Harvard Law School Library

Bracton Online -- English

Previous   Volume 3, Page 233  Next    

Go to Volume:      Page:    




[001] to admit his clerk notwithstanding any inhibition. And if there is a dispute as to that,
[002] let the assise of darrein presentment proceed. It ought not to be impeded because of a
[003] plea on the right, nor because of any other plea whatever.

Writ to the bishop or ordinary when one has recovered seisin by the assise of darrein presentment.


[005] When one has recovered his seisin by the assise, let him at once have a writ to the
[006] bishop for the admission of a suitable parson on his presentation, in this form: ‘The
[007] king, [by the grace etc.] to the venerable father in Christ A. by the same grace bishop
[008] of London, greeting. Know that such a prior in our court before [our] justices etc.
[009] at such a place has recovered his seisin of the advowson of such a church (or thus,
[010] and, so it seems, a better form: ‘[recovered] seisin of his presentation to such church’)
[011] against such a person by an assise of darrein presentment there taken between them.
[012] Therefore we order you to admit a suitable parson to that same church on the presentation
[013] of that prior. Witness etc.’ If the record ought to be included in the writ,
[014] then let it be put thus: ‘The king to such a bishop, greeting. Know that when an
[015] assise of darrein presentment was summoned in our court before [our] justices etc.
[016] between A. the plaintiff and B. the deforciant [to determine] who as patron in time of
[017] peace presented the last parson, now dead, to such a church, it was recognized in our
[018] same court before our same justices by the same assise that the aforesaid B. presented
[019] the clerk to the same church who last died parson in it on the presentation of the same
[020] B. Therefore we order you to admit a suitable parson to the same church on the
[021] presentation of the aforesaid B. Witness etc.’ If one has recovered his presentation
[022] by writ of quare impedit or quare non permittit, let the writ to the bishop then be in
[023] this form.

Writ that the bishop admit a clerk notwithstanding a claim if judgment has been given.


[025] ‘The king to such a bishop, greeting. Know that A. in our court before etc. by the
[026] judgment of our same court recovered against B. his seisin of the advowson of such a
[027] church (or thus: ‘recovered his presentation to such a church against such a one’).
[028] Therefore we order you, notwithstanding the claim of the same B., to admit a suitable
[029] parson to the same church on the presentation of the same A. Witness etc.’ If
[030] the other party retains the presentation by agreement



Notes




Contact: specialc@law.harvard.edu
Page last reviewed April 2003.
© 2003 The President and Fellows of Harvard College