Bracton: Thorne Edition: English. Volume 2, Page 170

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Volume 2, Page 170

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[001] ought to be preferred in the exercise of such liberty, since both were granted the
[002] right to take tolls and customary dues and were exempted from rendering them to
[003] others, grants which are repugnant to one another. Recourse must of necessity be
[004] had to priority of issue if neither of them has real use but only quasi-use. But if
[005] one of them has used his liberty and has taken toll and customary dues from the
[006] others in a vill or market or at fairs, and been¹ quit of such in the vill, market or
[007] fairs [of the others], he ought to be preferred because of his use and ought to retain
[008] [his liberties] since they are prior in use though not in date of issue. This will
[009] [always] be true where those who acquired their liberties subsequently have made
[010] [first] use of them, [unless those who first acquired aid themselves quickly and
[011] without delay,] but if those who acquired first have been the first to use, so² that
[012] they have taken customary dues from the others in [their] vill [and have been
[013] quit in the vills] of the others, they will retain their liberties, not only because of
[014] priority of issue but because of priority of use. If after such priority of issue and
[015] use others acquire a liberty which they may use, those who have priority do not
[016] lose their liberty because of that. But suppose that those who are first in issue and
[017] use lose [their liberty] by non-use, and before they have been restored the others
[018] acquire and use; those who were prior in acquisition and use will never be restored.
[019] But if those who have priority have been restored after the others have acquired
[020] but before they have used, by such restoration they will retain the liberty they
[021] first had and be preferred to the others because of their actual use, which must be
[022] preferred to fictitious use.

If one has troubled another contrary to liberties granted by the king.

[024] If one presumes, therefore, contrary to such liberties, to oppress or trouble those to
[025] whom they have been granted, let him be summoned to appear before the king or
[026] his justices to answer therefor by this writ:

Writ: why one has troubled another contrary to his liberty.

[028] ‘The king to the sheriff, greeting. Summon the mayor and bailiffs of such a city
[029] (‘borough’ or ‘vill’) by good summoners to be before us or our justices at such a
[030] place on such a day to answer such a one (or ‘such persons’) as to why they took
[031] toll and customary dues in their vill, such a one, from the men of such a one (or
[032] ‘from such burgesses’) contrary to the liberties which he (or ‘they’) have by our
[033] charter and those of our ancestors, kings of England, which liberties they have
[034] hitherto used, as they say. And have there the summoners and this writ. Witness
[035] etc.’³

On putting forward the plaintiff's case.

[037] ⁴When, after essoins and delays, the defendants appear, let the plaintiff put forward
[038] his complaint

Notes

1. ‘habuerit’

2. ‘ita quod,’ as line 5 supra

3. Selden Soc., vol. 60, xc

4. Cf. B.N.B., nos. 16, 145