Bracton: Thorne Edition: English. Volume 3, Page 241

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Volume 3, Page 241

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Of a prohibition while one is under age.

[002] ‘The king to such judges, greeting. We forbid you to hold the plea before you in court
[003] christian concerning the advowson of such a church [as to which] (or¹ ‘concerning
[004] such a church, with respect to the advowson of which’) there was recently a plea in
[005] our court before us between A. of N. plaintiff and B. the guardian of C. the son and
[006] heir of D. impediant, by reason of the right which the same B. claimed the same C.
[007] has in that advowson, as to which an agreement was reached between the same A.
[008] and B. in our same court before us in which both agreed upon a clerk, because the
[009] plea could not be decided nor the matter brought to judgment since the aforesaid C.,
[010] who is said to have the right in that advowson, is still under age, because if that plea
[011] should proceed before you in court christian the same C. while under age might suffer
[012] damage with respect to that advowson, and pleas concerning advowsons belong to
[013] our crown and dignity. Witness etc.’² If they refuse to desist on such prohibition, let
[014] them be attached, or let the bishop have them [before the justices] if they have no
[015] lay fee, as below more fully in [the portion on] prohibitions.³ If one once recovers
[016] seisin of a presentation by the assise and he against whom he recovered begins to
[017] claim the advowson by a writ of right, and while the plea is pending the church again
[018] becomes vacant and both present, he must be preferred who last presented,⁴ and let
[019] the writ to the bishop be in this form.

If one has recovered by assise and is afterwards impleaded by a writ of right when the church begins to be vacant.

[021] ‘The king to such a bishop, greeting. It has been shown to us on the part of A. that
[022] though he recently recovered in our court etc. his presentation to such a church
[023] against B. by an assise of darrein presentment there taken between them, and a clerk
[024] was admitted on his presentation to that church on our order, the same B. has now
[025] begun to implead him⁵ by a writ of right on the property and, the church having⁶
[026] again become vacant, the plea on the right still pending, the same B., by reason of the
[027] right which he asserts is his though he has not yet recovered it, is presenting his own
[028] clerk to the church mentioned, that he may impede the presentation of him of whom
[029] it is clear that he is in possession of the presentation. And therefore we order you,
[030] notwithstanding the presentation (or ‘the claim’) of the same B., or our prohibition,
[031] if you have such to the effect that you not admit a clerk until the plea on the right
[032] is decided, to admit on the presentation of the same A.

Notes

1. ‘vel,’ OA

2. Infra iv, 256

3. Infra iv, 272, 273

4. Supra ii, 165, iii, 220, 239, 240

5. ‘eum iam nceperit implacitari’

6. ‘contigerit,’ all MSS