Imagens das páginas


AD. 1340. (!•) § Margery de Totenhale brought an assise of Assise of Novel Disseisin. The plaint was for 40 acres of land J?Pve!. and 10s. of rent. One Henry Wiriot answered as tenant, and said that there were only 16 acres of land and 6,s. 8d. of rent, and as to these he said that he entered by the feoffment of J. Totenhale without tort.—The Assise said that the land put in their view consists of 40 acres of land, and they said that one Mabel, the mother of Margery who brings the assise, was seised of 30 acres and also of the rent for which the plaint is made, and one Juliana held the other 10 acres of the said Mabel for term of life, and that Mabel enfeoffed her daughter Margery the present plaintiff of the 201 acres and of the rent, and granted the reversion of the same 10 acres to the same Margery. On that grant Juliana attorned. And afterwards Margery who brings the assise went into a foreign land, and Juliana died, and J. who is son of a brother of this same Margery, by the advice and with the consent of Henry Wiriote, entered upon all the tenements and the rent, and within six days after his entry enfeoffed this same Henry.—And note that J. was not named in the writ.—Scharshulle (to the Assise). Did he take any profits before he enfeoffed Henry ?—The

1 The numbers arc obviously wrong in the text of T. The number of acres viewed was probably 46, the number held by

Juliana 16, and the number of which Margery was enfeoffed 30. See the report of the same case printed next below.


(I.)5 § Margerie de Totenhale porta assise [de] no- A.D. 1340. vele disseisine. La pleinte fust de xl. acres de terre Assisa et x. 8. de rente. Un Henry Wiriot respondi come seisins., tenant, et dist qil y sont fors xvj. acres de terre et [14 Li. vj. s. viij. d. de rente, et de ceo il dit qil entra par pfti.11' feffement J. Totenhale sanz tort.—Lassise dist qe la Assise, terre mys en lour vewes est xl . acres de terre, et108'^ disoint qe del xxx. acres une Mabile, miere Margerie qe porte lassise, fust seisi et de la rente auxi dont la pleinte est fait, et une Juliane tient les x. acres de mesme celui Mabile a terme de vie, la quele Mabille de les xx. acres et de la rente feffa Margerie sa feille qest ore pleintif, et granta la reversion de mesmes les x. acres a mesme cele Margerie, par quele graunte Juliane sattourna. Et puis Margerie qe porte lassise ala en estrange terre, et Juliane morust, et J. qest fitz al frere mesme cel Margerie, par le conseil et lassent Henry Wiriote, entra en touz les tenementz et la rente, et deinz les vj. jours apres son entre feffa mesme celui Henry.—Et nota qe J. nest pas nome en le bref.—Sch., al Assise. Prist il ascun profist avant qil feffa H. ?—Lassise dist qe noun.—

1 The reports of this Term are from the Temple MS., the Lincoln's Inn MS., the Additional MS. in the British Museum numbered

U 51)018.

25184, and the Harleian M.S. No.

5 From T. alone as fur as the
point at which the larger type


A.D. 1340. Assise said that he did not.—Scharshulle. Did Margery, after her return into this country, or any one for her, make any contention as to the 10 acres ?—The Assise. Yes, sir; they are holden in bondage, and some of the bondsmen wished to attorn to Margery when she demanded her rent, and some who sided with Henry did not wish to do so.—Scharshulle. Did Henry disturb her so that she could not have the rent ?—Tlte Assise. Yes; and as to the rest, so that she could not enter. And they said that it seemed to them that it was a disseisin. —Scharshulle. So it seems to us.—Wherefore AldeBURgh adjudged that the plaintiff should recover seisin, and her damages.—And note that the recovery, be the plaint for more or for less, shall in assise be according to the view of the jurors, so that the plaintiff may by the making of a larger view recover more than he demands, and contrariwise.—And note that it seemed to the Court that the first entry was a disseisin effected by Henry, that is to say, of so much as the plaintiff had obtained by the feoffment of her mother, for J. entered with his consent and freshly enfeoffed him, so that by law all may be adjudged to be his act.

assise of § ^ womau brought an assise of Novel Disseisin against Henry

Novel Dis Willyot, and made his plaint in respect of 40 acres of land,

seisin the 7s. 1\d. of rent, &c.—Henry came and said that ho had entered

case was iut0 the tenements by the deed and feoffment of one J. de T.

that tcne- without tort, &c.—Wherefore the assise was awarded and taken.

ments were ..... - 3 , •

leased to —And the Assise said that the tenements put in view were 40

one for acres of land, and saidfthat the plaintiffs mother enfeoffed the

term of plaintiff of the whole, except 16 acres. And they said, as to the

1 e' .e 16 acres of land, that the plaintiff's mother leased them to one reversion r

being to a for term of life, rendering to her a certain rent by the year, and stranger, that the mother granted the reversion of the same 16 acres of d^th 1^,e land to the plaintiff, and the tenant attorned. And afterwards the woman ^e plaintiff* went out of the country, and because it was under(the tenant stood that she was dead, her brother's son, that is to say this for life) the

stranger's cousin entered and enfeoffed

Sch. Fist Margerie, apres son. revenir en pais, ou A.D. 1340. ascun homme pur lui, ascun debat en dreit de les x. aeres ?—Lassise. Sire, oyl; cest tenu en bondage, et ascuns des bondes voleint aver attourne a Margerie qaunt ele demanda sa ferme, et ascuns qe furent del assent H. ne voleint pas.—Sch. Destourba H. qele ne poait pas aver la ferme?—Lassise. Oyl, et del remenant, qele ne poet entrer. Et disoint qe semble a eux qe ceste une disseisine.—Sch. Issi semble a nous. —Par (juei Ald. agarda qe le pleintif recoverast et ses damages.—Et nota qe le recoverir, soit la pleinte de pluis ou meyns, serra en assise par vewe des jurours, issi qe le pleintif poet par pluis large vewe faire recoverir pluis qil ne demande, et e contra.—Et nota qe la Coujrt sembloit qe le primer entre fust disseisine fait par H., saver de taunt come la pleintif avient par le feffement sa miere, qar J. entra par son assent, et frechement lui feffa, issi qe par ley tout poet estre ajuge son fait.

§ Une 1 femme porta une2 assise de novele disseisine vers En un

Henre Willyot,3 et fit sa pleinte de xl. aerez de terre, assise de

vii.s. ij. d. et oh. de rente, &c.—Henre4 vint et dit qil fut *J?ve!e.


entre en lez tenements par fait et feffement un J. de T. teemontz

saunz tort, &c.—Par quei lassise fut agarde et5 prise, qe dit furent

qe lez tenementz mys en vouwe furent xlvj.6 aerez de terro, lessez a un

et dit qe tut estre xvi. aeres la mere le pleintif enfeffa lohonimea

pleintif,7 et quant a lez xvj. aeres de terre mesme la miere sa vie ia

lez lessa a une homme al terme de sa vie, rendant a luy cer- reversion a

teyn rente par an, et dit qo mesme la miere granta la rever- on es

Bion de mesmes les xvj. aeres de terre al pleintif, et le tenant Jrange> on

le cosy n

attourna. Et pus le pleintif sen ala hors de pays, et, pur ceo iostrange, qe homme entendi qele ust este mort, le fitz son frere, cest apres la

mort la

— femme

1 This report of the case is from L. and 25184. The marginal abstracts of reports from those MSS. throughout the term are from L. alone.

'-' L., un href.

3L., Henre Vil ot; 25184, Her

entra et

vuy Wyllyot, instead of Ileure eufeffa un Wyllyot. aultre, et

4 25184, Hervuy.

5 The words agarde et are not in


• L., xl.

< 25184, tenant.

A.D. 1340. same John de T. (through whom H. supposes his entry to have another, been) entered as cousin and heir, and that by the advice and and that a direction of H., and afterwards enfeoffed the same H. and made Theleoffor a cnarter m his favour. Afterwards the tenant for term of life died. The died, and H. entered upon the 16 acres of land. And afterwards reversioner the plaintiff returned to the country, and came, and would have iTon entered nPon tne tenements and taken the rent, but H. would alienee 6 not Permit Der- -^nd the Assise prayed the discretion of the the alienee Court.—Scuarshulle. When she returned to the country, did she ousted the make any contention as to the tenements which the tenant held rever- for term of life, after the denth of this same tenant, or was she who"' seised of those tenements ?—The Assise. When she returned she brought entered upon H., and he immediately ousted her.-ScHARDELOWE. the assise To what damages, if the Court shall adjudge that there was a cov re(l disseisin ?—The Assise. 1001.Scharshulle. Did this J., who first appears' " cnt<sred and then enfeoffed H. take any profits before the feoffbelow. ment.—The Assise. No, Sir, for the feoffment was made within a And this week after the entry, and since then H. has taken the profits.— and sef1-1' ^aynefor^' tnat tnc writ was abated because there was no of the land disseisor named in the writ, for if any one was a disseisor it was was John and not H., &c.—On the morrow Scuarshulle adjudged

awarded to that she should recover her seisin and her damages, &c.
the plain-
tiff, &c.

In an

(2.) § The Master of the House of the Hospital of assise of Saint John of Jerusalem in England brought an JS.0TeJ. assise of Novel Disseisin, and complained in respect

Disseisin , r. r

damages of a place which contained 40 feet in length and 30 awarded' ^eet m breadth, &c. The tenant did not come, whereas appears fore the assise was taken by default of the tenant, because ^he Assise said that the place put in their view was the tenant only 9 feet in length and 6 feet in breadth, and built upon that the plaintiff had been seised and disseised.— the same Aldebueoh. To what damage.—The Assise. Sir, to no ingThe ar" damage, for the tenant has improved the place by building on the same place.—Aldeburgh. Then he

« AnteriorContinuar »