[Footnote 42: We learn from Bracton, that the Sheriff was in the habit
of exercising Jurisdiction over many Pleas which did _not_ belong to
him _ex officio_; but, in such cases, he acted by the King’s precept,
not as Sheriff, but as _Justiciarius Regis_, (Bracton 154. b.) The
distinction is important, and seems not unknown to the Grand Custumary
of Normandy. (Vide c. 2.)]
[Footnote 43: _Breve_, a Writ. When causes became so frequent that the
king was unable to attend to them, says Craig, he remitted them to the
Judge, by means of Instruments containing a brief summary of the chief
points. Hence the name _Breve_. (Craig Jus Feud. L. 2. Dieg. 17, s.
24.) So early as Henry the first we find, that _contemptus Brevium_ was
an offence, subjecting the person guilty of it to be amerced to the
king. (LL. Hen. 1. c. 14.)]
CHAP. V.
When any one complains[44] to the King, or his Justices, concerning
his Fee, or his Freehold, if the complaint be such as be proper for
the determination of the King’s Court, or the King is pleased that it
should be decided there, then the party complaining shall have the
following Writ of summons.
[Footnote 44: _Clamat._ Vide Spelm. Gloss. ad voc. Craig Jus Feud. L.
2. Dieg. 17. s. 25. and L. 3. Dieg. 5. s. 2.]
CHAP. VI.
“The King to the Sheriff, Health.[45] Command _A._ that, without delay,
he render to _B._ one Hyde of Land, in such a Vill, of which the said
_B._ complains, that the aforesaid _A._ hath deforced him; and, unless
he does so, summon him by good summoners, that he be there, before me,
or my Justices, _in crastino post octabas clausi Paschæ_ at such a
place, to show wherefore he has failed; and have there the Summoners
and this Writ. Witness Ranulph de Glanville, at Clarendon.”
[Footnote 45: Vide Fitz. Nat. Brev. p. 5. Ed. 1687. As this is the
first writ we meet with, it may not be improper to observe, that, in
rendering the writs, the Translator has for obvious reasons endeavoured
to adhere to the technical phraseology generally used in that species
of process.]
CHAP. VII.
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