But any person may put himself upon the Assise concerning a Service,
or Land, and besides, concerning demands of service, and concerning
the Right of Advowson to any Church. Nor is the party confined to this
remedy, as against a stranger merely, but he may avail himself of it
against his Lord for the purpose of ascertaining, whether the Lord has
greater Right to retain the object in question in his Demesne, or the
Tenant to hold it of him. It is easy to form a Writ, adapted to the
variety of circumstances.
CHAP. XIV.
The Election of the twelve Knights having been made, they should be
summoned to appear in Court, prepared upon their oaths to declare,
which of them, namely, whether the Tenant, or the Demandant, possess
the greater right to the property in question. Let the Summons be made
by the following Writ——
CHAP. XV.
“The King to the Sheriff, Health. Summon, by good Summoners, those
twelve Knights _R._ and _N._ (naming each) that they be, on such a day,
before me or my Justices at such a place, prepared on their oaths to
return, whether _R._ or _N._ have greater right, in one Hyde of Land,
or in the subject matter of dispute, which the aforesaid _R._ claims
against the aforesaid _N._ and of which the aforesaid _N._ the Tenant,
has put himself upon our Assise, and has prayed a Recognition, which of
them have the greater right to the thing in question; and, in the mean
time, let them view the Land or Tenement itself, of which the service
is demanded; and Summon, by good Summoners, _N._ the Tenant, that he be
then there to hear that Recognition, &c.”
CHAP. XVI.
On the day fixed for the attendance of the twelve Knights to take
the Recognition, whether the Tenant appear, or absent himself, the
Recognition shall proceed without delay; nor shall any Essoin avail
the Tenant, because as his presence is not requisite, the Recognition
may proceed without him;[113] since, if he were present, he would, by
having, when in Court, put himself upon the Grand Assise, be precluded
from alleging any reason, why it should be deferred. It is different
with respect to the absence of the Demandant. If he should essoin
himself, the Assise shall, for that day, be deferred, and another
day shall be given in Court; because though a Party may lose by his
default, no one when absent shall gain anything.
[Footnote 113: “The absence of either of the Parties shall not stay the
Assise to proceed, seeing they did consent that the matter should pass
to the knowledge of an Assise.” (Regiam Majestatem, L. 1. c. 12.)]
CHAP. XVII.
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