Novel Dis seisin, when the husband leased his right de manded to the plain tiff for the term of his life and died, after &c. the heir &c. and others disseised and the heir was TRINITY TERM IN THE TWELFTH YEAR OF THE REIGN OF KING EDWARD THE THIRD FROM A.D. 1338. § Alice who was the wife of R. de S. brought an assise Assise of of Novel Disseisin against M. who was the wife of J. de E. and several others, and made the plaint for two parts of the manor of Budwerk.-Pole answered for M. as tenant of a third part of two parts, and said that she held that third part in name of dower, by the endowment of John her husband, and by the assignment of the guardian of John's heir, and was ready to be intendant to whomsoever the Court should award, without committing any tort. And as to all the others except one, he said that they had committed no tort; and as to that one he said as tenant that all the rest he entered the tenant, on after the death of his father as heir, without tort. -Wherefore the Assise was awarded.-And he afterunder age wards said that M.'s husband enfeoffed Alice, who was lord seized the wife of R. de S., who brings this assise, after her marriage, to hold for her life, and delivered seisin to her, and then after the death of John she was ousted by the the wife; others, and the land was seized into the lord's hands by was found, reason of the nonage of John's heir from whom she demanded dower, and the guardian assigned to her that recovered third part for her dower: and such is the fact; and we parts and pray your advice. It was inquired if she assented to the rever that ouster: and they said No. It was inquired what were the damages if damages should be awarded for the entirety. They said 201.-Gayneford for the plaintiff. It is found by verdict that Alice had an estate by the tion to the deed of John, by which deed she had her warranty; and the the ward ship and endowed and this and the plaintiff the two sion of the third part, and the damages in propor third DE TERMINO TRINITATIS ANNO REGNI REGIS assise A.D. 1338. de E. novele Assise de ou le come baroun qele dreit de lessa soun sa vie et leir &c. et et altres dis il seisirent le tenant, fuit denz § Alice qe fut la femme R. de S. porta un de novele disseisine vers M. qe fut la femme J. et plusours autres, et fist la pleinte de deus parties disseisine de le maner de Budwerk.--Pole respondi pur M. tenant de la terce partie de deus parties, et dit tient celle terce partie en noun de dowere del dowe- mande al pleintif a ment Johan son baroun, et del assigunement del gar- terme de deyn leyr Johan, prest fut destre entendaunt a qi qe morust, la Court agarda, saunz tort faire. Et quant a touz apres &c. les autres estre un il dit qil navoit fait nul tort: quant a luy il dit com tenant qe tut le remenaunt entra apres la mort soun pere com heir saunz tort. et le heir Par quey lassise fut agarde: et apres dit qe le baroun age, et le M. enfeffa Alice qe fut la femme R. de S. puis esposailles qe porta cest assise, a tener a tut sa et luy livera la seisine, et puis apres la mort Johan femme; il fut ouste par les autres et la terre seisi en la mayn trove et le seignur par resoun del noun age le heir Johan de quei demande dower, et le gardeyn luy assigna celle les deux terce partie de par soun dower: et tiel est le fait, et la reverprioms vostre discresciouns. Enquis fuit si assentaunt a cel ouster: qe disoient qe noun. Enquis tie et les fut a queux damages si damages soient agardes entier. Il disoient qe de xx. livres.-Gaigne. pur le a la terce pleintif. Il est trove par verdit qe Alice avoit estat partie par fait Johan, par quel fait ele avoit sa garrantie ; recopes, ceo seignur les sesi la vie, garde et et ceo cy le pleintif recoverist parties et fut sion de la terce par damages del cum amountent furent part were recouped and she was in mercy as to the woman. A.D. 1338. and although it be found that she (M.) had a right to have dower, the law will rather put her to her action by writ of Dower, in which case our warranty for the entirety may be saved, than suffer the woman to recover now and thus lose our warranty; wherefore we demand judgment on the verdict, and our damages.-SCHARSHULLE. It is found that the woman committed no tort, and inasmuch as she demanded her dower, she only did right, and it (the Assise) has found that she had a right to have dower; wherefore the Court adjudges that you recover seisin of two parts of the manor except the third part, and your damages, which are taxed by the inquest, at 20 marks, and the third part we recoup for the third part, and that you be in mercy as to M. for your false plaint. And as to E. who was named in the writ as a disseisor, he alleged by bailiff that the manors extended into other vills which were not named, and that if it should be found &c. he had committed no tort &c. Assise of Novel tenements § Two persons brought an assise against one Roger Disseisin. son of John Scot, and made their plaint for certain teneNote that ments.-Gayneford. You have here Roger who answers were given you as tenant, and tells you that one Geoffrey de E. to a man was seised of the same tenements and gave them to in tail who J. Scot and to Agnes his wife and the heirs of their two had issue bodies; by virtue of which grant they were seised, and and his wife and then was had und the husband kept in possession of the entirety and the plaintiffs a divorce of whom Roger is issue in tail: and we tell you that after the death of John and Agnes, Roger entered as issue in tail, in whose seisin William, cousin and heir of Geoffrey the donor, by this deed which is here released and quit-claimed all his right &c.; so he is seised without committing any tort.-The Assise was taken who said that John Scot was seised of the same entered as tenements in his demesne as of fee, and was desirous to take the daughter of Geoffrey de E. to wife, and Geoffrey would not assent unless his daughter was joined with him as grantee of those tenements; wherefore Johu enfeoffed Geoffrey of those tenements, to hold to him sisters cousins and heirs and the issue in tail entered and kept et en la et coment qe trove soit qe ad dreit daver dower, la A.D. 1338. ley luy mettra plus tost a saccion par bref de dower, merci vers en quel cas nostre garrantie al entier put estre salve, la feme. qe de suffrer la femme ore recoverer, et issint nostre garrantie perdu; par quei nous demandoms jugement sur verdit et noz damages.--SCHAR. Il est trove qe la femme ne fit nul tort, et en taunt come ele demande soun dower, il ne fist si resoun noun, et il ad trove qel ad dreit daver dower; par quei agarde la Court qe vous recoverez seisine de les deus parties de maner estre la terce partie et voz damages qe sount taxez par lenqueste a xx. marz, et la terce partie nous recoupoms pur la terce party, et qe vous soiez en la mercy vers M. pur vostre faux pleint. Et quant a un E. qe fut nome en le bref com disseisour, par baillif alleggea qe les maners sesteint en autres villes qe ne sount nomes, et si trove soit, il ad fait nul tort &c. novele tenements un homme en les queus avoint issue § Deux porterent un assise devers un Roger le fitz Assise de Johan Scot et firent lour pleinte de certein tenements. disseisine. -Gaign. Vous avez icy Roger qe vous respond com Nota qe tenaunt, et vous dit qun Geffrey de E. fut seisi de furent mesme les tenementz, et dona [a] J. Scot et a Angnes dones a sa femme et a les heirs de lour deux corps issauntz, et a sa par vertu de quel graunt ils furent seisiz, de queux femme Roger est issu en la taille; et vous dioms qe apres la mort Johan et Angnes Roger entra com issue en la et taille, en qi seisine William cosyn et heir G. qe dona devors se par ceo fait qe cy est relessa et quietclama tut soun le baroun dreit &c.; issint est il seisi saunz tort faire. pris, qe dissoient qe Johan Scot fut seisi de les tenementz en soun demene com de fee, tallent de prendre la fille G. de E. a femme, ne voleit avoir assente si sa fille ne fuit joint ovesqe heir et le luy en ceux tenementz; par quey Johan enfeffa de et pus le prit et enz en Lassise se teint mesme lentier et le pleintifs et fut entrerent et G. cum soer cosyn et issue en Q 966. L L possession to whom while in possession he in released. and the plaintiff took nothing by his writ. A.D. 1338. and his heirs, and he being peaceably seised by the feoffment gave the same tenements to John and to Agnes his wife and the heirs of their two bodies begotten, by virtue of which gift they were seised, and they had reversion issue this Roger; and afterwards at the suit of Agnes a And this divorce was had between them by reason of a pre-conwas found, tract, after which divorce John kept in possession without this that Agnes made or took any profit with him, and he continued that estate all his life, and died seised, after whose death the two who bring the assise entered as cousins and heir of John and were seised for half a day until Roger came claiming to be heir in tail and ousted them, and continued that estate until the heir of Geoffrey in his lifetime released by the deed put forward, and that is the fact and we pray your advice.-It was inquired by the Court if Agnes was alive when the release was made. The Assise said that she was not, but that she had died full nine years before. And they inquired moreover what were the damages, if a disseisin should be adjudged: and they said to the damage of 1008.-BASSET with the assent of his companions rehearsed the verdict, how it was found that the plaintiffs had a possession which was not continued for half a day, which in law could not be called a freehold; and although it be found that Roger had not right at the time when he entered, it is found that he who had the right released in his seisin &c., after which release no one had a freehold or right but Roger, and it seems to us that it would be contrary to law to give to him who is found to have had no freehold nor right; wherefore this Court adjudges that they shall take nothing by their writ &c. Recordari. § A Recordari came to the sheriff of E. to record a plea which was in a liberty, where the sheriff returned that he was there to record the plea and the suitors would not record, but he returned that they had given a day to the parties by virtue of the writ. And the return was |