Page:The statutes of Wales (1908).djvu/147

A.D. 1284] The Form of Writ for Choosing the Coroner.

The King to the Sheriff, Greeting. We command you that in your full County Court, and by the assent of the same County you cause a Coroner to be chosen; who, having taken oath as the custom is, shall thereafter do and observe those things that belong to the office of Coroner in the aforesaid County; and that you cause to be chosen one who hath best knowledge and ability to execute that office; and that you make known unto us his name. Dated &c.

And if he should be sick, or should die, or for any other cause be unable to execute his office, then let another Writ be made, changing what ought to be changed.

VII.

Some are to be determined by the Assize; some by Juries:

By the Assize are to be determined,−

When one who is seised of a freehold being afterwards disseised by force demandeth seisin to be restored to him in this case there is provided the Writ of Novel Disseisin in the form above written among the other original Writs of the Chancery: In like manner for common of pasture when one being disseised of his common of pasture appurtenant unto his freehold demandeth seisin to be restored to him; for this case also there is provided the same Writ of Novel Disseisin by the changing of certain words in the Form above written among the other original Writs of the Chancery; wherein the proceeding is to be thus: First the Sheriff, having taken from the plaintiff two pledges to prosecute shall cause to be chosen twelve free and lawful men &c. of the neighbourhood where the tenement or pasture lieth, and shall cause them to view the tenement and in like manner the pasture, and shall attach the Disseisors, as it is contained in the Writ: Afterwards, when the parties and the Assize shall come before the Justice the plaintiff shall be asked of what freehold or of what common or pasture he complaineth that he is disseised, and according to his complaint and the answer of the adverse party they shall proceed to the taking of the Assize, unless the Disseisor can say anything wherefore the Assize ought to tarry, and if the Assize do pass for the plaintiff he shall recover his seisin, together with the damages taxed by the Assize against the Disseisor; and the Disseisor shall abide in