| 1307.041rs |
1307 |
Common Pleas |
Waste |
De vasto |
| Pasch. |
35 |
Edw. 1 |
[4] |
RS 475-479 |
Passelewe, Edmund de Sjt Passeley (for P)
Hengham, Ralph CJCP
Passelewe, Edmund de Sjt Passeley
Hengham, Ralph CJCP
Passelewe, Edmund de Sjt Passeley
Mallore, Peter JCP
Staunton, Hervey JCP Stauntone
Passelewe, Edmund de Sjt Passeley
Hedon, Robert de Sjt Hedone (for D wife)
Passelewe, Edmund de Sjt Passeley
Roston, William de Sjt Rostone
Staunton, Hervey JCP Stauntone
Hedon, Robert de Sjt Hedone
Staunton, Hervey JCP Stauntone
Passelewe, Edmund de Sjt Passeley
Roston, William de Sjt Rostone (for D wife)
Malberthorpe, Robert de Sjt Malmesthorpe (for P?)
Staunton, Hervey JCP Stauntone
Roston, William de Sjt Rostone
Toutheby, Gilbert de Sjt Toudeby
Staunton, Hervey JCP Stauntone
Hedon, Robert de Sjt Hedone
Willoughby, Richard de Sjt Wileby
|
|
|
|
|
| |
|
the statute = Westminster 2nd (1285), 13 Edw. 1, ch. 3 (receipt of wife to defend her right after husband's default): 'si vir &c. defaltam fecerit, vel ficte defendit, vel in vita uxoris reddere voluerit'
another statute = Westminster 2nd (1285), 13 Edw. 1, ch. 4: 'ita ficte' (where Dower is brought against a guardian who makes default or faintly defends by collusion) |
| Ubi tenens clamavit feodum, etiam ubi post inquisitionem transitam contra virum et uxorem mulier petiit se |
68 |
Et nunc veredicto inquisitionis per justiciarios inspecto
Mallore JCP: par quele enqueste solom lei de terre vous ne recoverez
Sjt Passelewe (for D): Par lor faux clamance en nostre desheritance sount les tenements forfetz
Sjt Hedon (for D wife): Vous avez ci Ydoine la femme &c. e vous dit qe cele tenement si est son franc tenement, lequel son baroun voleit de gre perdre
Ef fuit admissa (= received) per consuetudinem (= as customary)
Sjt Toutheby: Ore se voit ele coverer, par taunt qe ceo qe il ad fet est le fet son baron |
where the tenant (defendant) claimed the fee, also where after the inquest had passed against a man and his wife the woman sought to be received &c.
an inquest was joined between them, which passed in the country against the tenant; and now, by verdict of the inquest being inspected by the Justices
Sjt Malberthorpe and Sjt Toutheby argued for plaintiff's position
Hengham CJCP: it is necessary that they (damages) be inquired of by the inquest
Sjt Passelewe (for P): it is not necessary, but they (damages in Waste) are to be assessed at your (the Court's) discretion, according to what we (plaintiff) counted against them (defendants), since in pleading they did not deny the waste &c.; the meaning of the statute (Westminster Second (1285), ch. 3) is that where a man and his wife demand tenements &c., and by this writ we do not demand against you any tenements; the phrase 'ita ficte' is not in that statute but in another (Westminster Second (1285), ch. 4), that is, where a writ of Dower is brought against a guardian who makes default or faintly defends by collusion &c.
Mallore JCP: if we now take an inquest for the damages, it will perhaps be found by that inquest that they (defendants) had committed waste in a moiety (half) of the tenements, by that inquest, according to the law of the land, you will only recover half, that is, the tenements wasted, and by this you recover the whole, and so the one inquest will be contrary to the other
Staunton JCP: it would not be, because in that inquest the inquiry would not be of the quantity of the tenements wasted but only of the damage done by the waste; it will not do, because if waste be found, it will fall on her neck (il cherra en son col) just as fully as if she were sole and as if she while sole had committed the waste
Sjt Hedon (for D wife): you have here Idonea the wife of &c., and she tells you that that tenement is her freehold, which her husband wishes for his own pleasure to lose, and she has come before judgment (not 'forward judgment') and she prays to be received
Sjt Roston: the statute (Westminster Second (1285), ch. 3) speaks of three things, that is, if a husband &c. makes default, or faintly defends (ficte defendit), or wants to surrender in the life of his wife
Sjt Toutheby: now she wishes to cover herself (to be in coverture), inasmuch as what she has done is the act of the husband
Sjt Willoughby was not on either side (non existens cum aliquo partium): you (defendant?) are pleading against your estate and to your disadvantage |
| Alfred J. Horwood, Year Books of the Reign of Edward the First: Years XXXIII to XXXV (1305-1307), Rolls Series no. 31, part A, vol. 5 (London 1879), pp. 474-479 |
|
