1340-05-22, Westminster

To the justices of the Bench. Whereas Geoffrey son of William de Staunton impleads before them John de Staunton of Eyleston, knight, and Amy his wife concerning 15 bovates of land in Eyleston, and the process being continued before them, Amy appearing after the taking of the land into the king's hand by John's default, on the quinzaine of Michaelmas last, and asserting that the land is her right and seeking to defend her right, is admitted for this by the justices, because she came to be admitted before judgment, and she further called John to warranty against Geoffrey in this plea and to this Geoffrey said that John ought not to be admitted because he is Amy s husband, unless he show the court why she should call her husband to warranty; and Amy alleged that he was alone seised of the land and afterwards a fine was levied in the late king's court on the octaves of Hilary in the 16th year of the reign, between John and Amy, demandants, and Thomas de Crauthorn, deforciant, before William de Bereford and his fellows, then justices of the Bench, by which fine John acknowledged that the tenements were the right of Thomas as those which he had of John's gift, and for that acknowledgment Thomas granted the tenements to John and Amy, showing part of this fine before the justices, asserting that Amy called John to warranty concerning the state which he held before the said fine; and Geoffrey said that Amy ought not to be admitted to call John because Thomas ought to have had the tenements of John's gift before the fine, since Thomas never had any estate in the tenements and he offered to verify this, seeking judgment if she were admitted to call to such warranty, and Amy asserted in reply that she ought not to be excluded from this because she alleged that the seisin of John was not deducted before the levying of the fine for Geoffrey and from which Geoffrey made her tenant of the tenements of his writ together with her husband, which has to be understood as a change of possession from John to Thomas, and Thomas rendered the land to John and Amy in the form aforesaid ; and Amy seeks judgment if she ought not to be admitted to call John; and Geoffrey said that there was no cause why Amy ought to have that call, because Thomas ought to have held the land of John's gift before the fine, and he pretended to verify that Thomas never had any thing in the land, which verification Amy refused to admit, seeking judgment to be admitted to that call and she alleged that she ought not to be excluded from the call by the verification against what she alleged above, which is not contravened by G and she sought judgment, protesting further that if the court thinks it necessary for her to answer, she is ready to do so; wherefore a day was given to the parties before the justices upon the premises, fifteen days from Hilary last, and further for excuse of Amy to the quinzaine . Parr 1. 409 Trinity next, and Geoffrey besought the king by his petition him and his council in the last parliament at Westminster, that when transcript of the record and process of the said plea is read and examined the council, the king will order justice to be done on the said by advice of the council, according to the form of the force and of the plea, without further prorogation, and the affair being before the council with no small difficulty, it seemed to them that the law of the land Geoffrey, who is strange to the said fine, should be to the verification which he claims because he is not amoved thereby statute or by other law, wherefore the court ought to proceed to judgment as the parties plead and stay in judgment, and also for the above in the record where Amy says that if the court thinks it for her to answer she is ready to do so, it is agreed by the council she cannot come to another answer by the law of the land nor save any by her protest from the time when the parties are staying in judgthe king therefore orders the justices to view the record and process, transcript of the petition and endorsement thereof and the tenor of the and process aforesaid which the king caused to come before him in and which he sends to them under the half seal, and to proceed judgment in that plea without delay according to the agreement advice aforesaid, notwithstanding the said protest. By pet. of parliament.