If the party be convicted of this offence in the Lord’s Court, he shall irrecoverably lose the Tenement he holds of such Lord. But, if he hold no other Tenement of the same Lord, then, the latter shall implead him in the Court of the Chief Lord by a Writ of Right. In like manner, if any one commit an encroachment in this way upon a person, not being his Lord, and the case fall not within the Assise,[369] the matter shall be decided by Writ of Right. But, if the fact happen within the Assise, then, recourse must be had to a Recognition of Novel Disseisin to recover possession, of which proceeding we shall presently speak. In Purprestures of this description, the Boundaries of Land are sometimes destroyed and encroached upon. In such case, upon a complaint being made in Court by any of the Neighbours, let the Sheriff be commanded, that a View of the Boundaries in question be taken in his presence by Lawful Men of the Vicinage, and, upon their oaths, that he cause the boundaries to be as they ought to be, and were accustomed to be in the time of King Henry the First: for this purpose, the following Writ shall issue—— [Footnote 369: _Infra Assisam_—lawful time, says Skene, so that the Action of Novel Disseisin is not prescribed. (Reg. Maj. L. 2. c. 74.)] CHAP. XIV. “The King to the Sheriff, Health.[370] I command you, that justly and without delay, you make reasonable divisions[371] between the Land of _R._ in such a Vill, and the Land of Adam of Byre, as they ought to be, and were accustomed to be, and as they were in the time of King Henry, my Grandfather, of which _R._ complains that Adam, unjustly and without judgment, has encroached more than belongs to his free Tenement of Byre, least I again hear complaint for want of Justice. Witness, &c.” [Footnote 370: Vide F.N.B. 285.] [Footnote 371: Vide Ante p. 133. Note 1.] Book X. OF THE DEBTS OF THE LAITY ARISING FROM DIFFERENT KINDS OF CONTRACTS, VIZ. FROM SALE, PURCHASE, GIFT, LOAN, BORROWING, LETTING OUT, AND HIRING; AND OF PLEDGES AND GAGES, WHETHER MOVEABLE OR IMMOVEABLE; AND OF CHARTERS CONTAINING DEBTS. CHAP. I. Pleas concerning the Debts of the Laity also belong to the King’s Crown and Dignity. When, therefore, any one complains to the Court, concerning a Debt that is due to him, and be desirous of drawing the suit to the King’s Court, he shall have the following Writ, for making the first Summons—— CHAP. II. “The King to the Sheriff, Health. Command _N._, that justly and without delay, he render to _R._, one hundred Marks which he owes him, as he says, and of which he complains that he has unjustly deforced him. And, unless he does so, summon him, by good Summoners, that he be before me or my Justices at Westminster in fifteen days from the Pentecost, to shew wherefore he has not done it. And have there the Summoners and this Writ. Witness, &c.” CHAP. III.