Bracton: Thorne Edition: English. Volume 4, Page 240

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Bracton Online -- English

Volume 4, Page 240

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[001] at a day and place which our sheriff of Essex will make known to you, to cause to
[002] come before him A. and B., witnesses named in a charter which D. in our court before
[003] our justices etc. produces under the name of E. etc. (as above).¹ And in addition eight
[004] (or ‘twelve’), knights as well as others etc. of your county, by whom the truth of the
[005] matter etc., to recognise on their oath, together with F. and G. from the county of
[006] Surrey, other witnesses named in the same charter, and together with eight, both
[007] knights etc., of the same county (and so as to several counties if there are witnesses
[008] resident in several different counties) whether the said E. etc. (as above). And meanwhile
[009] let them so inform themselves thereof that they may more fully certify our said
[010] sheriff of Essex thereon. And have etc. Witness etc.’ And let like writs be sent to the
[011] other sheriffs. If the witnesses and recognitors do not come on the day given them, let
[012] the sheriffs then be ordered ‘as before’ by the writ which begins thus:

If the witnesses and recognitors do not come on the first day.

[014] ‘The king to the sheriff, greeting. We well remember that at another time we ordered
[015] you to cause to come, at a day and place which our sheriff, such a one, would make
[016] known to you etc. (in every respect as above).’ And at the end of the writ let this threat
[017] be added, namely, ‘and so conduct yourself in this matter that we do not have to
[018] proceed severely against you.’

Inquests of this kind are varied according to the diversity of pleas.

[020] Inquests of this kind are varied in many ways, according to the kinds of pleas and the
[021] answers of the parties, as frequently happens in assises and writs of entry, as where
[022] one says that he holds the land² in fee and the other that he holds it only for a term of
[023] life or years and the like, as is said above in the tractate on entry.³

When the witnesses and recognitors appear [in court].

[025] When the witnesses and recognitors appear in court, and, after taking their oath, say
[026] that they were present when the gift was made, that in their presence the charter of
[027] gift was read and heard, homage taken with due formality, and seisin lawfully given
[028] to the donee, the charter will be valid and the gift good. If they say this and speak of
[029] hearing, that they heard it said that the charter was made and homage taken, though
[030] none of them was then present, but that they were present when seisin was given the
[031] donee by a steward or messenger, by rod

Notes

1. Supra 235

2. ‘terram’

3. Supra 39-41