Page:The statutes of Wales (1908).djvu/149

A.D. 1284] beware; for if, being within the four seas he falsely essoin himself of being beyond sea, and be there convicted by good proof or by good inquest he shall be punished as for the default at the first by amerciament according to what is contained in the Welsh law; and also he shall be estopped from saying anything against the Assize unless he can vouch to warranty. And be it known that neither in the Writ of Mortdancester nor in any Writ of a plea of land doth any essoin lie, except only the essoin of being beyond sea, and this before the tenant or deforciant appeareth in Court; and the essoin of being in the King's service, which lieth in every stage of the plea when the King shall be pleased to warrant the same: But let him beware that he doth not falsely cause himself to be essoined of the King's service; for if he should fail of the King's Warrant he shall be punished for his default by amerciament to be made to our Lord the King according to the Welsh law, and by paying to the adverse party his expenses of that day, according to the Justice's discretion.

In these Writs of Mortdancester the proceedings shall be after this manner: First, the Writ being read, wherein is contained the claim of the demandant the deforciant shall be asked if he can say ought wherefore the Assize ought to tarry, which, if he cannot, the Justice shall take the assize by the jurors who may best know the truth, according to the form of the Writ. And if the assize pass for the demandant, seisin shall be adjudged to the demandant with damages taxed by the jurors, and the eforciant shall abide in the King's mercy. But the deforciant may allege many things against the assize; for he may vouch to warranty, and then the arrival of the warrantor is to be waited for; whom the Justice shall cause to come by one summons at the first, and if it be necessary by resummonses as hath been said in the case of the principal deforciant; and he shall be punished for a default, as is aforesaid. If after resummons he come not, nor shall essoin himself the assize shall proceed against him by default. And if the assize pass for the demandant seisin of the thing in question shall be adjudged to the demandant. And the deforciant shall have to the value of the land of the warrantor. But if the warrantor come, and require to have that shewn him whereby he ought to warrant, it behoveth the voucher to shew the Deed that maketh mention of the warranty, or of a gift made by the warrantor or his ancestor, whose heir he is, wherein it is declared that he ought to hold of the feoffor and his