“The King to the Sheriff, Health.[444] If _G._, the son of _T._
shall make you secure of prosecuting his claim, then, summon by good
Summoners, twelve free and lawful Men of the Neighbourhood of such a
Vill, that they be before me, or my Justices, on such a day, prepared
on their oath to return, if _T._ the father of the aforesaid _G._ was
seised in his Demesne as of Fee, of one Yardland, in that Vill, on the
day of his death—if he died after my first Coronation,[445] and if
the said _G._ be his nearer Heir. And, in the mean time, let them view
the Land and cause their names to be imbreviated; and summon, by good
Summoners, _R._ who holds that Land, that he be then there to hear such
Recognition; and have there the Summoners &c. Witness &c.” But, if the
Ancestor was seised in the manner before mentioned, and had begun a
Voyage, then, the Writ will be as follows——
[Footnote 444: Vide F.N.B. 433.]
[Footnote 445: This, Lord Coke informs us, was the 20th of October
1154. (2 Inst. 94.) A limitation of between 30 and 40 years.]
CHAP. IV.
“The King to the Sheriff, Health.[446] If _G._ the Son of _T._
shall make you secure of prosecuting his claim, then summon by good
Summoners, twelve free and lawful Men of the Neighbourhood of such a
Vill, that they be before me, or my Justices,[447] such a day, prepared
upon their oaths to return, if _T._ the father of the aforesaid _G._
was seised in his Demesne as of Fee of one Yardland, in such a Vill,
the day on which he began his Journey to Jerusalem, or to St. Jago, in
which Journey he died.——And, if he began his Journey since my first
Coronation, and if the aforesaid _G._ be his nearer Heir. And, in the
mean time &c.” as before. But, if the Heir be within age, then the Writ
will be as follows——
[Footnote 446: Vide F.N.B. 434. In this Writ, says Fitzherbert, it
sufficeth, if he were seised the day he went out of the Land and took
the Sea, although it was not the day of his death. (Ubi supra.)]
[Footnote 447: “Before this Statute,” says Lord Coke, commenting on
Mag. Carta, “the Writs of Assise, of Novel Disseisin and Mortdanc’ were
returnable either _coram rege_, or into the Court of Common Pleas:
and this appeareth by Glanville—_coram me vel coram Justiciariis
meis_. But, since this Statute, these Writs are returnable, _coram
Justiciariis nostris ad Assisas cum in partes illas venerint_.” (2
Inst. 24.)]
CHAP. V.
“The King to the Sheriff, Health. Summon by good Summoners, &c.” in
all respects as in the foregoing, except that in the present Writ this
clause in the beginning shall be omitted, “if _G._ the Son of _T._
shall make you secure of prosecuting his claim.”[448]
[Footnote 448: Vide Fitz. N.B. 434.]
Also this clause in the body of the Writ is omitted, “if _T._ the
Father of the aforesaid _G._ died after my first Coronation.” But, if
he assumed the habit of Religion, then the Writ, in conformity to this
circumstance, will be varied in the following manner——
CHAP. VI.
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