Bracton: Thorne Edition: English. Volume 4, Page 176

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Volume 4, Page 176

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[001] to that same church such a clerk by name, who was admitted to the same church
[002] at his presentation and took therefrom esplees to the value of five shillings and more
[003] in tithes, oblations and other obventions. And that this is his right and that of his
[004] church he offers etc.’ Let no mention be made of any descent nor of intervening
[005] abbots or priors, since they are not heirs, nor does any right descend from their
[006] persons, as it would if the right descended hereditarily to heirs.¹ ²<On this matter
[007] may be found [in the roll] of Easter term in the fourteenth year of king Henry in
[008] the county of Huntingdon, [the case] of William, archdeacon of Wells.>³ The same
[009] rule must be observed in parsonages and prebends. If a parson or canon pleads by
[010] writ of right, let it then be said, ‘I claim so much land with the appurtenances etc.
[011] (as above) as the right of my church (or ‘as the right of my prebend’) of which such
[012] parson (or ‘canon’) my predecessor was seised in demesne etc. as of the right of his
[013] church (or ‘his prebend’) etc. (as above).’

If there are several demandants let all be named in the writ, whether they are legitimate, bastards, or villeins.

[015] If one claims the seisin of his ancestor by writ of right where the land or other thing
[016] has been given to several together, as to several parceners, legitimate or bastard,
[017] heirs or strangers, [also conjointly as in maritagium, to a man and wife, or in some
[018] other way,] in the count of the descent mention must be made of all, thus ‘And of
[019] which A. B. C. and D. were seised in their demesne etc. (as above). And because
[020] such persons [A. and B.] died without heirs of their bodies, their portions accrued
[021] to the survivors, [C. and D.], so that the right of that land descended to the heirs of
[022] those who survived, that is, to such persons [E. and F.]. And because one of them,
[023] [E.] died without an heir of his body, the right of the whole land descended to such
[024] a one [F.], and from him to him who now claims. And that such is his right he
[025] offers etc.’ If it is claimed on the seisin of a husband and wife to whom the land was
[026] given in maritagium or in some other way, let it be put thus: ‘And of which A.
[027] and B. his wife were seised in their demesne as of fee and right, as of the maritagium
[028] of the same B., in the time of such a king and in time of peace etc. (as above). And
[029] from the aforesaid A. and B. the right of that land descended to such a one as son
[030] and heir etc. (as above).’⁴ On this matter may be found in the roll of Trinity term

Notes

1. Supra ii, 229

2. Supra i, 415

3. B.N.B., no. 411 (Trin. 14); C.R.R., xiv, no. 150 (sidelined); no roll extant for Easter 14

4. Supra ii, 144, cf. ii, 195, 200-1, iii, 272, infra 179