| 1274.003ss |
1273 |
Common Pleas |
Writ of Right |
(De recto ou le heir le assigne vouche a garrante le heir le feffour ,,,)
(De recto ubi vocavit ad warrantum ut assignatus) |
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1 |
Edw. 1 |
2 |
111 SS 84-91, 123 SS 586-588 |
Hengham, Ralph de JCP Hengham or Met'
The Justice
Mettingham, Sir John of JCP? Metingh'
The Justice
Ramsey, John of Sjt Rameseye
The Justice |
fitzJohn |
Sir John |
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Bohun, Sir Humphrey de, Earl of Hereford and vouchee
Mandeville, William de
White (Wytte), William
fitzPeter, Geoffrey
Beatrice, first wife of Geofffrey fitzPeter
Geoffrey, elder son of Geoffrey fitzPeter and Beatrice
William, younger son of Geoffrey fitzPeter and Beatrice
Maud, daughter of Geoffrey fitzPeter and Beatrice
John, son of Geoffrey fitzPeter and his second wife and father of plaintiff |
Hatfield Peverel (Hakford Peverel) |
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| (Sire Jon le fiz Jon) (demanda) le maner de (Hakford Peverel) ov les apurtenances ver (sire Johan de |
95 |
| (II) excepcio est jurs et non facti; excepciones consistant in jure et in facto |
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s.v. John, Sir, fitz John, c. 1240-1275 in Oxford DNB. s.v. Sir John fitz John, d. 1275, son of Sir John fitz Geoffrey, sometime Justiciar of Ireland, d. 1258, in Cokayne, Complete Peerage, vol. 5, pp. 433-435. John filius Johannis (John fitz John) was Sheriff of Westmoreland from 7 Jun. 1264 to Mich. 1275. (Sir) Humphrey de Bohun, first of that name, was Earl of Hereford from 1 Jun. 1220 to 24 Sep. 1275. s.v. Bohun, Humphrey (IV) de, second Earl of Hereford and seventh Earl of Essex, d. 1275, in Oxford DNB. |
Sir John of Mettingham appeared to speak on behalf of a party rather than as a Justice or clerk
Brand: John fitzJohn claimed a manor by writ of Right against John de Burgh. John de Burgh vouched the earl of Hereford to warranty. The earl counterpleaded the warranty. His first plea was against the form of the voucher. He asserted that John had erred in vouching him as the assign of the grantee to whom the earl's ancestor had promised warranty when he was only the heir of the grantee's assign. The court held the form of the voucher good. He then argued that the voucher was bad because he was not sole heir of the ancestor who had promised warranty, since John fitzJohn also held part of the inheritance. Held that he might make such a second counterplea when the first had been quashed by judgment. The defendant, however, then showed that only the earl was rightfully heir to the ancestor concerned. The earl then counterpleaded the voucher on the grounds that the deed promising warranty was not the deed of his ancestor. Held that he might make this plea and issue was joined on it.
(right) |
BL MS Harley 493A, fol. 195v-197r (II)
BL MS Addit. 35116, fols. 271r-271v (II)
BL MS Harley 25, fols. 276r-277r (II) (should be version III?) |
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version II in Latin has 97 lines; version II (should be III?) in 123 SS has 82 lines; Fitzherbert Garrantie 93 identifies the defendant as R., vouchee as Earl of Hertford, assignor as William de Quinte, defendant's father as Hubert, and manor as C. |
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Paul A. Brand, The Earliest English Law Reports, vol. 1, 111 SS 84-91 (London 1996) (pre-1279.2)
Paul A. Brand, The Earliest English Law Reports, vol. 4, 123 SS 586-588 (London 2007) |
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