Bracton: Thorne Edition: English. Volume 3, Page 229

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Volume 3, Page 229

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[001] could be appurtenant, nor had he nor any ancestor ever been in seisin of the presentation,
[002] though many confirmations of [the gift] had been made by chief lords and also
[003] by bishops, because the gift was completely void, neither begun, so to speak, nor
[004] completed. To the same intent [in the roll] of Easter term in the tenth year of king
[005] Henry in the county of Leicester, an assise of darrein presentment between Walter
[006] of Rideware and the prior of Dudelegh concerning the church of Seyle,¹ where it is
[007] said that the aforesaid Walter could take nothing because the earl de Ferrers, who
[008] gave the manor to which that advowson belonged to the aforesaid Walter, did so
[009] before he had presented. To the same intent [in the roll] of Michaelmas term in the
[010] ninth and the beginning of the tenth years of king Henry in the county of York, an
[011] assise of darrein presentment between the prior of Lewes and Adam of Newmarket
[012] concerning the church of Hatfield,² where the case was this: a certain person, the
[013] grandfather, that is, of the same Adam on his mother's side, presented to the aforesaid
[014] church and afterwards gave the manor with the advowson in maritagium with
[015] his daughter to a certain person. Before the church had become vacant they gave that
[016] land with the advowson over in maritagium with one of their own daughters. The
[017] church did not become vacant in their lifetime but first became so in the time of their
[018] heirs. The aforesaid Adam brought an assise of darrein presentment on the seisin of
[019] his grandfather aforesaid, the first donor, and recovered by the assise notwithstanding
[020] the gift, because the first donee never had seisin of the presentation.

[Quare impedit:] When one is summoned [to answer] why he impedes.

[022] Not everyone to whom a presentation belongs can sue on his own seisin or that of his
[023] ancestors, as in the cases above. Hence for those who have never presented, though
[024] the right to present belongs to them, for life or in perpetuity, through some causa
[025] of acquiring, through the causa of gift or in some other way, [as where] they have
[026] recovered by judgment a right they never had,³ a remedy lies for them, if they are
[027] impeded so that they cannot present, by this writ.

The writ of Quare impedit.

[029] ‘The king to the sheriff, greeting. Since A. has made us secure with respect to his
[030] claim etc., put B. by gage and safe pledges that he be etc., to answer the same A. as
[031] to why he impedes the same A. from presenting a suitable parson to

Notes

1. B.N.B., no. 1758; C.R.R., xii, no. 2641; supra ii, 164

2. B.N.B., no. 1685; C.R.R., xii, no. 1423; supra ii, 164

3. Om: ‘sive . . . habuerint’