB Laicon
Bryan, Thomas CJCP Brian
the Justices
Stillington, Robert LC chaunceler
the majority (plusors) (of the Justices) |
alien merchant |
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|
|
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Star Chamber
Southampton (Southamptoun)
Nottingham (Notingham), eyre of |
|
Fitzherbert Corone 40, Estrey 1, Denizin 2
Brooke Corone 159 (not 160 or 40), Denizen 5 (not Alien) |
1328.003 = Hi. 2 Edw. 3, pl. 3, fol. 1b, Mich. 2 Edw. 3, in Indictment
Nottingham Eyre, 8 Edw. 3
1317.067ss = Pasch. 10 Edw. 2, pl. 37, 54 SS 140-141, not 4 Edw. 2, in Trespass
12 Edw. 4, fol. 8
Stanford, Plees del Coron 25 a (four times)
3 Hen. 7, fol. 12
21 Hen. 7, fol. 14 (thrice)
27 Edw. 3, Lib. Ass. p. 39 (twice)
1 Hen. 7, fol. 10
32 Hen. 6, fol. 27 (twice)
2 Ric. 3, fol. 2, 12
3 Hen. 7, fol. 12 (twice)
7 Hen. 6, fol. 45
5 Hen. 7, fol. 18
33 Hen. 6, fol. 27
Stanford, Plees del Coron 186 a |
speedy remedy by law merchant = 27 Edw. 3 (1353), stat. 2, ch. 20 (1 Stat. Realm 340)
the statute = 18 Hen. 6 (1439), ch. 8 (2 Stat. Realm 307) (that safe conducts be enrolled and the number of sailors and the name of the vessel)
the statute = perhaps 27 Edw. 3 (1353), stat. 2, ch. 19 (forfeiture of merchandise)
the statute = 31 Hen. 6 (1452) ch. 4 (2 Stat. Realm 363-364) (aliens sue denizens before the Council) |
| En le Starr Chambre devant le Counsaile le Roy tiel matter fuit monstre & debate, lou un |
92 |
(Plaintiff merchant alien brought suit (before the Council that whereas a defendant had made a bargain to carry certain bales with other things to one place, that defendant took the goods, carried them to another place, broke open the bales, took the goods contained in the bales feloniously, converted them to his own use, and hid them suspiciously, and that defendant sheriffs claimed the same goods as waif (abandonded goods, and alleged prescription to have waif, and plaintiff alien merchant prayed to have restitution of his goods.)
Such matter was shown and disputed before the King's Council in Star Chamber.
The case was whether or not this could be called felony.
Bryan CJCP said that this was not felony because defendant had lawful possession and could not take the goods with 'force and arms' or 'against the peace'.
Huse AG, the King's Attorney, said that notwithstanding the bailment to defendant this taking could be felony well enough.
Stilington LC, the Chancellor, said that felony was felonious intent and that defendant could have had felonious intent.
Molyneux, an Apprentice, said that defendant's act could be a felony or a trespass depending upon defendant's intent.
Bryan CJCP said again that when defendant had the goods by bailment, nothing defendant could do would make defendant's act bad (felony).
Vavasour said that defendant's behaviour after receiving the goods made defendant a felon.
Choke JCP said that defendant's possession of the bales was lawful but when defendant broke into the bales and took what was inside them the contents were not bailed to defendant so this made defendant's act a felony.
It was moved to Stillington LC that this matter ought to be determined at common law and not here (before the Council).
Stillington LC said that plaintiff alien merchant, who had the king's letters of safe conduct to come here, was not bound according to the law of the land to await trial by jury, but ought to sue here (in Council) and would be tried (determine) according to the law of nature called law merchant, in the Chancery.
Stilington LC also said that plaintiff alien merchant's safe conduct would be allowed even though it did not state the number of mariners or the name of the vessel.
Then the matter of felony was argued before the Justices in the Exchequer Chamber.
There it was held by all except Nedeham JKB that where goods were bailed to defendant, he could not have taken them feloniously.
Nedeham JKB said that defendant could have taken plaintiff's goods feloniously.
Laken JKB said that defendant's bargain to carry was not a bailment to defendant, so defendant's intent when he took the goods could make defendant's taking a felony.
Bryan CJCP said that in both cases it was not a felony, nor was the breaking of the bales.
Then the Justices reported to Stillington LC in the Council (consaile) that the opinion of the majority (les plusors) of the Justices was that it was a felony; and (that) even though it was a felony yet the goods could not be claimed (by defendant sheriff) as waif, because it appeared here that plaintiff who sued here for the goods was an alien, that the king had granted plaintiff alien merchant safe and secure conduct as well in body as in goods, that this was a covenant between the king and plaintiff alien merchant, so that plaintiff alien merchant should not lose the goods when they were taken by felony, nor should plaintiff alien merchant be put to sue against the felon nor could defendant sheriffs claim them by prescription. |
MS interlineation: 'de wade' (only reference to woad (a dye)
Bryan CJCP: lou il aver le possession per le partie per un baile & delivere, &c. loyalment il ne poit en apres estre dit felonie ne trespass, car nul felonie ne poit estre forsque ove violence & 'vi & armis', & tiel que il mesme aver il ne poit prendre ove 'vi & armis', ne 'contra pacem': 'ergo' il ne puit estre felonie ne trespas, car il ne poit nul accion aver d' ceux biens forsque accion de Detinue, &c.
Huse AG (l' Atturnie le Roy): felonie est de claimer felonisement le property (MS: bienz ... de le partie) sans cause al entent a fraude (MS: entendant a defrauder) cesty en que le propertie est, &c. 'animo furandi', & icy non obstant le baillement, 'ut supra', le property demurra en cesty que le baille, &c. donques cest propertie puet auxibien cesty a que ils fuerent bailles claime felonisement, come puit un estranger, 'ergo' il poit estre felony assets bien
Stillington LC: Felonie est solonque l' entent, & son entent puit estre felonious auxibien icy, come il n' aver le possession, &c.
Molyneux: chose loyalment fait poit estre dit felony ou trespass solonque l' (MS added: cas et) entent, &c. s. si cesty que fist le fait ne pursue le cause pur que il prist lez biens, come si home distreine pur dammage fesant ou rent arrere, & puis il vende les biens & occide les avers, cest tort ore, ou (MS interlineation: et unqore) al commencement il fuit bon, issint (MS added; icy et isssint est) si home veigne en taverne a boyer cest loyal, mes s' il enport le peece (= drinking cup), ou fait auter trespass, ore tout est male, &c. issint coment que le prise fuit loial a carier 'ut supra', &c. quant il prist les biens (MS added: et Caria) a auter lieu 'ut supra', il ne pursua son cause, &c. issint per son fait apres il poit estre dit felonie ou trespass solonque l' entent, &c.
Bryan CJCP: Lou home fait chose de son teste demesne, il poit estre fait loyal en case, & en case nemy, solonque son fait apres, come en le cases que vous aves mis, car la son entent serra ajudge solonque son fait, &c. mes lou jeo aye biens de vostre baillement, cest prise ne poit estre fait male apres per nul chose, &c.
Vavasour: Sir moy semble que nostre case est meliour que un baillement, car icy les biens ne fueront deliveres a luy mes un bargaine que il duist carier les biens a S. 'ut supra', & donques s' il eux prist a carier illonques, donques il eux prist per garrant, & le case mis ore sur le matter monstre (MS added: en evidence), cest assavoir, demenour (= behaviour) apres prove que il eux prist come felon, & a auter entent que a carier, 'ut supra', en quel case il eux prist sanz garrante & cause, eo que il ne pursua le cause, issint est il felony, &c.
Choke JCP: Moy semble ou home ad biens en son possession per reason d' un baillement, il ne poit eux prendre felonisement esteant (MS: ou il est en) en possession, mes uncore il semble icy que il est felony, car icy les choses queux fueront deins les bales, ne fueront bailles a luy, eins les bales come chose entier fueront (haplography in Hemmant MS) bailes (MS: deliverez), 'ut supra', a carier, &c. en quel case s' il ust done les bailles ou vende les, &c. cest ne serra felony, mes quant il eux freint (= broke, MS: enfreint) & prist hors de cest que fuit deins, il fist ceo sans garrant, come si un bailla un tonne de vine a carier, s' il vende le tonne il n' est felony ne Trespass, mes s' il prist dehors (MS added: xx livres (= pints, Hemmant trans.), cest felony, & icy les xx li. (= pints, Hemmant trans.) ne fueront bailles a luy, & paraventure il ne savoyt de ceo al temps del bailement &c. issint (MS added; est) si jeo baile le clefe (MS: Cliffe) de mon Chambre a un (MS omitted: agarder mon chambre, s' il prist mes biens en cest chambre, cest felony, car ils ne fueront bailles a luy, &c.
Et fuit move per ascuns al Chancelor que cest matter duist estre determine al common ley, & nemy icy
Stillington LC: Cest suit est pris per un marchant alien, que est venus per safe conduit icy, & il n' est tenus de suer solonques le ley del terre a tarier le trial de xii. homes, & auters solempnities del ley de terre, mes doit suer icy, & serra determine solonque le ley de nature en le Chancery, & il doyt suer la de heur en heur & de jour pur le spede des Marchants, &c.; Et dit oustre que marchants, &c. ne serra lies par nostre statutes, lou les statutes sont 'introductiva novae legis', mes ils sont 'declarativa antiqui juris', cestassavoir, nature, &c.; Et coment que ils sont venus deyns le royalme pur cest le Roy ad jurisdiction d' eux de mitter d' estoyer al droyt, &c. mes cest serra 'secundum legem naturae' que est appelle per ascuns ley Marchant, que est ley universal per tout le monde,
(Hemmant MS:) Cest baille poet estre prise par vn marchaunt alien que est venuz par saiffecunde icy il nest tenuz de suer solonq le ley del terre a terier (Hemmant suggested 'terger') le trielle de xii homez et autrez solempnitez de le ley de terre mez doit suer icy; Et serra determiner solonc le ley de natur en le Chauncere et il doit suer (Hemmant inserted la) de hour en hour et de iour en iour pur lez speding dez marchauntz; Et dit oustre que marchauntz ne serront liez par nostre statutez lou lez estatutez sont introductiua noue legis mez lou ils sont declareant antiqui Iuris nature Et Coment quilz sont venuz deinz le Roialme pur Ceo le Roy ad iurisdiccion de Ceux de mitter destoier al droit etc.; Mez Ceo serra secundum legem nature que est appelle par ascunz ley marchaunt que est ley vniuersalle par tout le monde
(Stilington LC, continuing) & il dysoyt que il ad este ajudge que non obstant le statute que voet que safe conduits soyent enrolle & le nombre (MS: nomez) des mariners & le nosme del vessel, &c. que lou alien aver safeconduit, & n' aver les dites circumstances en cel, & tamen il fuit allowe, car l' aleyns disoyent que ils ne sont tenus de conustre nostre statutes, & ils venoyent per cause del sea e (MS; seale) le Roy, cestassavoir, son conduit (MS: saffecondit), & s' il ne serra sufficient, donques il serra resceu (MS: disceue), &c.
Et tamen ascuns disoient que le statute fait de forfaiture des marchandise lia aliens auxibien come denizens, &c.
Et fuit dit que un denizen, ne duist suer alien devant le counsaile (MS: Counselle), mes l' alien doit suer le denizen, tamen ascuns disoient que ceo fuit per statut
Et puis le matter de felonie fuit argue devant les Justices en l' Eschequer chambre, & la fuit tenus per touts forsque Nedeham JKB que ou biens sont bailes a un home, il ne poit eux prendre felonisement,
mes Nedeham JKB tient le contrarie, car auxy bien poit il eux prendre felonisement (haplography in MS:) come un auter, & dit que il ad este tenus que home poit prendre ses biens demesnes felonisement, come si jeo baile biens a home a garder, & jeo veigne privement (MS added: Come felon) a l' entent que jeo voile recover dammage vers luy en Detinue, &c. & preigne les biens (MS added: come felone) privement, (MS omitted:) cest felony, &c.; Et fuit tenus que lou home ad possession, & ceo determine, il poit donques estre felon de eux, come si jeo baile biens a un a carier a ma meason, & il port eux al meson, et puis les prist dehors, cest felonie, car cest determine, cestassavoir, son possession quant ils fueront en le meason, &c. mes si un taverner serve un home ove un pece (= drinking cup, MS: peas), & il enport ceo, cest felony, car il n' aver possession de cest peece (MS: peas), car il fuit mise sur la table forsque de luy server a boyer, &c.; Et issint est de mon butler ou cooke (MS: selerer = cellarer) en ma meason, ils sont forsque ministers de moy server, & s' ils enporte, &c. cest felonie, car ils n' averont possession, mes le possession fuit tout temps en moy, auter est s' ils fueront bailes a les servants paraventure, issint que ils sont en possession de eux, &c. il n' est felonie, &c.
Laken JKB: Moy semble diversitie entre baillment des biens (MS: bunz) & un bargaine a prendre & carrier, &c. car per le bailment il ad le possession deliver, &c. mes per le bargaine il n' ad possession (MS had: conust a eus) tanque il eux preigne, &c. le quel chose s' il eux preigne a carier, donques est il loyal, &c. mes s' il eux preigne a auter entent que a les carier, issint que il ne pursue le cause, moy semble que il serra dit felonie assets bien, &c.
Bryan CJCP: Moy semble que il est tout un, bargaine a carier eux, & un bailment, car en ambideux cases il ad aucthoritie del partie mesme a que le propertie fuit, issint il ne poit estre dit felonie, &c.
Mich. 2 Edw. 3 (MS: anno primo Edwardi tercii)en un enditement 'quod felonice abduxit unum equum' ne vaut, mes covient estre 'cepit',
simile in itinere Nott. (MS: Notingham anno octauo Edwardii tercii), Anno 8 Edw. 3, &c.
Et en ceo case le prise ne poit estre felonisement, pur ceo que il ad le possession loial, donques le debruser des bales n' est felonie, &c
Vide Anno 4 Edw. 2 (Anno quarto Edwardi secundi), in Transgressioun de ceo que il aver achate un tonel de vine (MS: tonelle de vyne) del defendant & ceo en son garde, le defendant la vient ove force & armes, & debrusa le tonel, & enport parcel del vine, & remplie (MS: remplete) le tonel ove ewe &c.; Et pur ceo que il appiert que il aver possession devant, le brief que fuit 'vi & armis', fuit challenge, & tamen il fuit agarde bon, & il pleda de rien culpable, &c.
Et puis les Justices fieront report al Chancelor en le counsaile que l' opinion de les plusors de eux fuit que il fuit felonie; Et coment que il est felonie, uncore les biens ne purra estre claime come waife, car il appiert icy que cesty que sua icy pur les biens est alien, & le Roy ad grant a luy 'salvum & securum conductum' tam in corpore quam in bonis', & cest un covenant enter le Roy & luy, donques si un felon eux preigne, il n' est reason que cesty alien eux perde, & de luy mitter a suer vers le felon, mes il suera al Roy sur cest covenant, & issint il semble le Roy meme ne poit aver tiels biens come waif, & pur meme le reason il ne poit grante a auter, ne nul auter poit eux claima per prescription
Et nota le case fuit que le Vicont de Londres claima les biens avantdits come waife, &c. & allege prescription d' aver waife, &c. |
| Fitzherbert Corone 40, fol. 210r, Estrey 1, fol. 292v, and Denizin 2, fol. 230r, dated this Mich. 13 Edw. 4, fol. 9 |
Robert Stillington was Chancellor from 1471 to 18 Jun. 1473. Robert Molyneux was an Apprentice (Baker, Readers and Readings, p. 24). John Vavasour was an Apprentice created Serjeant in Jun. 1478 (Baker, Readers and Readings, p. 66). Thomas Bledlowe and John Broun were Sheriffs of London from Mich. 1472 to Mich. 1473. |
such matter: where one had made a bargain with another to carry certain bales with, etc. (Hemmant MS interlineation: de wade, of woad (a dye) (possibly wood?)) and other things to Southampton, and he (who bargained to carry them) took them and carried them to another place (lieu), and broke open (debrusa) the bales and took the goods contained in the same (bales) feloniously and converted them to his own use, and concealed them (misa les suspiciousment, mise les susspeccousment)
and the case was whether this could be called felony or not
Bryan CJCP: it seems to me that it was not a felony, because whereas he had the possession from the party (who bargained with defendant) by a bailment and delivery, etc. lawfully, it cannot afterwards be called a felony nor a trespass, because there can be no felony except with violence and 'force and arms' (vi & armis), and what he (defendant) himself has he (defendant) cannot take with 'force and arms', nor 'against the peace': ergo it cannot be felony nor Trespass, because he (whose goods they had been) could not have any action for those goods except an action of Detinue, etc.
Huse AG (the King's Attorney): it is felony to claim the property feloniously without cause (MS added: from the party) with the intent to defraud him in whom the property is, etc. (with) 'intent to steal' (animo furandi), and here notwithstanding the bailment 'as above', the property remained (demurra) in him who bailed it, etc. thus he to whom they were bailed (defendant) could claim (the goods) feloniously as well as a stranger could, 'ergo' it can be felony well enough
Stillington LC: felony is according to the intent and his (the defendant's) intent could be felonious, as well here as (if) he did not have the possession, etc.
Molyneux (in agreement): a thing lawfully done can be called a felony or a trespass according to the intent (MS added: and circumstances (cas)), etc. that is, if he who committed the deed (defendant) did not pursue the cause for which he took the goods (to carry them to Southampton), as if one distrain (animals or goods) for damage feasant or rent in arrears, and then he sells the goods and kills (occide) the animals, this is a wrong (tort) now, where at the commencement it was good, so if one comes into a tavern to drink, this is lawful, but if he carries off the drinking cup (peece), or commits some other trespass, now all is bad (principle of relation back), etc. so even if the taking was lawful to carry (the bales to Southampton) 'as above', etc. when he (defendant) took the goods to another place 'as above' he (defendant) did not pursue his (lawful) cause, etc. so by his deed afterwards it can be called a felony or trespass according to the intent
Bryan CJCP: where one does a thing on his own (de son teste demesne), it can be lawful in some cases, and in other cases not, according to his subsequent deed, as in the cases that you (Molyneux) have put, because there his intent will be adjudged according to his deed, etc. but where I have goods by your bailment, this taking cannot be made bad afterward by anything (I do)
Vavasour: Sir, it seems to me that our case is better than a bailment, because here the goods were not delivered to him (defendant) but (there was) a bargain that he (defendant) ought to carry the goods to Southampton 'as above' and thus if he (defendant) had taken them to carry them there, then he (defendant) took them by warrant, and the case put now on the matter show, that is to say, behaviour (demenour) afterwards proves that he (defendant) took them (goods) as a felon, and for another intent than to carry them 'as above', in which case he (defendant) took them (goods) without warrant and cause, in that (eo que) he did not pursue the cause, so it is felony, etc.
Choke JCP: it seems to me that where one has goods in his possession by reason of a bailment, he cannot take them feloniously, they being in his possession, but yet it seems here that this is felony, because here the things that were within the bales were not bailed to him, but the bales as entire things were bailed 'as above' to carry, etc. in which case if he had given away the bales or sold them, etc. this will not be felony, but when he broke into (freint, enfreint) them and took out what was inside, he did this without warrant, as if one bail a tun of wine to carry, if he sell the tun it is not felony nor trespass, but if he take out 20 pints (xx livres) this is felony and here the 20 pints (xx li.) were not bailed to him, and perhaps he did not know of this at the time of the bailment, etc. so it is if I bail the key to my room to one to guard my room, if he take my goods in my room, this is felony, because they were not bailed to him, etc.
and it was moved by some to the Chancellor that this matter ought to be determined at common law and not here (in the Council)
Stillington LC: this suit was taken by an alien (foreign) merchant, who has come by a (king's letter of) safe conduct here, and he is not bound (tenus) to sue according to the law of the land to await (a tarier) trial by jury (de xii. homes) and other solemnities of the law of the land, but (a foreign merchant) ought to sue here (in Council? Star Chamber?) and (this) will be tried (determine) according to the law of nature in the Chancery, and he ought to sue there from hour to hour and from day (to day) for haste (spede, speed) of merchants (allusion to 27 Edw. 3 (1353), stat. 2, ch. 20 (1 Stat. Realm 340), speedy remedy by law merchant), etc.; and (Stillington LC) said also that merchants, etc. will not be bound by our statutes, where the statutes are introductive of new law (introductiva novae legis), but (foreign merchants will be bound when) they (the statutes) are declarative of old right (declarativa antiqui juris), that is to say, nature, etc.; and even though they (foreign merchants) have come within the realm, so the king has jurisdiction over them to put them to stand (estoyer) to right, etc., but this will be 'according to the laws of nature' (secundum legem naturae) which is called by some 'law merchant', which is universal law for everyone (tout le monde), and he (Stillington LC) said that it had been adjudged that notwithstanding the statute (18 Hen. 6 (1439), ch. 8) that provides that (king's letters of) safe conducts be enrolled with the number of sailors (mariners) and the name of the vessel, etc., where an alien has a (king's letter of) safe conduct, and does not have the said circumstances (number of mariners, name of vessel) in this, and yet it was allowed, because the aliens said that they are not bound to acknowledge our statutes, and they came by reason (cause) of the king's seal, that is to say, his safe conduct, and if it be insufficient, then he (the alien merchant) would be deceived (resceu, should be disceive), etc
and yet some said that the statute made for forfeiture of merchandise (perhaps 27 Edw. 3 (1353), stat. 2, ch. 19) binds aliens as well as denizens, etc.
and it was said that a denisen ought not sue an alien before the Council, but the alien ought to sue the denizen (before the Council), yet some said that this was by statute (31 Hen. 6 (1452) ch. 4 (2 Stat. Realm 363-364))
and then the matter of felony was argued before the Justices in the Exchequer Chamber and there it was held by all except Nedeham JKB that where goods are bailed to one, he cannot take them feloniously
but Nedeham JKB held the contrary, because he (defendant) could as well take them (goods) feloniously as another, and (Nedeham JKB) said that it had been held that one can take his own goods feloniously, as if I bail goods to one to keep (a garder), and I come secretly (privement) with the intent that I want to recover damages against him in Detinue, etc. and I take the goods secretly (privement), this is felony, etc.; and it was held that where one had possession, and this ended (determine), he (the former possessor) can then be a felon of them (goods he formerly possessed), as if I bail goods to one to carry to my house, and he brings them to the house, and then takes them out, this is felony, becuase this (bailment) ended (determine), that is to say, his possession when they were in the house, etc. but if a taverner serves one with a drinking cup (pece), and he (the drinker) carries this off (enport), this is felony, because he did not have possession of this drinking cup (peece), because it was put on the table only to serve him for drinking (a boyer), etc.; and so it is for my butler or cook in my house, they are only ministers to serve me, and if they carry off (my goods), this is felony, because they have no possession, but the possession is always in me, (but) it is otherwise if they were bailed to the servants perhaps, so that they are in possession of them, etc,, it is not a felony, etc.
Laken JKB: it seems there is a distinction between bailment of goods and a bargain to take and carry, etc. because by the bailment he (bailee) had possession delivered (to him) but by the bargian he did not have possession until he (defendant) took them (goods), etc. which thing if he took them to carry, then it is lawful, etc. but if he took them by another intent than to carry them, so that he did not pursue the cause, it seems to be that he will be called a felon well enough
Bryan CJCP: it seem to me that a bargain to carry them and a bailment are all the same, because in both cases he (defendant) had authority from the party himself to whom the property was, so it cannot be called a felony
Mich. 2 Edw. 3 (1328.003 = Hi. 2 Edw. 3, pl. 3, fol. 1b), in an Indictment 'that he feloniously led away a horse' is unavailing (ne vaut), ought to have 'he took' (cepit)
similar in Nottingham Eyre, 8 (?) Edw. 3, etc.
(Bryan CJCP, continuing;) and in this case the taken can have been done feloniously, because he had lawful possession, so the breaking of the bales was not felony etc.
see 4 Edw. 2 (1317.067ss = Pasch. 10 Edw. 2, pl. 37, 54 SS 140-141), in Trespass that whereas he (plaintiff) had bought a tun of wine from the defendant and (while) this (was) in his (plaintiff's?) keeping, the defendant came there with force and arms, and broke into the tun, and carried off part of the wine, and refilled (remplie) the tun with water, etc. and because it appeared thathe had possession previously, the writ was 'with force and arms' and this was challenged, and yet it (writ) was awarded good, and he (defendant) pleaded not guilty, etc.
and then the Justices reported to the Chancellor in the Council (consaile) that the opinion of the majority (les plusors) of them was that it was a felony; and (that) even though it was a felony yet the goods could not be claimed as waif, because it appears here that he who sues here for the goods is an alien, and the king has granted him safe and secure conduct as well in body as in goods, and this is a covenant between the king and him (plaintiff alien merchant), so if a felon takes them, it is unreasonable that this alien lose them (the goods), and to put him (plaintiff alien merchant) to sue against the felon, but he will sue the king on this covenant, and so it seems the king himself cannot have such goods as waif, and for the same reason he cannot grant to another (to have such goods as waif) nor can any other claim them by prescription
and note the case was that the sheriff of London claimed the aforesaid goods as waife, etc. and alleged prescription to have waif, etc. |
| M. Hemmant, ed. Select Cases in the Exchequer Chamber, 64 SS 30-34 (1945) (case 12) (The Case of the Carrier who Broke Bulk) (Anon. v. The Sheriff of London) |
Star Chamber
Council
Matter
Showing
Dispute (debate)
Bargain
Carrying
Certainty
Bale
(Woad)
Thing (choses)
Taking (prist)
Place (lieu)
Breaking Open (debrusa)
Goods
Contents
Felony
Feloniously
Conversion
Use
To His Own Use
Own Use
Putting (misa)
Suspicion
Suspiciously
Case
Seeming
Possession
Party
Bailment
Delivery
Lawfulness (loyalment)
Trespass
Violence
With Violence
Force
Arms
Force And Arms
Vi Et Armis
Peace
Against The Peace
Contra Pacem
Ergo
Action
Detinue
Action Of Detinue
Attorney
King's Attorney
King
Claim
Property
Cause
Without Cause
Intent (entent)
Fraud
Defrauding
Animus
Animo Furandi
Stealing
Notwithstanding
Ut Supra
Remaining (demurra)
Bailor
Bailee
Stranger
Sufficiency (assets)
Well Enough
Chancellor
Felonious Intent
Ad Idem
Lawful Thing
Act (fait)
Pursuit
Distraint
Damage Feasant
Rent
Arrears
Sale
Killing (occide)
Animal (avers)
Wrong (tort)
Commencement
Outset
Good Taking
Tavern
Drink
Drinking
Carrying Off (enport)
Drinking Cup (peece)
(Bad Entry)
(Relation Back)
Lawful Taking
On HIs Own
De Son Teste Demesne
Head (teste)
Willingness
Wilfulness
Case
Adjudging
Bad Taking
Better Case (meliour)
Elsewhere (illonques)
Warrant
By Warrant
Evidence
In Evidence
Cestassavoir
Behaviour (demenour)
Demeanour
Proof
Without Warrant
Without Cause
Reason
By Reason
Being
Whole Thing (entier chose)
Entirety
Breaking Into (freint, enfreint)
Tun
Wine
Pint (livres)
Perhaps (paraventure
Knowledge (savoyt)
Ignorance
Time
Key (clefe, Cliffe)
Chamber
Room
Guarding
Keeping
Motion
Determination
Trial (determine)
Common Law
At Common Law
Suit
Merchant
Alien
Merchant Alien
Coming
Safe Conduct
Safety
Conduct
Binding (tenus)
Law Of The Land
Awaiting (tarier)
Delay (tarier)
Trial
Jury (xii. homes)
Twelve Men
Trial By Jury
Solemnity
Solemnities Of Law
Law Of Nature
Natural Law
Chancery
Hour
From Hour To Hour
Day
From Day To Day
Speeding
Haste
Speed
Statute
Introduction
Introductive
Introductiva Novae Legis
New Law
Declaration
Declarative
Declarativa Antiqui Juris
Old Right
Nature
Juris Nature
Antiqui Juris Nature
Realm
Within The Realm
Jurisdiction
Stand (estoyer)
Stand To Right
Right
Secundum Legem Naturae
Natural Laws
Calling
Law Merchant
Universality
Universal Law
Everyone (tout le monde)
World (monde)
All The World
Enrollment
Roll
Number (nombre)
Mariner
Sailor (mariner)
Name
Vessel
Ship
Circumstance (sercunstauncez)
Tamen
Allowance
Knowledge (conustre)
Seal
King's Seal
Insufficiency
(Deception)
(Deceipt (disceue))
Receipt
Forfeiture
Merchandise
Denizen
By Statute
Argument
Holding (tient)
Contrary
Own Goods
Taking Own Goods
Keeping (garder)
Secrecy (privement)
Recovery
Damages
End (determine)
Termination (determine)
Felon
House
Bringing (port)
Taverner
Serving
(Table)
Butler
Cook
(Cellarer)
Minister
Servant
Always
Distinction (diversitie)
Authority
Indictment
Abduction
Horse
Abduxit
Felonice Abduxit Unum Equum
Unavailing (ne vaut)
Avail
Cepit
similarity
Eyre (itinere)
Year
Breaking Into (debruser)
(Breaking Bulk)
(Bulk)
Sight (Vide)
Buying (achate)
Parcel
Refilling (remplie, remplete)
Water (ewe)
Appearance
Challenge
Award
Good Writ
Pleading
Not Guilty
Rien Culpable
Report
Making Report
Opinion
Majority (plusors)
Waif
Abandoned Goods
Grant
Salvum & Securum Conductum
Security
Body (corpore)
Tam In Corpore Quam In Bonis
Covenant
Covenant With The King
Unreasonable
Loss (perde)
(Allegation)
Prescription
Note
Sheriff |
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