“The King to the Sheriff, Health. If _G._ the Son of _T._ make you
secure &c.” in all respects as before, excepting that in the present
Writ there must be inserted in the Body of it, “prepared upon their
oath to return if _T._ the father of the aforesaid _G._ was seised in
his Demesne as of Fee, of so much Land in such a Vill, the day on
which he assumed the habit of Religion; and, if he assumed such habit
after my first Coronation; and, if the aforesaid _G._ be his nearer
Heir; and, in the mean time, that they view the Land &c.” as before.
CHAP. VII.
The Writ of _Mort d’Auncestor_[449] having been received by the
Sheriff, and security given by the Demandant in the County Court to
prosecute his claim, the Proceeding in this manner comes to an Assise.
In the first place, twelve free and lawful Men of the Neighbourhood
are to be elected, according to the form expressed in the Writ, both
parties being present, as well the Demandant, as the Tenant, or the
latter being absent, provided he has been summoned once, at least,
to be present at the Election. He is, indeed, to be once summoned in
order that he may be present, and hear who are elected to make such
Recognition. Some of them he may for a reasonable cause object to, if
he is so inclined, and they shall be excluded from the Recognition. If
he should not appear at the first Summons, regularly proved in Court,
he shall not be awaited any longer; but, though he be absent, the
twelve Jurors shall be elected, and then sent by the Sheriff to take a
View of the Land or other Tenement in question. Yet the Tenant shall
have one Summons on this account. The Sheriff shall cause the names of
the twelve persons elected to be imbreviated. Having done this, the
Sheriff shall cause the Tenant to be summoned to appear on the day
appointed by the King’s Writ, or that of his Justices, before the King,
or his Justices, to hear the Recognition.
[Footnote 449: Though the Writs inserted in the three foregoing
Chapters appear to be framed with a view to the death of the
Demandant’s Father, yet we are not from thence to infer, that the
remedy, now under consideration, was confined in its application to
the death of a Parent only, since the Ancestor in a Writ of _mort
d’auncestor_ was intended of the Father, Mother, Brother, Sister,
Uncle, Aunt, Nephew, or Niece of the Demandant. But here it ended. (See
Bracton 254. 261. and 2 Inst. 399.)]
But, if the Demandant be of full age, the Tenant may essoin himself on
the first and second day,[450] but on the third day he cannot do so,
since the Recognition shall be then taken, whether the Tenant appear or
not; because in no Recognition, where Seisin alone be in question, are
more than two Essoins allowed.
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