Bracton: Thorne Edition: English. Volume 3, Page 332

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Volume 3, Page 332

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[001] on the seisin of which parson the land is claimed¹ by the assise, and how he was
[002] seised, in demesne or in service,² whether the land was given to the parish church in
[003] free alms, to be held in demesne, or only the service, [as where] it is given to a feoffee
[004] [to hold of his feoffor, the services to be done to the church], or to the church subject
[005] to the condition that the church make the feoffment, to be held of the church;³ [If
[006] when one is so enfeoffed, to himself and his heirs to hold of his own feoffor, and he
[007] gives some annual rent to the church for having the warranty and protection of the
[008] church, this ought not to be called a service, but rather a payment in the name of
[009] alms. In that case nothing more may be claimed, neither in the name of escheat nor
[010] for any other reason.]⁴ accordingly we may easily tell whether the parson has a
[011] iusta causa for claiming in demesne or only the service. We must also see by whom
[012] the land was given to the church, that is, by one who has the right or by one who does
[013] not, that a warrantor may be called, as is done in other pleas and assises; if the
[014] warrantor defaults let the matter proceed as above [in the portion] on vouching a
[015] warrantor in the assise of mortdancestor.⁵ Among other exceptions and answers,
[016] [the exceptions and replications [available to the parties] may be drawn from what
[017] has been said,] if the parties wish. If there is no warrantor, and no exception is put
[018] forward, the parties and the jurors being present in court, let the assise proceed in
[019] the manner of an assise, a reference being made, according to some, to the tenement
[020] sought, because of the view which the jurors make thereof, as is done in the other
[021] aforesaid assises.

Form of oath in this assise.

[023] The form of oath when the assise is taken in this manner: ‘Hear this, O justices, that
[024] I will speak the truth concerning this assise and concerning one virgate of land with
[025] the appurtenances whereof I have made the view by order of the lord king, whether,
[026] that is, the said land with the appurtenances is free alms belonging to such a church,
[027] of which such a one is parson, or the lay fee of such a one, [or conversely according as
[028] the parson arraigns the assise or the laymen] and I will in no way omit etc.’ In
[029] accordance with this form of oath, when the assise is taken in the manner of an assise,
[030] let this enrolment follow: ‘The assise comes to recognise whether etc.’; if it is taken
[031] in the manner of a jury,⁶ when the parties put themselves on a jury by mutual

Notes

1. Om: ‘in dominico’

2. Om: ‘Item qualiter’

3. Om: ‘et secundum . . . dominico’

4. Infra 334

5. Supra 259

6. Om: ‘cum assisa . . . et ius’