Bracton: Thorne Edition: English. Volume 3, Page 237

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Volume 3, Page 237

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[001] of the bishop's grace,¹ the aforesaid B. may have it. Therefore we order you, notwithstanding
[002] the claim of the same B., to admit on the presentation of the same A. a suitable
[003] parson to the same church, saving however to the same B. the said payment of
[004] six marks with the aforesaid increase, if he may have that of your grace and with
[005] decency.’ If one recovers his presentation by judgment, by virtue of the farm he has
[006] of some manor with all its appurtenances, no reservation having been made, then let
[007] the writ to the bishop be in this form.

If there is recovery by judgment by reason of a farm.

[009] ²‘The king to such a bishop, greeting. Know that A. in our court before our justices
[010] etc. by the decision of our same court recovered seisin of his presentation to such a
[011] church against B., because the aforesaid A. has the manor of N. at farm from the
[012] aforesaid B. with all its appurtenances, no reservation made (or ‘with certain things
[013] specially reserved but without mention made of the advowson’) as appears clearly
[014] by the charter of the same B. which the same A. produced in our same court before
[015] our same justices and which the same B. in the same court acknowledged. Therefore
[016] we order you, notwithstanding the claim of the said B., to admit a suitable parson to
[017] the said church on the presentation of the aforesaid A. by reason of the aforesaid
[018] farm, in accordance with what was said above. Witness etc.’

If charters are produced against a minor.

[020] If a minor within age brings an assise and the charters of his ancestors are put forward
[021] against him, to which, being under age, he cannot answer (or if one brings a writ of
[022] quare impedit against him and produces a charter in court to which the minor cannot
[023] answer) so that the plea must of necessity remain until he reaches full age, in order³
[024] that he who is under age may in no way be prejudiced,⁴ by counsel of the court let the
[025] parties choose a clerk and present in common, reserving a certain minimum payment,
[026] as was said above,⁵ and let a writ issue to the ordinary of the place in this form.

Writ for the admission of a clerk where the parties agree upon a clerk because of a minor who cannot answer to charters.

[028] ‘The king to such a bishop, greeting. Know that when A. who is under age sought
[029] against B. in our court before our justices etc. the advowson of such a church by an
[030] assise of darrein presentment there summoned between them, it was finally agreed
[031] between them that they should jointly present a suitable parson

Notes

1. ‘de gratia episcopi’

2. This may be the writ sent to the bishop of Winchester mentioned in B.N.B., no. 395 (Easter 14; no roll extant), where the termor recovered by quare impedit

3. ‘pro eo’

4. Om: ‘et ita quod’

5. Supra 214, 219