Page:The statutes of Wales (1908).djvu/150

18 heirs; or to shew that the warrantor were seised of his homage for the tenement demanded, which is to be inquired of if it should be denied by those before whom he shall say he did the homage, together with other free and lawful men sworn; or that he holdeth that tenement in exchange for another tenement: If hereupon the deforciant can bring his warrantor to warrant he shall abide in the King's mercy because he hath denied the warranty, yet nevertheless it shall be considered that he may warrant and make answer to the assize if he choose. The deforciant may allege many other things against the assize, to wit; That the ancestor, of whose death &c. committed felony for which he was hanged, outlawed, or as a public thief, escaping and not obedient to the law, beheaded; or that he abjured Wales upon confession of the felony before the Coroner: The deforciant may also object bastardy to the demandant; and thereupon the Bishop of the place shall be directed to make inquiry of the truth of the fact; and thereof to certify the Chief Justice of Wales; and according to what the Bishop shall have certified they shall proceed to judgment without taking the assize. And if the Bishop return that he is a bastard he shall be estopped from making the demand and if he return that he is legitimate the Justice shall cause the deforciant to come by summons, and, if it be necessary, by resummons, reserving to the King as hath been often said the amerciaments for default; after the resummons, whether he come or not, the demandant shall recover his demand by the Bishop's testimony, whose testimony shall not be gainsaid, and he shall remain in the King's mercy. Many other things he may allege which it is hard to enumerate; as that the ancestor, on whose death the assize is arraigned, was a Villain, and held the land in villainage; or that he held it at will, or for term of life or years, in which cases the assize of Mortdancester lieth not, and the above said assize of Novel Disseisin and Mortdancester ought not to be taken but in their proper counties, lest the country should be overcharged with trouble and expense; but the assizes shall be taken by the Justice twice thrice or four times in the year.

It hath been treated in part of Writs and Assizes, and of the proceeding therein: It behoveth now to speak of Pleas that are to be determined by inquests or by juries: Whereof some are of things