Bracton: Thorne Edition: English. Volume 3, Page 212

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Volume 3, Page 212

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[001] descends to several as to a single heir, and after partition of the inheritance among the
[002] co-heirs the entire advowson and presentation remains to one of them. He must also
[003] name the parson who last died parson, and how he died, whether by natural or civil
[004] death.¹ And so, his intentio having been supported, an investigation² having been
[005] made, it may easily be determined whether the presentation and action belongs to
[006] the plaintiff separately [and] by himself simpliciter, or in common with others, or in
[007] common with others but in turn and successively. When the plaintiff has thus founded
[008] his claim and shown that the assise belongs to him and produces proof, that is, the
[009] assise, the deforciant must needs except against the claim, [show] why the assise
[010] ought to remain. There are general³ exceptions, of which some are dilatory and some
[011] peremptory,⁴ [Of the peremptory, some are peremptory to the jurisdiction and some
[012] to the writ, but they are dilatory to the judgment and do not touch the action itself
[013] nor the claim, any more than do dilatory exceptions.] [which] must be put forward
[014] first and at the beginning,⁵ [as will be explained below [in the portion] on exceptions,
[015] and was touched upon briefly above, which it would be superfluous to repeat here,]
[016] as [those touching] the writ and the person [of the demandant],⁶ and⁷ exceptions
[017] which are not general, which only touch this assise, not others, because of the several
[018] clauses of the writ, as to which we must proceed in order. The writ contains the
[019] words ‘who as patron.’ He may be said to be patron to whom the right of advowson
[020] of some [church] belongs, so that he may present to the church, in his own name, not
[021] in another's. He is called ‘patron’ to distinguish him from others who present in the
[022] name of another, as a guardian who presents by reason of wardship; it is not the guardian
[023] who is the patron, but he in whose name he presents.⁸ Also to distinguish him in
[024] some way from those who hold at farm and for a term of years. Also from those who
[025] hold for a term of life, under whatever arrangement, or by intrusion or disseisin, who
[026] have never presented in their lifetimes or during the time they have been in seisin.
[027] But when they have once presented and are thus in seisin of the presentation, they
[028] are quasi-patrons, with respect to seisin of the presentation, as long as they live and
[029] are in possession of the thing to which the advowson is appurtenant, since no one
[030] may present or have the appurtenances of a thing⁹ before he has the corpus which the
[031] appurtenances follow. [There is, therefore, a true patron, to whom the proprietas
[032] and seisin belong, in his own name, to himself

Notes

1. Infra 215

2. ‘examinatione’

3. ‘generales’

4. Supra 77, infra iv, 245

5. Tancred, 140: ‘Generaliter tene quod omnes exceptiones quae ad declinandum indicium faciunt, in principio inter ipsa litis auspicia sunt proponendae et probandae’; infra iv, 180, 246

6. ‘contra breve et contra personam petentis’

7. ‘et’ for ‘dum tamen’

8. Supra ii, 161, infra 222

9. ‘rei,’ from preceding line