It being proved by the Recognition, that the Tenement in question is a pledge, then, the Tenant who has asserted it to be his Fee shall lose the Tenement in question, so that he shall not, by reason of its having been a pledge, recur to it for the recovery of his Debt.[471] But, if it be decided to be the Fee of the Tenant, then, the Demandant shall from henceforth be barred from any recovery unless by a Writ of Right. It may be asked, whether in this Recognition, or in any other, a person’s Warrantor should be awaited, whatever description of Warrantor, or for whatever cause he may be such, especially if the Warrantor should be called into Court upon this subject after two Essoins?
CHAP. XXXI.
The Recognitions which remain may be partly collected from the preceding Recognitions—and partly from the Judgment of the Court, founded on the allegations of both parties. With respect, for example, to the Recognition to ascertain, whether a person be within age or not—some mention and notice are taken of it in the [fifteenth], [sixteenth], and [seventeenth] Chapters of the present Book.
In like manner, concerning the Recognition, whether a person was, on the day of his death, seised of a certain Freehold, as of Fee or of Ward, in the [thirteenth], [fourteenth], and [fifteenth] Chapters of this Book. In the same manner, concerning the Recognition, whether a person presented the last Parson, in right of his Fee, or his Wardship, in the [twentieth], [twenty-first], and [twenty-second] Chapters of the present Book. These Recognitions follow those we have previously treated of with respect to Essoins, and proceed or cease for the same reasons.
CHAP. XXXII.
In the last place, it remains for us to speak, concerning that species of Recognition, which is called Novel Disseisin.[472] When any one, therefore, unjustly and without a Judgment, has disseised another of his Freehold; and the case fall within the King’s Assise, or in other words, within the time for such purpose appointed by the King with the advice of his[473] Nobles (which is sometimes a greater,[474] sometimes, a less period) this Law comes to the aid of the person disseised, who shall have the following Writ——