When it happens that the Demandant and Tenant are both absent, then the
King or his Justices may at their pleasure, if so disposed, punish both
parties, the one for his contempt of Court, and the other for his false
claim.
Book II.
OF THE PROCEEDINGS USUALLY RESORTED TO ABOUT, OR
IMMEDIATELY AFTER THE COMMENCEMENT OF THE SUIT; AND OF THE
DERAIGNING OF THE TENEMENT BY THE DUEL, OR GRAND ASSISE;
AND OF THE CHAMPIONS; AND OF THOSE THINGS WHICH APPERTAIN
TO THE DUEL OR GRAND ASSISE.
CHAP. I.
When, at last, both the litigating Parties are present in Court, and
the Demandant has proceeded to claim the Tenement in question, the
Tenant may pray a View of the Land.
But, with respect to the time which should be allowed him for this
purpose, a distinction is to be made, whether the Tenant has more land
in the Vill, where the Land in question is situated, or not. In the
latter case, no delay shall be conceded him: but, if he has more Land
in the Vill, further time shall be allowed him, and another day given
him to appear in Court.[83] If he then depart from Court, he may again
avail himself of three reasonable Essoins, and the Sheriff of the
County, where the Lands in question are situated, shall be directed to
send free men of his County to view the Land, by the following Writ:
[Footnote 83: “After the verification of his Essoins,” says the Regiam
Majestatem, “he shall have fifteen days for vising and seeing of the
Ground or Land,” (Reg. Maj. L. 1. c. 9.)]
CHAP. II.
“The King, to the Sheriff, Health. I command you that, without delay,
you send free and lawful men of the neighbourhood[84] of such a Vill,
to view one Hyde of Land in such a Vill, which _M._ claims against _R._
and of which there is a suit between them in my Court; and have four of
them before me, or my Justices, such a day, to testify of their view,
and what day they put to him. Witness, &c.”
[Footnote 84: _Visineto_—“It should be _vicineto_. _Vicinetum_ is
derived of this word _vicinus_, and signifieth neighbourhood, or a
place near at hand, or a neighbour place. And the reason, wherefore,
the Jury must be of the neighbourhood is for that _vicinus facta vicini
presumitur scire_,” (Co. Litt. 158. b.)]
CHAP. III.
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