ASS 
quod quilibet hujufmodi perfona, who fhould be named by the 
admiral, fliould be regiller of the admiralty for life. Dy¬ 
er, 153. It lieth of offices of woodward, park-keeper, 
and keeper of chafes, warrener, &c. but thefe aie not at 
common law ; but, by the flat, of Weft. ii. c. 25, becaufe 
they are of profits to be taken in alieno/olo : it likewife li¬ 
eth of all other offices and bailiwicks in fee. 8 Rep. 47. 
In an affile of a new office, it ought to be (hewed what 
profits belong to it; but it is otherwife of an ancient office, 
becaufe it is prefumed, that the profit thereof is fufficient- 
ly known. 8 Rep. 45, 49. Tenants in common (hall each 
have a feveral affife for his moiety, or part, becaufe they 
are feifed by feveral titles; but twenty jointenants (hall 
have but one affife in all their names, becaufe they have 
but one joint title ; lo, if there are three jointenants, and 
one of them releafeth all his right to one of his compa¬ 
nions, and then the other two are diffeifed of the whole, 
they (hall have but one affife in both their names, for the 
two parts, becaufe they had a joint title to it at the time 
of the diffieifin, and he to whom the releafe was given (hall 
have an affife in his own name, becaufe of that part he is 
tenant in common. Co. Lit. 196. If leflee for years, or 
tenant at will, be oufted, the leffor, or he in remainder, 
may have affife, becaufe the freehold was in him at the 
time of the dilleilin. Kel. 109. Affile lies for tithes, by 
flat. 32 Hen. VIII. c. 7. Cro.Eliz, 559. But not for an 
•annuity, penlion, Sec. In fome cafes an affife will lie, 
where ejectment will not. Ejectment will not lie de pif- 
carid, by reafon the fheriff cannot deliver poffeffion of it; 
but an affife.will he for it, as it may he viewed by the re¬ 
cognitors. C'o. Car. 534. Aflize will fometimes lie where 
trefpafs vi & armis doth not. 8 Rep. 47, 1 A klf. Abr. 276. 
By Magna Charta, 9 Hen. III. c. 12, affiles of novel 
difleifin, &c. fliall be taken in the proper counties, by the 
king’s juftices : and, for eftovers of w ood, profit taken in 
woods, corn to be received yearly in a certain place; and 
for toll, tonnage, &c. and of offices in fee, an affile fhall 
be; alfo for common of turbary, and of fifliing, append¬ 
ant to freehold, Sec. In an affile, the plaintiff muft prove 
his title, then his feilin and difleifin : but feifin of part of 
a rent is fufficient to have affife of the whole ; and if a man 
who hath title to enter fet his foot upon tlie land and is 
oufted, that is a fufficient feilin. As the writ of affile re- 
ftores the party to the aftual feilin of his freehold, for fo 
are the words of the writ, viz .facias tenementum itludfeifiri, 
&c. confequently the party that brings the writ muft found 
it upon an adfual feilin, which he has been diverted of, 
for otherwife this remedy is not commen fit rate to his cafe. 
2 Rol. Abr. 463. Therefore if there be lord and tenant by 
rent-fervice, and the lord grants the fervices to another, 
and the tenant attorns by a penny, this, being given by way 
of attornment, is not fufficient feifin to ground an affile on ; 
/ecus if the penny had been given by way of feifin of the 
rent. Lit fed. 565, Co. Lit. 315. 
The firft procefs in this action is an original writ ilfued 
out of chancery, directed to the fheriff, commanding him 
to return a jury, who are called the recognitors of the af¬ 
fife. An affile is to be arraigned on the day the writ is 
returnable, on which day the defendant is to count, and 
the tenant is to appear and plead inftantly. Style Reg. 88. 
If in an affife no tenant of the freehold be mentioned, the 
defendant may plead it; and, where on.e defendant pleads, 
no tenant of the freehold named in the writ, if this is found, 
the writ (hall abate quoad all. Dyer, 207. On Inch a plea 
of the defendant, the plaintiff' fays that he hath made a feoff¬ 
ment to perfons unknown, and he himfelf hath continually 
taken the profits ; if then they are at iffue upon the taking 
the profits, and it be found againft the defendant, it fliall 
not be inquired of the points of the affife, for the diffieifin 
is acknowledged. 1 Danv. Abr. 5 84. And if the deed of 
the anceftor of the plaintiff be pleaded in bar, and this is 
denied, and found for the plaintiff; the affife (hall not in¬ 
quire of the points of the writ, but only of the damages. 
Ibid. 585. In this fuit, if the defendant fail to make good 
the exception which he pleads^ he fliall be adjudged adif- 
2 
I S E. 287 
feifor, without taking the affife; and fhall pay the plaintiff 
double damages, and be imprifoned a year, by fiatute 13 
Edw'. I. c. 25. In affife the tenant pleads in bar, and the 
plaintiff makes title, but the tenant doth neither anfwernor 
traverfe the title; in this cafe the aflize (hall be awarded 
at large. Cro. Eliz. 559. And, if any other title is found' 
for the plaintiff, he (hall recover. Bro. AJJi. 281. If a te¬ 
nant pleads in abatement in an aflife, he muft at the fame 
time plead over in bar; and no imparlance fhall be allow¬ 
ed, without good caitfe : and where there are feveral de¬ 
fendants, and any of them do not appear the fit ft day, the 
affife fliall be taken againft them by default. Pafch. 3 W. 3. 
The court of Common Pleas or King’s Bench may 
hold plea of affifes of land in the county of Mjddlefex, 
by writ out of chancery. 1 Lill. Abr. 105. And in cities 
and corporations an affife of frelh force lies for recovery 
of poffeffion of lands, within forty days after the dilleilin,. 
as the ordinary affife in the county. 
Assise of Mort d’Ancestor, [ajifa mortis antece/fo- 
ris, Lat.] Is a writ that lay where a man’s father, mother, 
brother, lifter, uncle, aunt, Sec. died feifed of lands, tene¬ 
ments, rents, Sec. that were held in fee, and after their 
death a ft ranger abated. Reg.Orig. 223. It is good as well 
againft the abator, as any other in poffeffion of the land ; 
but it lies not againft brothers or fillers, &c. where there is 
privity of blood between the perfon profecutingand them, 
Co. Lit. 242. And it muft be brought within the time limi¬ 
ted by the ftatute of limitations, (50 years, 3 Comm. 189,) 
or the right may be loft by negligence. 
If tenant by the curtefy alien his wife’s inheritance, and 
dieth, the heir of the wife (hall have an aflife of mort d’an- 
ceftor, if he have not affets by defeent from the tenant by 
the curtefy ; and the fame fliall be as well where the'wife 
was not feifed of land the day of her death, as where (he 
was feifed thereof. New Nat. Br. 4S9. A warden of a col¬ 
lege, Sec. (hall have aflife of mort d’anceftor of rent where 
his predeceffor was feifed. And a man may have aflife of 
mort d’anceftor of rents, againft feveral perfons in feveral 
counties; having in the end of the writ feveral fummons 
againft the tenants : and the procefs in this v\ rit is fummons 
againft the party ; and, if he makes default at the day of 
the affife returned, then the plain'iff'ought to Cue out a re- 
fnmmons; and, if he makes default again, the aflife (hall 
be taken, &c. Bro. Ajif. S 3 . In a mort d’anceftor, if the 
tenant fays the plaintiff' is not next heir, and this is found 
againft hint, the points of the writ fhall be inquired of: 
and, in this cafe, the aflife may find, that though the plain¬ 
tiff be the next heir, yet he is not next heir as to this land ; 
for this is in regard of their inquiry at large. Br. Mort d’An. 
47, 1 Danv. Abr. 584. Damages fliall be recovered in the- 
aflife of mort d’anceftor ; but it lieth not of an eftate-fa;!, 
only where the anceftor was feifed in demefne as of fee. Bro-. 
AJjif. If a man be barred in aflife-of novel difleifin; upon 
(hewing a difeent, or other fpecial matter, he may have 
mort d’anceftor, or writ of ‘entry fur dijjiifirt , Sec. 4 Rep. 43. 
If the abatement happened on the dealii of one’s grandfa¬ 
ther or grandmother, then an affife of mort d’anceftor no 
longer lies,, but a writ of ayle, or di avo ; if on the death of 
the great grandfather, or great grandmother, then a writ 
of befayle, or de proavo ; but, if it mounts one degree high¬ 
er,. to the trtfayle, or grandfather’s grandfather ; or, if the 
abatement happened upon the death of. any collateral re¬ 
lation, other than tiiofe before-mentioned ; the writ is called 
a writ of co/nage, or de confanguinto. Finch I.. 266, 267. 
And the fame points fliall be inquired of, in all th< fe a. - 
tions anccjtrel , as in an aflife of mort d’anceftor, they being 
of the very fame nature. 
It was always held to be law, that where lands were de- 
vifable in a man’s laft will by the cuftom of the place, there 
an affife of mort d’anceftor did not lie. Foiy w here lands 
were fo devifable, the. right, of palleffion cb.uld never be 
determined by a procefs, which inquired only of thefe two 
points, the feilin of the anceftor, and'the heirfliip of the 
demandant. And hence it may be rdafonable to conclude-, 
that when the.ftatute of wills, 32 Ken.-YIH. c. 1, made- 
all 
