Bracton: Thorne Edition: English. Volume 3, Page 225

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Volume 3, Page 225

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[001] one church, which is vacant, quaere if one of them ought to be preferred, or if all
[002] ought to present together and agree, or if some ought to be preferred to the others
[003] by reason of seniority or because they are a majority. It is clear that all must present
[004] together and agree on [one] clerk,¹ otherwise the bishop will appoint, whether they are
[005] of full age or not, unless, when they are of full age, the inheritance is partitioned and
[006] divided or it has otherwise been agreed among them. Nor, if each of them should wish
[007] to present his clerk separately, will there be any place for the bishop's discretion,
[008] because he could not receive a clerk on the presentation of one co-heir without prejudice
[009] to the other. He could choose, however, if one who had the entire right of
[010] presentation presented two clerks or several, at the same time or different times.
[011] With respect to one vacancy and one presentation to one church several may be
[012] plaintiffs, and for different reasons. Two or more may claim the presentation by the
[013] assise by reason of succession or on their own presentation; one or more by reason
[014] of dower or some other way of holding for life, according to the different kinds of
[015] presenting, by writ of quare impedit or quare non permittit, because she has some part
[016] of the vill in which the church in question is situated and ought to present in turn
[017] and successively,² and for many other reasons. All of these claims must at the outset
[018] be carefully investigated³ in order, so that, examination having been made, it may
[019] be known to whom the action belongs and to whom it does not. In the letters to be
[020] sent to the bishop mention must be made of what was done with respect to each,⁴
[021] [as] by this writ, given as an example.

Writ sent to the bishop.

[023] ‘The king to the bishop, such a one, greeting. Know that such a one in our court etc.
[024] recovered his seisin against such a one by the assise of darrein presentment etc. Know
[025] also that when A. B. and C. were summoned before our same justices etc. to hear the
[026] aforesaid assise, that is, who as patron etc., the aforesaid A. and B. appeared and
[027] consented to the presentation (or ‘gave their assent’ or ‘acknowledged etc. to such
[028] a one his presentation to the same church’) and the aforesaid C. acknowledged before
[029] the same justices that he claims no right in that presentation except as the procurator
[030] of such persons for making a presentation when the aforesaid church happens to be
[031] vacant. And therefore we order you, on the presentation of such persons and notwithstanding
[032] the claim of such a one, to appoint a suitable parson etc.’ In the aforesaid
[033] form and manner

Notes

1. Supra ii, 223, iii, 130, 205

2. Supra 221

3. ‘examinari’

4. Infra 234