“The King to the Sheriff, Health.[482] _N._ has complained to me that _R._, unjustly and without a Judgment, has raised the Pond of his Mill, in such a Vill, to the nuisance[483] of his Freehold, in such Vill, or in another Vill, since my last Voyage into Normandy. And, therefore, I command you, that if the aforesaid _N._ should make you secure of prosecuting his claim, then, you cause twelve free, &c. to view that Pond and Tenement, &c.” as before. [Footnote 482: Vide F.N.B. 407.] [Footnote 483: See Bl. Com. 3. 220.] If, however, the Disseisin concern Common of Pasture, then, the Writ shall be as follows—— CHAP. XXXVII. “The King to the Sheriff, Health.[484] _N._ complains to me, that _R._, unjustly and without a Judgment, has disseised him of his Common of Pasture, in such a Vill, which belongs to his Freehold, in such Vill, or in that other Vill, since my last Voyage into Normandy. And, therefore, I command you, that if the aforesaid _N._, has made you secure of prosecuting his claim, then, you cause twelve free, &c. to view that Pasture and Tenement, and their names, &c.” [Footnote 484: Vide F.N.B. 399.] CHAP. XXXVIII. In this species of Recognition no Essoin is permitted.[485] [Footnote 485: But one Essoin, and one default allowed by the Norman Code! (Grand Custum. c. 94.)] For, on the first day, and that whether the party committing the Disseisin should appear or not, the Recognition shall proceed,[486] because it spares no person, neither one of full age, nor a Minor, nor will await even a Warrantor. But, if a party should acknowledge such Disseisin in Court, naming, at the same time, a Warrantor, the Recognition shall thereby cease, and the person who has so acknowledged shall be amerced to the King. [Footnote 486: The Norman Code describes the whole proceeding at length. The names of the Jurors having been called over in open Court, the Parties are at liberty to take any Legal Exceptions to them. The Jurors are then individually sworn to speak the truth. After this, no person shall be allowed to hold any private communication with them, unless it be the Judge. The Judge shall in the next place solemnly charge them to return a true verdict, briefly stating to them the object for their consideration. The Jurors shall then consult upon their verdict, and, in the mean time, shall be strictly guarded, least they be corrupted. Having considered of their verdict, if they all agree, one of them shall deliver it into the Judge in open Court. (Le Grand Custum. de Norm. c. 96.)] The Warrantor shall be afterwards summoned,[487] and the Plea proceed between him and the person who has, on this occasion, nominated him as Warrantor. [Footnote 487: The Norman Code, acting, in this instance, upon a more pure and refined principle of legislation, allowed no Warrantor to be vouched to justify a novel Disseisin—_Violentum enim est et nullo modo sustinendum, &c._ (Grand Cust. de Norm. c. 94.)]