[001] peace until such a day, which our trusty and well-beloved, such a one, shall make [002] known1 to you, and meanwhile etc. And summon them etc. that they then be [003] before the aforesaid, such a one and his companions, whom etc. (or ‘at a certain [004] time and place which he shall make known2 to you’) ready etc.’ And so with respect [005] to the other assises. In such case it often happens that for some reason another [006] justice is associated with the justice designated, perhaps at the suit of the disseisor [007] that the taking of the assise may be fraudulently deferred. Then, if such [associate] [008] comes all is well. If he does not, let the assise proceed nevertheless, because the writ [009] patent for taking the assise has greater authority than the writ close of association, [010] unless there is an express command that the assise not be taken without him. If [011] the assise has first been summoned before the justices at Westminster and justices [012] are afterwards appointed in the county in order to expedite the taking of the [013] assise, let a writ issue in this form:
Writ where an assise is transferred from the bench to the county
[and] to specified justices. [015] ‘The king to A. B. [and] C., greeting. Know that we have appointed you our [016] justices to take the assise of darrein presentment which was summoned before [017] our justices at Westminster between A. the plaintiff and B. the impediant concerning [018] such a church. Therefore we order you etc. (as above). We have ordered [019] our sheriff, such a one, to cause the recognitors of the said assise to come before [020] you3 at such a date and place (or ‘at a certain date and place when you are able [021] to give your attention thereto’) to make that assise as they were to come on such [022] a date before our justices at Westminster to make it. We have also ordered him to [023] warn the aforesaid B. to be present at that time to hear that assise in the same state [024] in which it was adjourned before our justices at Westminster on such a day etc., [025] notwithstanding that the same day was [not] given the same B. by his essoiner [026] after he had made default before the said justices at Westminster. And whether [027] he comes or not, proceed to the taking of the assise, as well because of the lapse of [028] six months as because, were he present, he could say nothing against the assise, [029] as to why it should remain, after the said default made by him in the aforementioned [030] court at Westminster. In witness whereof etc. Witness etc.’ Another writ [031] close on the same matter is to be directed to the sheriff in this form.
Writ close on the same matter to be directed to the sheriff.
[033] ‘The king to the sheriff, greeting. Know that we have appointed such persons our [034] justices for taking the assise of darrein presentment which was summoned before
Volume 2, Page 315
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