CHAP. VII.
The Writ of Mort d’Auncestor[449] having been received by the Sheriff, and security given by the Demandant in the County Court to prosecute his claim, the Proceeding in this manner comes to an Assise. In the first place, twelve free and lawful Men of the Neighbourhood are to be elected, according to the form expressed in the Writ, both parties being present, as well the Demandant, as the Tenant, or the latter being absent, provided he has been summoned once, at least, to be present at the Election. He is, indeed, to be once summoned in order that he may be present, and hear who are elected to make such Recognition. Some of them he may for a reasonable cause object to, if he is so inclined, and they shall be excluded from the Recognition. If he should not appear at the first Summons, regularly proved in Court, he shall not be awaited any longer; but, though he be absent, the twelve Jurors shall be elected, and then sent by the Sheriff to take a View of the Land or other Tenement in question. Yet the Tenant shall have one Summons on this account. The Sheriff shall cause the names of the twelve persons elected to be imbreviated. Having done this, the Sheriff shall cause the Tenant to be summoned to appear on the day appointed by the King’s Writ, or that of his Justices, before the King, or his Justices, to hear the Recognition.
But, if the Demandant be of full age, the Tenant may essoin himself on the first and second day,[450] but on the third day he cannot do so, since the Recognition shall be then taken, whether the Tenant appear or not; because in no Recognition, where Seisin alone be in question, are more than two Essoins allowed.
But, in a Recognition of Novel Disseisin, no Essoin is permitted. On the third day, therefore, whether the Tenant appear or not, the Assise must be taken, as we have observed; and, if the Jurors should decide for the Demandant, Seisin shall be adjudged him, and the Sheriff shall be directed to put him into Seisin, by the following Writ——
CHAP. VIII.
“The King to the Sheriff, Health. Know, that N. has, in my Court, recovered Seisin of so much Land, in such a Vill, by a Recognition of Mort d’Auncestor against R. and, therefore, I command you, that you cause him to have the Seisin without delay—Witness &c.”
CHAP. IX.
But, together with the Seisin, the successful party shall recover the possession of all the chattels and other things found in the Fee, at the time of delivering Seisin. But, after the Seisin has been fully recovered, the party who has lost it may sue concerning the Right, by means of a Writ of Right. Yet it may be questioned, to what time this is to be restricted, after restitution has been fully made.