Page:The statutes of Wales (1908).djvu/151

A.D. 1284] immovable, as of tenements; or of movables, as of debts and chattels; some of both kinds; some of trespasses. But first something is to be said of tenements and immovable things, for which there is a Writ provided, the form whereof is contained among the other Writs of those parts; the process upon that Writ is such; first, there being found pledges to prosecute, the sheriff shall cause the tenant to be summoned by good summoners that he appear at a certain day, at which day, if he come not, he shall be summoned again for another day; and if he come not at the second day, he shall be summoned to appear at the third day; at which day, if he come not, nor cause himself to be essoined, seisin shall be awarded to the demandant by default and the deforciant shall abide in the King's mercy, reserving nevertheless unto the King the amerciaments for every default, as hath been said before.

Now when the deforciant shall appear by reason that the plaintiffs demand cannot be known from the words of the Writ, for that the causes of suing are many and almost infinite, it is necessary that the demandant should count against the deforciant, and express the cause of his demand; and this by words that contain the truth without exception to words; not following that hard rule. He who fails in a syllable fails in the whole cause.

Of the causes of suit, what they may be, and ought to be, it is fit that something should be briefly said. Oftentimes the demandant hath right by this; that his ancestor held the land in demand, and was thereof seised as of right and fee; and then the demandant must count of the descent of kin descending to himself. It happeneth also that a man demiseth land for term of life or years, after which term the land ought to revert to himself or his heirs; or likewise that it ought to revert to him after the death of a woman-tenant in dower; or as an escheat after the death of his tenant, being a bastard, because such an one cannot have other heir than one lawfully begotten of his own body; or after the death of his tenant, who hath committed felony: In any of the four cases aforesaid, or where, after the death of anyone the land ought to remain unto another by the form of the gift; in these cases and the like the demandant shall declare his demand according to his case, and in these cases and the like wherein the aforesaid Writ is to be used, that and none other shall be used.

And the demandant's count being heard the tenant shall have a view of the land, if he require it, and a day shall be given within