| 1315.047ss |
1315 |
Common Pleas |
Besaiel |
Besaiel |
| Pasch. |
8 |
Edw. 2 |
9 |
41 SS 112-116 |
Russel, Robert Sjt (for D)
Scrop, Geoffrey le Sjt (for P)
Herle, William Sjt (for D)
Denum, John or William de Sjt Denom (variant in version II) (for P)
Inge, WIlliam JCP
Bereford, William de CJCP
Scrop, Geoffrey le Sjt
Hertilpole, Geoffrey de Sjt (for D)
Scrop, Geoffrey le Sjt
Inge, William JCP
Scrop, Geoffrey le Sjt
Hertilpole, Geoffrey de Sjt
Bereford, William de CJCP
Hertilpole, Geoffrey de Sjt
Inge, WIlliam JCP
Herle, William
Inge, William JCP |
Samuel (Fannel) |
Richard (Nicholas) |
|
|
Samuel, Emma, wife of Richard
(Fannel, L., wife of Nicholas) |
Annabel, plaintiff Emma's ancestor
Cecil
Elizabeth, plaintiff Emma's mother
John, Annabel's son
(Annabel, plaintiff L.'s ancestor) |
B., church of |
|
| Richard Samuel et Emme sa femme porterunt lour bref de besael uers Iohan le Hopsal et I. sa femme |
80 |
Bolland: The plaintiff, by a writ of besael, claimed certain tenements, tracing her right by descent from one A. It appeared that A. had a son who committed felony and abjured the realm. It was contended by the defendant that if A.'s son survived his mother and committed felony after her death the plaintiff could not base any claim on the seisin of A. The plaintiff replied that the son did not survive his mother and consequently never had any estate which he could forfeit, and that a claim based on descent from A. was good. The issue left to a jury was one of fact, whether the son did or did not survive his mother.
Headnote (I): In a writ of besael the tenant alleged that the great-grandmother had an elder son etc. who committed felony and survived his mother; and afterwards the plaintiff averred that he did not survive etc., and the tenant joined issue.
Headnote (II): In a writ of besael the tenant said that she of whose seisin the claimant had counted had a son John who attained estate and was convicted of divers felonies for which he abjured the realm and asked judgment. The plaintiff denied that John attained any estate.
Inge JCP: he that is once a felon is always a felon (celuy qest vne foithe feloun est touz iours feloun). |
BL MS Addit. 35094
CUL MS Ff. 2, 12
BL MS Harleian 3639
BL MS Addit. 37658 (version II)
BL MS Harleian 2184
LI MS Hale 137(2) (very short) |
|
Version II had 42 lines. |
|
William Craddock Bolland, Year Books of Edward II, vol. 17: 8 Edward II (1314-1315), 41 SS 112-116 (London 1925)
Pasch. 8 Edw. 2, pl. [13], Vulgate pp. 272-273 |
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