[Footnote 450: “The reason why Assises were more expeditious than
other remedies, arose from no Essoin being allowed in them”—says Mr.
Barrington, (Observations on Ancient Statutes, p. 105.) which, from
the text of Glanville, appears evidently to be an inaccuracy, as a
_general_ position.]
But, in a Recognition of Novel Disseisin, no Essoin is permitted. On
the third day, therefore, whether the Tenant appear or not, the Assise
must be taken, as we have observed; and, if the Jurors should decide
for the Demandant, Seisin shall be adjudged him, and the Sheriff shall
be directed to put him into Seisin, by the following Writ——
CHAP. VIII.
“The King to the Sheriff, Health. Know, that _N._ has, in my Court,
recovered Seisin of so much Land, in such a Vill, by a Recognition of
_Mort d’Auncestor_ against _R._ and, therefore, I command you, that you
cause him to have the Seisin without delay—Witness &c.”
CHAP. IX.
But, together with the Seisin, the successful party shall recover the
possession of all the chattels and other things found in the Fee, at
the time of delivering Seisin. But, after the Seisin has been fully
recovered, the party who has lost it may sue concerning the Right, by
means of a Writ of Right. Yet it may be questioned, to what time this
is to be restricted, after restitution has been fully made.
CHAP. X.
But, if the decision be in favor of the absent Tenant, the Seisin shall
then remain to him, without his Adversary being able to recover it.
But such Seisin shall be no bar to a Suit concerning the Right. Nor
shall a Plea of Right concerning any Tenement, prevent a Recognition
for recovering the Seisin of a person’s Ancestor in the same Tenement,
previously to the waging of the Duel. But, how then shall his contempt
of Court be punished?
CHAP. XI.
Both Parties being present in Court, it is usual to inquire of the
Tenant whether he can shew any reason, why the Assise should not
proceed? And, here it should be observed, that a person of full
age sometimes demands a Recognition of this kind[451] against a
Minor—sometimes a Minor demands it against one of full age—sometimes a
Minor against a Minor—sometimes one of full age against another of that
description.[452] Generally speaking, the Assise shall not proceed, if
the Tenant admits in Court, that the Ancestor, on the strength of whose
Seisin the Demandant founds his claim, was seised on the day of his
death in his Demesne as of Fee, with the other circumstances expressed
in the Writ.
[Footnote 451: No one of full age was allowed by the Norman Code to
prosecute a _mort d’auncestor_, unless he had purchased his writ
within a year and a day after his Ancestor’s death had been publicly
proclaimed. (Grand Cust. c. 99.)]
[Footnote 452: See Bracton 274. a. et seq.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account