Blackstone’s Commentaries:
with Notes of Reference (1803)

St. George Tucker

VOLUME 4, APPENDIX

No. I. – Proceedings on a Writ of Right Patent

§ 1. Writ of Right Patent in the Court Baron.

GEORGE the second by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth, to Willoughby earl of Abingdon, greeting. We command you that without delay you hold full right to William Kent esquire, of one messuage and twenty acres of land with the appurtenances in Dorchester, which he claims to hold of you by the free service of one penny yearly in lieu of all services, of which Richard Allen deforces him. And unless you so do, let the sheriff of Oxfordshire do it, that we no longer hear complaint thereof for defect of right. Witness ourself at Westminster, the twentieth day of August, in the thirtieth year of our reign.

Pledges of  
Prosecution, 
{ John Doe.
 Richard Roe.

§ 2. Writ of Tolt, to Remove it into the County Court.

Charles Morton, esquire, sheriff of Oxfordshire, to John Long bailiff errant of our lord the king and of myself, greeting. Because by the complaint of William Kent esquire, personally present at my county-court, to wit, on Monday the sixth day of September in the thirtieth year of the reign of our lord George the second by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth, at Oxford in the shirehouse there held, I am informed, that although he himself the writ of our said lord the king of right patent directed to Willoughby earl of Abingdon, for this that he should hold full right to the said William Kent of one messuage and twenty acres of land with the appurtenances in Dorchester within my said county, of which Richard Allen deforces him, has been brought to the said Willoughby earl of Abingdon; yet, for that the said Willoughby earl of Abingdon favors the said Richard Allen in this part, and has hitherto delayed to do full right according to the exigence of the said writ, I command you on the part of our said lord the king, firmly enjoining, that in your proper person you go to the court baron of the said Willoughby earl of Abingdon at Dorchester aforesaid, and take away the plaint, which there is between the said William Kent and Richard Allen by the said writ, into my county court to be next held, and summon by good summoners the said Richard Allen, that he be at my county court on Monday the fourth day of October next coming at Oxford in the shirehouse there to be held, to answer to the said William Kent thereof. And have you there then the said plaint, the summoners, and this precept. Given in my county court at Oxford in the shirehouse, the sixth day of September, in the year aforesaid.

§ 3. Writ of Pone, to Remove it into the Court of Common Pleas.

GEORGE the second, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth, to the sheriff of Oxfordshire, greeting. Put, at the request of William Kent, before our justices at Westminster on the morrow of All-Souls, the plaint which is in your county court by our writ of right, between the said William Kent demandant, and Richard Allen tenant, of one messuage and twenty acres of land with the appurtenances in Dorchester; and summon by good summoners the said Richard Allen, that he be then there, to answer to the said William Kent thereof. And have you there the summoners and this writ. Witness ourself at Westminster, the tenth day of September, in the thirtieth year of our reign.

§ 4. Writ of Right, Quia Dominus Remisit Curiam.

GEORGE the second, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth, to the sheriff of Oxfordshire, greeting. Command Richard Allen, that he justly and without delay render unto William Kent one messuage and twenty acres of land with the appurtenances in Dorchester, which he claims to be his right and inheritance, and whereupon he complains that the aforesaid Richard unjustly him. And unless he shall so do, and if the said William shall give you security of prosecuting his claim, then summon by good summoners the said Richard, that he appear before our justices at Westminster on the morrow of All Souls, to show wherefore he has not done it. And have you there the summoners and this writ. Witness ourself at Westminster, the twentieth day of August, in the thirtieth year of our reign. Because Willoughby earl of Abingdon, the chief lord of that fee, has thereupon remised unto us his court.

Pledges of 
Prosecution, 
{ John Doe.
 Richard Roe.
Summoners of the within 
named Richard 
{ John Den,
 Richard Fen.

§ 5. The Record, with Award of Battle.

Pleas at Westminster before Sir John Willes knight, and his brethren, justices of the bench of the lord the king at Westminster, of the term of saint Michael in the thirtieth year of the reign of the lord George the second, by the grace of God of Great Britain, France and Ireland, king, defender of the faith, etc.

Oxon.
to wit.} William Kent, esquire, by James Parker his attorney, demands against Richard Allen, gentleman, on messuage and twenty acres of land, with the appurtenances, in Dorchester, as his right and inheritance, by writ of the lord the king of right, because Willoughby earl of Abingdon the chief lord of that fee has now thereupon remised to the lord the king his court. And whereupon he says, that he himself was seized of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in the time of peace, in the time of the lord George the first late king of Great Britain, by taking the esplees thereof to the value1 And that such is his right he offers And the said Richard Allen, by Peter Jones his attorney, comes and defends the right of the said William Kent, and his seizin, when and all and whatsoever and chiefly the tenements aforesaid with the appurtenances, as of fee and right, And this he is ready to defend by the body of his free man, George Rumbold by name, who is present here in court ready to defend the same by his body, or in what manner soever the court of the lord the king shall consider that he ought to defend. And if any mischance should befall the said George (which God defend) he is ready to defend the same by another man, who And the said William Kent says, that the said Richard Allen unjustly defends the right of him the said William, and his seizin, etc, and all, etc, and whatsoever, etc, and chiefly of the tenements aforesaid with the appurtenances, as of fee and right, etc; because he says, that he himself was seized of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in the time of peace, in the time of the said lord George the first late king of Great Britain, by taking the esplees thereof to the value, etc. And that such is his right, he is prepared to prove by the body of his freeman, Henry Broughton by name, who is present here in court ready to prove the same by his body, or in what manner soever the court of the lord the king shall consider that he ought to prove; and if any mischance should befall the said Henry (which God defend) he is ready to prove the
same b another man, who, etc. And hereupon it is demanded of the said George and Henry, whether they are ready to make battle, as they before have waged it: who say that they are. And the same George Rumbold gives gage of defending, and the said Henry Broughton gives gage of proving; and, such engagement being given as the manner is, it is demanded of the said William Kent and Richard Allen, if they can say any thing wherefore battle ought not to be awarded in this case; who say that they cannot. Therefore it is considered, that battle be made thereon, etc. And the said George Rumbold finds pledges of battle, to wit, Paul Jenkins and Charles Carter; and the said Henry Broughton finds also pledges of battle, to wit, Reginald Read and Simon Tayler. And thereupon day is here given as well to the said William Kent as to the said Richard Allen, to wit, on the morrow of saint Martin next coming, by the assent as well of the said William Kent as of the said Richard Allen. And it is commanded that each of them then have here his champion, sufficiently furnished with competent armor as becomes him, and ready to make the battle aforesaid: and that the bodies of them in the mean time be safely kept, on peril that shall fall thereon. At which day here come as well the said William Kent as the said Richard Allen by their attorneys aforesaid, and the said George Rumbold and Henry Broughton in their proper persons likewise come, sufficiently furnished with competent armor as becomes them, ready to make the battle aforesaid, as they had before waged it. And hereupon day is further given by the court here, as well to the said William Kent as to the said Richard Allen, at Tothill near the city of Westminster in the county of Middlesex, to wit, on the morrow of the purification of the blessed virgin Mary next coming, by the assent as well of the said William as of the aforesaid Richard. And it is commanded, that each of them have then there his champion, armed in the form aforesaid, ready to make the battle aforesaid, and that their bodies in the mean time, etc. At which day here, to wit, at Tothill aforesaid, comes the said Richard Allen by his attorney aforesaid, and the said George Rumbold and Henry
Broughton in their proper persons likewise come, sufficiently furnished with competent armor as becomes them, ready to make the battle aforesaid, as they before had waged it. And the said William Kent being solemnly called does not come, nor has prosecuted his writ aforesaid. Therefore it is considered, that the same William and his pledges of prosecuting, to wit, John Doe and Richard Roe, be in mercy for his false complaint, and that the same Richard go thereof without a day, etc, and also that the said Richard do hold the tenements aforesaid with the appurtenances, to him and his heirs, quit of the said William and his heirs, forever, etc.

§ 6. Trial by the Grand Assize.

And the said Richard Allen, by Peter Jones his attorney, comes and defends the right of the said William Kent, and his seizin, when, etc. and all, etc, and whatsoever, etc, and chiefly of the tenements aforesaid with the appurtenances, as of fee and right, etc, and puts himself upon the grand assize of the lord the king, and prays recognition to be made, whether he himself has greater right to hold the tenements aforesaid with the appurtenances to him and his heirs as tenants thereof as he now holds them, or the said William to have the said tenements with the appurtenances as he above demands them. And he tenders here in court six shillings and eight-pence to the use of the lord the now king, etc, for that, to wit, it may be inquired of the time And he therefore prays, that it may be inquired by the assize, whether the said William Kent was seized of the tenements aforesaid with the appurtenances in his demesne as of fee in the time of the said lord the king George the first, as the said William in his demand before has alleged. Therefore it is commanded the sheriff, that he summon by good summoners four lawful knights of his county, girt with swords, that they be here on the octaves of saint Hilary next coming, to make election of the assize aforesaid. The same day is given as well to the said William Kent as to the said Richard Allen, here, etc. At which day here come as well the said William Kent as the said Richard Allen; and the sheriff, to wit, Sir Adam Alstone knight now returns, that he had caused to be summoned Charles Stephens, Randal Wheler, Toby Cox, and Thomas Munday, four lawful knights of his county, girt with swords, by John Doe and Richard Roe his bailiffs, to be here at the said octaves of saint Hilary, to do as the said writ thereof commands and requires; and that he said summoners, and each of them, are mainprized by John Day and James Fletcher. Whereupon the said Charles Stephens, Randal Wheler, Toby Cox, and Thomas Munday, four lawful knights of the county aforesaid, girt with swords, being called, in their proper persons come, and, being sworn, upon their oath in the presence of the parties aforesaid chose of themselves and others twenty-four, to wit, Charles Stephens, Randal Wheler, Toby Cox, Thomas
Munday, Oliver Greenway, John Boys, Charles Price, knights, Daniel Prince, William Day, Roger Lucas, Patrick Fleming, James Harris, John Richardson, Alexander Moore, Peter Payne, Robert Quin, Archibald Stuart, Bartholomew Norton, and Henry Davis, esquires, John Porter, Christopher Ball, Benjamin Robinson, Lewis Long, William Kirby, gentlemen, good and lawful men of the county aforesaid, who neither are of kin to the said William Kent nor to the said Richard Allen, to make recognition of the grand assize aforesaid. Therefore it is commanded the sheriff, that he cause them to come here from the day of Easter in fifteen days, to make the recognition aforesaid. The same day is there given to the parties aforesaid. At which day here come as well the said William Kent as the said Richard Allen, by their attorneys aforesaid, and the recognitors of the assize whereof mention is above made being called come, and certain of them, to wit, Charles Stephens, Randal Wheler, Toby Cox, Thomas Munday, Charles Price, knights, Daniel Prince, Roger Lucas, William Day, James Harris, Peter Payne, Robert Quin, Henry Davis, John Porter, Christopher Ball, Lewis Long, and William Kirby, being elected, tried, and sworn, upon their oath say, that the said William Kent has more right to have the tenements aforesaid with the appurtenances to him and his heirs, as he demands the same, than the said Richard Allen to hold the same as he now holds them, according as the said William Kent by his writ aforesaid has supposed. Therefore it is considered, that the said William Kent do recover his seizin against the said Richard Allen of the tenements aforesaid with the appurtenances, to him and his heirs, quit of the said Richard Allen and his heirs, forever: and the said Richard Allen in mercy, etc.


Blackstone’s NOTES (Tucker’s notes not yet added)


     1.    N. B. The clauses, between hooks, in this and the subsequent numbers of the appendix, are usually no otherwise expressed in the records than by an etc.