Page 290
Statutes.
Westm̄ 2 cap. 24. Giueth an assise of nusance against him to whom the Tene∣ment is alienated after the nusance is made
6. Ric. 2. cap. 3. The plaintife, if he will, may haue a writ of nusance in the nature of an assise, determinable before the Iustices, of one bench or other, or before the Iusti∣ces of assise.
An assise of his ancestors possession on∣ly called an assise of mortdancestor, is for * 1.1 the next heire vpon an abatement after the death at his father, mother, brother, sister, vncle, aunt, nephew, or neice: for of other auncestors, a writ of Ayell, Besayell, or Co∣sinage, and not a mortdancestor lyeth, who was seised in demesne as of a see (a) 1.2 sim∣ple the day (b) 1.3 of his death, though hee were disseised the very same day, and so dy∣ed not seised at all. But vpon lands giuen to one and his second wife (he hauing a sonne by a former) and the heires of their two bo∣dies, their sonne cannot haue a mortdan∣cestor, (after the death of his father ouerli∣uing the second wife) for hee is not next heire, but his elder brother: and therefore, by the Common Law, hee was driuen to a Formedon endescender, which was nothing else but a Writ formed vpon his case. So if the auncestor were seised in taile, the re∣mainder * 1.4 to his right heires, a mortdaunce∣stor lyeth not, for there, of the demesne he is