Jurisdictions, Part 69
Aſſiſe.
IN ſo much that an Aſſiſe is brough of a Copy-holder, ſome thing is to be noted to you touching Aſſiſes.
And firſt I intend, That if a Copi-holder of Inheritance dyeth ſeiſed of a Copi-hold, and his heire enter (as he may) though there be no Court kept, and he not admitted, and be outed by a ſtranger of that diſſ…iſic, he ſhall have a Plaint in nature of an Aſſiſe. Seek, for it is 13 Eliz. by the Juſtices, If Tenant by Copy of Court Roll, dye ſeiſed, and his heire enter and take the profits, he is no treſpaſſer, though the Lord hath not admitted him Tenant; and though no Court were held there in ſeven yeares; and further there ſaid, that it was adjudged in the Chancery, That if Tenant by Copy of Court Roll hath iſſue two Daughters by diverſe Women, and they enter and take the profits, and one dyes before any Court held, now her Cozen collaterall ought to Inherite as heire to her, and not the other Siſter as heire to the Father, which proves that this was a ſeiſin according to their Cuſtome: The ſame Law is if a Copl-holder be admitted, and after is thruſt out by another, or if another be admitted to it, and by this, he that was firſt admitted is thruſt out by him which was ſecondly admitted, the firſt Admittee ſhall have a Plaint in nature of an Aſſiſe of that diſſeiſin.
Plowden, Com. fol. 528. Parſon before Induction, cannot grant an anuity, for he hath no poſſeſſion; ſo it ſeems if a Copi-holder dye ſeiſed, his iſſue ſhall not have an Aſſiſe before admittance, Fitz. 177. a. Where Tenant for life; in Fee ſimple, or Fee taile, is diſſeiſed of his Lands and Tenements, or outed of that againſt his will, this is diſſeiſin, and he ſhal have an Aſſiſe of novel diſſeiſin, Nat. brevium, fol. 107.
Fitz. 195. c. Where my Father or my Mother, my Brother or my Siſter, or my Unkle or my Aunt, or Nephew or Neece, dye ſeiſed of any Lands or Tenements or of Rents, of an Eſtate of Fee ſimple; now if a ſtranger take poſſeſſion of this Land or Rent after their death, I which am their heire ſhall have an Aſſiſe of Mortdanceſter, Nat. brevium, fol. 118.
So for a Copi-hold in Fee, If my Father, Mother, Brother, or Siſter, Unkle, Aunt, Nephew, or Neece, dye ſeiſed of that, and a ſtranger enters, I ſhall have a plaint and make proteſtation to Sue in nature of a Mortdanceſter, and upon diſſeiſin as above, in nature of an Aſſiſe of novel Diſſeiſin; and it ſeemeth I have not ſeiſin to maintaine an action of my owne ſeiſin in the Lords Court, unleſſe I be Tenant to the Lord, and that is where I am admitted, for by the admittance of the Lord, it ſhall be ſaid (The Lord hath granted ſeiſin, and he is admitted Tenant:) And by this he is Tenant to have an Aſſiſe, and not before, yet before he may take the profits, though there be no Court to he admitted, for it was no folly in him, but may have his action at the Common Law, upon the poſſeſſion of his Anceſtour, which was admitted, though I were not admitted: And ſo where my Father dyeth ſeiſed of a Copi-hold in Fee, and I am admitted, and after another makes claime to it, and is alſo afterwards admitted and enters, he cannot have a Plaint in nature of an Aſſiſe of novell diſſeiſin againſt me, for 26 H. 8. fol. 3. If one he admitted, inſtituted, and inducted, to a Benefice, and after another be preſented, and outs him, he ſhall have an Aſſiſe or a Treſpaſſe, but he preſented cannot.
And ſo if there be Grandfather, Father, and Son, and the Grandfather was admitted, and dyes, and the Father enters, and dyes before admittance; the Son in this caſe ſhall have a Plaint in the nature of a Writ of Ayell, and not an Aſſiſe of Mortdanceſter. And by the Statute of 32 H. 8. chap. 2. it is Enacted, that no perſon ſhall ſue, have, or maintaine any action for any Lands or Tenements upon his owne poſſeſſion, above thirty yeares next before that began. If the Lord of a Mannour grant by Copy, the Tenements of a Copi-holder, without lawfull cauſe in Fee, or for life, and the Grantee enter, hee which hath right, may have an Aſſiſe againſt the Grantee if he were firſt admitted: As the King by his Letters Patents, grants to another my Land, and the Patentee enter by force of this Grant, I ſhall have an Aſſiſe: If a Copi-hold diſcend, the heire ſhall have a treſpaſſe at the Common Law before admittance, as above.