Bracton: Thorne Edition: English. Volume 3, Page 203

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Volume 3, Page 203

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[001] there taken between them), the other person afterwards [again] wrongfully disseised
[002] him of the same land. Therefore we order you to go, taking with you etc. (as above).’
[003] This writ is drawn according to every kind of writ by which seisin is recovered before
[004] the justices, and is varied according to the kinds of assises and according to the
[005] record thus, that is,¹ [as above.] ‘Such a one has shown us that though in our court
[006] etc. he arraigned an assise of novel disseisin against such a one with respect to a certain
[007] fishery constructed in such a place (or ‘with respect to a certain pond constructed’
[008] or ‘heightened’ or ‘a bank raised’ and the like) to the nuisance of his free
[009] tenement in such a vill, and though it was recognized by the same assise that the
[010] fishery was made (or ‘the pond constructed’ etc.) to the nuisance of the said plaintiff
[011] and you were ordered to cause that fishery to be demolished (or ‘the pond destroyed’)
[012] etc. and that [everything] be restored to what it used to and ought to be,² and this
[013] was so done by order of our same justices, the defendant afterwards, with rash audacity,
[014] contrary to what was decided in our court, again caused that fishery to be
[015] constructed in the same place as before (or ‘caused the pond to be raised as before.’)’
[016] [Or] ‘though such a one by the judgment of our court recovered so much land with
[017] the appurtenances in such a vill as his right (or ‘by a fine levied’ or in some other
[018] way) and was put into seisin,³ the same defendant, contrary to what has properly
[019] been done and decided in our court, wrongfully disseised him [again] thereof.’ ‘Therefore
[020] we order you to proceed in your own person to that place, taking with you etc.,
[021] and if you find that to be true then etc.’

If for some reason an assise of novel disseisin is taken outside the county, let this writ issue for having seisin.

[023] If for some reason an assise of novel disseisin is taken outside the county, or if he
[024] whose assise has been taken within the county complains that he has not had seisin,
[025] let this writ then issue for obtaining the seisin [recovered] in that assise: ‘The king to
[026] the sheriff, greeting. Know that A. in our court before our justices etc. recovered
[027] against B. his seisin of his free tenement in such a vill (or if the land is specified, then
[028] ‘of so much land with the appurtenances in such a vill’) by an assise of novel disseisin
[029] there taken between them. Therefore we order you to cause the same A. to have full
[030] seisin of the aforesaid tenement (or ‘land’) without delay etc. by the view of the
[031] recognitors of the same assise. Witness etc.’ If the deforciant acknowledged the disseisin,
[032] let a record of that be inserted in the writ thus, ‘Know that when A. in our
[033] court etc. arraigned⁴ an assise of novel disseisin against B. with respect to a tenement
[034] in such a vill, the same B. appeared

Notes

1. Deleted

2. ‘esse’

3. ‘seisinam’

4. ‘arramiavit’