Bracton: Thorne Edition: English. Volume 3, Page 206

Harvard Law School Library

Bracton Online -- English

Volume 3, Page 206

Next

Go to Volume: Page:

The writ of assise of darrein presentment.

[002] ‘The king to the sheriff, greeting. If such a one has made you secure with respect to
[003] the prosecution of his claim, summon etc. twelve free and lawful men of such a
[004] neighbourhood to be before our justices at the first session when they come into those
[005] parts (or ‘at Westminster forthwith’ or ‘elsewhere on such a day’) prepared to recognise
[006] on oath who as patron in time of peace presented the last parson, who has died,
[007] to the church of such a place which is vacant, as it is said, the advowson of which the
[008] same parson says belongs to him. In the meantime let them see that church. And
[009] cause their names to be written down. And summon by good summoners him who
[010] deforces him of that advowson to be there on that day to hear that recognition. And
[011] have there the summoners and this writ. Witness etc.’¹ ² <Because the word ‘deforces’
[012] is used, some think that the plaintiff indicates thereby that the deforciant is in seisin,
[013] as in the writ of right, but in truth that is not so; he deforces within the meaning of
[014] that term who does not permit a possessor to use his seisin, at all or only with difficulty,³
[015] by presenting, appealing, or impetrating, in accordance with the general rule
[016] that he sufficiently effects a disseisin who does not permit a possessor to use, or to use
[017] conveniently, though he does not expel him completely.> On the first day either
[018] party may essoin himself if he wishes. If both default the plea will be void and the
[019] writ falls. If only the impediant is present, he will withdraw by judgment sine die.
[020] If only the plaintiff is present and the impediant is not, we must then see, first of all,
[021] whether the impediant was summoned or not. If he was, and the summons is attested
[022] by suitable summoners, who when examined attest the summons, let the impediant
[023] be resummoned.⁴ If he was not summoned, or if the summons is [not] attested, or if
[024] he is present on the first day and alleges that he received no summons, or no proper
[025] summons, let him have another day.⁵ The summons having been attested, or not
[026] denied, let him be resummoned by this writ.

If the deforciant or impediant does not appear on the first day; how he is to be resummoned.

[028] ‘The king to the sheriff, greeting. Summon A. by good summoners to be before our
[029] justices at such a place [on such a day] to hear the recognition of the assise of darrein
[030] presentment which B. in our same court before our same justices arraigned against
[031] him, who as patron in time of peace etc. (as above) and to show why he did not appear
[032] before our same justices

Notes

1. Glanvill, xiii, 19, with additions

2. Supra i, 403

3. Infra 217

4. Infra 208, 252, 331

5. Infra 258