“The King to the Sheriff, Health. Summon by good Summoners, twelve
free and lawful Men of the Neighbourhood of such a Vill, that they be
before me, or my Justices, at such a day, prepared upon their oaths, to
return, if _R._ the Father of _N._ who is within age, was seised in his
Demesne of one ploughland in that Vill, of which _M._ the Son and Heir
of _I._ prays a Recognition of the death of the said _I._ his Father,
against the said _N._ as of his Fee on the day he died, or as of Ward.
And, in the mean time, let them view that Land; and cause their names
to be imbreviated. And summon, by good Summoners, the aforesaid _N._
who holds such Land, that he be then there to hear the Recognition. And
have &c.”
CHAP. XV.
But, it should be observed, that if a day has been given for this
purpose to both parties, when present in Court, then, the Tenant ought
not to be summoned. But thereupon, a Recognition shall proceed to be
taken on the oaths of twelve Jurors, and, according to their Verdict,
shall it be declared, what Seisin the Minor’s Ancestor had, on the day
of his death, in the Tenement in question; and, if it should be proved,
that the Ancestor of the Minor had no Seisin on the day of his death,
unless as of Ward, then, the Demandant shall recover Seisin against the
Minor. But, it may be questioned, whether this alone be sufficient to
enable him to recover Seisin.
It does not appear to be so; because this by no means proves, that the
Demandant’s Ancestor was seised in his Demesne as of Fee, on the day
of his death; nor even that the Demandant be his nearer Heir. But,
on the contrary, it may be said, that this being proved, the Minor
has consequently no right afterwards to retain the Seisin. But if
this assertion be correct, to whom is the possession to be restored?
whether, in such a case, must recourse be had to the principal
Recognition? If, however, it be proved by the oaths of the twelve
Jurors, that the Minor’s Ancestor was seised on the day of his death,
as of Fee, then, the Seisin shall continue to the Minor without
disturbance, until he arrives at his full age.
Public-domain text, read in full here on John Shaqi.
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