Harvard Law School Library

Bracton Online -- English

Previous   Volume 3, Page 330  Next    

Go to Volume:      Page:    

[001] priors, some parochial, as those of rectors of churches. Thus we must see for which
[002] of the aforesaid the assise lies. It is clear that it lies only for rectors of parochial
[003] churches who are instituted by bishops and ordinaries as parsons. [[Others] may be
[004] called rectors, as canons of prebendal churches. Abbots, priors and others who have
[005] churches to their own use may be called rectors, or quasi-rectors.1 This [‘to their own
[006] use’] is also understood of those who have the half of some church, divided into two
[007] parts because of two fees and two patrons, if they have separate rights and estates,2
[008] because each may plead and be impleaded by himself, without the other, as [in the
[009] roll] of Trinity term in the fourth year of king Henry, [the case] of Gerard de Huwelle
[010] and Richard, rector of a mediety of the church at Claypole.3 But if there is something
[011] which is or ought to be [common] between them, it will be otherwise, as in the eyre of
[012] William of Ralegh in the county of Leicester, near the middle of the roll.4 The assise
[013] never lies for a vicar by himself. But we must see how he is a vicar; if5 he pays some
[014] small pension yearly to some religious house, whether he does this under the name of a
[015] pension or as a simple benefice, the assise will not on that account remain in the
[016] person of the vicar. But if he pays it to an individual parson under the name of a
[017] pension, the assise does not lie for the vicar but for the parson. Sometimes the assise
[018] lies for both, the vicar and the parson together, as in the last eyre of Martin of
[019] Pateshull in the county of Suffolk, an assise [beginning] ‘whether one acre of land.’6
[020] Also, though the church is divided between two, whether their estates are common or
[021] separate, if they have a single patron neither of them may plead or be impleaded
[022] without the other, as in the same eyre of Martin of Pateshull in the county of Suffolk
[023] in the twelfth year of king Henry, from the liberty of Ely, [a case] between Thomas
[024] parson of Framesdune and Robert son of Ailric.]7 The form of the writ is as follows:

Form of writ.

[026] ‘The king to the sheriff, greeting. If such a one, the parson of such a church has made
[027] you secure etc. summon by good summoners twelve free and lawful men of such a
[028] neighbourhood to be before our justices at the first assise etc. ready to recognise on
[029] oath whether so much land with the appurtenance in such a vill is free alms belonging
[030] to the church of such a one of such a vill, or the lay fee of such a one. [That is, if it is
[031] for a rector. If it is for a layman, then thus: ‘If such a one, the layman, that is, etc.
[032] to recognize whether so much land with the appurtenances in such a vill is the lay
[033] fee


1. Both established in 1234: B.N.B., no. 1117

2. ‘si iura . . . sine alio’ from line 9

3. B.N.B., no. 1430, C.R.R., ix, 125 (4 Hen. 3); the words ‘De utrum’ written above this entry

4. Not in B.N.B.

5. Om: ‘ut’

6. Not in B.N.B.; roll extant

7. Not in B.N.B.; roll extant

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