A.D. 1337. Dower. MICHAELMAS TERM IN THE ELEVENTH YEAR OF THE REIGN OF KING EDWARD THE § Note, it was found by the verdict of the Assise that one Adam and Agnes his wife purchased certain tenements, to have and to hold &c. for ever. They had issue between them Piers the elder and Henry the younger; and Adam gave the same tenements to Henry his younger son to hold to him and his heirs for ever, and Henry at that time was under age; and Henry was seised, by that feoffment, for three weeks and more; and afterwards Adam and Agnes entered the same land with the assent of Henry, who was then under age, and held the land during Adam's life, and after his death Agnes held the same land all her life and died seised; and after her death Piers entered as son and heir. And now came Henry and brought the assise against him who is now tenant and against others who were at the entry which Adam and Agnes made. And because at the time of that entry Henry was under age, so that he could not assent to the entry, it was adjudged a disseisin: wherefore it was adjudged that he should recover seisin of the land, and his damages taxed by the Court.--So see concerning this. § In a writ of Dower the tenant vouched to warranty the heir of the husband of the woman &c., who was under age, and whose body and part of whose lands were in ward to the Abbat of Peterborough, and part of whose lands were in ward to one William de F., who shall be summoned. Now came the Abbat of Peterborough and said by Stouford that one Robert has in DE TERMINO MICHAELIS ANNO REGNI REGIS EDWARDI TERTII A CONQUESTU XIo. § Nota qe trove fut par verdit dassise qun Adam A.D. 1337. et Agnes sa femme purchaserent certeins tenementz a aver et tenir &c. as toutz jours; il avoint issue entre eux Piers eisne et Henri le puisne, et Adam dona mesme les tenementz a Henri son fitz puisne a tenir a lui et a ses heirs a toutz jours, et Henri a cel temps deynz age, et Henri fut seisi par cel feffement par treis semeynes et plus, et apres Adam et Agnes entrerent mesme la terre del assent H., et adonges fut deynz age, et tyndrent la terre a la vie Adam, et apres son deces Agnes tint mesme la terre tote sa vie et morust seisi; apres son deces Piers entra com fitz et heir; et ore vynt H. et porta lassise vers cesti qore est tenant et devers autres qe furent al entre qe Adam et Agnes feseient. Et pur ceo qe a cel temps de cel entre H. fut deynz age issint qil ne pout assentir al entre, fut ajugge une disseisine; par quei agarde qil recoverast seisine de terre et ses damages taxes par la court &c. Et sic de hoc vide. En un bref de Dower le tenant vocha a garrantie Dower. le heir le baron la femme &c. qe fut deynz age, qui corps et partie des terres furent en la garde labbe de Burghe Seynt Piere, et partie des terres en la garde un William de F., qe serront somons. Ore vynt labbe de Burghe et dit par Stouf. qun Robert ad en garde Q 966. M A.D. 1337. ward, of the heritage of the infant, one messuage and one carucate of land in such a county, and in such a vill, whom he has omitted in that voucher, judgment of this voucher.-Rokel offered to aver that that Robert had nothing in the wardship &c.-And the other side said the contrary. And upon this Gayneford prayed dower for the woman. And because the Court could not know whether the judgment should be given against the tenant or against the heir, the judgment was delayed from the woman until the issue was taken. Aidprayer. § The tenant said that he had nothing in the tenements except for the term of his life by lease from one J. who granted the reversion to W., on which grant we attorned to him; so the reversion is in W., and we pray aid &c.-Kelshulle. Say what estate he has in the reversion; for he may in the reversion have such an estate that you shall have aid of him, and such an estate that you shall not have aid of him.-Stouford. The deed of grant ought not to be with us but with him to whom the grant was made, and thereby, however the grant was made &c., we shall have aid &c.-And nevertheless he was driven to say how the reversion belonged to William.-Stouford said that the reversion was granted to him for life.-Kelshulle. Now we pray judgment, since he whom he prays in aid has neither fee nor right, judgment if he ought to have aid.--Stouford. Perhaps it may be that on the lease of the tenements which the lessor made he reserved to himself a rent, to the value of the land, which rent William will have after the grant of the reversion; wherefore by the recovery of the demandant that rent will be extinguished, wherefore it is right that by the aid-prayer he be made party to this plea.-ALDEBURGH. One has seen that the aid has not been granted of him to whom the thing remains in fee tail because perchance he will never have anything.Stouford. Sir, that reason holds good where the thing is limited by way of remainder, but here he has an estate vested by attornment &c.--SCHARSHULLE. It is only grantable for a cause, either because he who is prayed in aid del heritage lenfaunt un mies et une carue de terre en A.D. 1337. tiele counte, en tiele ville, qe il ad entrelesse en cel voucher, jugement de cesti voucher.--Rok. tendi daverer qe celi Robert navoit riens en la garde &c. Et lautre le revers &c. Et sur ceo Geyn. pria dower pur la femme. Et pur ceo qe la Court ne pout saver le quel le jugement se taillereit vers le tenant ou vers le heir, le jugement fut delaye vers la femme tanqe lissue fut prise. § Le tenant dit qil navoit riens en les tenementz Ayde fors qe a terme de sa vie de lees un J. le quel granta prier. la reversion a W., par quel grant nous attornames a lui, issint est la reversion [a W.], et prioms eide &c. -Kels. Ditez quel estat il ad en la reversion, qar tiel estat poet il aver en la reversion qe vous averetz eide de lui, et tiel estat qe vous naverez pas eide de lui. -Stouf. Le fait de grant ne deit pas demorer devers nous, eynz devers celui a qi le grant se fist, et en tant, coment qe le grant se fist &c. nous averoms eide &c. Et nepurkant il fut chace a dire coment la reversion fut a William. Stouf. dit qe la reversion fut grante a lui a terme de sa vie.-Kels. Ore demandoms jugement, del hure qe celi qil prie en eide nad fee ne dreit, jugement sil deive eide aver.-Stouf. Poet estre qe par cas sur le lees des tenementz qe le lessour fist qil reserva une rente a lui et a la value de la terre, la quele rente William avera apres le grant de reversion, pur quei par le recoverir del demandant cele rente serra esteinte, par quei il est reson qe par eide prier il soit fait partie a ceo plee.-ALD. Homme ad vew qe leyde nad este grante de celui a qui la chose demoert de fee taille [pur ceo qe par cas il navera jammes rien.-Stouf. Sire, cele reson se tynt en cas ou la chose est taille par voie de remeindre, mes icy il] ad estat vestu par attornement &c.-SCH. Il nest pas grantable fors qe par cause, ou pur ceo qe celui 1 The passage in brackets is taken from I. and is not in T. A.D. 1337. may give a higher answer than the tenant could, or because the tenant may have advantage by the aid in aid-prayer; but here there is neither one nor the other; where it seems that he shall not have it &c. Debt. § One William brought his writ of Debt against Robert, and demanded a certain debt from him as son and heir of John, by virtue of John's obligation.-Parning. John had two other sons, namely Adam and Richard, and he died seised of certain land which is partible amongst males situate in such a county and in such a vill, which land has been divided between those three, and Richard and Adam held their purparty on the day when the writ was purchased and they still hold it as heirs of John, and they are not named in this writ; judgment of this writ.-Trewith. You admit that Robert is son and heir of J., and your plea is not a plea to us if you do not say that Robert has nothing by heritable descent as sole heir of J.-Parning. Although Robert be issue of John, and thereby his heir at common law, yet that does not make him debtor by virtue of his father's bond; but this does, that he has assets by descent as heir of John; wherefore since I show that others, as well as Robert, have by descent as heirs of John, we do not think that this writ should be maintained against Robert alone.-Trewith. If Robert have land by descent at common law as heir, and also Robert and his brothers have partible land by descent, if I bring a writ against them in common as heir &c., I should suppose them to be heirs quite equally in common, which would be unreasonable. —ALDEBURGH. Not so; if one have nothing of what descended to him, and another have something, you will have execution against him who has; as if you bring a writ of Debt against parceners, as one heir, on the deed of the ancestor whose heirs they are, and one has his share and the other has aliened his share, |