Note 491 — Book XIII.

In quitting this Book, which treats so largely of Assises, I shall make no apology to the Reader for extracting the following observations from Mr. Reeves’s highly valuable work. “It must be observed of these Assises (for so they are sometimes called by Glanville, but more commonly Recognitions) that they are not all of the same kind; that de morte antecessoris being evidently an original proceeding, independent of any other; the rest (not excepting that de ultimâ presentatione, and that utrum laicum feodum vel ecclesiasticum) being merely for the decision of facts which arose in some original action or proceeding. Thus the writs for summoning Recognitions of the latter kind were simple writs of Summons: they mentioned that a Plea was depending in Court by the king’s writ; and they were granted at the prayer of either party: so that they seemed to be resorted to, by the assent of parties for settling an incidental question, on which they put the dispute between them. On the other hand, the writ de morte antecessoris has all the appearance of an original commencement of a suit. It issued only upon condition the Demandant gave security to prosecute it, Si G. filius T. fecerit te securum de clamore suo prosequendo, tunc summone, and made no mention of a plea depending. Of the same kind was the writ de novâ desseisinâ.” (Reeves’s Hist. Eng. Law, 188.)