Boston University School of Law

Legal History: The Year Books

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Seipp Number:
Year
Court
Writ
Marginal Heading
1307.047rs 1307 Common Pleas? King's Bench? Replevin? Nota
Prise des avers den lancyen demene
Term
Regnal Year
King: Plea Number Folio Number
Pasch. 35 Edw. 1 [10] RS 491
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Brabazon, Roger CJKB Brabazoun
Mallore, Peter JCP
Warrewik, Nicholas de King's Sjt Warr (for king) (addressed)
Passelewe, Edmund de Sjt Passeley
Bortone Abbot of
Other Plaintiffs Other Names Places Other Defendents
Edmund, earl (presumably predecessor Earl of Lancaster
T., tenant
Abridgements Cross-References Statutes
  same parties 1309.133ss = 2 Edw. 2, pl. 133, 19 SS 59-62   
Incipit (First Line) Number of Lines
En play de prise des avers, ou le abbe de Bortone se pleynt del counte de Launcastre, qe dit qe le lu de la 31
Process and Pleading
Language Notes (Law French)
Abstract Context
Probably Benedictine Abbey of St. Mary Virgin and St. Modwen at Burton upon Trent, Staffordshire. Thomas 'of Lancaster', son of Edmund 'Crouchback' and grandson of Henry III, was Earl of Lancaster from 5 Jun. 1296 to 22 Mar. 1322, s.v. Thomas of Lancaster, second earl of Lancaster, c. 1278-1322, in Oxford DNB. Edmund 'Crouchback' was Earl of Lancaster from 30 Jun. 1267 to 5 Jun. 1296. Nicholas de Warrewik was King's Serjeant to Mich. 1306 and perhaps was still.
Commentary & Paraphrase
taking of animals in ancient demesne
Sjt Passelewe spoke for plaintiff's position?
Brabazon CJKB: it may be ancient demesne with respect to the person of the lord, and frank fee as to you, but it does not follow that because it is freehold therefore it is frank fee, because no deed that you show ousts it from its first estate
the earl's (Earl Edmund 'Crouchback' of Lancaster) confirmation also gave leave to the Abbot to purchase the homage of one T., which was not included in the king's confirmation
Mallore JCP: you have purchased that homage without warrant, you will tell us why, we take it into the king's hands
Mallore JCP to King's Sjt Warrewik: take suit thereof (homage of tenant T.?) for the king
a Thomas 'of Lancaster', Earl of Lancaster, was a party in 1309.133ss = 2 Edw. 2, pl. 133, 19 SS 59-62 (defendant in Replevin) and in 1317.080ss = Trin. 10 Edw. 2, pl. 13, 54 SS 179-180 (defendant in Dower) and in 1319.096ss = Pasch. 12 Edw. 2, pl. 39, 81 SS 26-27 (plaintiff in Covenant)
Manuscripts Mss Notes Editing Notes Errors
BL MS Addit. 5925
Translations/Editions
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. 490-491
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
0 2005-03-23
Keywords
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