and the other avowed as bailiff and A.D. 1340. her co-parceners as sisters.' And Thorpe showed how abated; by partition, &c., the services of the plaintiff were allotted to Margaret.—Blaik. As to the cognisance made by J. we say the taking was out of their fee; ready, &c. -And the other side said the contrary.-And J. had aid of Hugh and Margaret his wife.-Thorpe. Judgment of But quære. the writ, for Hugh.-HILLARY. Let him take nothing by his writ as against Hugh.-Quare. was admitted. Replevin, A Replevin was brought against Hugh de Audele, and one J. where a de S.-W. Thorpe. As to Hugh, we tell you that he is Earl of defending Gloucester, and was so on the day on which the writ was purparty alledged chased; he is not described as Earl; judgment of the writ. matter in And, as to J. de S., Thorpe made cognisance of the taking as abatement good, &c., as by the bailiff of Hugh de Audele, Earl of Glouof the writ, cester, and Margaret his wife, as in the right of Margaret.— plaintiff Derworthy. Out of his fee. -And the other side said the consaid out of trary. And as to the rest of the beasts Thorpe traversed the his fee, taking. And as to the Earl the writ abated, and the averas appears, ment stood as to the rest.-Note, &c. and the &c. Prayer to be admitted. Prayer to be admitted, (35.) § A man prayed to be admitted to defend his right by reason of a reversion.-The Demandant. You ought not to be admitted, for, pending our writ, you have yourself purchased the same tenements, and this day are seised; ready, &c.--And the other side said the contary. § Note that one prayed to be admitted to defend his right, and the admission was counterpleaded because he who prayed where the had purchased the tenements pending the writ. And on the demandant purchase they were at issue. And he found surety for the said that he who prayed had purchased the land, pend issues. 3 The sisters, as appears by the ing the record, were Elizabeth de Burgh, writ, and and Eleanor late wife of Hugh le upon that they were at issue. Despenser, who, as well as Margaret, were daughters of Gilbert de Clare, Earl of Gloucester. descenderent &c. a M. et ses parceners come soers. Et A.D. 1340. cum bailif resceu. moustra coment par purpartie, &c., les services le pleintif avowri sont allotes a M.-Blaik. Qant a la conisance fait par et fust J., hors de lour fee; prest, &c.-Et alii e contra.-Et J. Sed quare. ad eide de H. et M. sa femme.-Thorpe. Jugement du [Fitz. Briefe, bref pur H.-HILL. Preigne rienz par son bref vers 278.] H.-Quære. tie de Un' Replegiari fut porte vers Hugh de Audele et un J. de Replegiari, S.-W. Thorpe. Quant a Hugh, nous vous dioms qe il est ou la parCounte de Gloucestre, et fut jour de bref purchace; nynt fendante nome Counte; jugement du bref. Et quant a J. de S., ils alleggea conust la prise boun, &c., come baily Hugh de Audele 2 matere en Counte de Gloucestre, et Margarete sa femme, come en le abatement dreit Margarete.-Derw. Hors de son fee.-Et alii e contra.- du bref, et Et quant al remenant des bestes il traversa la prise. - Et quant al Counte le bref abati, et laverement estut de re- son fee, ut menant.-Nota,8 &c.9 lautre dit hors de patet, &c. ceu. (35.)10 Un homme pria destre resceu a defendre son Priere dreit par cause de reversion.-Le Demandant. Resceu destre resne devez estre, qar, pendant nostre bref, vous mesmes [Fitz. avez purchace mesmes les tenementz, et huy ceo jour Counterestes seisi; prest, &c.-Et alii e contra. 11 plee de Resceit, 10.] tre resceu, ou le de § Nota 12 qun pria destre resceu a defendre son dreit, et la Prier desresceite fust contreplede pur ceo qe celui qe prie ad purchace les tenementz pendant le bref. Et sur le purchace sont a mandant issu. Et trova surte des issues. dite qe cele qe pri avoit purchace la terre, pendant le 9 There is also an abridgment of bref, et sur this case in Harl. 741. ce furent 10 From L. and 25184 as far as a issu. the point at which the larger type ends. 11 25184, lautre. 12 This report of the case is from T. alone. A.D. 1340. Dower where an (36.) § Dower, where it was pleaded in bar that the demandant had received dower of tenements which exchange passed by exchange.-Thorpe. The exchange was not of tenements of which we now demand dower; ready, &c. -And the other side said the contrary.--Note this. was pleaded in bar. Wardship. (37.) § Robert de Hungerford brought a writ of Wardship against John le Glasiere, and demanded the wardship of the land and of the heir of John Chaumberleyn. And he counted that the infant's ancestor held of one Thomas de Sancto Vigore the same tenements by knight-service. Thomas died, so that after his death. the services of J. Chaumberleyn were assigned to the wife of Thomas by one W. his heir, to hold in the name of dower, by virtue of which assignment the said J. Chaumberleyn attorned. And the wife leased her estate to us, and he attorned, and so he held of us and died in fealty to us, and so the wardship belongs to us.-W. Thorpe. As to the wardship of the body, we tell you that J. Chaumberleyn held certain tenements resceu A.D. 1340. [Th. eschange (36.)1 § Dowere, ou plede fust en barre qele ad dower des tenementz qe passe en eschange, etc. Leschange ne fuerent pas des tenements des queux demandoms ore dowere; prist. - Et alii e contra. Quod nota.]2 Dowere, ou furent (37.) Robert de Hungerford porta un bref de Garde. garde devers Johan le Glasiere,5 et demanda la garde de la terre et del heir J. Chaumberleyn. - Et counta qe launcestre lenfant tient de un T. de S. mesmes lez tenementz par service de chivaler. T. morust, issi qe apres sa mort lez services J. Chaumberleyn furent assignez al femme T. par un W. son heir, a tener en noun de dowere, par vertu de quel assignement le dit J. Chaumberleyn atturna, la quele femme lessa a nous son estat, et il atturna, issint tient il de nous et morust en nostre fealte, issint appent a nous la garde. [W. Thorpe. Quant a la garde de corps nous vous dioms qe J. C. tient certeins tenementz]" 8 From T. alone. The passage between brackets, without which the case is incomplete, has been supplied from Fitzherbert's Abridgment. 3 From L. and 25184 as far as the point at which the larger type ends, but corrected by the record Placita de Banco, Trinity, 14 Edward III., Ro. 137 d. 4 25184, son. 5 L., J. de G.; 25184, J. de Glasiere, instead of Johan le Glasiere. 6 L. and 25184, R. de C. The count in the record is that John Chaumberleyn the father held of Thomas de Sancto Vigore a certain messuage by certain services, that Thomas enfeoffed Adam de Stocke U 50018. and Gena his wife (to them and the 7 L. and 25184, R. 8 L., a regarde. 9 The words between brackets are not in L. T A.D. 1840. of William la Zouche of Haryngworthe, which William, after the death of the said J., leased the wardship of the infant to our wife while she was sole, of which wardship we found our wife seised, and she is not named in the writ; judgment of the writ.-Pole. Now answer as to the land.-W. Thorpe. Our exception extends to the abatement of the whole writ. And afterwards he said over, gratis:-As to the land, the plaintiff, who brought this writ, himself leased to the defendant the wardship of the same land until the full lawful age of the infant, at a rent of 10s. by the year, and of that rent he is himself seised; judgment whether he can demand anything.-Pole. You see clearly how he speaks of a lease in evidence of which he shows nothing; wherefore we do not understand that we have need to answer to anything that he has said.-W. Thorpe. We have seen a writ of Ejectment from Wardship maintained by reason of a lease, without specialty, and that against the person that leased. (See above, in Michaelmas Term in the 7th year). And afterwards Pole said: -You deforce us of the wardship, without this that you have anything by our lease; ready &c.—And the other side said the contrary.-W. Thorpe. Now we pray that the writ may abate in respect of the wardship of the body, for, if the writ be maintained against us, we cannot vouch, inasmuch as we show that the lease was made to our wife while she was sole; and this would be mischief-Stouford. That is reasonable, for your demand is only for a chattel interest, and by the marriage all property in it accrued to you, and nothing remained to the woman, for you alone will have a writ of Ravishment of Ward or of Ejectment from Wardship, without naming the woman, but, perhaps, if the wardship had 1i.e., as appears by the record, to Isabel formerly wife of John Chaumberleyn, who subsequently married John le Glasiere. i.e., as expressed in the record, by the hand of John le Glasiere. |