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——
[Footnote 468: “A worthy man, qualified in literature, life, and
manners”—are the words of the Reg. Maj. L. 1. c. 2. Vide 1 Bl. Comm.
389.]
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.”
[Footnote 469: “And, in the mean time, let them view the
Tenement”—added in Cotton. and Bodln. MSS.]
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.
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