Boston University School of Law

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For an image of this report text from the Vulgate Year Books Reprint, click here.
Seipp Number:
Marginal Heading
1315.046ss 1315 Common Pleas Dower Dower
Regnal Year
King: Plea Number Folio Number
Pasch. 8 Edw. 2 8 41 SS 108-111
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Godle, Ellis de Sjt Gode (for D)
Scrop, Geoffrey le Sjt (for P)
Bereford, WIlliam de CJCP Berr (variant in version III)
Godle, Ellis de Sjt Godefrei (variant in versions II and III) Godel (variant in version III) Stocklay (variant in version IV) Gold
Scrop, Geoffrey le Sjt
Toutheby, Gilbert de Sjt Toud (for D) (version V)
Denum, John or William de Sjt (for P) (version V)
Devereux Lucy, widow of William
Other Plaintiffs Other Names Places Other Defendents
G., plaintiff's lover
(Chester, Bishop of)
(Devereux, William)
(Master Walter, plaintiff's lover)
(Langton, Walter of, Bishop of Coventry and Lichfield)
(B., H. of, plaintiff's lover)
Stafford, county of
Tasley, in the county of Salop (Oxford)
Tasley, manor of
Hereford, county of
Lynthall, manor of
C., manor of
Limase, manor of
Hertford, county of
Abridgements Cross-References Statutes
Fitzherbert Dower 153
Fitzherbert Voucher 260 
Incipit (First Line) Number of Lines
En vn bref de dowere porte uers Gardeyn de vn enfant Gode. voucha a garrantie celuy qe lessa luy la 9
Process and Pleading
Language Notes (Law French)
Abstract Context
Walter of Langton was Bishop of Coventry and Lichfield from 19 Feb. 1296 to 9 Nov. 1321.
Commentary & Paraphrase
Bolland: Two points were decided in this case. The first was that a guardianship is a chattel, and the assignor of a guardianship with a warranty cannot be vouched to warranty in respect of dower, which is a freehold. The second was that a wife removing herself from the house where her husband lives to another manor of her husband's and there living with an avouterer does not so eloign herself from her husband as to forfeit her right to dower.
Headnote (I): Writ of dower brought against a guardian, who vouched; but his voucher could not be allowed because he was not tenant of a freehold.
Headnote (II): In a writ of dower the tenant argued that the claimant was not entitled to dower on the ground that she had lived in adultery etc. But, as it appeared that she was living in one of her husband's manor-houses, she recovered her dower.
Noted at 41 SS xxxiii-xxxv.
Bereford CJCP, re allegation of wife's adultery: when a wife is living in her husband's house she cannot be said to have left him etc., and it is the husband's business to keep an eye on his guests (qaunt la femme demurt en la mesoun son baroun homme ne put nyent entendre qele se alloigna etc. mes bien se garde le baroun qele meignie in teignt en son oustel)
Editor references Statute of Westminster 2, 13 Edw. 1 (1285), ch. 34.
Manuscripts Mss Notes Editing Notes Errors
BL MS Addit. 35094 (first version)
BL MS Addit. 35094 (second version) (version II)
BL MS Harleian 3639 (version II)
Bodleian MS Tanner 13 (version II)
BL MS Addit. 37658 (first version) (version III)
LI MS Hale 139 (version III)
BL MS Addit. 37658 (second version) (version IV)
BL MS Harleian 2184 (version V)
Version II had 28 lines. Version III had 24 lines. Version IV had 20 lines. Version V had 36 lines.
William Craddock Bolland, Year Books of Edward II, vol. 17: 8 Edward II (1314-1315), 41 SS 108-111 (London 1925)
Pasch. 8 Edw. 2, pl. [6], Vulgate p. 268 (version I), pl. [12], Vulgate p. 272 (version II)
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
De Banco Roll, Pasch. 8 Edw. 2 (No. 209), r. 136d, Herefordshire 0 2003-10-28
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