| 1317.025ss |
1317 |
Common Pleas |
Taking of animals (replevin?) |
|
| Hil. |
10 |
Edw. 2 |
25 |
54 SS 63-72 |
Aldburgh, Richard de Sjt (for D)
Malberthorpe, Robert de Sjt Malm (for P)
Scrop, Geoffrey le Sjt (for D)
Malberthorpe, Robert de Sjt Malm
Scrop, Geoffrey le Sjt
Malberthorpe, Robert de Sjt Malm
Scrop, Geoffrey le Sjt
Friskeney, Walter de Sjt ffr (for P)
Mutford, John de JCP Mutt
Bereford, William de CJCP Berr
Cantebrigge, John de Sjt Caunt (variant in versions II and IV) (for P)
Denum, John or William de Sjt Denom (for D) (possibly misattributed)
Denum, John or William de Sjt Denom (for P?) (possibly misattributed)
Malberthorpe, Robert de Sjt Malm
Scrop, Geoffrey le Sjt
Malberthorpe, Robert de Sjt Malm
Scrop, Henry le JCP (version II)
Herle, WIlliam Sjt (for D) (versions III and IV)
Passelewe, Edmund de Sjt (for P) (version III)
|
Walton (Waltoun) (B.) (J.) |
William of |
|
|
|
Ros, Thomas, son of William of, joint tenant with defendants
Lancaster, William of, former lord of plaintiff's land
Henry III, King of England
Edward I, King of England
(John, King of England)
(B., John of, former lord of plaintiff's land)
|
Strickland-Kettel (Stirklanketel, Stikwade, Stokwade, K.), vill of
Croke
Crokeswood (Donewyche) |
|
| Fitzherbert Comen 22 |
same defendant (Twenge) 1317.020ss = Hil. 10 Edw. 2, pl. 10, 54 SS 53-56
same defendant (Twenge) 1317.070ss = Trin. 10 Edw. 2, pl. 3, 54 SS 144-146 |
Westminster 2nd (1285), 13 Edw. 1, ch. 46 (appurtenance of common) |
| Ingram de Gynes et Cristiane sa femme et Marmeduke de T. fuerunt attache a respoundre a William de |
58 |
|
s.v. Ingram de Gynes, Sire de Coucy, Lord Gynes, d. 1323, married Christian, daughter and heir of William de Lindsay, d. 1333, in Cokayne, Complete Peerage, vol. 6, pp. 224-225. Christian inherited half the honour of Kendal through her great-grandmother Alice, sister and coheir of William de Lancaster and wife of William de Lindsay, id. p. 225 note (b). s.v. Marmeduke de Thweng, Lord Thweng, d. 1323, in Cokayne, Complete Peerage, vol. 12A, pp. 740-741. |
Editors: In an action of replevin for the taking of pigs, the defendants avowed on the ground that they distrained them damage feasant on their land. The plaintiff replied that he had a right of common appendant over the land in question, to which the answer was given that no common could be appendant to the land because it was not anciently arable, but inclosed land. This was held to be a good answer, although the plaintiff alleged that he was seised of the common since the coronation of Henry III. Issue was eventually taken on the question whether the land was anciently arable or inclosed land.
Headnote: Taking of beasts where two lords of one ville avowed for damages feasant where the plaintiff said that he had free tenement in the same ville to which common was appendant, and he asked judgment and the lords said that it was a place inclosed from waste to which common could not be appendant. And the plaintiff said that he and his ancestors and the tenants of the land were seised of this common as appendant to their free tenement since the time of King John, and he wished to drive the party to answer on this seisin.
Noted at 54 SS xxii-xxiii.
Marmaduke of Twenge (Thwing, Tweng, Twenk) was defendant in 1307.083rs = Trin. 35 Edw. 1, pl. [21], RS 561-565 (ravishment of ward), in 1309.098ss = 2 Edw. 2, pl. 98, 17 SS 176-183 (replevin), in 1313.594ss = 6 & 7 Edw. 2, Mortdancestre [29], 29 SS 50-56, Kent Eyre, in 1317.020ss = Hil. 10 Edw. 2, pl. 20, 54 SS 53-56 (replevin?), and in 1317.070ss = Trin. 10 Edw. 2, pl. 3, 54 SS 144-146 (replevin), and donor in 1331.057 = Pasch. 5 Edw. 3, pl. 13, fols. 15b-17a (formedon in the descender). Isabel, widow of Marmeduke of Twenge, was plaintiff in 1331.134 = Mich. 5 Edw. 3, pl. 18, fols. 37a-38a (dower). |
BL MS Addit. 37658
BL MS Harleian 1062, Mich. (version II)
BL MS Harleian 3639, Mich. (version II)
CUL MS Gg. 5, 20 (version III)
LI MS Hale 139 (version III)
CUL MS Ff. 2, 12 (version III)
BL MS Hargrave 210 (version III)
Holkham MS 244 (version III)
Bodleian MS Tanner 13 (short) (version III) |
|
Version II had 108 lines. Version III had 86 lines. Version IV had 90 lines.
Fitzherbert dated this as Mich. 10 Edw. 2. |
|
| M. Dominica Legge and William Holdsworth, Year Books of Edward II, vol. 21: 10 Edward II (1316-1317), 54 SS 63-72 (London 1935) |
| De Banco Rolls, Hil. 10 Edw. 2 (No. 217), r. 117d, Westmorland |
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2006-02-11 |
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