Bracton: Thorne Edition: English. Volume 4, Page 26

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Bracton Online -- English

Volume 4, Page 26

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[001] have put themselves on that jury thereon. And cause the result of that inquest to be
[002] made known to our justices at Westminster at such a term, clearly, distinctly and
[003] openly by your letters sealed with your seal and those of the aforesaid keepers of the
[004] pleas of our crown, and by two (or ‘four’) of those by whose oath you make that inquest.
[005] And have there this writ and the names of those by whose oath you made that
[006] inquest.’ Thus by the affirmation of the demandant and the denial of the tenant and
[007] an investigation made by the country as to the truth,¹ either the tenant will remain in
[008] seisin until the demandant sues by writ or right, or the demandant will recover his
[009] seisin by the inquest. If the inquest ought not to be taken in the county but before the
[010] justices, let the writ be in this form:

Writ if the jurors ought to come before the justices.

[012] ‘The king to the sheriff, greeting: We order you to cause twelve etc. to come before us
[013] (or ‘before our justices at Westminster’) to recognize etc. if etc. because both etc. In
[014] the meantime let them see that land, and let them so certify themselves thereof that
[015] they may more fully certify us or our aforesaid justices at the aforesaid term. And
[016] have there the names of the recognitors and this writ. Witness etc.’

If the tenant wishes to except.

[018] ²We have described above [what happens] when the demandant simply puts forward
[019] his intentio and the tenant does not wish to except against it but simply puts himself
[020] on a jury as to the entry. Now we must explain the procedure when the tenant wishes
[021] to except against the intentio. It is necessary, first of all, that the demandant lay a
[022] foundation for his intentio, that is, show that he is entitled to the action, that he, or
[023] one of his ancestors whose heir he is, transferred for a term. Nor does it suffice if he
[024] shows that the thing was so transferred by him or his ancestors, unless he shows that
[025] the tenant has such entry and by the persons he names. Nor does it suffice to so put
[026] forward and support his intentio unless he proves it, since no trust is to be put in one's
[027] simple assertion.³

When the parties appear in court.

[029] The parties having appeared in court, the demandant either has proof or he does not,
[030] or has nothing except suit which only raises a presumption and which does not suffice
[031] for proof because it admits of denial by wager of law.

Notes

1. Om: ‘et secundum hoe’

2. Supra i, 158 (full collation)

3. Infra 41