| 1315.048ss |
1315 |
Common Pleas |
Waste |
Waste |
| Pasch. |
8 |
Edw. 2 |
10 |
41 SS 116-119 |
Scrop, Geoffrey le Sjt (for D)
Toutheby, Gilbert de Sjt Toud (for P)
Denum, John or William de Sjt (for D)
Bereford, William de CJCP
Scrop, Geoffrey le Sjt Denom
Bereford, William de CJCP
Scrop, Geoffrey le Sjt
Toutheby, Gilbert de Sjt Toud
Scrop, Geoffrey le Sjt
Bereford, WIlliam de CJCP
Toutheby, Gilbert de Sjt Toud
Bereford, William de CJCP
Toutheby, GIlbert de Sjt Toud
Bereford, William de CJCP
Scrop, Geoffrey le Sjt
Bereford, William de CJCP
Toutheby, GIlbert de Sjt Toud
Bereford, WIlliam de CJCP Berr (variant in version II)
Toutheby, GIlbert de Sjt Toud
Inge, William JCP (version II)
Scrop, Henry le JCP (version II)
Malberthorpe, Robert de Sjt Malm |
Cayley (Caylly) |
Thomas of |
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Driby (Dryby), Joan of
Orby, Philip, son of John of |
Butler, William
Bratton, Sir Harry of |
Chancery |
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| Fitzherbert Waste 110 |
same case variant report 1315.113ss = Mich. 9 Edw. 2, pl. 37, 45 SS 84-85
Case of W. Butler (writ of waste for waste committed in ancestor's time) ; see Statute |
Gloucester (1278), 6 Edw. 1, ch. 5 (recovery of damages for waste)
'Statute of William Butler,' (ordinance) 20 Edw. 1 (heir shall have a writ of waste for waste committed in ancestor's time), Statutes of the Realm vol. I, p. 109 |
| Treys parceners porterunt lour bref de wast et pendaunt le plee la vne morust et auoit issue qe ouesque |
58 |
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s.v. Robert de Tateshal, Lord Tateshal, 1248-1298; his son Robert (de Tateshal), Lord Tateshal, c. 1268-1303; and his son Robert (de Tateshal), Lord Tateshal, c. 1288-1306, in Cokayne, Complete Peerage, vol. 12A, pp. 650-653. The third Robert de Tateshal died childless, and his three coheirs were Thomas de Cailly, Joan de Driby, and Isabel, wife of John de Orreby (mother of Philip de Orreby). s.v. Thomas de Cailly, Lord Cailly, b. before 1282, d. 1316, one of three coheirs of his cousin Robert de Tateshall, Lord Tateshall, d. 1306, in Cokayne, Complete Peerage, vol. 2, p. 407. Joan, wife of Robert de Driby, coheiress of s.v. Robert (de Tateshal), Lord Tateshal, c. 1288-1306, in Cokayne, Complete Peerage, vol. 12A, p. 653 n. (d). s.v. Philip de Orreby, d. before May 1326, son and heir of John de Orreby and his wife Isabel, d. before 1313, youngest daughter of Sir Robert de Tateshal, d. 1298, who was coheir of her great-nephew Robert de Tateshal, d. 1306, in Cokayne, Complete Peerage, vol 10, pp. 172-173. Joan, probably daughter of Hugh Bardolf, wife of s.v. Robert (de Tateshal), Lord Tateshal, c. 1288-1306, in Cokayne, Complete Peerage, vol. 12A, pp. 651-652. |
Bolland: A writ of waste was brought jointly by three co-parceners for waste to their common disherison. Plea pending, one of the parceners died, leaving a son and heir, A.; and the writ consequently abated. A. joined himself with the two surviving parceners and purchased a fresh writ, which laid the same waste and alleged that it had been done to the disherison of the plaintiffs. The defendant argued that waste done before A. had succeeded to any estate of inheritance could not have been done to his disherison, and asked judgment of the writ. For the plaintiffs it was replied that by a statute of 20 Edward I an action was given to an heir for waste committed in the time of his ancestor. The existence of any such statute was challenged by the Court, and they reserved judgment until they had an opportunity of considering the validity of the alleged statute. No judgment is reported or recorded.
Headnote (I): A writ of waste was brought for waste made in the time of three parceners. While the plea was still pending one of the parceners died, leaving a son, who now brings a writ of waste jointly with his two aunts, his father's sisters; and the writ was ruled good.
Headnote (II): In a writ of waste brought by three parceners the tenant said that they had previously brought a like writ and that one of the parceners had died while it was pending, and asked judgment whether he could be made to answer of waste done in the time of a predecessor.
Noted at 41 SS xiii-xvi (discussing Statute of WIlliam Butler).
Scrop Sjt: There is nothing wonderful in that, for the like circumstances never happened before (Le cas ne auenit vnqes auaunt par quei nest pa merueille)
Bereford CJCP, in response to citation of an ordinance made in Chancery: You are here now. When you are in the Chancery help yourself by this ordinance. (Vous estes ore iscy qaunt vous estes en la chauncellerie eidetz vous par cele ordinaunce).
Bereford CJCP, Latin maxim: non exemplis set racionibus adiudicandum est
Toutheby Sjt: if this trespass remain unpunished it will be contrary to the spirit of the common law which would rather punish trespassers than let them go free (si demorra ceo trespas despuny la ou commune ley est plus fauourable a puner les trespassours qe a saluer etc.)
Editor noted similar facts and arguments in 1314.034ss = Pasch. 7 Edw. 2, pl. 12, 39 SS 126-129.
Butler's case is also cited in 1318.001ss = Hil. 11 Edw. 2, pl. 1, 61 SS 152-160.
Thomas of Cayley (Caylly, Cailly) was defendant in 1314.009ss = Hil. 7 Edw. 2, pl. 9, 39 SS 51-54 (waste), and plaintiff in 1315.113ss = Mich. 9 Edw. 2, pl. 37, 45 SS 84-85.
Joan of Driby was defendant in 1307.091ss = Mich. 1 Edw. 2, pl. 1, 17 SS 1-4 (formedon in the reverter), in 1313.099ss = Trin. 6 Edw. 2, pl. 12, 36 SS 45-48 (ael), and in 1314.025ss = Pasch. 7 Edw. 2, pl. 3, 39 SS 85-87 (ael), and plaintiff in 1315.113ss = Mich. 9 Edw. 2, pl. 37, 45 SS 84-85. |
BL MS Addit. 35094
CUL MS Ff. 2, 12
BL MS Addit. 37658 (version II)
LI MS Hale 137(2) (very short)
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Version II had 42 lines.
Fitzherbert dated this to Hil. 8 Edw. 2. |
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William Craddock Bolland, Year Books of Edward II, vol. 17: 8 Edward II (1314-1315), 41 SS 116-119 (London 1925)
Pasch. 8 Edw. 2, pl. [14], Vulgate pp. 273-274 |
| De Banco Roll, Hil. 8 Edw. 2 (No. 208), r. 150d, Norfolk |
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2006-01-21 |
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