| 1288.006ss |
1271 |
Assize |
Novel Disseisin |
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0 |
Edw. 1 |
Hengham assize 2 |
123 SS 499-500 |
| William de Brewys porta son bref de novele disseisine vers Letice qe fut la femme Daniel de Baterler' e |
40 |
Brand: Thomas of Newenham held land of William de Braose in his Kent manor of Wickhambreux. He (and other tenants of the manor) made an acknowledgement of the services they owed William which could be (and apparently were) interpreted as villein services. Thomas later granted the same land to Daniel de Baterle and his wife Lettice. Daniel subsequently appeared before the king's justices at Canterbury and acknowledged owing William the said services. After Daniels' death Lettice remained in seisin of the land. William de Braose then brought Novel disseisin against her claiming the tenement. She pleaded in bar the enfeoffment by Thomas and the fact that he was not named in the writ. William showed how both Thomas and Daniel had acknowledged owing villein services and thus given him seisin of the land as his villeinage. Lettice claimed to have been a joint purchaser of the land and that her husband's acknowledgment could not prejudice her. Eventually she defaulted and the jury was instructed to enquire simply whether or not Thomas had made the acknowledgement that in effect transferred the free tenement to William. Hengham, J. concluded that once that acknowledgment had been made Thomas had disseised William by purporting to alienate the land and that William should recover his seisin.
(novel disseisin)
Brand notes this assize probably dated between 1286 and 1289 |
| LI MS Hale 174, fols. 48r-48v |
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| Paul A. Brand, The Earliest English Law Reports, vol. 4, 123 SS 499-500 (London 2007) (pre-1290 Hengham Assize 2) |
| probably KB 27/98, m. 19 |
0 |
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2008-06-30 |
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