[001] to take such an assise’ (or ‘such an assise which such a one has arraigned etc. (as [002] above)’ or thus, ‘to take the assise of novel disseisin which such a one has arraigned [003] etc. (as above).’ And similarly ‘for the assise of mortdancestor which such a one [004] has arraigned etc. (as above).’ [Not only one but several assises may be comprised [005] in one judicial commission, as where1 there is one demandant or plaintiff and [006] several disseisins, or several disseisors, or several tenants, or one.] ‘Therefore [007] we order you to have that assise (or ‘those assises’) at the date and place aforesaid [008] (or ‘at the date and place which they shall make known to you’) before our said [009] justices etc. Witness etc.’ If it is an assise of darrein presentment which is to be [010] taken before such justices the form is as follows: ‘to recognize on their oath what [011] patron in time of peace presented the last parson etc. (in all respects according to [012] the form of the [preceding] writ).’ If it is an assise utrum, then thus, ‘to take the [013] assise which has been summoned before you at our command between A., parson [014] of such a church, demandant, and B., a layman, the tenant,’ or conversely ‘to [015] recognise whether so much land (or ‘rent’) with the appurtenances in such a vill [016] is free alms belonging to the church of the said A. or the lay fee of the said B. (or [017] conversely, ‘whether so much land (or ‘rent’) with the appurtenances in such a [018] vill is the lay fee of the said B. or the free alms of the said A.’ If a single justice [019] is appointed, a justice of the bench or another, let a writ patent of commission then [020] issue to him in the following form.
[Writ] if a justice of the bench is appointed sole judge with power to assume others. [022] ‘The king to his trusty and well-beloved such a one, greeting. Know that we have [023] appointed you our justice, together with others whom you think fit to associate [024] [with yourself] (or ‘to be assumed’) to take the assise of novel disseisin which A. [025] has arraigned before you by our order against B. and the others named in our [026] original writ with respect to his free tenement in such a vill. (Or thus: ‘to take the [027] assise of mortdancestor’ or other [assise] according to the form of the writ). [028] Therefore we order you that at a time and place etc. (as above) to do etc., saving [029] etc. We have ordered etc. In witness whereof etc.’ And let a writ close on the same [030] matter issue to the sheriff, that he cause the assise to come before the justices, as [031] follows.
Writ close to the sheriff on the same matter.
[033] ‘The king to the sheriff, greeting. Such a one has complained to us that such a one [034] etc. (and then the whole original [writ] word by word up to2 ‘And that the said [035] tenement be in
Volume 2, Page 314
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