Bracton: Thorne Edition: English. Volume 3, Page 210

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Volume 3, Page 210

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[001] or in the other way. The deforciant cannot vouch a warrantor, since the assise finds
[002] generally for anyone who has the right to present.¹

Of the oath of the jurors in the assise of darrein presentment.

[004] When the jurors are present and there is no objection that can be raised against them,
[005] as above,² they must swear in this way: ‘Hear this, O justices, that I shall speak the
[006] truth concerning this assise and of the church (or ‘chapel’) of which I have made the
[007] view by order of the lord king, and on no consideration will I neglect etc.,’ as above.
[008] And all the other jurors shall swear as above. When they have taken the oath, they
[009] must hear the nature of the writ and the justice must instruct them, to the extent
[010] that such is permitted, and warn them to take care to speak the truth because of the
[011] absence of the deforciant who, if he were present, could inform them as to much.
[012] After having had discussion and consultation among themselves, when the jurors
[013] come before the justices to speak the truth, they may say on their oath that such a
[014] one, the plaintiff, presented the last parson, who is dead, to the aforesaid church in
[015] time of peace, that is, such a one by name, who last died as parson of the same church,
[016] and that he was admitted on his presentation, or they may say the contrary, that
[017] he did not present him nor any other, but another presented him etc. They may state
[018] all the reasons why the presentation does not belong to the plaintiff which the deforciant
[019] himself could put forward were he present, and show why he does not
[020] deforce him wrongfully, as where after the presentation in question the plaintiff or
[021] his ancestor, after that presentation, gave that advowson [to him], by itself, or the
[022] tenement to which the advowson is appurtenant with all its appurtenances and without
[023] any reservation, in fee, or for life, or for a term, or until provision made, as will
[024] be explained more fully below,³ It is not sufficient for the jurors to say that he or his
[025] ancestor presented⁴ rightfully, unless they show that the deforciant wrongfully
[026] deforces that presentation. Nor is it sufficient that he wrongfully deforces (though a
[027] finding of that kind may be of benefit to others who have right) unless the jurors show
[028] that it is the plaintiff who is deforced, so that he may take something by the assise,
[029] because all the clauses in the writ may be true, but they must still inquire whether the
[030] deforciant deforces rightfully or wrongfully, and if wrongfully,⁵ if the plaintiff is
[031] entitled to the plaint. They may say that they have no knowledge at all as to who
[032] presented him who last died parson. If they are unable to say anything certain of
[033] him, recourse must then of necessity be had to the seisin of the parson before him,
[034] so that some certainty

Notes

1. Infra 234-5

2. Supra 71, 207

3. Infra 217, 220, 226

4. ‘praesentavit’

5. ‘si iniuste’