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[001] may take by the assise and who may not, we must examine by way of example some
[002] particular cases which arose in the time of king Henry between certain persons.
[003] Suppose that a plaintiff says that he or one of his ancestors presented a certain parson
[004] and puts himself on the assise; the jurors know nothing of the matter, neither who
[005] presented the last parson nor the one before the last nor those preceding, as1 where
[006] they say they know nothing at all; the plaintiff will take nothing by the assise.2 On
[007] this there is matter [in the roll] of Easter term in the eighth year of king Henry in the
[008] county of Kent, an assise of darrein presentment between the prior of Southwark and
[009] Warin de Montchesney concerning the church of Swanscombe.3 To the same intent
[010] [in the roll] of Easter term in the tenth year of the same king in the county of Norfolk,
[011] [the case] of Simon de Noers and the church of Itteringham.4 There it is said that
[012] where it is not possible to establish who presented the last parson, nor the one before
[013] the last, that the plea may proceed on the right and on the property,5 by the same
[014] writ without the impetration of another. And let the count be made of the seisin of
[015] the ancestor and of the right and of the descent to the demandant, as though the plea
[016] had from the beginning been on the right, and let the tenant, as he chooses, put himself
[017] on the grand assise or defend himself by the duel. In the meantime, if they wish,
[018] let them agree upon a clerk, for otherwise the collation will fall to the bishop. If in
[019] one and the same vill there are two demesnes and different fees and a single church,
[020] and it cannot be ascertained whose ancestor last presented, he will prevail in whose
[021] fee the church is situated. If neither he who last presented nor he in whose fee the
[022] church is situated can be ascertained, or if the estate on which the church is situated
[023] is held in common, and no certainty can be had as to the presentation, let the parties
[024] agree among themselves to present in turn, for then it will be equally necessary for
[025] them to have equity. 6Suppose that one has the advowson of a church and when he is
[026] in possession of the presentation gives it, with the tenement or without it, in maritagium
[027] or in some other way; the donee, before he presents, gives that advowson to
[028] another, with the tenement or without it; then the church first becomes vacant and
[029] the third party, he to whom the advowson was last given presents, as do the first
[030] donor or his heir and7 the first donee. The presentation of the first donor or his heir
[031] will be preferred to all the others



Notes

1. ‘ut’

2. Supra 211

3. B.N.B., no. 983; no roll extant

4. B.N.B., no. 1762; cf. C.R.R., xii, nos. 1541, 2595

5. Supra 211

6. New paragraph

7. ‘et’


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