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.