Bracton: Thorne Edition: English. Volume 3, Page 213

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Volume 3, Page 213

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[001] and his heirs, not in that of another, as was said above, [and] a quasi-patron, not a
[002] true patron, who is taken to be patron though¹ he is not, only because of seisin of the
[003] presentation and the tenement he possesses,² though he is³ in seisin in his own name
[004] and not in another's. Thus one may be a true patron, in perpetuity, or not a true
[005] patron, only for a time.] But when such persons, after they have once presented, or⁴
[006] those to whom they have transferred the thing have once presented, die or cease to
[007] possess, [how the owner ought to be aided if the church happens to fall vacant⁵
[008] may be drawn well enough from what has been said above by way of example.] And
[009] what has been said of those who possess in their own name may be said of those who
[010] possess in the name of their church. The words ‘in time of peace’ also appear, which
[011] are used to distinguish things done in time of war.⁶ The distinction is between a time
[012] of law and a time of lawlessness, for there is a time of lawlessness when violent oppressions
[013] and wrongful disseisins, which cannot be resisted, are committed. But it may
[014] at any time be a time of war and a time of peace, not absolutely but with respect to
[015] some, not all, for one may use his right in time of war as in time of peace, as where
[016] when he wishes to use it, at either time, he is not forcibly or wrongfully prevented
[017] from doing so; it will then be a time of peace, at both times.⁷ And if the contrary is
[018] true, it will then be a time of war at both times. A time of peace may be seen and
[019] recognized in this way. One may present peaceably [and] without any contradiction
[020] before a general war, during the war, and after the war. Each of those presentations
[021] will be good and valid so far as seisin of the presentation is concerned, because none
[022] of them can be called wrongful or forcible. Conversely, whenever violence is used
[023] such seisin may be called wrongful, and therefore, so to speak, void, since acquired in
[024] time of war, not of peace. Thus at one and the same moment it may be a time of
[025] peace and a time of war, the one for some and the other for others, though the war is
[026] called general.⁸ In time of war, gifts and contracts may be made by the agreement⁹
[027] of the giver and receiver, just as in time of peace. And conversely, in time of peace
[028] wrongful oppressions, robberies and wrongful disseisins may take place, under the
[029] form of peace, just as in time of war. Thus from the things done in each time each
[030] must be judged, that is, of what kind it is, as to some peaceful, as to others warlike,
[031] that therefrom an exception may or may not be given the deforciant. The writ also
[032] says ‘he presented etc.’ We must see, therefore, whether the parson presented

Notes

1. ‘licet’ for ‘et’

2. ‘possidet,’ as Fleta, v. ca. 14

3. ‘sit,’ as Fleta

4. ‘vel’

5. Infra 222, 226

6. Om: ‘quod idem . . . guerrinum’

7. B.N.B., no. 412 (margin): ‘Nota quod presentatio utroque tempore, scilicet, tempore pacis et tempore gerre.’

8. Infra iv, 171

9. ‘voluntate’