Bracton: Thorne Edition: English. Volume 3, Page 375

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Volume 3, Page 375

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[001] there the summoners and this writ. Witness etc.’ On which day C. may well essoin
[002] himself if he wishes; if he neither comes nor essoins himself, let the land be taken into
[003] the hand of the lord king at once by the little cape, and let him be summoned to be
[004] present to hear his judgment.¹ Whether he then appears or not, A. will recover her
[005] dower without any further delay, because the tenant can advance no further exception
[006] by which judgment may be delayed, for nothing follows except judgment,
[007] whether it finds for the demandant or the tenant, as is proved [in the roll] of
[008] Michaelmas term in the fifteenth and the beginning of the sixteenth years of king
[009] Henry in the county of Southampton, [the case] of a certain Alditha.² If the inquest
[010] finds for the woman, let seisin be given her by this writ.

Writ for giving seisin to the woman when the inquest has found for her.

[012] ‘The king to the sheriff, greeting. Know that A. who was the wife of B. in our court
[013] before our justices etc. by judgment of our same court has recovered her seisin
[014] against C. of so much land with the appurtenances in such a vill as her dower.
[015] Therefore we order you that without delay you cause the same A. to have full seisin
[016] of the aforesaid land with the appurtenances in the name of dower. Witness etc.’
[017] If husband and wife ought to be named, the husband to whom she has since been
[018] married, then thus: ‘Know that A. of N. and B. his wife etc. (as above) of so much
[019] land with the appurtenances in such a vill as the dower of the same B. Therefore
[020] we order you to cause the same A. and B. to have full seisin of the aforesaid land with
[021] the appurtenances in the name of the dower of the said B.’ ³If the [tenant] summoned
[022] neither comes on his day nor essoins himself, let the land then be taken into
[023] the hand of the lord king by default by the little cape, and let him be summoned to
[024] be present on another day to hear his judgment, as above.⁴ If he does not come on
[025] that day the woman will recover her seisin by default, and let seisin be given her by
[026] this writ.

If the person summoned neither comes nor essoins himself.

[028] ‘The king to the sheriff, greeting. Know that A. who was the wife of B. in our court
[029] etc. recovered her seisin of so much land with the appurtenances in N. as her dower
[030] against C. of N. by the default of the same C. Therefore we order you to cause the
[031] same A. etc. (as above).’ If her dower has been acknowledged to her without plea,
[032] by leave [of the justices], then thus, ‘Know that when A. in our court etc. claimed
[033] against C. so much land with the appurtenances in N. as her dower the same C. came
[034] into our same court and acknowledged and granted to the same A. the whole of the
[035] aforesaid land with the appurtenances as the dower of the same A. Therefore we
[036] order you etc. (as above).’

If [the marriage] has been proved in court christian and when the woman is returning to the court [the tenant] dies.

Notes

1. ‘Om: ‘Ad quem . . . iudicium suum,’ repeated below

2. B.N.B., no. 647; no roll extant

3-4. Repetition of lines 1-4