“The King to the Sheriff, Health. Prohibit _N._ that he holds not in
his Court the Plea which is between _M._ and _R._ of the service of
eight shillings, and of one Quart[108] of Honey, and two stikes[109]
of Eels which the aforesaid _M._ exacts of the aforesaid _R._ for the
Yearly service of his free Tenement that he holds of him, in such a
Vill, for which Tenement the said _R._ acknowledges that he owes him
eight shillings a year for every service, unless the Duel be waged
between them, because _R._ from whom the service is required, puts
himself on my Assise, and prays a Recognition, whether he owes eight
Shillings a year for every service, and besides one Quart of Honey, and
two stikes of Eels. Witness &c.”
[Footnote 108: _Sextarii._ Vide Spelm. Gloss. ad vocem.]
[Footnote 109: _Stikis._ A stike seems to be 25, _sic dicta quod
trajecto vimine_, (_quod_ stic _dicimus_) connectebantur. (Spelm.
Gloss. ad voc. _stica_.)]
CHAP. X.
By means of such Writs, the Tenant may protect himself, and may put
himself upon the Assise, until his Adversary, appearing in Court, pray
another Writ, in order that four lawful Knights of the County, and of
the Vicinage, might elect twelve lawful Knights from the same Vicinage,
who should say, upon their oaths, which of the litigating parties, have
the greater right to the Land in question. The Writ for the summoning
of the four Knights is as follows——
CHAP. XI.
“The King to the Sheriff, Health.[110] Summon, by good summoners, four
lawful Knights of the Vicinage of Stoke, that they be at the Pentecost
before me, or my Justices, at Westminster, to elect on their oaths,
twelve lawful Knights of that Vicinage, who better know the truth, to
return, on their oaths, whether _M._ or _R._ have the greater right in
one Hyde of Land in Stoke, which _M._ claims against _R._ by my Writ,
and of which _R._ the Tenant, hath put himself upon my Assise and prays
a Recognition to be made, which of them have the greater right in that
Land; and, cause their names to be imbreviated. And summon, by good
Summoners, _R._ who holds the Land, that he be then there to hear the
election, and have there the Summoners, &c.”
[Footnote 110: Vide F.N.B. 9.]
CHAP. XII.
At such day the Tenant may essoin himself, and again have recourse to
three reasonable Essoins.
And this, indeed, appears but right; since, as we have explained in a
former part of this Treatise, as often as any one appears in Court, and
there performs that which the Law requires of him, he may again recur
to his Essoins.
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