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[001] to take such an assise’ (or ‘such an assise which such a one has arraigned etc. (as
[002] above)’ or thus, ‘to take the assise of novel disseisin which such a one has arraigned
[003] etc. (as above).’ And similarly ‘for the assise of mortdancestor which such a one
[004] has arraigned etc. (as above).’ [Not only one but several assises may be comprised
[005] in one judicial commission, as where1 there is one demandant or plaintiff and
[006] several disseisins, or several disseisors, or several tenants, or one.] ‘Therefore
[007] we order you to have that assise (or ‘those assises’) at the date and place aforesaid
[008] (or ‘at the date and place which they shall make known to you’) before our said
[009] justices etc. Witness etc.’ If it is an assise of darrein presentment which is to be
[010] taken before such justices the form is as follows: ‘to recognize on their oath what
[011] patron in time of peace presented the last parson etc. (in all respects according to
[012] the form of the [preceding] writ).’ If it is an assise utrum, then thus, ‘to take the
[013] assise which has been summoned before you at our command between A., parson
[014] of such a church, demandant, and B., a layman, the tenant,’ or conversely ‘to
[015] recognise whether so much land (or ‘rent’) with the appurtenances in such a vill
[016] is free alms belonging to the church of the said A. or the lay fee of the said B. (or
[017] conversely, ‘whether so much land (or ‘rent’) with the appurtenances in such a
[018] vill is the lay fee of the said B. or the free alms of the said A.’ If a single justice
[019] is appointed, a justice of the bench or another, let a writ patent of commission then
[020] issue to him in the following form.

[Writ] if a justice of the bench is appointed sole judge with power to assume others.


[022] ‘The king to his trusty and well-beloved such a one, greeting. Know that we have
[023] appointed you our justice, together with others whom you think fit to associate
[024] [with yourself] (or ‘to be assumed’) to take the assise of novel disseisin which A.
[025] has arraigned before you by our order against B. and the others named in our
[026] original writ with respect to his free tenement in such a vill. (Or thus: ‘to take the
[027] assise of mortdancestor’ or other [assise] according to the form of the writ).
[028] Therefore we order you that at a time and place etc. (as above) to do etc., saving
[029] etc. We have ordered etc. In witness whereof etc.’ And let a writ close on the same
[030] matter issue to the sheriff, that he cause the assise to come before the justices, as
[031] follows.

Writ close to the sheriff on the same matter.


[033] ‘The king to the sheriff, greeting. Such a one has complained to us that such a one
[034] etc. (and then the whole original [writ] word by word up to2 ‘And that the said
[035] tenement be in



Notes

1. ‘ut si’

2. Infra iii, 57


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