[001] are called justices, when they are appointed by the king, sometimes chosen by the [002] parties by common consent, we must first see how they are appointed by the king [003] and by what writ. The writ is this.
[Writ for] appointing justices to make a partition. [005] ‘The king to his beloved and faithful A. B. C. and D., greeting. Know that we have [006] appointed you justices, that before all of you, or some if all cannot be present, an [007] extent [and valuation] be made of such an honour [between A. of N. and B. of N. by [008] such persons], in accordance with what we have made known to the aforesaid [009] persons and their companions by our letters patent. Therefore we order you to [010] assemble on such a day at such a place and to extend, lawfully, discreetly and reasonably, [011] and cause to be valued by the oath of the persons aforesaid, or some of them if [012] all chosen by common consent of the parties are not present, all the lands and tenements [013] of the said honour of N. with all its appurtenances, that is, in demesnes, [014] villeinages, in the services of free men, in meadows, pastures, woods and fields, and [015] in all other things belonging to those lands and tenements. And if all the chosen [016] extenders do not come on that day, or though they come are unwilling to make the [017] extent, then put in their place other lawful and discreet men whom you find more [018] useful for this purpose and cause that extent and valuation to be made by their oath, [019] in accordance with what was said above, so that the extent is in no way delayed [020] beyond that day. And know that the aforesaid persons have found sureties for having [021] their extenders, that is, those chosen by the parties and named above, on the same [022] day. And cause that extent and valuation to be made known to us or our justices, [023] such persons at such a place, on such a day, clearly, distinctly and openly, under the [024] seals of the aforesaid extenders. In testimony whereof etc. Witness etc.’ There is [025] another form of the same writ; if the men of that county are disobedient, how others [026] from another county are to be substituted in their place to make the extent.
[Writ] appointing justices to be present at a partition. [028] ‘The king to his beloved and faithful men, greeting. Know that we have appointed [029] you our justices to be present at the making of an extent and valuation between [030] such persons and such other persons with respect to such an honour with the [031] appurtenances, so that the extent and valuation be made before you on such a day [032] and at such a place by A. B. C. and D. chosen on the part of such a one and by [033] E. F. and G. chosen on the part of such other person if they all are then
Volume 2, Page 209
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