Bracton: Thorne Edition: English. Volume 4, Page 58

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Bracton Online -- English

Volume 4, Page 58

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[001] right in that land. And summon by good summoners such a one, the aforesaid tenant,
[002] that he be there to hear that choice. And have there the names of the knights and this
[003] writ. Witness etc.’ It is clear that writs of this kind are varied according to the kinds
[004] of grand assises, as may be seen below, [of assises.]¹ If the plea concerns services and
[005] customs, let the writ then be this.

On arraigning the assise when the plea of right concerns services and customs.

[007] ‘The king to the sheriff, greeting. Summon by good summoners four lawful knights of
[008] your county etc. (as above) to make the recognition of our grand assise between A.
[009] the demandant and B. the deforciant with respect to the customs and services which
[010] the same A. demands from the aforesaid B. from so much land with the appurtenances
[011] in such a vill, as to which the same B. the tenant has put himself on our grand assise
[012] and asks that a recognition be made whether from the aforesaid land he owes the
[013] aforesaid A. such service and so much a year for all service, as he acknowledges, or the
[014] same service and so much besides as the same A. demands from him. And summon
[015] etc. (as above).’

The writ for arraigning a jury of gavelkind in place of the grand assise.

[017] ‘The king to the sheriff, greeting. Summon by good summoners four lawful men of
[018] your county who² hold in gavelkind to be before our justices etc. (as above) to choose
[019] on their oath twelve of the more lawful men of such a neighbourhood who hold in
[020] gavelkind and who best know and wish to tell the truth, to make up the jury provided
[021] and granted in place of the grand assise, between such persons etc. (as above). And
[022] summon etc. And have etc.’³ In this way the plea of right will proceed in the county
[023] unless, as said above, the chief lord claims his court in time, before the plea is in the
[024] county court, or when it is there, the demandant sues out a writ, which is called pone,
[025] for transmitting the plea to the great court, which is not readily granted to the tenant
[026] except for some necessary reason, to be stated in the writ.

The writ of pone at the petition of the demandant.

[028] ‘The king to the sheriff, greeting. At the petition of the demandant put before our
[029] justices at Westminster on such a day the plea in your county court by our writ of
[030] right between A. the demandant and B. the tenant with respect to so much land with
[031] the appurtenances in such a vill. (Or thus: ‘except so many acres etc.’) and summon
[032] the aforesaid B. by good summoners to be present there to reply to the aforesaid A.
[033] And have there the summoners and this writ. Witness etc.’

Notes

1. Not in treatise

2. ‘qui’

3. Cal. Cl. Rolls 1231-34, 32, 83