“The King to the Sheriff, Health. Summon, by good Summoners, twelve
free and lawful Men of such a Vill, that they be before me, or my
Justices, such a day, prepared upon their oaths to return, whether _N._
holds one ploughland in such a Vill, which _R._ claims against him
by my Writ, in Fee or in Pledge, as pledged to him by the said _R._
or by _H._, his Ancestor.” Or thus—“whether that ploughland, which
_R._ claims against _N._, in such a Vill, by my Writ, be the Fee or
Inheritance of the said _N._, or Pledged to him by the said _R._, or
by the said _H._, his Ancestor; and, in the mean time, let them view
that Land; and cause their names to be imbreviated; and summon, by good
Summoners, the aforesaid _N._, who holds that Land, that he be then
there to hear the Recognition—And have there, &c.”
CHAP. XXVIII.
But, it sometimes happens, that a person holds a Tenement as a pledge,
and so dies seised of it. His Heir, also, by reason of such a Seisin,
prays a Writ of Mort d’Auncestor against the true Heir, who has
obtained the Seisin of the Tenement in question. If, indeed, it should
then be acknowledged by the Tenant, that the Ancestor of the Demandant
had died seised, but as of Pledge, and not as of Fee, the consequence
is, that recourse must be had to the before mentioned Recognition,
which shall be summoned by the following Writ——
CHAP. XXIX.
“The King to the Sheriff, Health. Summon, by good Summoners, twelve,
&c., that they be, &c. prepared upon their oaths to return, whether
_N._, the father of _R._, was seised in his Demesne, as of Fee, or as
of Pledge, of one ploughland, in such a Vill, the day on which he died.
And, in the mean time, &c.”
CHAP. XXX.
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?
[Footnote 471: The text is obscure, and contradictory: most probably,
falsely transmitted to us.
This is answered in the affirmative by the Regiam Majestatem. L. 2. c.
35.]
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.
Public-domain text, read in full here on John Shaqi.
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