CHAP. VII.
But, although a Church be not vacant, a dispute may arise concerning the Advowson of it, if the Parson of the Church, or he who is invested with that Character, derive his Title from one Patron, at the same time as another Person, conceiving himself to be the more rightful Patron of such Church, lay claim to the Advowson. In such case, the following Writ shall be issued upon his application.
CHAP. VIII.
“The King to the Sheriff, Health. Summon, by good Summoners, the Clerk N., Parson of such a Church, that he be before me, or my Justices, at Westminster, on such a day, to shew of what Patron he holds himself in that Church, the Advowson of which the Knight M. claims to belong to him. Summon also, by good Summoners, N. who deforced him of the Advowson, that he be there to shew why he deforced him of that Advowson, and have there the Summoners and this Writ. Witness, &c.”
CHAP. IX.
If, after the Clerk has been summoned, he neither appear on the appointed day, nor send any one to excuse his absence, neither on the first, second, nor third summons, it may be doubted, by what mode he should be distrained to appear in Court, especially if he possess no lay Fee, to which recourse can be had for such purpose.[135] A similar doubt may be proposed upon the course to be pursued, should he, after having thrice essoined himself in Court, neither appear on the fourth day, nor send an Attorney to answer for him.
Should either of these cases occur, let the Bishop of the place, or his Official, if there happen to be no Bishop, be enjoined to distrain the Clerk to appear in Court, or to punish his default, by taking the Church into his hands, or to distrain the Clerk by some other lawful means.
When, at last, the Clerk appear in Court, he will either acknowledge the Demandant as Patron, and admit that he was instituted upon his Presentation, or upon that of one of his Ancestors, or he will allege some other person to be the Patron.