Bracton: Thorne Edition: English. Volume 2, Page 166

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Volume 2, Page 166

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[001] and before he is in seisin of the presentation, [or even after he has presented,] the
[002] donee transfers the property and the advowson, or the advowson alone, to another,
[003] who likewise presents before provision, and then provision is made and the church
[004] again falls vacant, and then all present, that is, the first donor and the first and
[005] second donees, the first donor must be preferred, because if at first sight the first
[006] and second donees have an action on the presentation the donor will have an
[007] exception on the provision, and because the first donee, who has no perpetuity,
[008] cannot make a permanent gift nor an effective one since his estate depends upon
[009] the snares of fortune. On this matter may be found [in the roll] of Easter term in
[010] the seventh year of king Henry in the county of Bedford, [the case of] Fawkes de
[011] Breaut‰ and the prior of Newnham, an assise of darrein presentment concerning
[012] the church of Aspley Guise.¹

Of liberties and who may grant liberties and which belong to the king.

[014] We have explained above how rights and incorporeal things are transferred and
[015] quasi-transferred, how they are possessed or quasi-possessed, and how retained by
[016] actual use. Now we must turn to liberties [and see] who can grant liberties, and
[017] to whom, and how they are transferred, how possessed or quasi-possessed, and how
[018] they are retained by use. Who then? It is clear that the lord king [has all] dignities,
[019] ²[[It is the lord king] himself who has ordinary jurisdiction and power over all who
[020] are within his realm.³ For he has in his hand all the rights⁴ belonging to the crown
[021] and the secular power and the material sword pertaining to the governance of the
[022] realm. Also justice and judgment [and everything] connected with jurisdiction, that,
[023] as minister and vicar of God,⁵ he may render to each his due. Also everything connected
[024] with the peace, that the people entrusted to his care may live in quiet and
[025] repose, that none beat, wound or mistreat⁶ another, [or] steal,⁷ take and carry off by
[026] force and robbery another's property, or maim or kill anyone. Also coercion, that he
[027] may punish and compel wrongdoers,⁸ ⁹[He in whose power it is to cause¹⁰ the laws,
[028] customs,¹¹ and assises provided, approved and sworn in his realm to be observed by
[029] his people, ought himself to observe them¹² in his own person.] for it is useless to
[030] establish laws unless there is someone to enforce them.]¹³ ¹⁴rights or jurisdictions
[031] in his hand. He also has, in preference to all others in his realm, privileges by virtue
[032] of the jus gentium. [By the jus gentium]

Notes

1. B.N.B., no. 1607; no roll extant; infra iii, 222; an earlier stage: C.R.R., xi, no. 410

2. McIlwain, Constitutionalism Ancient and Modern, 77; Schulz in E.H.R., lx, 143, 172. This portion belongs infra 304, at n. 12

3. Infra iv, 281, 298; ‘omnes’

4. E. Kantorowicz, 153

5. Supra 20, infra 305, 412

6. ‘tractet’ for ‘contrectet,’ as infra 171; ‘verberaverunt et male tractaverunt’; 296, 325: ‘verberaverit, vulnaverit et male tractaverit’, 439, iii, 21

7. ‘ne quis rem alienam contrectet,’ as infra 425

8. Supra 21, infra 304; ‘coerceat,’ as V and Fleta, i, ca. 17; ‘coercet,’ CE, LA, MB, MG, OA, OB, OC

9. Belongs infra 306, at n. 5

10. ‘faciat’; ‘Ille qui habet’

11. ‘consuetudines,’ as Fleta; customs are ‘approbatas,’ supra 22

12. ‘eas’ for ‘sua’

13. Supra 26, infra 305; Drogheda, 36

14. Reading: ‘rex habet [omnes] dignitates, iura sive’; om: ‘Habet . . . huiusmodi,’ a connective