第32章 VI. (4)

Again, By the Law of England, the younger Brother shall not exclude the Son of the elder, who died in the Life-time of the Father: And this was the ancient Law of Normandy, but received some Interruption in Favour of King John's Claim, Vide Contumier. cap. 25. & hic ante; and indeed, generally the Rule of Descents in Normandy was the same in most Cases with that of Descents with us at this Day; as for Instance, That the Descent of the Line of the Father shall not resort to that of the Mother, Et e converso;and that the Course was otherwise in Cases of Purchases. But in most Things the Law of Normandy was consonant to the Law with us, as it was in the Time of King Richard I and King John; except in Cases of Descents to Bastard eigne, excluding Mulier Puisne, as aforesaid.

Again, at this Day there are many Writs now in Use which were anciently also in Use here, as well as in Normandy: As Writs of Rights, Writs of Dower, Writs De novel Desseisin, de Mortdancestor, Juris utrum, Darrein presentment, &c. And some that are now out of Use, though anciently in Use here in England;as Writs De Feodo vel Vado, De Feodo vel Warda, &c. All which are taken notice of by Glanville, Lib. 13. cap. 28, 29. And the very same Forms of Writs in Effect were in Use in Normandy, as appears by the Contumier Per Totum, and the Writ De Feodo vel Vado, (ibid. cap. 11.) according to Glanville, Lib. 13. cap. 27. runs thus, viz.

Rex Vicecomiti salutem: Summone per bonos summonitores duodenim liberos & legales homines de vicineto quod sint coram me vel Justiciis meis eo die parati Sacramento Recognoscere utrum N. teneat unam Carucatem Terrae in illa villa quae R. clamat versus eum per Breve meum in Feodo an in vadio, invadiatem ei ab ipso R. vel ab H. antecessore ejus, (vel aliter si sit Feodam vel haereditas ipsius N. an in vadio invadiata ei ab ipso R. vel ab H. &c. Et interim terram illam videant, &c. (Vide ibid.)And according to the Grand Contumier, that Writ runs thus, viz.

Si Rex fecerit te securum de clamore suo prosequend' summoneas Recognitores de Viceneto quod sint ad primas Assisas Ballivae, ad cognoscendum utrum Carucata Terrae in B. quod. G. deforceat R. sit Feodum tenentis vel vadium novum dictum per manus G. post Coronationem Regis Richardi & pro quanta, & utrum sit propinquior Haeres ad redimendum vadium, & videatur interum Terrae, &c.

So that there seems little Variance, either in the Nature or in the Form of those Writs used here in the Time of Henry 2. And those used in Normandy when the Contumier was made.

Again, The Use was in England, to limit certain notable Times, within the Compass of which those Titles which Men design'd to be relieved upon, must accrue: Thus it was done in the Time of Henry 3 by the Statute of Merton, cap. 8. at which Time the Limitation in a Writ of Right was from the Time of King Henry I and by that Statute it is reduced to the Time of King Henry 2 and for Assizes of Mortdancestor they were thereby reduced from the last Return of King John out of Ireland, which was 12 Johannis, and for Assizes of Novel Disseisin, a Prima Transfretatione Regis in Normanniam, which was 5 Hen. 3 and which before that had been Post ultimum redditum Henricus 3 de Britannia, as appears by Bracton. And this Time of Limitation was also afterwards, by the Statutes of Westm. I. cap. 39. and West.

2. cap. 2. 46. reduced unto a narrow Scantlet, the Writ of Right being limited to the First Coronation of King Richard I.

But before the Limitation set by that Statute of Merton, there were several Limitations set for severals Writs; for we find among the Pleas of King John's Time, the Limitation of Writs, De Tempore quo Rex Henricus avus noster fuit vivus &Mortuus; and in a Writ of Aile, Die quo Rex Henricus obiit in the Time of Henry 2. as appears by Glanville, Lib. 13. cap. 3. there were then divers Limitations in Use, as in Moridancestors, Post Prima Coronationem nostram, viz. Henrici secundi, Glanvil. Lib.

I. cap. I and touching Assizes of Novel Disseisin, Vide ibid. cap. 32. where he tells us, Cium quis intra Assisam, &c. And the Time of Limitation in an Assize, was then post ultimdm meam Transfretationem, (viz. Henrici Primi) in Normanniam, Lib. 13. cap. 33. But in a Writ of Right, as also in a Writ of Customs and Services, it was de Tempore Regis Henrici avi mei, viz. Hen. I. vid. ib. Lib. 12. cap. 10, 16. and it seems very apparent, that the Limitations anciently in Normandy, for all Actions Ancestral was Post Primam Coronaiionem Regis Henrici fecundi, as appears expresly in the Contumier, cap. 111. De Feofe & Gage.

So that anciently the Time of Limitation in Normandy was the same as in England, and indeed borrowed from England, viz. In all Actions Ancestrel from the Coronation of Henry 2. And thus in those Actions wherein the Limitation was anciently from the Coronation of King Richard I was substituted as in the Writ De Feofe & Gage, in the Contumier, cap. 111. De Feofe & Forme, cap.

112. In the Writ De Ley Apparisan, ib. cap. 24. & cap. 22. "Ascun Gage ne peut estre requise en Normandy, si il ne suit engage post le Coronement de Roy Richard ou deins quarante annus": So that the old Limitation, as well for the Redemption of Mortgages, as for bringing those Writs above-mentioned, was post Coronationem Regis Henrici Secundi; but altered, as it seems, by King Philip, the Son of Lewis King of France, after King John's Ejectment out of Normandy, and since the Time from the Coronation of King Richard I is estimated to bear Proportion to 40 years. It is probable this Change of the Limitation by King Philip of France, was about the Beginning of the Reign of King Henry 3 or about 30or 40 years after the Coronation of Richard I from whose Coronation about 30 years were elapsed, 5 aut. 6 Henrici 3 for anciently the Limitation in this Case was 30 years.