Page:The statutes of Wales (1908).djvu/148

16 mercy of our Lord the King, or shall be committed to prison to be ransomed if the Disseisin were done outrageously and with an armed force.

There are certain other Writs which are to be determined by the Assize, to wit: of a pond made, pulled down or raised higher; of a fence raised or pulled down; of a hedge raised or pulled down; of a way obstructed or narrowed; of a watercourse turned aside; and according to the diversity of the cases the original Writ shall be changed: which Writs are contained above with the writs of Novel Disseisin; and the proceeding therein is after the same manner as is above said in the Writ of Freehold and of common of pasture. In the above-said Writs of Assize of Novel Disseisin no essoin or delay lieth; but the proceeding to do justice beginneth on the first day.

There is another Writ of Assize: When any one demandeth seisin of a tenement whereof his ancestor died seised, that is to say, the father, brother, uncle and grandfather; for which case there is provided the Writ of Mortdancester in the form contained in the aforesaid Roll among the other Writs. And it sometimes happeneth that seisin of an ancestor is demanded where the ancestor hath not died seised, but was seised on the day when he entered into religion, or began a pilgrimage in which journey he died; and then in place of the clause "on the day whereon he died" shall be put "on the day whereon he entered into religion," or "began his pilgrimage," &c., in which pilgrimage, &c., and if, &c.

In this Writ of Mortdancester the proceedings shall be after this manner: First pledges to prosecute being found, and the assize elected, and view made by the jurors the tenant shall be summoned by good and lawful summoners, that he be before the Justice at a certain day; and the summons shall contain warning of fifteen days at the least, at which day, if he come the Justice shall proceed in the execution of his office, and if he come not at that day, he shall be punished for his default according to the provision of the Welsh law, that is to say, by three cows or the value thereof; and he shall be summoned again by two other summoners by a summons containing the like warning of fifteen days as before is said; at which day, whether he come or not, the Justice shall proceed to do his office, unless he shall cause himself to be essoined for being beyond sea, and then there shall be given him the space of forty days, so that he have ebb and flood; and let him that shall so essoin himself