Pleas concerning Ecclesiastical Advowsons[128] are accustomed to be agitated, as well when the church is vacant, as when it is not vacant. If, upon a vacancy of a church, he who is seised of the Advowson should present a Parson[129] to it, and any one should question the Presentation and claim it, then, it must be distinguished, whether the dispute be concerning the Advowson itself, in other words, the right itself of presenting a Parson, or whether it merely relates to the last Presentation, that is, the Seisin of the right of presenting a Parson. If the dispute merely concern the last Presentation, and the Claimant allege, that he or one of his Ancestors had the last Donation and Presentation, then, the Plea shall be discussed by the Assise appointed concerning Ecclesiastical Advowsons; and an Assise shall be summoned to make Recognition, what Patron in time of peace presented the Parson who last died to that Church; and concerning this Assise we shall speak more fully hereafter,[130] when we come to treat of other Recognitions. The party who by this Assise proves in Court the last Presentation, shall thereby recover Seisin of the Presentation of the vacant Church, concerning which the dispute is; so that he shall lawfully present a Parson to the Church, saving the right and claim of the Demandant with respect to the Right of Advowson.
But, if the right of Advowson be the sole subject of dispute, then the Demandant should subjoin to his claim, that he, or one of his Ancestors, had the last Presentation of that Church; or, he should concede, that his Adversary, or one of his Ancestors, had the last Presentation; or, he should allege, that some third person had the last Presentation; or, in fine, that he knows not who had it.
Whichever of these courses he pursues, if his Adversary claim the last Presentation, as made in his own person, or in that of one of his Ancestors, the Recognition shall in every instance proceed upon the Right of Presentation, unless in one only of the foregoing cases, namely, when the Demandant concedes to his Adversary, that he or one of his Ancestors, enjoyed the last Presentation, for then, without having recourse to a Recognition, he shall present one Person at least. The last Presentation being decided by the Assise or by some other legal mode, and a Parson being instituted into the Church upon the Presentation of the successful party, then shall the person, who is inclined to contend for the Right of Advowson, have the following Writ.
CHAP. II.
“The King to the Sheriff, Health. Command N. that, justly and without delay, he relinquishes to R. the Advowson of the Church, in such a Vill, which he claims to belong to him, and of which he complains that he unjustly deforced him; and, unless he do so, summon him by good Summoners, that he be on such a day before us, or our Justices, to shew why he has failed; and have there the Summoners and this Writ &c.”
CHAP. III.
The Party[131] being summoned may avail himself of the same number of Essoins, and that by the same means, as we have already detailed, in treating concerning Pleas affecting Land. Supposing, then, that after having cast three Essoins, he should neither appear nor send an Attorney on the fourth day, it may be asked what the Law is?
In such a case, the seisin of the Presentation of the Church shall be taken into the King’s hands, and that by the following Writ.