Bracton: Thorne Edition: English. Volume 4, Page 56

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Volume 4, Page 56

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[001] has put himself on our grand assise and asks that a recognition be made as to which of
[002] them has the greater right in that land.’ And let the same be done in all other grand
[003] assises, as may be seen below [in the portion on] grand assises.¹ If the plea of right is in
[004] a lord's court, let the prohibition then issue to the guardian or bailiff by this writ.

Let a prohibition issue to the guardian or bailiff.

[006] ‘The king to the sheriff, greeting. Forbid the bailiff (or the guardian of the land and
[007] heir of A.) to hold the plea which is in the court of the same guardian (or the bailiff of
[008] such an honour etc., as above).’ Or if the prohibition ought to be directed to the lord
[009] of the court, then thus: ‘Forbid A. to hold the plea in his court between A. the demandant
[010] and B. the tenant with respect to so much land with the appurtenances in
[011] N. which the same A. claims against the same B. by our writ of right etc.’² If the plea is
[012] between the parties in the county court with respect to services and customs by a writ
[013] of right patent, or by the writ for justicing someone to do customs and right services,
[014] and the tenant puts himself on the grand assise, which he may well do, he will have a
[015] writ of peace to the sheriff which is called Prohibemus,³ which will be this:

If [there is] a plea in the county about services and customs.

[017] ⁴‘The king to the sheriff, greeting. We forbid you to hold the plea which is in your
[018] county court between A. the demandant and B. the deforciant concerning the customs
[019] and services which the aforesaid A. demands of the aforesaid B. [from the free
[020] tenement which he holds of him in N. as to which there is a plea between them] by our
[021] writ [of right],⁵ unless the duel has been waged therein, because the same B. the
[022] tenant, has put himself in our grand assise and asks that a recognition be made as to
[023] whether he owes the aforesaid A. from the aforesaid tenement such service and so
[024] much a year for all service, as he acknowledges, or the same service and so much more,
[025] as the same A. demands from him. Witness etc.’ This writ is varied in many ways
[026] according to the variety of services. It sometimes happens that he who has put himself
[027] on the grand assise with respect to services and customs, and has sued out his writ
[028] of peace until the coming of the justices, is nevertheless distrained in the interim for
[029] the same services by the chief lord, in which case provision is made for him by this
[030] writ.

If he who has put himself on the grand assise concerning services and customs, and has a writ of peace, is distrained by his lord while the plea is pending.

[032] ‘The king to the sheriff, greeting. Such a one shows us that though he has brought you
[033] our writ for the having of peace until the coming of the justices to those parts

Notes

1. Not dealt with in treatise

2. Glanvill, ii, 8; Richardson, 396, 398

3. ‘quod dicitur prohibemus,’ from line 14; cf. Richardson, 396

4. Glanvill ii, 9; Richardson, 398

5. Om: ‘de tanto . . . villa’