| 1340.220rs |
1340 |
Common Pleas |
Escheat |
Eschete |
| Mich. |
14 |
Edw. 3 |
22 |
RS 59-67 |
Thorp, William de Sjt W. Thorpe (for D)
Shareshull, William de JCP Schar
Thorp, William de Sjt W. Thorpe
Stouford, John de Sjt Stouff (for P)
Pole, Richard de la Sjt (for D)
Derworthy, Hamon Sjt (for P)
Basset, William JCP
Gaynesford, John de Sjt (for D Eleanor) (version 2)
Thorp, Robert or William de Sjt Thorpe (for D) (versions 2 and 3) |
Despenser |
Hugh le |
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Claroun, John (de), tenant of plaintiff's mother, husband of defendant Ela
Eleanor, plaintiff's mother
Henry III, King of England
Ferre, Guy, the elder, grantor
Ferre, Guy, the younger, grantee in tail, husband of defendant Eleanor
Turoy (Turreis), Guy of, heir of G. Ferre the younger, defendant's feoffor
(G., grantor)
(A., plaintiff's tenant, grantee in tail)
(J., remainderman)
(A., J.'s brother, defendant's feoffor) |
Buckland, manor of |
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| Hugh le Despenser porta un bref deschete vers J. Counte de Geryn et Elianour de C. et Alicie de E. par |
61 |
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s. v. Sir Hugh le Despenser, Lord Le Despenser, c. 1308 - 1349, son of s.v. Sir Hugh le Despenser, d. 1326, and Alianore, 1292-1337, sister and coheir of Gilbert, Earl of Gloucester and Hertford, in Cokayne, Complete Peerage, vol. 4, pp. 267-274. Hugh le Despenser the younger, a favourite of Edward II, who was executed 24 Nov. 1326, had a son Hugh, 1308-1349. s.v. Despenser, Hugh, the younger, first Lord Despenser, d. 1326, in Oxford DNB. John de Warenne was Earl of Surrey from 7 Apr. 1306 to 29 Jun. 1347. s.v. Warenne, John de, seventh earl of Surrey, 1286-1347 in Oxford DNB. |
Summary: Hugh le Despenser brought a writ of escheat against John of Warenne, Earl of Surrey, and his wife Joan, and against Ela, widow of John Claroun, and against Eleanor, widow of Guy Ferre, by several praecipes, and demanded against the earl and his wife two parts of two parts of the manor of Buckland, agaisnt Ela the third part of the two parts, and against Eleanor the residue of the same manor. He counted that John Claroun held of his mother Eleanor the whole manor by fealty and by rent, and he said that John of Claroun died without heir. The earl said that the plaintiff could not have an action, for in the time of Henry III, a fine was levied of the entirety of the manor, by which G. Ferre the elder granted and rendered the tenements to G. Ferre the younger to have and to hold to him and the heirs of his body, so that, if he should die without heirs of his body, the tenements should remain to John Claroun, upon whose death the plaintiff brought this writ, to have and to hold to him and the heirs of his body, and that, if he should die without heirs of his body, the tenements should then remain to the right heirs of G. Ferre the younger. The earl said that G. Ferre the younger died without heirs of his body, and after his death John Claroun entered, and died without heir of his body, and after his death G. Turoy entered as rightful heir of G. Ferre the younger, and enfeoffed the earl, and he demanded judgment whether the plaintiff could maintain this action against him on the death of one who had only a fee tail. Ela said that she was the wife of John Claroun and held the tenements in dower and by the assignment of Guy of Turoy, and demanded judgment whether the plaintiff could demand anything while she was living. Eleanor said that she was the wife of G. Ferre the younger and held the tenements in dower; judgment whether the plaintiff could demand anything whlie she was living. The plaintiff said that Guy of Ferre the younger died without heir, and he did not understand that one who was altogether a stranger to Guy could plead such a plea. The earl said that he had alleged the fine, and he had shown how he came to this land, all of which the plaintiff did not deny, and even if he had not had the fine, and even if he had been the greatest stranger in the world, he would have been able to plead the entail and to show that John Claroun had only an estate tail, and he had done so; judgment. The plaintiff said that it was not so, as it appeared to him, for it they had to consider the question of making an avowry, the defendant would not compel the plaintiff to make an avowry upon him unless he showed how he was in by true title; no more here. Basset JCP said that he was of opinion that whoever might be tenant of the land, even though he may have been a disseisor, in this writ, could well plead as to the estate of him upon whose seisin the plaintiff wished to maintain his action.
Hugh le Despenser was plaintiff in 1344.231rs = Mich. 18 Edw. 3, pl. 69, RS 303-313 (waste), and in 1345.152rs = Trin. 19 Edw. 3, pl. 53, RS 237-241 (waste). Hugh le Despenser and his wife were plaintiffs in 1342.273rs = Mich. 16 Edw. 3, pl. 89, RS 585-587 (dower), in 1344.120rs = Trin. 18 Edw. 3, pl. 19, RS 319-329 (dower), in Mich. 18 Edw. 3, pl. 38, RS 125-135 (dower), in 1345.140rs = Trin. 19 Edw. 3, pl. 41, RS 213 (dower), and in 1346.007rs = Hil. 20 Edw. 3, pl. 7, RS 27-39 (quare non admisit). Hugh, son of Hugh le Despenser, was plaintiff in 1341.089rs = Pasch. 15 Edw. 3, pl. 40, RS 97 (formedon), and in 1342.063rs = Pasch. 16 Edw. 3, pl. 18, RS 199 (formedon).
John of Warenne (Garreyne), Earl of Surrey, was defendant in 1319.096ss = Pasch. 12 Edw. 2, pl. 39, 81 SS 26-27 (covenant), and in 1330.033ss = Hil. 4 Edw. 3, pl. 33, fol. 13a (formedon in the descender). The Earl of Surrey was defendant in 1339.241rs = Mich. 12 Edw. 3, pl. 64, RS 143-145 (wardship), and in 1343.164rs = Mich. 17 Ed. 3, pl. 23b, RS 121-123. The Earl of Gareine (Warenne) was defendant in 1341.220rs = Mich. 15 Edw. 3, pl. 52, RS 389 (wardship). |
LI MS 40 (186)
BL MS Addit 25184
BL MS Harleian 741 (version 2)
IT MS 510 (version 3) |
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Second version had 47 lines. Third version had 17 lines. |
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| Luke Owen Pike, Year Books of the Reign of King Edward the Third: Years XIV and XV, Rolls Series no. 31, part B, vol. 5 (London 1889), pp. 58-67 |
| Placita de Banco, Mich. 14 Edw. 3, Ro. 102 d |
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2006-04-25 |
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