Description (Repository) |
516. William Doget and his wife Isabel came before the justices here and claimed an assessment of the damages that they suffered at the time of the intrusion of Martin Horn upon a messuage with appurtenances in London, as was found by an assize held between them. Martin comes and says that
114
The Plea Roll
the damages should not be assessed because the [plea of] intrusion was not taken according to the law and custom of the City because it was taken by Walter Hervy, then chamberlain, without the sheriff being present. Because William and Isabel acknowledge that the [plea] was taken without the sheriff and on inspection of the rolls of the last eyre it is found that assizes of this kind concerning intrusion should be taken before one sheriff at least if the other cannot be present, and before the alderman of the place where the intrusion took place,1 it is adjudged that there be nothing for the damages and that Martin recover his seisin.
[Nota] 121. De placitis assise nove disseisine non tenendis sine vicecomite [cf. 524 no. 121].
1. Cf. London Eyre, 1244, no. 243. |