Introduction: Formulary

FORMULARY

I. ORIGINAL WRITS (fn. 1)

(1) Writ of Right patent. (fn. 2)

The King to A [a bishop, baron, or other lord of a manor], greeting. We command you that without delay you hold full right to B touching twenty acres of land with the appurtenances in Blankney, which he claims to hold of you by the free service of [so much] by the year for all service, of which C deforceth him; and unless you will do this let the sheriff of Lincoln do it that we may hear no more clamour thereupon for want of right. Witness myself at Westminster [on such a day, etc.] (R.B.O., f. 1, F.N.B., p. 3).

(2) Writ of Right close or Praecipe in capite. (fn. 3)

The King to the sheriff of Lincolnshire, greeting. Command A that justly and without delay he render to B twenty acres of land with the appurtenances in Blankney, which he claims to be his right and inheritance and to hold of us in chief, and whereof he complains that the aforesaid A unjustly deforceth him; and unless he will do this, and [if] the aforesaid B shall give you security to prosecute his claim, then summon by good summoners the aforesaid A that he be before our justices at Westminster [on such a day] to shew wherefore he hath not done it. And have you there the summoners and this writ. Witness [etc.] (R.B.O., f. 4d. F.N.B., p. 10).

(3) Writ of Right when the lord has remitted his court to the king. (fn. 4)

The King to the sheriff of Lincolnshire, greeting. Command A that justly and without delay he render to B twenty acres of land with the appurtenances in Blankney which he claims to be his right and inheritance, and whereof he complains that the aforesaid A hath unjustly deforced him; and unless he will do this, and [if] the aforesaid B shall give you security to prosecute his suit, then summon by good summoners the aforesaid A that he be before our justices at Westminster [on such a day] to shew wherefore he will not do it. And have you there the summoners and this writ. Witness [etc.]. Because C the chief lord of the fee hath thereupon remitted to us his court (R.B.O., f. 4. F.N.B., pp. 5, 6).

(4) Writ of Novel Disseisin. (fn. 5)

The King to the sheriff of Lincolnshire, greeting. A has complained to us that B unjustly and without judgement (iniuste et sine iudicio) has disseised him of his free tenement in Blankney since the first passage of the lord, king Henry, son of king John, into Gascony. And therefore we command you, that if the aforesaid A shall give you security to prosecute his claim, then cause that tenement to be re-seised in respect of the chattels which were taken in it, and the tenement itself with the chattels to be in peace until the first assize when our justices shall come into those parts; and in the meantime cause twelve free and lawful men of that neighbourhood to view that tenement, and their names to be put into the writ; and summon them by good summoners, that they then be before our justices at the aforesaid assize, ready to make a recognition thereupon. And put by gage and safe pledges the aforesaid B or, if he shall not be found, his bailiff, that he then may be there to hear that recognition. And have you there the summoners, the names of the pledges, and this writ. Witness [etc.] (R.B.O., f. 196d. F.N.B., p. 410).

(5) Writ of Mort D'ancestor. (fn. 6)

The King to the sheriff of Lincolnshire, greeting. If A shall give you security to prosecute his claim, then summon by good summoners twelve free and lawful men of the neighbourhood of Blankney that they be before our justices [at such a place and day], ready to recognise by oath if B the father [mother, sister, brother, uncle, or aunt] of the said A was seised in his demesne as of fee of twenty acres of land with the appurtenances in Blankney the day whereon he died, and if he died after [the period of limitation], and if the same A be his next heir; and in the meantime let them view the said land; and cause you their names to be put in the writ; and summon by good summoners C who now holds the aforesaid land, that he then be there to hear that recognition. And have you there the summoners and this writ. Witness [etc.] (R.B.O., f. 452d. F.N.B., p. 378).

(6) Writ of Darrein Presentment. (fn. 7)

The King to the sheriff of Lincolnshire, greeting. If A shall give you security for the prosecution of his claim, then summon by good summoners twelve free and lawful men of the neighbourhood of Blankney that they be before our justices [at such a place and day], ready to recognise by oath what patron in time of peace presented the last parson, who is dead, to the church of Blankney, which is vacant, as it is said, and the advowson whereof, as he the same A says, belongs to himself; and in the meantime let them view that church; and cause you their names to be put in the writ, and summon B, who deforceth him of the advowson, that he then be there to hear that recognition. And have you there the summoners and this writ. Witness [etc.] (R.B.O., f. 30. F.N.B. pp. 71, 72).

(7) Writ of Iuris Utrum. (fn. 8)

The King to the sheriff of Lincolnshire, greeting. If A, parson of the church of Blankney, shall give you security to prosecute his claim, then summon twelve free and lawful men of the neighbourhood of Blankney that they be before our justices [at such a place and day], ready by oath to recognize whether twenty acres of land with the appurtenances in Blankney be frank almoign belonging to the church of him the said A, or the lay fee of B; and in the meantime let them view that land; and cause you their names to be put in the writ; and summon by good and lawful summoners the aforesaid B that he then be there to hear that recognition. And have you there the summoners and this writ. Witness [etc.] (R.B.O., f. 32d. F.N.B., p. 114).

(8) Writ of Covenant or Praecipe. (fn. 8)

The King to the sheriff of Lincolnshire, greeting. Command (praecipe) A that justly and without delay he keep with B his covenant made between them touching twenty acres of land with the appurtenances in Blankney; and unless [etc., as in no. (2)] (R.B.O., f. 165. F.N.B., p. 343).

(9) Writ of Warranty of Charter. (fn. 9)

The King to the sheriff of Lincolnshire, greeting. Command A that justly and without delay he warrant to B twenty acres of land with the appurtenances in Blankney, which he [i.e. B] holds and claims to hold of him, and whereof he hath his charter [or the charter of D his father, or mother, or other ancestor, whose heir he is], as it is said. And unless, [etc., as in no. (2)] (R.B.O., f. 157d. F.N.B., p. 311).

(10) Writ of Customs and Services. (fn. 10)

The King to the sheriff of Lincolnshire, greeting. Command A that justly and without delay he do to B the customs and services which he ought to do to him for his freehold, which he holds of him in Blankney, as in homage, suits, courts, reliefs, and other things; and unless, [etc., as in no. (2)] (R.B.O., f. 159. F.N.B., p. 354).

(11) Writ of Mesne. (fn. 10)

The King to the sheriff of Lincolnshire, greeting. We command you that you justice (iusticies) A that justly and without delay he acquit B of the service which C requires from him for his free tenement, which he holds of the aforesaid A in Blankney, and whereof he complains that he is distrained for A's default, as he can reasonably shew that he ought to acquit him; that we may hear no more clamour thereupon for want of right. Witness [etc.] (R.B.O., f. 160. F.N.B., p. 316).

(12) Writ of Neifty. (fn. 11)

The King to the sheriff of Lincolnshire, greeting. We command you that justly and without delay you cause A to have his born serf (natiuum) and fugitive with all his chattels and his whole sequel, wheresoever he shall be found in your bailiwick, unless he be in our demesne, who fled from his land after [the period of limitation]; and we prohibit, upon our forfeiture, that any one unjustly detain him. Witness [etc.] (R.B.O., f, 87. F.N.B., p. 178).

(13) Writ de Libertate Probanda. (fn. 12)

The King to the sheriff of Lincolnshire, greeting. A hath shewed unto us that whereas he is a free man and ready to prove his liberty, B, claiming him to be his born serf (natiuum), unjustly vexes him; and therefore we command you that, if the aforesaid A shall give you security touching the proving of his liberty, you then put that plea before our justices at the first assize, when they shall come into those parts, because proof of this kind belongeth not to you to take; and in the meantime cause the said A to have peace thereupon; and tell the aforesaid B that he be there, if he will, to prosecute his plea thereof against the aforesaid A. And have you there this writ. Witness [etc.] (R.B.O., f. 87d. F.N.B., p. 178).

(14) Writ of Keeping a Fine. (fn. 13)

The King to the sheriff of Lincolnshire, greeting. Command N that justly and without delay he hold the fine made in my court between him and R, touching one carucate of land in the vill of Blankney with the appurtenances, whereof there was a plea between them in my court. And unless he will do this, and [if] the aforesaid R shall give you security to prosecute his claim, then put him by gage and safe pledges that he be before me or my justices to shew on that day wherefore he hath not done it. And have you there this writ. Witness [etc.] (Glanvill, liber viii, cap. 4).

(15) Writ of Levying a Fine touching lands holden of the king in chief. (fn. 14)

The King to his justices of the Bench, greeting. Whereas by our letters patent of our special favour we have granted to A that he may enfeoff B of his manor of Blankney with the appurtenances, which he holds of us in chief [reciting the whole charter], as in our letters is more fully contained, and our writ of covenant is depending before you, in our bench aforesaid, between the said A and B of the manor aforesaid for a fine to be levied thereof between them, according to the law and custom of our realm of England, as we have received information; we command you that you permit that fine between the parties aforesaid to be levied before you in the same bench, according to the tenor of our letters aforesaid. Witness [etc.] (R.B.O., f. 167. F.N.B., p. 346).

(16) Writ of Prohibition to restrain a feudal lord. (fn. 15)

The King to the sheriff of Lincolnshire, greeting. Prohibit C that he hold not in his court a plea which there is between A and B concerning twenty acres of land with the appurtenances in Blankney, which the same B claims against the aforesaid A by my writ, except a duel has been wagered thereupon; because A, who is tenant, has put himself upon our grand assize, and prays that a recognition be made as to which of the two has the greater right in that land. Witness [etc.] (Glanvill, liber ii, cap. 8. Bracton, De Legibus, f. 331).

(17) Writ of Prohibition to restrain a sheriff. (fn. 16)

The King to the sheriff of Lincolnshire, greeting. We prohibit you that you hold not in your shire-court a plea, [etc., as in no. (16)] (Bracton, ibid.)

(18) Writ of choosing a Grand Assize. (fn. 15)

The King to the sheriff of Lincolnshire, greeting. Summon by good summoners four lawful knights of your county, that they be before our justices at the first assize, when they shall come into those parts, to choose upon their oath twelve lawful knights of the neighbourhood of Blankney, who may best know and will speak the truth, to make a recognition of our grand assize between A, demandant, and B, tenant, of twenty acres of land with the appurtenances in Blankney, whereupon the same B who is tenant hath put himself upon our grand assize, and hath prayed that recognition may be made whether of them hath greater right in the land aforesaid; and summon you by good summoners the aforesaid B that he then be there to hear that recognition. And have you there the names of the aforesaid knights, and this writ. (Glanvill, liber ii, cap. 11. Bracton, De Legibus, f. 331d. R.B.O., f. 8. F.N.B., p. 9).

(19) Writ to summon the twelve knights chosen for a Grand Assize. (fn. 15)

The King to the sheriff of Lincolnshire, greeting. Summon by good summoners those twelve knights [named] that they be ready before me or my justices [at such a place and day], to recognize by oath whether A or B has the greater right in twenty acres of land with the appurtenances in Blankney, or in any other matter demanded, which the aforesaid A claims against the aforesaid B; and whereupon the aforesaid B, who holds that thing, has put himself upon our assize, and prays recognition thereupon whether of them has the greater right in the thing demanded; and meanwhile view that land or that tenement which is demanded, and summon you by good summoners B, who holds that thing, that he then be there to hear that recognition. Witness [etc.] (Glanvill, liber ii, cap. 15).

(20) Writ of Facias recordari. (fn. 16)

The King to the sheriff of Lincolnshire greeting. We command you that, taking with you four discreet and lawful knights of your county, you go in your proper person to the court of C, the lord of Blankney, and in that full court you cause to be recorded (facias recordari) the plaint which is in the same court by our writs of right between A demandant and B tenant of twenty acres of land with the appurtenances in Blankney; and have you that record before our justices [at such a place and day], under your seal and the seals of four lawful men of the same court, who intermeddled in that record, and prefix the same day to the parties. Witness [etc.]. Because the aforesaid messuage after the death of the aforesaid A, if the same A die without an heir issuing from his body, ought to descend to D, the bailiff of the aforesaid court who holds the pleas of the same court, as kinsman and next heir of the aforesaid A; and the same A hath deraigned that land against the aforesaid B in the aforesaid court; wherefore because the same bailiff favours the said A in the aforesaid plaint, as it is said, let execution be done, if the cause be true, and otherwise not (R.B.O., f. 5d. F.N.B. p. 8).

(21) Writ of Accedas ad curiam. (fn. 16)

The King to the sheriff of Lincolnshire, greeting. If A shall give you security to prosecute his suit, then, having taken with you four discreet and lawful knights of your county, go in your own person to the court (accedas ad curiam) of C, and in full court cause to be recorded the plaint which is in the same court by our writ of right between A, demandant, and B, tenant, touching twenty acres of land with the appurtenances in Blankney, whereupon the same A complains that false judgement has been done to him in the same court. And have you that record before our justices [at such a place and day] under your seal and the seals of four lawful men of the same court of those who were present at that record. And summon [etc.]. And have you there the names of the summoners of the aforesaid four men, and this writ. Witness [etc.]. (R.B.O., f. 15b. F.N.B., pp. 38, 39).

(22) Writ of False Judgement. (fn. 17)

The King to the sheriff of Lincolnshire, greeting. If A shall give you security to prosecute his suit, then in your full court you shall cause to be recorded (recordari facias) the plaint which is in the same county, by our writ of right, between A, demandant, and B, tenant, touching twenty acres of land with the appurtenances in Blankney, whereupon the same A complains that false judgement has been done to him in the same county. And have you that record before our justices [at such a place and day] under your seal, and by four lawful knights of the same county of those who were present at that record. And summon by good summoners the aforesaid B that he then be there to hear that record. And have you there the names of the summoners of the aforesaid knights, and this writ. Witness [etc.] (R.B.O., f. 15. F.N.B., p. 38).

(23) Writ of Pone. (fn. 18)

The King to the sheriff of Lincolnshire, greeting. At the petition of the demandant, put (pone) the plea which is in your county by our writ of right between A, demandant, and B, tenant, of twenty acres of land in Blankney, before our justices [at such a place and day]; and summon by good summoners the aforesaid B that he then be there to answer the aforesaid A thereupon. And have you there the summoners and this writ. (fn. 19) Witness [etc.]. (Bracton, De Legibus, f. 332. R.B.O., f. 6. F.N.B., p. 8).

(24) Writ of Dedimus Potestatem. (fn. 20)

The King to his beloved and faithful W, greeting. Whereas our writ of covenant is depending before you and your companions, our justices of the bench, between A and B touching twenty acres of land with the appurtenances in Blankney for a fine to be levied thereof between them before you and your said companions of the bench aforesaid, according to the law and custom of our realm; and the aforesaid A and B are themselves so impotent, that without the greatest danger of their bodies they are not able to travel to Westminster to make the acknowledgements which are required in this behalf, at the day contained in the writ aforesaid, as we have received information: We, having compassion of the estate of them the said A and B in this behalf, have given you the power of receiving the acknowledgements which the aforesaid A and B will make before you in the premises, and therefore we command you, that going personally to the aforesaid A and B, you do receive their acknowledgements aforesaid; and when you shall have received them, that you do certify your companions thereof distinctly and openly, that then the fine between the parties aforesaid of the tenements aforesaid, before you and your said companions in the same bench may be levied, according to the law and custom aforesaid; and then have you there this writ. Witness [etc.] (R.B.O., f. 167. F.N.B., p. 344).

(25) Writ of Transcript of a Note of Fine. (fn. 21)

The King to his beloved clerk W, greeting. Desiring for certain reasons to be certified with respect to the tenor of the note of a certain fine levied in the court of the lord Henry, late king of England, our grandfather, in the tenth year of his reign, before J. and his fellows, then justices of our same grandfather in the bench, by his writ, between A, demandant, and B, tenant, touching twenty acres of land with the appurtenances in Blankney; we command you to make a scrutiny of the notes of fines being in your custody, and under your seal distinctly, openly, and without delay to send to us into our chancery a transcript of the aforesaid note, and this writ. Witness [etc.] (R.B.O., f. 169d.)

(26) Writ of Transcript of a Foot of Fine. (fn. 22)

The king to the treasurer and his chamberlains, greeting. Desiring for certain reasons to be certified with respect to the tenor of the foot of a certain fine levied [etc., as in no. (25)]; we command you to make a scrutiny of the feet of fines levied before the aforesaid justices in the aforesaid year, which are in our treasury under your custody, as it is said, and under the seal of our exchequer distinctly, openly, and without delay, to send into our chancery a transcript of the aforesaid foot of fine, and this writ. Witness [etc.] (R.B.O., f. 169).

II. OTHER DOCUMENTS CONNECTED WITH THE LEVYING OF A FINAL CONCORD

(27) Licence to Agree. (fn. 23)

(i) The abbot of Bardenay rendered account touching ten marks for a licence to bring his men into concord (pro licentia concordandi homines suos) with the men of John de Aiencurt [a.d. 1180] (Pipe Roll Soc., xxx, 59, 60). (fn. 24)

(ii) Simon de Kyme gives to the lord the king three marks to have a licence to agree on his mother's behalf with Robert Drop—Robert de Mannebi, William de Barew, and Henry de Bamburca (fn. 25) [a.d. 1204] (Assize Roll, no. 478, entry no. 294).

(iii) Henry le Clerk of Howell' and Beatrice his wife give one mark for a licence to make a concord with Ralph Pycot and Maud his wife touching a plea of covenant concerning tenements in Howell'. And they have a chirograph through John de Cant', pleader [a.d. 1311] (De Banco roll, no. 183, mem. 78). (fn. 26)

(28) Concord of Fine. (fn. 27)

Lincoln. Command Walter Grene and Elizabeth his wife that they keep their covenant with Robert Turpyn, etc., touching one garden, one barn, and twenty acres of pasture, with the appurtenances, in Boston. And unless, etc.

And the concord is such, to wit, that the aforesaid Walter and Elizabeth have acknowledged the aforesaid tenements with the appurtenances to be the right of the said Robert, as those which the same Robert has of the gift of the aforesaid Walter and Elizabeth; and they have remised and quitclaimed them from themselves and their heirs to the aforesaid Robert and his heirs for ever. And moreover the said Walter and Elizabeth have granted for themselves and the heirs of Walter that they shall warrant the aforesaid tenements with the appurtenances to the aforesaid Robert and his heirs against all men for ever. And for this, etc. [Signed] James Dyer. [Michaelmas, 1–2 Elizabeth (a.d. 1558–9)] (P.R.O., Concords of Fines, C.P., 24 (1) over 1). (fn. 28)

(29) Note of Fine. (fn. 29)

Between Amy de Thoresby and William de Toutheby, querents, and John Seys of Louth (Luda) and Maud his wife, deforciants, of one messuage with the appurtenances in Louth. Whereupon a plea of covenant was summoned between them, etc., to wit that the aforesaid Amy has acknowledged the aforesaid messuage with the appurtenances to be the right of the said Maud. And for this acknowledgement, fine, etc., the same John and Maud have granted to the aforesaid Amy the aforesaid messuage with the appurtenances, and have rendered it, etc.: to have and to hold to the same Amy and the heirs begotten of her body of the chief lords of that fee by the services which to that messuage belong for ever. And if it happen that the aforesaid Amy shall die without an heir begotten of her body, then, after the death of the said Amy, the aforesaid messuage with the appurtenances shall remain wholly to the aforesaid William and his heirs, quit of the other heirs of the said Amy: to hold of the chief lords of that fee by the services which to that messuage belong for ever. Lincoln. Touthebi.

A day is given them to take their chirograph in eight days of St. Martin, etc. [18 November (1309)] (Notes, i, no. 79). (fn. 30)

(30) Chirograph or Final Concord. (fn. 31)

(i) This is the final concord made in the court of the lord the king at York, in eight days of Holy Trinity, in the thirty-first year of the reign of king Edward, son of king Henry [9 June, 1303], before Ralph de Hengham, William de Bereford', Elias de Bekingham, Peter Malorre, William Howard, and Lambert de Trikingham, justices, and other faithful men of the lord the king then present there; between Richard de Rothewell' and Richard de Stretton', querents, by William Vapurnent put in their place to win or to lose, and Gilbert le Glovere and Ivetta his wife, deforciants; touching one messuage with the appurtenances in Lincoln. Whereupon a plea of covenant was summoned between them in the same court, to wit, that the aforesaid Gilbert and Ivetta have acknowledged the aforesaid messuage with the appurtenances to be the right of the same Richard de Rothewell', as that which the same Richard de Rothewell' and Richard de Stretton' have of the gift of the aforesaid Gilbert and Ivetta: to have and to hold to the same Richard de Rothewell' and Richard de Stretton' and the heirs of the same Richard de Rothewell' of the chief lords of that fee by the services which to that messuage belong for ever. And moreover the same Gilbert and Ivetta have granted for themselves and the heirs of the same Ivetta that they shall warrant the aforesaid messuage with the appurtenances to the same Richard de Rothewell' and Richard de Stretton' and the heirs of the same Richard de Rothewell' against all men for ever. And for this acknowledgement, warranty, fine, and concord, the same Richard de Rothewell' and Richard de Stretton' have given to the aforesaid Gilbert and Ivetta ten pounds of sterlings (Muniment Room of the Dean and Chapter of Lincoln, Dij, 78/1, nos. 94 and 95). (fn. 32)

(ii) For earlier examples see below pp. 307 ff.

(31) Foot of Fine. (fn. 33)

(i) See the frontispiece. This foot is a replica of the foot of fine printed above (no. 30 (i)) with the addition of the name of the county at the bottom. The reference is, P.R.O., Feet of Fines, case 134, file 69, no. 21).

(ii) This is the final concord made in the court of the lord the king at Westminster, in eight days of the Purification of the blessed Mary in the third year of the reign of Edward son of king Edward [9 February, 1309–10], before William de Bereford, Lambert de Trikingham, Hervey de Stanton, John de Benstede, and Henry le Scrop, justices, and other faithful men of the lord the king then present there, between Amy de Thoresby and William de Toutheby, querents, and John Seys of Louth and Maud his wife, deforciants, of one messuage with the appurtenances in Louth. Whereupon a plea of covenant was summoned between them in the same court, to wit, that the aforesaid Amy has acknowledged the aforesaid messuage with the appurtenances to be the right of the said Maud. And for this acknowledgement, fine, and concord, the same John and Maud have granted to the aforesaid Amy, the aforesaid messuage with the appurtenances, and have rendered it to them in the same court: to have and to hold to the same Amy and the heirs begotten of her body, of the chief lords of that fee, by the services which to that messuage belong for ever. And if it happen that the aforesaid Amy shall die without an heir begotten of her body, then, after the death of the said Amy, the aforesaid messuage with the appurtenances shall remain wholly to the aforesaid William and his heirs: to hold of the chief lords of that fee by the services which to that messuage belong for ever (P.R.O., Feet of Fines, case 135, file 77, no. 21). (fn. 34)

(iii) This is the final concord made in the court of the lady the queen at Westminster, in eight days of St. Michael in the first year of the reign of Elizabeth, by the grace of God queen of England, France, and Ireland, defender of the faith, etc., before James Dyer, Humphrey Broun, and Anthony Broun, justices, and other faithful men of the lady the queen then present there, between Robert Turpyn, querent, and Walter Grene and Elizabeth his wife, deforciants, of one messuage, one barn, one garden, and twenty acres of pasture in Boston. Whereupon a plea of covenant was summoned between them in the same court, to wit, that the aforesaid Walter and Elizabeth have acknowledged the aforesaid tenement with the appurtenances, to be the right of the same Robert, as that which the same Robert has of the gift of the aforesaid Walter and Elizabeth, and have remised and quitclaimed them from them the said Walter and Elizabeth and their heirs to the aforesaid Robert and his heirs for ever. And moreover the same Walter and Elizabeth have granted for themselves and the heirs of the said Walter that they shall warrant to the aforesaid Robert and his heirs the aforesaid tenement with the appurtenances against all men for ever. And for this acknowledgement, remise, quitclaim, warranty, fine, and concord, the aforesaid Robert has given the aforesaid Walter and Elizabeth eighty pounds of sterlings (P.R.O., Feet of Fines, Lincs, Michaelmas, 1 and 2 Eliz.). (fn. 35)