Bracton: Thorne Edition: English. Volume 3, Page 327

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Volume 3, Page 327

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The form of writ for a rector.

[002] ‘The king to the sheriff, greeting. Order A. that rightfully and without delay he
[003] permit B. the rector of such a church to have his common of pasture in his land of such
[004] a vill, of which C.¹ his predecessor, formerly rector of the same church, was seised as
[005] appurtenant to his church on the day he died, as [B.] says. And unless he does so
[006] summon etc. (as above).’ The same writ could be used, so it seems, in the case of all
[007] other parsons who can claim in the name of their church the lands, tenements and
[008] rights of which their predecessors die seised as of the right of their church, as archbishops,
[009] bishops, abbots, priors, canons of prebendal churches, and other rectors
[010] of churches, nor do I know any reason against it, since there is the same reason in all.
[011] On the day of summons the deforciant may essoin himself if he wishes. If he defaults
[012] some think that the procedure because of the default is that the pasture be seized
[013] into the king's hand, as though it were a real action, which, it is submitted, ought not
[014] to be, since the action is personal rather than real and thus attachment rather than
[015] seizure is proper.² But whether it is one or the other,³ [the manner of proceeding will
[016] appear sufficiently below.]⁴ But whatever the procedure, when begun by this writ
[017] the matter cannot become a proprietary action, since it only lies in a possessory
[018] action, as may be seen immediately above. This writ, like the assise of mortdancestor,
[019] may be answered in many ways, and determined by a jury and inquest,
[020] according to what is alleged and denied.⁵ There is also another writ, specially drawn
[021] in response to a plaint, which is partly and to some extent similar to the writ of
[022] mortdancestor and partly like that of novel disseisin, which may be determined
[023] outside the county without prejudice to the common liberty,⁶ which is this.

Another writ drawn which is like mortdancestor and partly like novel disseisin.

[025] ‘If A. the son of B. has made you secure etc. then summon C. by good summoners to
[026] be etc. to show by what warrant he holds himself in so much land with the appurtenances
[027] in such a vill which the aforesaid B. father of the said A., whose heir he is, in
[028] our court etc. recently recovered against the same C. by an assise of novel disseisin
[029] there taken between them, and of which the aforesaid B. was seised as of fee on the
[030] day he died, as is said.’ The same writ may be used for common of pasture, thus:
[031] ‘to show why he [C.] does not permit such a one to have his common of pasture in
[032] his land of such a vill, which such a one, his ancestor, whose heir he is, recently
[033] recovered in our court etc. against [C.] by an assise of novel disseisin as

Notes

1. ‘C’

2. Supra 185

3. Deleted

4. Infra iv, 365

5. Supra ii, 20

6. Magna Carta (1215) ca.18; (1225) ca.12; supra ii, 301, iii, 252