| 1346.067rs |
1346 |
Common Pleas |
Darrein presentment |
Drein Presentement |
| Pasch. |
20 |
Edw. 3 |
26 |
RS 211-213 |
Derworthy, Hamon Sjt (for D)
Huse, James Sjt Husee (for P)
Derworthy, Hamon Sjt
Greene, Henry Sjt Grene (for P)
Skipwyth, William de Sjt (for D)
Greene, Henry Sjt Grene
Shareshull, William de JCP Schars |
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Salisbury, Bishop of |
Bouclond (Buckland) by Melcombe Regis, Dorset (from record) |
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| Fitzherbert Darrein Presentment 12 |
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| Assise de Drein Presentement. Le pleintif fit sa demoustrance qil fut seisi del maner a qi lavowesoun, |
37 |
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Robert Wyvil was Bishop of Salisbury from 16 Apr. 1330 to 4 Sept. 1375. |
| Summary: Assize of Darrein Presentment. The plaintiff made his declaration that he was seised of the manor to which the advowson was appendant, and presented, and that afterwards the church became vacant, and therefore the Bishop of Salisbury, as ordinary, provided, by reason of the period of six months having passed, in right of the plaintiff. The defendant said, judgment of the declaration, because in an assize of darrein presentment, the plaintiff would commence with the last presentation, and would allege other presentations previous to that, going upwards, and here he had alleged the presentations coming downwards, as he would do in a quare impedit; judgment. The plaintiff said that the matter of his declaration proved that he could not do as the defendant said, because to commence with the provision of the ordinary, without showing how that was in his right by a presentation previously made, would not be in due form; therefore it was necessary to commence higher up than at the last presentation. And the declaration was adjudged good. The defendant said, still, judgment of the writ, because in case anyone other than himself or his ancestor presented the last parson, he would have a quare impedit, and not a darrein presentment. The plaintiff said that, if his guardian presented, he would have a darrein presentment, so also in this case. And afterwards the writ was adjudged good. The defendant said that the person whom the plaintiff supposed himself to have presented was not received or instituted on his presentation; judgment. The plaintiff said that the Court saw plainly how this writ was taken on the last presentation which he had supposed to have been made by the ordinary in his right, to which presentation the defendant had answered nothing; judgment whether the plaintiff had any need to answer to that which the defendant had said; and he prayed the assize. Shareshull JCP said that this was an assize of darrein presentment, in which even though the party said nothing the plaintiff would still have the assize; and that which the defendant had pleaded was a traverse of the plaintiff's declaration, against which the plaintiff need not make any replication any more than in an assize of novel disseisin; if, in that, a party denied the disseisin, the assize would be taken, without any replication having been made to that. Therefore the assize was awarded. |
BL MS Harleian 741
Isham MS |
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| Luke Owen Pike, Year Books of the Reign of King Edward the Third: Year XX (First Part), Rolls Series no. 31, part B, vol. 14 (London 1908), pp. 210-213 |
| Placita de Banco, Pasch. 20 Edw. 3, Ro. 2 d |
0 |
Colbere, Eleanor, widow of Robert of |
Walle, Reginald atte |
2004-07-20 |
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