CHAP. XII.
“The King to the Sheriff, Health. I command you, that you compel N., that without delay, he appear in the Court of I. his Lord, and there abide by the right concerning his free Tenement, that he hath encroached against him, as he says, least, &c. Witness, &c.”
CHAP. XIII.
If the party be convicted of this offence in the Lord’s Court, he shall irrecoverably lose the Tenement he holds of such Lord.
But, if he hold no other Tenement of the same Lord, then, the latter shall implead him in the Court of the Chief Lord by a Writ of Right. In like manner, if any one commit an encroachment in this way upon a person, not being his Lord, and the case fall not within the Assise,[369] the matter shall be decided by Writ of Right. But, if the fact happen within the Assise, then, recourse must be had to a Recognition of Novel Disseisin to recover possession, of which proceeding we shall presently speak. In Purprestures of this description, the Boundaries of Land are sometimes destroyed and encroached upon. In such case, upon a complaint being made in Court by any of the Neighbours, let the Sheriff be commanded, that a View of the Boundaries in question be taken in his presence by Lawful Men of the Vicinage, and, upon their oaths, that he cause the boundaries to be as they ought to be, and were accustomed to be in the time of King Henry the First: for this purpose, the following Writ shall issue——
CHAP. XIV.
“The King to the Sheriff, Health.[370] I command you, that justly and without delay, you make reasonable divisions[371] between the Land of R. in such a Vill, and the Land of Adam of Byre, as they ought to be, and were accustomed to be, and as they were in the time of King Henry, my Grandfather, of which R. complains that Adam, unjustly and without judgment, has encroached more than belongs to his free Tenement of Byre, least I again hear complaint for want of Justice. Witness, &c.”