| 1307.045rs |
1307 |
Common Pleas |
Writ of Right, Recordare |
De recto |
| Pasch. |
35 |
Edw. 1 |
[8] |
RS 487-489 |
Friskeney, Walter de Sjt Fryskeney (for D)
Friskeney, Walter de Sjt
Toutheby, Gilbert de Sjt Toudeby (for P)
Herle, William Sjt (for D)
Toutheby, Gilbert de Sjt Toudeby
Mallore, Peter JCP |
Neorford (Nerford?) |
Piers de |
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Monthermer, Ralph de, husband of Joan & |
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writ of Right, view not granted |
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| Ubi dominus cui originale breve dirigitur moritur, post removetur placitum a curia sua per recordari: et fuit |
26 |
| Sjt Friskeney (for D): e vous dioms qe Johane cuntesse &c. a qi le original qe est fundement de ceu ple vint, est morte, jugement si cele ple sour cele original puise outre estre ceinz |
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perhaps Piers, younger son of s.v. William de Nerford, b. between 1242 and 1249, d. 1302, in Cokayne, Complete Peerage, vol. 9, p. 469 note (k) & pp. 469-470. Ralph de Monthermer assumed the titles Earl of Gloucester and Earl of Hertford from his marriage before Jul. 1297 to Joan of Acre, widow of Gilbert de Clare, until 23 Apr. 1307. s.v. Monthermer, Ralph de, first Lord Monthermer, d. 1325, in Oxford DNB. s.v. Ralph de Monthermer, d. 1325, styled Earl of Gloucester and Hertford from 1297 to 1307 during his marriage to Joan (of Acre0, d. 1307, Countess of Gloucester and Hertford, second daughter of Edward I, subsequently Lord Monthermer, in Cokayne, Complete Peerage, vol. 5, pp. 708-712, vol. 9, pp. 140-142. |
where the lord to whom the original writ is directed dies, the plea is afterward removed from his court by the Recordare: and the cause was that the ancestor of the demandant (plaintiff) had released and quitclaimed the thing to him whose assignee the tenant was
writ was brought to Ralph de Monthermer, Earl of Gloucester and of Hertford, and Joan his wife
Sjt Friskeney (for D): we tell you that Joan, countess &c,to whom the original, which is the foundation of this plea, caem, is dead: judgment if that plea on that original can stand any longer in this Court
Mallore JCP: I advise you (Jeo lo qe) to grant him the view, of your free will (de bone volunte)
and the view was granted, which seemed strange and contrary to another plea in a writ of Right under similar circumstances |
| 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. 486-489 |
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