With regard to the proceedings in writs of assise of novel disseisin, see Plows!. 411, 412.
To these possessory actions costs and damages were annexed by the statute of Glocester, 6 Edw. I. c. 1. be fore which period the tenant in possession was allowed to retain the intermediate profits of the land. And in order to prevent frequent and vexatious disseisins, the statute of Merton, 20 Henry III. c. 3. enacts, that if a demandant recover seisin by assise of novel disseisin, and be again disseised of the same tenements by the same person, he shall have a writ of re-disseisin ; and upon his recovering therein, the re-disseisor shall be imprisoned; and, by the statute of Marlbridge, 25 Hen ry III. c. 8. shall also pay a fine to the king; to all which double damages to the injured party are super added by the stat. \Vestm. 2. 13 Edw. I. c. 26. By the same statute of Merton, also, when a party who has re covered by an assise of mort d'ancestor, or other jury, or judgment of the court, is afterwards disseised by the same person, he shall have a writ of post-disseisin ; which subjects the post-disseisor to the same penalties as a re-disseisor.
All writs, grounded upon the possession of the de mandant himself, must, by the statute of limitations, 32 Henry VIII. c. 2. be sued out within thirty years after the disseisin complained of; for if it be of an older date, it cannot properly be called a fresh, recent, or novel disseisin.
An assise of darrein presentment, (assisa ultimre pree sentationis) is a writ which lies where a man, or his ancestors, have presented a clerk to a benefice, who is instituted ; and afterwards, when the church becomes void, a stranger presents a clerk to the same church, thereby disturbing the right of the real patron._ This
also is a writ directed to the sheriff, to summon an as sise or jury, for the purpose of enquiring who was the patron who last presented to the church now vacant ; and when that point has been determined by the assise, a writ shall issue to the bishop, to institute the clerk of that patron, in whose favour the determination was made, and also to give damages, in pursuance of the statute Westin. 2. 13 Edw. I. c. 5.
Assises of darrein presentment are now totally disused ; since the statute 7 Ann. c. 18. gave a right to any per son to bring a quare impedit, and recover, if his title be good, notwithstanding the last presentation, by whom soever it may have been made ; a quare impedit being a more general action than an assise of darrein present ment.
An assise ofjuris utrum (assisa utrum) is a writ which Lies for a parson or prebendary, at common law, and for a vicar, by statute 14 Edw. III. c. 17. against a lay man, to enquire whether lands or tenements doubtful be lay-fee, or frankalmoign belonging to the church of the demandant. This is sometimes styled the parson's writ of right; and it is a writ of the highest nature that a parson can have. Since the restraining statute, 13 Eliz. c. 10. however, this remedy is of very little use, unless where the parson himself has been deforced for more than twenty years; because the successor may enter, or bring an ejectment, at any competent time after his accession to the benefice. See Blackst. Com ment. Jacob's Law Diet. (z)