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]
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——
CHAP. IV.
“The King to N. Health. I command you, that without delay, you hold full Right to N. of a hundred shillings of Rent in such a Vill, which he claims to hold of you by free service, &c. or the service, &c.; and, unless you do so, the Sheriff of Oxford shall do it, least I should any more hear a complaint for want of Justice. Witness, &c.”