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A.D. 1340. William and Joan acknowledged the tenements to be the right of William de Brandon, and William de Brandon granted and rendered the same tenements to William and Joan, and the heirs male of their two bodies begotten, with remainder, should they die without male issue, to Juliana their daughter, to her and her heirs.— W. Thorpe, after oyer of the record, said that on a certain day, in a certain year, &c, one Roger de Barle brought an assise of Novel Disseisin against these same W. Colman and Joan his wife, and this same Juliana who brings the writ, and others; whereupon W. Colman1 made default; whereupon Joan was admitted, &c, and pleaded the same fine, and said that she was thus in without tort, &c.; wherefore the assise was taken, and the jurors said that Roger de Barle was disseised, &c.; wherefore it was adjudged that he should recover; and this Roger de Barle enfeoffed Ralph de Neville of the same land, which Ralph enfeoffed us. And we tell you that this fine was levied between the disseisin effected upon Roger de Barle and his recovery, and we demand judgment whether upon a fine so avoided and annulled in law you ought to have execution. And we tell you, besides, that you are heir of these same W. Colman and Joan his wife; &c. And see here the record, &c, and the writ to allow it.—And the record was read, and it was to the effect that the disseisin was effected twenty years before the fine was levied, and that the same Juliana who brought the writ was acquitted of the disseisin.2—R. Thoiye. You plead a mesne estate, and also a recovery had against those whose heir we are, and these are two pleas to our action; wherefore hold to one of them. — Paming. We do not lay
1 It was not really Colman who made default, according to the record, hnt Joan's subsequent husband, Thomis de Bretagne.
- As it appears by the record, the jurors found that William Col
man and Peter Grayne had disseised Hoger de Barle. Juliana, having been named in the writ of assise, and not having been found a disseiseress by the assise, was thus "acquitted."
&c. estre le dreit William de Brandon,1 et William A.D. 1340. de Brandon1 graunta et rendi a William et Johane2 et a lez heirez roadies de lour ij. corps engendres, et, si ils deviassent &c., qe lez ditez tenementz remeindreint a Juliane,2 fille &c, a luy et a ses heirez.3—1^. Thorpe, apres le recorde oy, dit qe certein jour, an, &c. un Roger de Barle4 porta une assise de novele disseisine vers ceuz mesmes W. Colman et Johane6 sa femme, et mesme ceste Juliane6 qe porta le bref, et autrez, ou W. Colman fit defaute, par quei Johane6 fut resceu &c., et pleda mesme le fyn, et dit issint fut ele einz sanz tort &c, par quei lassise fut prise, qe dit qe Roger de Barle7 fut disseisi, &c.; par quei agarde fut qil recoverast, quele Roger de Barles enfeffa de mesme !a terre Rauffe de Neville, quele Rauffe nous enfeffa. Et nous vous dioms qe cesti fyn se leva par entre la disseisine fait a Roger de Barles et son recoverir, et demandoms jugement si hors de la fyn issint anyenty et anule en ley devez 9 execucion aver. Et vous dioms, ovesqe ceo, qe vous estez heir mesmes ceux W. Colman et Johane 5 sa femme &c. Et veiez cy le recorde &c. et bref dalower le.—Et le recorde fut lieu qe voileit qe la disseisine se fit xx. aunz devant la fyn leve, et qe mesme cest Juliane2 qe portc le bref fut acquite de la disseisine.—R. Thorpe. Vous pledez par meen estat et auxi par recoverir fait devers eux qi heir nous sumes, queux sont ij pleez a nostre accion; par quei tenez vous a lun.— Parn. Nous ne chargeoms mye moult ceo qe vous estez
1 L. and 25184, R., instend of William dc Brandon.
1 L. and 25184, Alice.
* According to the record the remainder was to Juliana in tail, with other remainders over.
< L., W de B.; 25184, W. dc Berleye, instead of Roger de Baric.
5 L. and 25184, M.
7 L., W. bar.; 25184, W. de Ber-
s L. and 25184, W. de B., instead of Roger de Barle.
9 L., deveres.
A.D. 1340. much stress on your being heir, but since the fine upon which your estate depends was avoided by the record, &c. (as above), to which record you were yourself a party, we pray judgment whether you ought to have execution.—R. Thorpe. Then we tell you that this same Roger de Barle, whom you suppose to have been disseised, never had anything; ready, &c.— W. Thorpe. You shall not be admitted to say that, since the record to which you were yourself a party proves the reverse; wherefore you shall not be admitted to aver the contrary of the record.—R, Thorpe. In the record which you allege we were only named as an alleged disseiseress, and according to that record we were acquitted of the disseisin, and so were not endamaged, wherefore we cannot have the Attaint, and it is therefore reasonable that we have the averment as above.— W. Thorpe. The Attaint may very well be had, for if the jurors made a false oath, your right limited to you by remainder was thereby destroyed; wherefore you can have the Attaint.—But quaere, &c.—R. Thorpe pleaded at first that the other was alleging as a stranger the record which he produced. —And this objection was not allowed.—And they were adjourned to the Quinzaine of Michaelmas.—See there the rest.
Scire § John and Juliana his wife, as in right of Juliana, sued a Scire
facias. facias against the Abbot of Tupholme, upon a fine by which, in the twelfth year of King Edward, father of the present King, one A. rendered certain tenements, in respect of which the Scire facias is sued, to W. and J. his wife and the heirs male of their bodies Ac, and if they should die without heir male &c., remainder to their daughter Juliana, who now demands with her husband, and the heirs of her body &c.—Thorpe. We tell you that one W. brought an assise of Novel Disseisin against W. and J. his wife, to whom you suppose the render was made, and Juliana who now brings this writ and Bertram then her husband, and others, when W. and Juliana took upon themselves the tenancy and pleaded in bar; and afterwards W. made default, wherefore heir, mes nous demandoms jugement, del houre qe la AJ>. 1340.
fyn de quele vostre estat depend 1 fut anyenti par
le record, &c., ut supra, a quele record vous mesmes
feustes2 partie, si vous devetz execucion aver.—R.
Thorpe. Donqes vous dioms nous qe mesme cesti
Roger de Barle3 qe vous supposez estre disseisi na
voit unques rien; prest &c.— W. Thorpe. A ceo naven
drez vous mye, del houre qe le record a quel vous
estoiez mesmes partie prove le revers; par quei dave
rer le contrarie ne devez estre resceu.—R. Thorpe. En le
record quele vous allegez nous ne fumes nomez si
noun com une disseiseresse, en quel record nous fumes
acquite de la disseisine, issint ne fumes rienz endamage
par quei nous no pooms mye aver latteinte, par quei
il est resoun qe nous eioms laverement ut supra.—
W. Thorpe. Si poet moult bien, qar, sils firent faux
serment, par tant vostre dreit, quel vous fut taille par
le remeindre, peri; par quei vous poietz aver latteinte.
—Sed quaere, &c.—R. Thorpe plede primes qe lautre
fut estrange dalleger eel recorde quel il myst avant.—
Et non allocatur.—Et adjournantur in zv. Michaelis*
—Vide ibi residuum.
§ Johan5 et Juliane sa femtne, come en le dreit Juliane, suy- Scire rent Scire facias vers Labbe de Thopholme hors dune fyne par facias, quel lan xij. le Roi E., pore lo Roi qer est, un A. rendist certeinz tenementz, dont le Scire facias est suy, a W. et J. sa 'femme et les heirs madles de lour corps &c., et sil deviassent sanz heir &c. le remeyndro a Juliane lour fille, qero demande ov son baroun, et les heirs de son corps &c. — Thorpe. Nous vous dioms qun W. porta uno assise [de] novele disseisine vers W. et J. sa femme, as quex vous supposez le rendre, et Juliane qore porte ceo bref et Berteram adonqes son baroun, et autres, oue W. et Juliane enpristrent la tenance et plederent en barre; et puis W. fist defaute, par quei Juliane fust resceu, et dit qelc
1 25184, despend.
2 L., feistez.
• L. and 25184, W. de B., instead of Roger de Barle.
* Issue was then joined as to
whether Roger de Barle was seised
5 This report of the case is from
A.D. 1340. Juliana was admitted, and she said that sho entered by the fine, as above, without tort, when it was found that W. who brought the assise was seised and disseised long before the fino was levied; wherefore it was adjudged that he should recover; and he enfeoffed one R. who enfeoffed the Abbot who now pleads; judgment, since he, whose estate the Abb^t has, recovered by a higher right, whether execution &c. — And he produced the record.—Gayneford. Tie who brought the assise never had anything before the fine was levied; ready &c. — W. Thorpe. You shall not be admitted to that, for we have shown that you wero party to the previous assise, and we tell you that this Juliana who now sues is daughter and heir of Juliana against whom the assise passed; wherefore judgment whether the averment &c. — R. Thorpe. He charges us with two things—one that we ourselves were a party—the other that our ancestor whose heir we are was a party.—Aldebdkgh. This is a Scire facias; he shall say whatever he pleases in disturbance of execution. — R. Thorpe. When one pleads a peremptory exception, be it in a Scire facias or any other plea, one shall have issue only on a certain point; and now they plead in law that we shall not have the averment; so it is to our action; wherefore &c. — Parning. Wo do not lay much stress upon your being heir, but since you wero yourself a party to the assise in which the tenant made herself a title by the same fine of which you demand execution, and that title was annulled by the verdict of the assise—for the record proves in itself that the disseisin was effected before the fine was levied,— judgment whether you shall be admitted to the averment.—R. Thorpe. This fact—that we were named in the writ of assise— does not require an answer from us, for we have nothing and wo were acquitted of the disseisin; wherefore we can not havo the Attaint.—W. Thorpe. The remainder was to you after the death of him who lost; wherefore you can have the Attaint, since your estate was lost by that verdict.—Quaere.1
Assise of (.1.9.) § Andrew Quantoxhead brought an assise of Disseisin. Novel Disseisin against Walter Meriet and several others, before Scharshulle and his companions Justices assigned [to take assises &c.].—The tenants2 vouched Walter to warranty, and he warranted and pleaded in bar a fine levied between himself and William Freman
1 There is a third report of this case in Harl. "41. It gives the names of the persons more fully than the others, but not with the same accuracy as the record.
= Three of the persons named in the writ, who had a lease for life from Walter de Meryet, as appears in the record.