In like manner, concerning the Recognition, whether a person was, on
the day of his death, seised of a certain Freehold, as of Fee or of
Ward, in the thirteenth, fourteenth, and fifteenth Chapters of this
Book. In the same manner, concerning the Recognition, whether a person
presented the last Parson, in right of his Fee, or his Wardship, in
the twentieth, twenty-first, and twenty-second Chapters of the present
Book. These Recognitions follow those we have previously treated of
with respect to Essoins, and proceed or cease for the same reasons.
CHAP. XXXII.
In the last place, it remains for us to speak, concerning that species
of Recognition, which is called _Novel Disseisin_.[472] When any one,
therefore, unjustly and without a Judgment, has disseised another
of his Freehold; and the case fall within the King’s Assise, or in
other words, within the time for such purpose appointed by the King
with the advice of his[473] Nobles (which is sometimes a greater,[474]
sometimes, a less period) this Law comes to the aid of the person
disseised, who shall have the following Writ——
[Footnote 472: As to the term _novel_, when the Action was brought
before the Eyre, or Circuit, the Action or Disseisin was _ancient_,
whilst, if the Disseisin were done since the last Eyre, then it was
a novel Disseisin. Bracton treats largely upon the subject of novel
Disseisin 160, et seq. See also 2 Inst. 24. The remedy of novel
Disseisin is also treated of in the Assises of Jerusalem, with some
peculiar provisions adapted to the singular circumstances in which the
Holy Land was situated, (c. 63. et seq.) The respectable Translator of
the Code Napoleon observes, that he has not met with the term _novel
disseisin_ before Magna Carta.—Amidst the attention of preparing his
work for the press, he must have forgotten not only Glanville, but the
Mirror.—Whatever doubt maybe entertained respecting the authority of
the Mirror, yet Glanville indubitably proves, that the term was well
known to our lawyers antecedent to the Great Charter. (See Mirror, c.
2. s. 25.)]
[Footnote 473: Meaning the Parliament, according to Judge Blackstone.
(1. 147. 148.)]
[Footnote 474: The words inserted in this parenthesis have been thought
to be an interpolation of a later date. (1. Reeves’ Hist. Eng. Law.
189.) Yet this suggestion may very reasonably be questioned—as the
passage seems merely assertive of what must necessarily be the fact. It
was a consequence of fixing the time of limitation _to the coronation
of the king_, _his Journey into Normandy_, or any other event, that the
time itself must be altering daily. (Vide 2 Inst. 94.)]
CHAP. XXXIII.
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