CHAP. XXIV.
“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, such a day, prepared upon their oaths to return, whether one Hyde of Land, which N., the Parson of the Church of that Vill, claims, as held in Frankalmoigne by his Church, against R. in that Vill, be the Lay Fee[470] of the said R., or an Ecclesiastical Fee; and, in the mean time, let them view the Land, and cause their names to be imbreviated. And summon, by good Summoners, the aforesaid R., who holds that Land, that he be then there to hear the Recognition, and have there, &c. Witness, &c.”
CHAP. XXV.
Neither in this Recognition, nor in any other, except the Recognition of the Grand Assise, are more than two Essoins permitted. Because a third Essoin is never allowed, unless where it can be judicially ascertained, whether an illness amount to a languor or not. As this is not usually done in Recognitions, they necessarily preclude a party from casting a third Essoin. The Recognition we are now treating of proceeds in the manner we have described, when discussing other Recognitions. Yet, should it be observed, that if, by the Recognition, a Tenement be proved to be an Ecclesiastical Fee, it cannot afterwards be treated as a Lay Fee, although it may be claimed by the Adverse party to be held of the Church, by a stipulated service.
CHAP. XXVI.
Our subject leads us, in the next place, to consider that species of Recognition which is usually resorted to, in order to ascertain, whether a person died seised of a certain Freehold, as of Fee or as of Pledge. When any one claims a certain Tenement to be restored to him, as pledged, either by himself, or one of his Ancestors, if the Tenant does not acknowledge the Tenement in question to be a pledge, but asserts in Court that he is seised of it as of Fee, recourse is usually had to a Recognition, which shall be summoned by the following Writ——