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—— 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.” [Footnote 470: _Sit laicum feodum._ “A _Juris Utrum_ did lie at the Common Law for a Parson against a Layman, and for a Layman against a Parson: but no _Juris Utrum_ did lie for one Parson against another, before this Act, (Westmr. 2d.) because it was the Right of the Church and no Lay Fee. And the words of the writ at the Common Law were, _an sit laicum feodum, &c._” (Vide 2 Inst. 407. and the authorities cited by Lord Coke.)] 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—— CHAP. XXVII.