Bracton: Thorne Edition: English. Volume 3, Page 333

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Volume 3, Page 333

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[001] consent because of some incidental exception outside the assise, let the oath then
[002] be made thus,¹ no mention made of a view made.

Another form, in the manner of a jury.

[004] ‘Hear this, O justices, that I will speak the truth as to what you ask me on behalf of
[005] the lord king and I will in no way omit etc.’ It will then be necessary to inform the
[006] jurors upon what things they ought to speak the truth, thus: ‘You shall say upon
[007] your oath whether so much land with the appurtenances in such a vill is free alms etc.’
[008] And accordingly let the enrolment be made thus: ‘The jury comes to recognise if
[009] etc.’ And in accordance with the verdict of the jurors the judgment issues, depending
[010] upon whether they know or do not know or are in doubt.

Of the several remedies to which a parson is entitled as well as a layman.

[012] There are also a number of remedies which lie for a parson just as for a layman, that
[013] is, the assise of novel disseisin on his own seisin, if the parson has been disseised.
[014] Also the writ of entry on his own seisin or that of one of his predecessors. Also the
[015] assise utrum etc. All these lie for a parson just as for a layman. There are some which
[016] lie for a layman only, as an action of succession, where a descent is made from ancestor
[017] to heir, which cannot be in the case of a parson, as where a layman claims the
[018] seisin of his ancestor against a parson, [by mortdancestor], in which case the matter
[019] must proceed as between any other persons. If he claims by writ of right, the parson
[020] either has a warrantor or does not. If he has a warrantor and he warrants him, let the
[021] case proceed between warrantor and demandant as between any other persons, to
[022] the duel or² the grand assise. If he has no warrantor, or³ wishes to answer in his own
[023] person, he will have two remedies, because of the writ of right, and may have the
[024] one he chooses. If the time allowed for proof permits one to testify of his own sight
[025] and hearing, he may then put himself on a jury, if he wishes, as to whether the land
[026] claimed is the free alms etc. or the lay fee [etc.], as though the layman had claimed by
[027] the assise at the outset, [The proprietary action is not thereby changed into a possessory
[028] action, though it [the assise] determines both.] [or] defend himself by the
[029] duel or the grand assise, of necessity, since no one may speak of his own sight or
[030] hearing because of the great length of time. That will be allowed him because of
[031] necessity, since he cannot defend by the assise, if the authority of the ordinary⁴
[032] and the consent of patrons is secured. If one holds land of a church in free alms for
[033] service and commits a felony or dies without an heir, the tenement will be the escheat
[034] of the church

Notes

1. Om: ‘in modum iuratae,’ redundant

2. ‘vel’

3. ‘vel’

4. ‘ordinarii’