This is answered in the affirmative by the Regiam Majestatem. L. 2. c. 35.
[472] As to the term novel, when the Action was brought before the Eyre, or Circuit, the Action or Disseisin was ancient, whilst, if the Disseisin were done since the last Eyre, then it was a novel Disseisin. Bracton treats largely upon the subject of novel Disseisin 160, et seq. See also 2 Inst. 24. The remedy of novel Disseisin is also treated of in the Assises of Jerusalem, with some peculiar provisions adapted to the singular circumstances in which the Holy Land was situated, (c. 63. et seq.) The respectable Translator of the Code Napoleon observes, that he has not met with the term novel disseisin before Magna Carta.—Amidst the attention of preparing his work for the press, he must have forgotten not only Glanville, but the Mirror.—Whatever doubt maybe entertained respecting the authority of the Mirror, yet Glanville indubitably proves, that the term was well known to our lawyers antecedent to the Great Charter. (See Mirror, c. 2. s. 25.)
[473] Meaning the Parliament, according to Judge Blackstone. (1. 147. 148.)
[474] The words inserted in this parenthesis have been thought to be an interpolation of a later date. (1. Reeves’ Hist. Eng. Law. 189.) Yet this suggestion may very reasonably be questioned—as the passage seems merely assertive of what must necessarily be the fact. It was a consequence of fixing the time of limitation to the coronation of the king, his Journey into Normandy, or any other event, that the time itself must be altering daily. (Vide 2 Inst. 94.)
[475] Vide F.N.B. 394.
[476] Sc. 1184. If the present Treatise was written in 1187, the remedy of novel disseisin stood limited to three years, which, of course, was every day lengthening until a new Æra was fixed.
[477] Affirmed by Statute of Merton, c. 37. (2 Inst. 235.)
[478] Vide Note 3. p. 225.
[479] Fossatum. This word occurs in Pliny. It seems to have been chiefly used by the old Lawyers in two senses—1. as denoting a camp, or intrenchment—2. as meaning a ditch, dyke, or moat. But it was not always confined to these significations—as the reader will perceive on turning to the Ancient Glossaries, particularly to that very valuable one given to the world by Spelman.
[480] Stagnum, Sir Edward Coke informs us, “doth consist of Water and Land, and, therefore, by the name of Stagnum, or a pool, the water and land shall pass also.” (Co. Litt. 5. a.)