[Footnote 423: “It is answered,” says the Reg. Maj. “he may not do
so, because all things are forbidden to a procurator, which are not
expressly granted and committed to him.” (L. 3. c. 19.)]
Book XII.
OF THE PLEA OF RIGHT; AND OF DIFFERENT WRITS OF RIGHT,
DIRECTED TO THE SHERIFFS OR LORDS OF THE FEE, UPON VARIOUS
OCCASIONS.
CHAP. I.
The preceding Pleas of Right are, directly and in the first instance,
commenced in the King’s Court, where, as we have observed, they are
discussed and terminated. But some Pleas of Right, although not in the
first place commenced in the King’s Court, are sometimes removed there,
when the Courts of different Lords are proved to have failed in doing
Justice; for then such Pleas may, through the medium of the County
Court, be transferred from thence to the Chief Court of the King, for
the various causes shewn in a former part of this Treatise.[424]
[Footnote 424: Vide L. 6. c. 8.]
CHAP. II.
When, therefore, a person claims any Freehold Tenement, or a Service,
as held of another by free service, he cannot draw the person holding
it into a Suit, without the King’s Writ, or that of his Justices. He
shall, therefore, have a Writ of Right, directed to the Lord of whom
he claims to hold. If the Plea concern Land, such Writ will be as
follows——
CHAP. III.
“The King to the Earl of _W._, Health.[425] I command you, that without
delay, you hold full Right to _N._ of ten ploughlands in Middleton,
which he claims to hold of you by the free service of one Knight’s fee
for every service; or by the free service of one Hundred Shillings by
the Year for every service; or by the free service of which twelve
ploughlands make a Knight’s Fee for every service; or which he claims
to belong to his free Tenement that he holds of you in the same Vill,
or in Mortune by the free service, &c. or by the service, &c.; or which
he claims to hold of you as the free Marriage-hood of _M._ his Mother;
or in free Burgage; or in free Alms; or by the free service of going
with you in the King’s Army with two horses at his own cost for every
service; or by the free service of finding you one Cross-Bowman[426]
in the King’s Army for forty days for every service; of which _R._,
the Son of _W._, had deforced him; and, unless you do so, the Sheriff
of Northampton shall, least I should hear any more complaint for want
of Justice. Witness, &c.” But Writs of Right of this kind are usually
infinitely diversified for different causes, as, indeed, will appear
from the various forms we shall presently give. But, if the Plea
concern a service, the Writ will be as follows——
[Footnote 425: Vide F.N.B. 2.]
[Footnote 426: _Arbelastarium_ from the French _arbalestier_. In the
distribution of Estates by William the Conqueror, the _Arbelastarii_
were reckoned among those noble and military chiefs, the Peers of the
Realm. This appears from some passages in Domesday. (Spelman Gloss. ad
voc.)]
CHAP. IV.
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