As to the Essoins allowed in this species of Recognition, they may be collected from what has gone before. Upon the Recognition proceeding, whether both of the parties be present, or one of them be absent, the person, to whom, on his own, or his Ancestor’s Seisin, the last Presentation shall be adjudged, is understood thereby to have recovered Seisin of the Advowson itself; so that, upon his Presentation, the Bishop of the place shall institute the first Parson, if a proper person,[468] into the vacant Church, which he shall retain during his whole life upon his Patron’s Presentation, whatever may afterwards happen, with respect to the Right of Advowson. For the person, against whom the last Presentation has been awarded by the Recognition, may proceed against the other, or his Heirs, upon the Right of Advowson, the nature of which has been explained, in a former part of this Treatise. It may be asked, whether, from the first, any thing can be alleged to prevent the Assise from going forward. In order to effect such object, the Tenant may admit, that the Ancestor of the Demandant made the last Presentation, as the real Lord and the Eldest Heir, but that he afterwards transferred the Fee, to which the Advowson is appendant, to the Tenant or his Ancestors, by a good Title; and thus upon this allegation the Assise shall cease, and a Plea may then be had recourse to between the litigating parties, upon this exception. Upon this exception, either of the parties may desire a Recognition, and is intitled to have it. But either of the litigating parties may admit, that the other, or one of his Ancestors, made the last Presentation, but not as of Fee, but of Ward, and may demand, and shall obtain, a Recognition upon this point. Such Recognition shall be summoned by the following Writ——
CHAP. XXI.
“The King to the Sheriff, Health. Summon, by good Summoners, twelve free and lawful Men of the Neighbourhood of such a Vill, that they be before me, or my Justices, at such a day, prepared on their oaths to return, if R., who presented the last Parson, who is dead, to such a Church, by reason of the Tenement that he held in such a Vill, made such Presentation, as of Fee, or as of Ward,[469] and cause their names to be imbreviated; and summon, by good Summoners, him who has deforced the Presentation, that he be then there, &c.”
CHAP. XXII.
The fact being ascertained by the Recognition, if the last Presentation was made as of Ward, the Advowson of the Presentation is at an end, and the Presentation itself shall belong to the other party. But if, as of Fee, the Presentation shall continue to him.
CHAP. XXIII.
It follows to treat of the Recognition to ascertain, whether a Tenement be a Lay, or an Ecclesiastical Fee. Upon either of the parties desiring to have such Recognition, it shall be summoned by the following Writ——