Bracton: Thorne Edition: English. Volume 4, Page 187

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Bracton Online -- English

Volume 4, Page 187

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[001] his right (or ‘so much rent’ or ‘such common of pasture’ or ‘that he do him suit’
[002] and the like) etc. And B. comes and claims the view of the tenement from which
[003] such rent issues (or ‘of the tenement in which he claims such pasture,’ or ‘of the
[004] tenement from which A. claims suit’ and the like, according to the original writ).
[005] Let him have it. A day is given them in the octaves etc.’ And so if dower is claimed
[006] or something is claimed by writ of entry, then thus: ‘A. claims against B. so much
[007] land with the appurtenances in such a vill as her dower (or ‘as her right in which
[008] the same B. has no entry except by such a one etc.’).’ Thus the enrolment is varied
[009] according to the variety of pleas.¹

Writ for making the view, if of the whole.

[011] ‘The king to the sheriff, greeting. We order you without delay to cause B. to have
[012] the view of so much land with the appurtenances in N. which A. of N. claims against
[013] the aforesaid B. as his right in our court before our justices at Westminster. And
[014] instruct four knights of those who make that view to be before our same justices
[015] at Westminster (or ‘before us wherever we then are in England’) [on such a day]
[016] to attest that view. And have there the names of the knights and this writ. Witness
[017] etc.’² These writs are varied in many ways, as ‘cause B. to have the view of the
[018] tenement in such a vill from which a rent of ten shillings issues, which rent A. of
[019] N. claims as his right against the aforesaid B. in our court etc. And instruct etc. (as
[020] above).’ Or thus ‘the view of so much land with the appurtenances in N. of which
[021] C. who was the wife of D. was specifically endowed.’ Or if she claims some certain
[022] and separate part, pro diviso, then thus: ‘the view of so much land etc. which A.
[023] who was the wife of B. in our court etc. claims in dower against him.’ If she claims
[024] a third part (uncertain and undetermined) of some whole, then thus, ‘the view of
[025] so much land with the appurtenances etc. of which A. who was the wife of C.
[026] claims the third part in dower against him in our court etc. And instruct etc.’ If
[027] there is a plea of common of pasture by writ of right quo iure, then thus:

Notes

1. Om: ‘et huiusmodi sunt,’ repeated after writ

2. C.R.R., xiv, no. 2477: ‘Teste W. de Ralegh’