After the three reasonable Essoins which accompany the view of the
Land,[85] both parties being again present in Court, the Demandant
should set forth his demand[86] and claim in this manner: “I demand
against this _H._ half a Knight’s Fee or two ploughlands, in such a
Vill, as my Right and Inheritance, of which my Father, or my Grand
Father, was seised in his Demesne as of Fee in the time of King Henry
the First, or after the first Coronation of our Lord the King, and from
whence he took the profits to the Value of five shillings at least, as
in Corn,[87] Hay, and other produce; and this I am ready to prove by
my Freeman _I._ and, if any accident happen to him, by such a one, or
by a third” (and the Demandant may thus name, as many as he chuses,
but one of them only shall wage the Duel,[88]) “who saw this or heard
it:”[89] or the Demandant may use other words thus—“and this I am ready
to prove by my Freeman _I._ to whom his Father, when on his death-bed,
injoined by the Faith which a Son owes to his Father, that if he ever
heard a claim concerning that Land, he should prove this as that which
his Father saw and heard.”[90]
[Footnote 85: “After three lawful Essoins,” says the Reg. Majestatem,
“when the parties are passed from the Court to the sight of the Land,
the Pursuer shall beware that he give distinctly the sight of the same,
conformably to the metes contained in the King’s writ. For if he gives
the sight thereof otherwise than is contained in the King’s writ of
Right, the writ may be cancelled as null, and of no avail in the Law.”
(Reg. Maj. L. 1. c. 9.)]
[Footnote 86: It will not suffice, says Bracton, simply to say, “I
demand such Land, as my right,” unless the Demandant make out his
right, and shew how, and by what means, it has descended to him.
Neither will it suffice to allege, that the Ancestor was seised in his
Demesne as of his free Tenement only, or in his Demesne as of Fee only,
including, as it does, the freehold and whole possessory right, unless
it be added, that he was so seised by right, which comprises the right
of Propriety. Nor, again, will these two rights of possession and of
propriety, or the _droit droit_, suffice, unless the Ancestor held the
Land in question in his Demesne; for if he held it in service, it will
not answer the purpose. Neither will it suffice, that the Ancestor
was seised as of Fee, and in right, and in his Demesne, unless it be
subjoined that he took the Esplees; because a momentary seisin is not
sufficient, without a taking of the Esplees, to found a Suit touching
the right of Propriety. Though all these requisites concur, it was
still necessary to add the time of the king. (Bracton 372. b. 373. a.)]
[Footnote 87: _Bladis_ signifieth, says Lord Coke, corn or grain whilst
it groweth. (2 Inst. 81.)]
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