Catalogue description Record of Court

Hilary.

File of two documents, sewn along left edge.

(1) [1419] January 12. Writ to the Precipe.

The King to the Sheriff of Bristoll':

Thomas Holwey is to deliver, justly and without delay, to Joan lately wife of John Cloude:

A messuage which she claims as her right and inheritance; to which Thomas has no entry except by John her late husband, who leased it to him without contradiction from her during her husband's lifetime as alleged.

Unless Thomas delivers possession .. he is to be before our Justices at Westminster in the quindene of Easter. [Very faded].

Witness: John Duke of Bedford, Warden of England.

Dated: At Westm', 12 January Our 6th.

Endorsed: [contemp.] Pleg' de pc' Ichannes Stephenes senior. Ichannes Bannam. Sum' Hugo Estes. Mericius Dreu'. Ichannes Bourton, Vic'.(2) Copy of Court Roll.

Bristoll', Hilary term 7 Henry 5, roll 119.

Joan .. by her attorney William Fenyngham seeks against Thomas .. a messuage in Bristoll' which her late husband leased to him for life, which she could not contradict in [John's] lifetime. She says that she herself was seised of the messuage in her demesne as of fee and of right from the time of .. Henry, late King of England, father of the present King. To be taken thence costs to the value etc. and also that etc. Thence produces suit etc.

Plea: Thomas by his attorney Thomas Newman defends his right when etc. He protests that Joan never had anything in the messuage except for the term of her life; also that John had been seised as of right .. and being seised gave it for ever to Thomas and his heirs, who are seised of right by virtue of the gift. He pleads that Joan should have no action against him: he says that she entered the messuage after her husband's death, and demised the whole estate which she had in it to him.

He was paying her 13s. 4d. yearly rent to her for life. By virtue of the demise, he entered and remains seised. Joan is still seised of the rent at her own (ipsius) will. Ready to verify: seeks judgment whether she should have or maintain action against his demise.

Joan protests that she was seised of right; and that she did not enter the messuage, as Thomas alleged, after John's death. She should not be excluded from the suit by any action alleged before; for she says that she did not demise to Thomas her whole estate in the messuage in the form that he alleged. Seeks that it may be inquired by her country.

Thomas likewise prayed the Sheriff to make twelve etc. come to Court in the octave of Trinity by whom etc.

Qui nec etc. ad recogn' etc. ita quod etc.

Endorsed: [Hudd's particulars; and date, also on rectc. Hudd completely misunderstood the nature of the record. Also numbered 105a].

Note: See P/AS/D/CS A 12-15