| 1315.046ss |
1315 |
Common Pleas |
Dower |
Dower |
| Pasch. |
8 |
Edw. 2 |
8 |
41 SS 108-111 |
Godle, Ellis de Sjt Gode (for D)
Scrop, Geoffrey le Sjt (for P)
Bereford, WIlliam de CJCP Berr (variant in version III)
Godle, Ellis de Sjt Godefrei (variant in versions II and III) Godel (variant in version III) Stocklay (variant in version IV) Gold
Scrop, Geoffrey le Sjt
Toutheby, Gilbert de Sjt Toud (for D) (version V)
Denum, John or William de Sjt (for P) (version V)
|
Devereux |
Lucy, widow of William |
|
|
|
G., plaintiff's lover
(Chester, Bishop of)
(Devereux, William)
(Master Walter, plaintiff's lover)
(Langton, Walter of, Bishop of Coventry and Lichfield)
(Thomas)
(B., H. of, plaintiff's lover)
(A.) |
F.
G.
Stafford, county of
Tasley, in the county of Salop (Oxford)
Tasley, manor of
Hereford, county of
Lynthall, manor of
Salt.
C., manor of
Limase, manor of
Hertford, county of |
|
Fitzherbert Dower 153
Fitzherbert Voucher 260 |
|
|
| En vn bref de dowere porte uers Gardeyn de vn enfant Gode. voucha a garrantie celuy qe lessa luy la |
9 |
|
Walter of Langton was Bishop of Coventry and Lichfield from 19 Feb. 1296 to 9 Nov. 1321. |
Bolland: Two points were decided in this case. The first was that a guardianship is a chattel, and the assignor of a guardianship with a warranty cannot be vouched to warranty in respect of dower, which is a freehold. The second was that a wife removing herself from the house where her husband lives to another manor of her husband's and there living with an avouterer does not so eloign herself from her husband as to forfeit her right to dower.
Headnote (I): Writ of dower brought against a guardian, who vouched; but his voucher could not be allowed because he was not tenant of a freehold.
Headnote (II): In a writ of dower the tenant argued that the claimant was not entitled to dower on the ground that she had lived in adultery etc. But, as it appeared that she was living in one of her husband's manor-houses, she recovered her dower.
Noted at 41 SS xxxiii-xxxv.
Bereford CJCP, re allegation of wife's adultery: when a wife is living in her husband's house she cannot be said to have left him etc., and it is the husband's business to keep an eye on his guests (qaunt la femme demurt en la mesoun son baroun homme ne put nyent entendre qele se alloigna etc. mes bien se garde le baroun qele meignie in teignt en son oustel)
Editor references Statute of Westminster 2, 13 Edw. 1 (1285), ch. 34. |
BL MS Addit. 35094 (first version)
BL MS Addit. 35094 (second version) (version II)
BL MS Harleian 3639 (version II)
Bodleian MS Tanner 13 (version II)
BL MS Addit. 37658 (first version) (version III)
LI MS Hale 139 (version III)
BL MS Addit. 37658 (second version) (version IV)
BL MS Harleian 2184 (version V)
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Version II had 28 lines. Version III had 24 lines. Version IV had 20 lines. Version V had 36 lines. |
|
William Craddock Bolland, Year Books of Edward II, vol. 17: 8 Edward II (1314-1315), 41 SS 108-111 (London 1925)
Pasch. 8 Edw. 2, pl. [6], Vulgate p. 268 (version I), pl. [12], Vulgate p. 272 (version II) |
| De Banco Roll, Pasch. 8 Edw. 2 (No. 209), r. 136d, Herefordshire |
0 |
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2003-10-28 |
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