Bracton: Thorne Edition: English. Volume 3, Page 343

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Bracton Online -- English

Volume 3, Page 343

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Writ for summoning the twenty-four.

[002] ‘The king to the sheriff, greeting. If [A.] has made you secure with respect to the
[003] prosecution of his claim, summon by good summoners twenty-four lawful knights of
[004] the neighbourhood of such a vill to be before our justices at the first session when
[005] they come to those parts prepared to recognize under oath whether such a one wrongfully
[006] and without judgment disseised him of his free tenement in such a vill after our
[007] first coronation at Westminster, as to which he complains that the jurors of the
[008] assise of novel disseisin which was summoned and taken between them before our
[009] justices last itinerant in such county swore a false oath. In the meantime inquire
[010] diligently into who the jurors of that assise were and have them at the aforesaid
[011] session before the aforesaid justices. And summon the aforesaid [B.] by good summoners
[012] to be there to hear that recognition. And have there the summoners and this
[013] writ and the names of the knights. Witness etc.’ The writ is sometimes drawn for the
[014] disseisor, sometimes for the disseisee, sometimes for common of pasture or turbary
[015] or a bank raised and the like.

Another with respect to an assise of mortdancestor.

[017] ‘The king to the sheriff, greeting. If [A.] has made you secure with respect to the
[018] prosecution of his claim, summon by good summoners twenty-four lawful knights
[019] of the neighbourhood of such a vill to be before our justices at the first session when
[020] they come to those parts prepared to recognize under oath whether such a one, the
[021] father (or ‘mother,’ ‘uncle,’ ‘aunt,’ ‘brother,’ ‘sister’) of such a one was seised in his
[022] demesne as of fee of so much land with the appurtenances in such a vill on the day he
[023] died, and if he died after the first coronation of king Richard our uncle,¹ and whether
[024] such a one is his nearer heir, as to which he complains that the jurors of the assise of
[025] mortdancestor summoned and taken between them before our justices last itinerant
[026] in such county swore a false oath. In the meantime inquire diligently into who the
[027] jurors of that assise were and have them at the aforesaid session before the aforesaid
[028] justices. And summon the aforesaid [B.] by good summoners to be there to hear that
[029] recognition. And have there the summoners and this writ and the names of the
[030] knights. Witness etc.’

Writ with respect to an assise of darrein presentment.

[032] With respect to an assise of last presentation thus: ‘If [A.] has made you secure etc.
[033] summon etc. prepared to recognize under oath which advocatus presented the last
[034] parson in time of peace etc. (And then the complete form of the original writ, as
[035] above [in the portion] on the other assises.)’ If it is a conviction on

Notes

1. Selden Soc. vol. 87, pp. xxxvi, xl: prior to 1237