To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
Magn̄ chart. cap. 12. Assises of mort∣dauncester and of nouell disseisin shall not bee taken but in their proper Countie by the Iustice of Assise, and if they cannot bee determined there, they shall be determined by the same Iustices in their iourney: vpon a difficultie of any points, they shall be re∣serued to the Iustices of the Common place and there determined.
Westm̄ 2. cap 18. 13. E. 1. Stat. de Mer∣cator 27. E. 3. cap. 9. Tenant by elegit by Satute marchant, and by statute staple, shal haue an assise or redisseisin.
Westm̄ 1. cap. 47. The gardein or chiefe Lord enfeoffing one of parcell of land in his hand, the heire may presently haue an assise of nouell disseisin against the gardein and tenant, and the gardein shall lose the ward, and all the remnant that he holds of the heires for life.
Westm. 2. cap. 25. A man shall haue an assise for estouers of wood, profit to be ta∣ken in wood of nuts, accornes, and other fruits of Corodies, deliuerie of corne, and o∣ther vittailes and necessaries of money to bee receiued yearely in a place certaine of Toll, trorage, passage, pontage, pawnage, and such like, to be taken in places certaine. Custodidies of woods, parks, forrests, Cha∣ses, warrens, gates, and other Bailywicks, and offices in fee. And in all these cases the writ shall be de libero tenemento. Likewise an assise is giuen for common of Turne land, fishing, and such like. Commons which a man hath appendant to a freehold or without a freehold by speciall deed, at the least for terme of his life.
Westm. 1. cap. 24. An Assise giuen a∣gainst
Eschetor, Sherife, or other Baylife of the King, that seiseth any lands by co∣lour of his office, without speciall warrant or commandement, or certaine authoritie that belongeth to his office so to doe, and double damages to be recouered.
Westm̄. 2. cap. 25. When Tenant for yeares, or in ward alieneth in fee, the reme∣die shall be by an assise, as well against the feoffor as the feoffee, during the life of ei∣ther of them. If by the death of either of them, remedie faile by that Writ, then the remedie shall be by a writ of Entrie.
7. Ric. 2. cap. 10. An assise of nouell dis∣seisin of rent out of Tenements in diuerse Counties, shall bee in the confine of the same Counties.
Westm 2. cap. 25. In an assise, if one na∣med a disseisor do personally alledge an ex∣ception whereby the taking of the assise may be deferred, as that another time an assise of the same land passed betweene the same parties, or that there is a Writ of higher nature hanging, &c. and hereupon voucheth Rols or records to warrantie, and at the day giuen him, he faile of that hee vouched, he shall be adiudged a disseisor without taking an assise, render double da∣mages, and haue a yeares imprisonment. If such exception be alledged by the Baylife in
the absence of his Master, the taking of the assise, and iudgement shall not there∣upon be delayed. But his master afterwards offering to proue before the same Iustices, such an exception shall haue a venire facias for the record, which if the Iustices see, might haue been auaileable to haue barred the plaintife, they shall award a Scire facias against him that recouered, wherein the defendant shall recouer againe his seisin and damages, with his double damages su∣steined since the first iudgement and impri∣sonment of that partie that recouered. In like manner if the defendant, against whom an assise passed in his absence, shew any deed, release, whereupon the Iurie were not, nor could not bee examined, because there was no mention of them in the plea∣ding, the Iustices vpon sight of those wri∣tings shall award a Scire facias against the partie that recouered, and cause the same Iurors to come before them. And the wri∣tings being proued true by their verdict, or by the enrolment of them, like punishment shal be as before.
Westm̄ 2. cap 30. The Iurors shall not be compelled to find a disseisin or no dissei∣sin, but may giue their verdict at large.
Merton. cap 3. A man disseised recoue∣ring his seisin by assise of nouell disseisin, or confession of the partie, and hauing the same deliuered him by the Sherife, if he be
againe disseised of the same Tenement, by the same disseisor shall haue a writ of re∣disseisin to command the Sherife, taking with him the keeper of the Pleas of the Crowne, and other lawfull Knights in pro∣per person to go to the land, &c. and by the first Iurors and other lawfull men to make enquirie. This must not be without special commandement of the king.
Westm̄. 2. cap. 26. A writ of redisseisin shall lye for them that haue recouered by default, redicion, or otherwise, without re∣cognition of the assises and Iuries.
Merton. cap. 3. The redisseisor shall be imprisoned.
Marleb. cap. 8. And not deliuered with∣out speciall commandement of the King, and besides shall pay a fine.
Westm. 2. cap. 26. He shall answer dou∣ble damages, and not be repleuiable by the common writ.
Westm̄ 2. cap. 8. In fine, writs of redissei∣sin must be enrolled in the Chancetie, and a transcripsit thereof shall bee sent into the Excheker in the end of the yeare. An assise * 1.1 of nusance is for him whose freehold is spoiled by any nusance, for if he haue but a lease for yeares in the land, hee shall not haue an assise of nusance, but an action vp∣on his Case.
F. N. B. 184. g.