Bracton: Thorne Edition: English. Volume 3, Page 249

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Volume 3, Page 249

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[001] who has the wardship of an inheritance, with or without the heir, and commits
[002] waste or destruction; he restores damages and loses the custody.]¹ ² let him at once
[003] have recourse to the aid of a superior, whether there is one heir or several parceners
[004] having one right, no one of whom may bring the assise without the others. If all are
[005] not named in the writ it falls because of the absence of one only, nor when he is not
[006] named will he be summoned to sue with his parceners, as may be seen below in certain
[007] cases.³ A writ having been impetrated, the duty of the sheriff may adequately be
[008] ascertained from what is done in the other assises.⁴ The form of the writ will be this:

The writ of the assise of mortdancestor.

[010] ⁵‘The king to the sheriff, greeting. If such a one has made you secure as to the prosecution
[011] of his claim, then summon by good summoners twelve free and lawful men of
[012] the neighbourhood of such a vill to be before our justices at their first session, when
[013] they come into those parts, ready to recognize on oath if such a one, the father (or
[014] ‘mother,’ ‘uncle’ or ‘aunt,’ ‘brother’ or ‘sister’) of such a one was seised in his (or
[015] ‘her’) demesne as of fee of so much land (or ‘so much rent’) with the appurtenances
[016] in such a vill on the day he (or ‘she’) died, and if he (or ‘she’) died after the last return
[017] of king John our father from Ireland into England,⁶ and if the aforesaid, such a one,
[018] is his (or ‘her’) nearer heir. And in the meantime let them view that land (or ‘the
[019] tenement whence that rent issues’) and cause their names to be written down. And
[020] summon by good summoners such a one who holds that land (or ‘deforces him of
[021] that rent’) to be there at that time to hear that recognition. And have there the
[022] summoners and this writ. Witness etc.’

Another writ: of one who is within age.

[024] ⁷‘The king to the sheriff, greeting. Summon by good summoners twelve free and
[025] lawful men of the neighbourhood of such a vill to be before our justices at their first
[026] session when they come into those parts, ready to recognize on oath if such a one, the
[027] father (or ‘mother,’ ‘uncle’ or ‘aunt,’ ‘brother’ or ‘sister’) of such a one was seised in
[028] his (or ‘her’) demesne as of fee of so much land with the appurtenances in such a vill
[029] [etc.] and if he, such a one, is his (or ‘her’) nearer heir. And in the meantime let them
[030] view that land, and cause their names to be written down. And summon by good
[031] summoners such a one who holds that land to be there at that time to hear that
[032] recognition. And have there the summoners

Notes

1. Infra 256, 410

2. Om: ‘Cum autem . . . cognoscatur,’ a connective

3. Infra 305-6, iv, 330-31

4. Supra 57, 171

5. Glanvill, xiii, 3

6. Established 1237; Cal. Cl. Rolls 1234-37, p. 521

7. Glanvill, xiii, 5