Bracton: Thorne Edition: English. Volume 4, Page 57

Harvard Law School Library

Bracton Online -- English

Volume 4, Page 57

Next

Go to Volume: Page:

[001] with respect to the services and customs which such a one exacts from him, which he
[002] does not acknowledge, and as to which he has put himself on our grand assise before
[003] you in your county court, the same [lord] nevertheless distrains him for the same
[004] services and customs, which he does not acknowledge, and in other ways grieves and
[005] injures him. Therefore we order you to forbid him to distrain him further for the same
[006] services and customs or to cause him further molestation or grievance in that connexion.
[007] And so conduct yourself in this matter etc.’ There is another writ of peace where
[008] the land sought ought to be held in gavelkind, which is this.

The writ of peace in gavelkind.

[010] ‘The king to the sheriff, greeting. We forbid you to hold the plea which is in your
[011] county court between such a one and such a one etc. (as above) unless the duel etc.,
[012] because such a one, the tenant, has put himself on the jury provided and granted in
[013] place of our grand assise,¹ and asks that a recognition be made as to which of them
[014] has the greater right in that land. Witness etc.’ And note that all writs of peace are in
[015] one of two forms, either a prohibition to the sheriff that he not hold, or to the sheriff
[016] that he forbid others, as lords, guardians, or bailiffs, to hold the plea which is in their
[017] courts etc. as above. All writs of peace ought to be enrolled on the chancery rolls.²

That when the tenant who has put himself on the grand assise has a writ of peace, let the demandant sue out [a writ] to arraign the grand assise before the justices at their coming.

[019] When the tenant has sued out this writ of peace, the demandant ought immediately
[020] to sue out another, for the arraigning of a grand assise before the justices at their
[021] coming, by which four knights are summoned to choose twelve to make that assise,
[022] in this form.

The writ for arraigning the assise.

[024] ³‘The king to the sheriff, greeting. Summon by good summoners four lawful knights
[025] of your county to be before our justices at the first session when they come into those
[026] parts in order to choose on their oath twelve of the more lawful knights of such a
[027] neighbourhood, who best know and will tell the truth, to make a recognition of our
[028] grand assise between such a one, demandant, and such a one, tenant, with respect to
[029] so much land with the appurtenances in such a vill, because he who is the tenant has
[030] put himself on our grand assise and asks that a recognition be made as to which of
[031] them has the greater

Notes

1. Stat. of the Realm, i, 225; Cal. Cl. Rolls 1231-34, 32 (1232)

2. Richardson, 385

3. Glanvill ii, 11; Richardson, 397, 399