| 1424.002 |
1424 |
Exchequer Chamber |
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| Hil.? |
2 |
Hen. 6 |
[2] (not 5) |
5b-7a |
Chancellor
Paston, William Sjt
Babthorpe, William AG
Cheyne, William JKB Cheine
Rolf, Thomas Sjt
Martin, John JCP
Cottesmore, John Sjt
Hals, John JKB or JCP
Rolf, Thomas Sjt |
Margery |
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Lancaster, Henry, Duke of
D., John, grantee in fee tail
Richard, issue of John D.
Henry, older son of Richard
John, younger son of Richard
Margery, daughter of Henry
Richard, older son of John
John, younger son of John
Row, William |
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Statham Liveree 7
Fitzherbert Liverye 35
Brooke Liverie 38, Judgements 3 |
Prerogative fol. 59
13 Hen. 7, fol. 15b
Brooke New Cases 120
7 Hen. 6, fol. 29
14 Hen. 6, fol. 22
Fitzherbert Natura Brevium 251k, 132b (contra)
9 Hen. 6, fol. 41
Stanford Plees del Coron 59b
28 Hen. 6, fol. 14
1 Hen. 7, fol. 14
Plowden Commentaries fol. 59
21 Hen. 7, fol. 35
8 Hen. 4, fol. 15
5 Edw. 4, fol. 4
4 Hen. 7, fol. 1
13 Hen. 4, fol. 4
9 Hen. 4, fol. 8
9 Hen. 7, fol. 2
7 Hen. 5, fol. 33
8 Edw. 4, fol. 19b (contra)
Brooke New Cases, case 204
9 Hen. 7, fol. 23 |
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| En l'Escheker chambre devant l'Evesque de Winchestre adonques Chancelor d'Angleterre & Touts les |
97 |
Two cousins who came of age came into Chancery, proved their age, and each prayed livery of their grandfather's land as tenant in fee tail.
After much discussion, it was adjourned. |
writ of Diem clausit extremum: 'Duci Ducatus Lancastr-, vel ejus Locum ten-'
Sjt Paston pur William Row Chief Baron a M.: Sir, me semble que M. aura liverie
Babthorp. Attorney le Roy
Cheyne JKB a les Serjeants: Vous ne poius enter plede, s. M. ovesque J.; le droit enter les parties ne purra stre trie icy
Sjt Cottesmore: il ne sera dit que il est eins le droit d'un certein person, eins generalment en le droit cesty que est heir en droit; le seisin le Roy sera dit en son droit, & en le droit nul auter; issint come me semble le Roy ad cause de retene envers ambideux, &c. Hals, John JCP: Ceo sera enconter Ley & reason: car ou le Roy est seisi de ascun terre pur cause de nonage d'un home, auxi tost que l'heir est de plein age le Roy est tenu de faire liverie a cesty que est heir
Sjt Rolf: un Enquest d'office n'este si haut sicome un chose trie per verdit de Enquest; cel office ne sera si prejudicial a nous; mettons que mon eigne frere entre en Religion en la vie mon pere & la est profese, & puis mon pere devie, issint que feo suis prochein heir, & j'ay liverie come heir hors des mains le Roy |
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Henry Beauford, bishop of Winchester from 19 Nov. 1404 to 11 Apr. 1447, was Chancellor from 16 July 1424 to 16 Mar. 1426. Henry 'of Lancaster' (named in Statham) was Duke of Gloucester from 16 May 1414 to 23 Feb. 1447, s.v. Humphrey [Humfrey or Humphrey of Lancaster], duke of Gloucester [called Good Duke Humphrey], 1390-1447, in Oxford DNB. Henry 'of Grosmont' was Duke of Lancaster from 6 Mar. 1351 to 23 Mar. 1361; s.v. Henry of Lancaster [Henry of Grosmont], first Duke of Lancaster, c 1310-1361, in Oxford DNB; and Henry IV was Duke of Lancaster from from Feb. 1399 to 10 Nov. 1399, and Henry V was Duke of Lancaster from 10 Nov. 1399 onward. John Hals was appointed JKB on 23 Jan. 1424. |
Henry, Duke of Lancaster, gave certain land that was part of his Duchy to one John D. in fee tail. John D. had issue one Richard and died. Richard was seised by force of the fee tail and had issue 2 sons, Henry and John, and died. Henry entered, and had issue one Margery bastard, and died. Henry Duke of Lancaster entered by reason of the infancy of Margery, without office, and granted the wardship by his letters patent to a stranger during her infancy, by force of which the stranger was seised. Then John, son of Richard and brother of Henry, entered on the (stranger) and deforced him, and Margery the infant entered on the said John, whereupon John brought the Assize of Mortdancestor against Margery. All this matter was found by the assize, that is, that Margery was a bastard and John was the next heir in fee tail. John had judgment to recover. The king pardoned John of all manner of entries, etc.
By a Mandamus it was found that Margery was heir to Henry her father. And then John, Henry's brother, had issue Richard the elder and John the younger, and died.
Diem clausit extremum issued with a defect in form (naming the Duke of Lancaster) and was nullified.
Another writ issued, by which it was found that John held the land of the King, and that Richard was next heir to John his father. The king seised Richard, and then Richard died as an infant without heir of his body, wherefore a Devenerunt issued, by which it was found that John, Richard's brother, was his next heir. The king seised John.
Then Margery came of full age, and proved her age, and also John came of full age, and proved his age.
Now both came into Chancery, and each of them severally prayed livery out of the king's hands.
Sjt Paston and Sjt Cottesmore argued that the king was bound in law to give livery to Margery because of the finding in the writ of Mandamus that Margery was heir.
Babthorp AG and Sjt Rolf argued that livery should go to John because of the verdict of the Assize that Margery was bastard. |
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Statham Liveree 7, a long entry, identified the donor as H., Duke of Gloucester (not Lancaster), and J.T. as tenant in tail, John's elder son as F. and his younger son as S., Babthorpe AG's speech was attributed to Babington CJCP |
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Bishop
Showing
Duke
Fee Tail
Issue
Seisin
Force
Entry
Bastard
Cause
King
Infancy
Office
Grant
Wardship
Letters Patent
Stranger
Commitment
Deforcement
Assize
Matter
Rehearsal
Next Heir
Finding
Judgment
Recovery
Pardon
Manner
Mandamus
Heir
Diem clausit extremum
Form
Locum tenens
Certainty
Devenerunt
Full Age
Proof
Chancery
Livery
King's Hand
Wardship of the Body
Agreement
Reversion
Record
Voidance
Wardship of the Land
Possession
Divestment
Freehold
Disseisin
Party
Disadvantage
Acceptance
Patent
Supposition
King's Attorney
Contrary
Purpose
Right
Tenancy
Descent
Termination
Privity
Finish
Case
Ancestor
Stranger
Abatement
Mortdancestor
Estoppel
Claim
Traverse
Severance
Person
Entitlement
Advantage
Serjeant
Interpleder
Charter of Pardon
Prejudice
Annulment
Attaint
Error
Name
Process
Dependence
Point
Estate
Reseisin
Term of Years
Ouster
Lessor
Retention
Reason
Inheritance
Strength
Inquest of Office
Height
Trial
Verdict
Inquest
Entry into Religion
Profession
Adjournment |
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