Bracton: Thorne Edition: English. Volume 2, Page 215

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Bracton Online -- English

Volume 2, Page 215

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[001] and in all other things. And when that extent and valuation have been made,
[002] then by their oath cause all that land with the appurtenances to be divided equally
[003] into two, so that each portion is equal to the other. And partition having been so
[004] made, cause each of them to have and to be assigned his part, saving to the same B.
[005] so much of the land which he retains to himself and his heirs without the part [which
[006] the same A. has with him].¹ and also saving to him his seniority. And what and where
[007] and by what parcels you assign his share to each make known to us or our justices
[008] etc. at such a place and day, clearly, distinctly, and openly by your sealed letters and
[009] by four lawful men from among those by whom that partition was made. And have
[010] there this writ and the names of those by whose oath you made that partition.
[011] Witness etc.’ There is another writ of the same kind directed to the sheriff, but in a
[012] different form.

Writ that one be present to take the oath of the extenders if the extent is to be made outside the county.

[014] ‘The king to the sheriff, greeting. We order you, setting aside all delay, to be present
[015] on such a day and at such a place to take the oath of such a one and his associates,
[016] chosen to make an extent and valuation of the lands and tenements of such an
[017] honour, in accordance with what is contained in our letters patent which will then
[018] be shown you. And if necessary cause to come before these knights others of the
[019] same honour whom the aforesaid knights desire to call, that they be aids to these
[020] knights on their oath in making the said extent and valuation. And when that
[021] extent and valuation has been rightfully made, cause such a one to have full seisin
[022] of all the lands and tenements of the said honour with the appurtenances. Witness
[023] etc.’ Sometimes the knights fail to come to make the extent in response to the
[024] king's first order, or if they do the sheriff does negligently what he was enjoined to do.
[025] If the knights do not come let them be ordered again, by this writ.

Writ where the extenders have done nothing in response to the first order.

[027] ‘The king to his beloved and faithful A. B. C. and D., greeting. Well we remember
[028] that at another time we informed you that in our court before etc. A. and B.
[029] chose you by common consent, that by your oath all the lands and tenements
[030] of such an honour

Notes

1. ‘sine parte quam idem A. habet cum eo, ’as supra 213