Bracton: Thorne Edition: English. Volume 4, Page 188

Harvard Law School Library

Bracton Online -- English

Volume 4, Page 188

Next

Go to Volume: Page:

If view of common of pasture is claimed in a writ of right quo iure.

[002] ‘We order you without delay to cause A. to have the view of the common of pasture
[003] in such a vill which B. of N. claims as appurtenant to his free tenement in the same
[004] vill (or in another) against the same A., as to which the same B. was summoned in
[005] our same court to show by what right he claims such common in the land of the
[006] said A. in as much as he has no common in the land of the said B., nor does the said
[007] B. do him any service by which he ought to have common therein. And instruct
[008] etc.’¹ Or thus ‘the view of the common of pasture in such a vill which B. claims
[009] against the same A. in our court before our justices as appurtenant to his free
[010] tenement in the same vill (or in another) as to which the said A. says that the aforesaid
[011] B. ought not to have common there since the said A.² has no common in the
[012] land of the said [B.] nor does the said [B.] do him service for which he ought to have
[013] common. And instruct etc.’³ Writs of view are always to be formed according to the
[014] form of the original writs.

[In] quo warranto with respect to the lands of the Normans.

[016] If the view ought to be made in a writ of quo warranto, ‘[by what warrant] one
[017] holds land which ought to be the escheat of the lord king,’⁴ then thus: ‘the view of
[018] so much land with the appurtenances in such a vill as to which such a one was summoned
[019] to show by what warrant he holds so much land with the appurtenances in
[020] such a vill which we claim against him in our court as our escheat from the lands
[021] of the Normans.’

On the day given, after the view had, let the essoins begin again.

[023] On another day, after the view granted and made, let the parties begin all their
[024] essoins again, if they wish, the demandant as well as the tenant. Whether they come
[025] or do not, the sheriff ought to tell the four knights who were present at the view to
[026] be present on the day given to attest the view. On that day, whether the parties
[027] come or essoin themselves, once the view is attested, it will always be established
[028] by their record. If an essoin has been cast let mention always be made on the essoin
[029] that the view was attested. If it is not attested and the tenant comes on his day and
[030] wishes to show that he has not had the view, he will have another day, (unless the
[031] demandant can show the contrary) under risk of a wager.⁵

Notes

1. Supra iii, 185

2. ‘A’

3. Supra iii, 185

4. Supra 160

5. Supra 181, 185