But, if the Plea should be between two Clerks, concerning a Tenement
held in Frankalmoigne of an Ecclesiastical Fee, or if the Tenant, a
Clerk, hold an Ecclesiastical Fee in Frankalmoigne, whoever may happen
to be the Demandant, the Plea concerning the Right ought to be in
the Ecclesiastical Court, unless a Recognition should be demanded,
whether the Fee in question be Ecclesiastical or lay, of which we shall
presently speak. For then such Recognition, as, indeed, certain others,
must be held in the King’s Court.
Book XIII.
CONCERNING PLEAS BY ASSISES AND RECOGNITIONS. AND OF
DIFFERENT KINDS OF DISSEISINS.
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——
[Footnote 443: Vide Bracton 252. a. et seq.]
CHAP. III.
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