If, however, the Disseisin concern Common of Pasture, then, the Writ shall be as follows——
CHAP. XXXVII.
“The King to the Sheriff, Health.[484] N. complains to me, that R., unjustly and without a Judgment, has disseised him of his Common of Pasture, in such a Vill, which belongs to his Freehold, in such Vill, or in that other Vill, since my last Voyage into Normandy. And, therefore, I command you, that if the aforesaid N., has made you secure of prosecuting his claim, then, you cause twelve free, &c. to view that Pasture and Tenement, and their names, &c.”
CHAP. XXXVIII.
In this species of Recognition no Essoin is permitted.[485]
For, on the first day, and that whether the party committing the Disseisin should appear or not, the Recognition shall proceed,[486] because it spares no person, neither one of full age, nor a Minor, nor will await even a Warrantor. But, if a party should acknowledge such Disseisin in Court, naming, at the same time, a Warrantor, the Recognition shall thereby cease, and the person who has so acknowledged shall be amerced to the King.
The Warrantor shall be afterwards summoned,[487] and the Plea proceed between him and the person who has, on this occasion, nominated him as Warrantor.
Yet, should it be observed, that the unsuccessful party, whether the Appellor or the appealed,[488] shall in every instance be amerced to the King, on account of the violent Disseisin. In addition, if the Appellor should not keep his day, then, also, his Pledges are to be amerced to the King. The same Rule prevails, with respect to the person of the other party, should he absent himself at the appointed day. The Penalty inflicted by this Constitution is merely an Amercement to the King.