Harvard Law School Library

Bracton Online -- English

Previous   Volume 2, Page 217  Next    

Go to Volume:      Page:    

[001] and let the rents and issues of those lands be safely kept. Witness etc.’ There is
[002] another writ of the same kind, where the sheriff was negligent and the extent is
[003] contested.

Writ where an extent has been improperly made.

[005] ‘The king to the sheriff, greeting. Well we remember that at another time we
[006] ordered you, taking with you twelve etc. (and so let the whole matter be inserted, as
[007] above, and at the end let this be said) And whereas you have done nothing as we
[008] have heard (or ‘And whereas the said A. complains that the said extent and partition
[009] was improperly made since you assigned to the same A. as his portion only a
[010] third part of that land, where you ought to have assigned him half’ or made some
[011] other error, the whole complaint of the plaintiff being inserted) therefore we order
[012] you as we did at another time, to go, taking with you twelve etc. (as above).’ And
[013] at the end let this warning be added, ‘And so conduct yourself in this matter that
[014] we not be forced by your negligence or your disregard of this our precept to take
[015] sterner measures with you.’ And note that writs for making extents are always
[016] varied according to the various kinds of records of judgments or concords.1 If knights
[017] ought to come from one county to another for making the extent and valuation
[018] in conjunction with knights from the second county, as will be explained more
[019] fully below in the tractate on warranties, of the giving of escambium,2 then let the
[020] writ, which is called an interlaced3 writ, be in this form.

An interlaced writ, where knights of two counties must come together to make an extent.

[022] ‘The king to the sheriff, greeting. We order you, on the day and at the place
[023] which our beloved and faithful men, such persons, shall make known to you, to
[024] cause to come before them eight men, knights as well as other free men etc., by
[025] whom the business may the better be expedited, that by their oath, together with
[026] the twelve chosen in such a county, such lands may be extended and valued in
[027] demesnes, villeinages etc. (as above) in accordance with what is more fully contained
[028] in our letters patent directed to those same persons, for this matter constituted
[029] our justices. And have etc. Witness etc.’ There is another writ of the same
[030] kind, where the partition and extent are contested after partition has been made.4

Another writ on the same matter.

[032] ‘The king to the sheriff, greeting. We order you without delay to choose twelve
[033] knights of your county (or ‘of your counties’) who according


1. ‘recordorum iudiciorum vel concordiarum’

2. ‘secundum quod . . . de warantizationibus, [de] excambiis faciendis,’ from lines 17-18; infra iv, 202

3. Infra iv, 239-40

4. Not supplied; infra 218

Contact: specialc@law.harvard.edu
Page last reviewed April 2003.
© 2003 The President and Fellows of Harvard College