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Then as to the right to the rent. Rent was treated in early law as a real right, of which a disseisin was possible, and for which a possessory action could be brought.
These are your only true weapons, Sir Ralph your writs of entry, assise, and right your pleas of novel disseisin, post-disseisin, and re-disseisin your remitters, your præcipes, your pones, and your recordari faciases. These are the sword, shield, and armour of proof of a wise man." "Zounds! you take away one's breath with this hail-storm of writs and pleas, master lawyer!" cried Nicholas.
This tendency Henry followed in granting the use of the primitive jury generally to his subjects in certain classes of cases, to defendants in the Great Assize to protect their freehold, to plaintiffs in the three assizes of Mort d'Ancestor, Novel Disseisin, and Darrein Presentment to protect their threatened seisin.
Perhaps there is something of that sort to be seen when a parent recovers for the seduction of a daughter over twenty-one, although there is no actual contract of service. /1/ So, throughout the whole course of the canon law and in the early law of England, rents were regarded as so far a part of the realty as to be capable of possession and disseisin, and they could be recovered like land by all assize. /2/
But if they will, of their own accord, say that it is disseisin, or not, their verdict shall be admitted at their own peril." 13 Edward I., st. 1, ch. 3, sec. 2. The question of "disseisin, or not," was a question of law, as well as fact. This statute, therefore, admits that the law, as well as the fact, was in the hands of the jury.
The provision is this: "It is ordained, that the justices assigned to take the assizes, shall not compel the jurors to say precisely whether it be disseisin, or not, so that they do show the truth of the deed, and seek aid of the justices.
Inquests of novel disseisin, of mort d'ancester, and of darrein presentment, shall not be held elsewhere than in their own county courts and that in manner following, We, or, if we should be out of the realm, our chief justiciar, will send two justiciars through every county four times a year, who shall, along with four knights of the county chosen by the county, hold the said assize in the county court, on the day and in the place of meeting of that court.
Only, as such covenants are rarely, if ever, made, except in leases, there is always privity to the original parties. For the lease could not, and the reversion would not be likely to, go by disseisin. The Dean of Windsor's Case decides that such a covenant binds an assignee of the term, although not named.
Comparative peace having been restored, and the judicial bench purged of feudal partisans, private persons ventured to complain of outrageous acts of "novel disseisin", or unlawful appropriation of men's lands. In the spring of 1224 the king's justices went throughout the country, hearing and deciding pleas of this sort. Sixteen acts of novel disseisin were proved against Falkes de Bréauté.
Murder and assault, robbery and burglary, fill the earliest court records, and on the civil side a large proportion of the cases, like those under the assizes of Mort d'Ancestor and Novel Disseisin, concerned attacks on property not very different in character.
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