CHAP. I.
The general course of Proceedings, as they more usually occur in Court upon the foregoing Writs of Right, having been so far treated of, it now remains to speak concerning the steps commonly resorted to, where Seisin alone is in question. As these questions are, under the beneficial provisions of a Law of the Realm, which is termed an Assise, usually and for the most part decided by a Recognition, our subject leads us to treat of the different kinds of Recognitions.
CHAP. II.
There is one species of Recognition which is called Mort d’Auncestor[443]—another de ultimis presentationibus of Parsons to their churches—another, whether a Tenement be an Ecclesiastical Fee or Lay Fee—another, whether any one was seised of a Freehold on the day of his death, as of fee or as of pledge—another, whether any one be under age or of full age—another whether any one died seised of a certain Freehold as of fee, or as of ward—another, whether any one presented the last Parson to a Church, by virtue of the Fee that he held in his Demesne, or by virtue of a Wardship.—And others of a similar description, which, as they frequently arise in Court when the parties are present, are, with their consent and the advice of the Court, directed, in order to determine the point in controversy. But there is another Recognition which is called Novel Disseisin. When, therefore, any one dies seised of a Freehold in his Demesne as of Fee, the Heir may justly claim the seisin of his Ancestor; and, if he be of full age, he shall have the following Writ——
CHAP. III.
“The King to the Sheriff, Health.[444] If G., the son of T. shall make you secure of prosecuting his claim, then, summon by good Summoners, twelve free and lawful Men of the Neighbourhood of such a Vill, that they be before me, or my Justices, on such a day, prepared on their oath to return, if T. the father of the aforesaid G. was seised in his Demesne as of Fee, of one Yardland, in that Vill, on the day of his death—if he died after my first Coronation,[445] and if the said G. be his nearer Heir. And, in the mean time, let them view the Land and cause their names to be imbreviated; and summon, by good Summoners, R. who holds that Land, that he be then there to hear such Recognition; and have there the Summoners &c. Witness &c.” But, if the Ancestor was seised in the manner before mentioned, and had begun a Voyage, then, the Writ will be as follows——