A.D. 1340. never confirms the estate of a purchaser of land which is holden of him before the purchaser has become his tenant, and this must be by suing it out of his hand and making fine &c.; wherefore the writ which you give for the King would be bad.-And the writ was held to be good. And note that WILLOUGHBY said that if a man in religion appropriate a church which is of his own patronage without the King's license, it is not forfeited, for the advowson was in mortmain before.

Rokell. W. de Clyf never had anything by gift from J. Pycot; ready &c. And he made protestation that he did not admit that J. Pycot was seised of the advowson, or that it was appendant to the manor of H., or that it was held in capite, &c.-Parning imparled, and came back, and said:-Although they make protestation that they do not admit &c. (as above), you see clearly that they have not denied the King's title except the alienation by J. Pycot, and, as to that, they ought not to be admitted to the averment, for we tell you that in the 18th year of the King, the father &c., a fine was levied between W. de Clyf and J. Pycot of certain tenements and the advowson, in, which J. acknowledged the tenements and the advowson to be the right of W., and rendered to him the advowson and released to him his own right in the tenements. (And he showed the fine sub pede sigilli, and the writ to allow it.) And we demand judgment, since the alienation is proved by record, whether to the averment &c., and we pray a writ to the Bishop.-Rokell. We are a stranger to the fine by which he would oust us from the averment. -WILLOUGHBY. An advowson is a thing which cannot be handled, wherefore it passes by words, which words are of record before you; wherefore, be you privy or stranger, shall not have the averment.-Rokell. Then we tell you that at the time when the fine was levied J. Pycot had nothing, but one William de Sutton the younger was seised of two messuages and 40 acres of land to which the advowson is appendant, and of the advowson,

you

2

la forme de bref. Ovesqe ceo, le Roi afferma jammes A.D. 1340. lestat un purchaceour de terre qest tenu de lui devant qil soit devenu son tenant, et ceo covient estre par suyte hors de sa mayn et par fine faire &c.; par quei le bref qe vous donez serreit malves bref pur le Roi. -Et le bref fust agarde bon.-Et nota qe WILBY dit qe si homme de religioun apropre eglise qest de savoerie demene sanz conge le Roi, qe la chose nest pas forfaite, qar lavoesoun fust amorti devant. Rokel. W. de Clyf1 navoit unqes rien de doun J. Pycot ;2 prest &c. Et fist protestacion qil ne conust pas qe J. Pycot fust seisi del avoesoun, ne qil fust apendant al manoir de H., ne qil fust tenu en chief &c.-Parn. enparla, et revient, et dit:-Coment qils fount protestacion qil ne conisent pas, ut supra, vous veet bien qil nount pas dedit le title le Roi sauf lalienacion J. Pycot, et, qaunt a ceo, al averement ne deivent il avenir, qar nous vous dioms qe lan xviii. le Roi pere &c. fyne se leva entre W. de Clyf1 et J. Pycot 2 des certeinz tenementz et lavoesoun, ou J. conisast les tenementz et lavoesoun estre le dreit W. et lui rendist lavoesoun et relessa son dreit en les tenementz. Et mostra la fyne sub pede sigilli et bref dalower. Et demandoms jugement, del houre qe lalienacioun est prove par record, si al averement &c., et prioms bref al Evesqe.-Rokel. Nous sumes estrange a la fine par quei il nous oust del averement.-WILBY. Avoesoun est chose nient maniable, par quei ele passe par paroule, quele parole est de record devant vous; par quei, soiez vous prive ou estrange, vous naverez pas laverement.-Rokel. Donqes nous vous dioms qe a temps de la fyne leve J. Pycot navoit rien, einz un William de Sutton le puisne fust seisi de ij. mesuages, et xl. acres de terre [a] qi lavoesoun est

1 T., Chief, instead of de Clyf. 2 T., Bigot.

2

3

3 T., R., instead of William de Suttone le puisne,

A.D. 1340. and was so before the fine, and at the time of the fine, and after the fine; judgment whether by the fine you can oust us from our answer.-Parning. You ought not to be admitted to that, for the seisin of J. Pycot was before held as not denied by you, as was the rest of the title, except the alienation which we have here of record, which by law ought to be held as good for us as if it had been tried by the country, and more so; wherefore we pray a writ &c. And, besides, you might at the commencement have taken the issue on the seisin of J. Pycot, and, as you would not, the seisin is, as it were, admitted.-Thorpe. I could not do that, for at the commencement you made your title generally from the alienation, which might refer to any time, so that then I could have had only a general issue on his seisin, that is to say, that he was never seised, whereas it is possible that he was seised long before, so that the averment would have passed against me; but when you refer your plea by the fine to a special and certain alienation at such a time, I shall have a special answer. Besides, our plea is in proof of our first averment and is pursuant to it; for if J. Pycot had nothing when the fine was levied, then he could not aliene. And as to your statement that the seisin of J. and all the rest (as above) should be held as not denied, it could not be so, unless it had been the fact that the King had been willing to accept the averment and abide the finding upon the issue. Then it would be so, but not before. But now the King by the fine ousts us from the averment, wherefore by law he gives us another answer.-Parning. That is held as not. denied, the contrary of which you offer to aver. Besides, you do not deny that J. Pycot held the advowson (as above) of the King, whose possession we have affirmed by a presentation; and you do not show how by the King's license he devested himself of it, nor that you by license have come to it; wherefore you do not disprove the King's right.-Thorpe. We are strangers except as to the alienation which J. made to W., which we have

apendant, et de lavoesoun, et fust devant la fine, A.D. 1340. et en la fyne, et puis la fyne; jugement si par la fyne nous puissez de nostre respouns ouster.—Parn. A ceo ne devez estre resceu, qar la seisine J. Pycot1 fust tenu a nient dedit de vous devant, et come le remenant, sauf lalienacioun quel nous avoms icy de record, quel nous deit par ley tenir lun come si ele fust trie par pais et plus avant; par quei nous prioms bref &c. Et, ovesqe ceo, vous purrez a comencement aver pris lissue sur la seisine J. Pycot, et qaunt vous ne voudrez pas, la seisine est come conu. Thorpe. Ceo ne poay jeo pas, qar a comencement vous fistes vostre title generalment del alienacioun, qe poait referrer a chescun temps, issi qadonqes jeo ne poay aver eu fors issu general sur sa seisine, saver qil ne fust unges seisi, ou il est possible qil fust seisi long temps devant, issi qe laverement ust passe contre moi; mes quant vous referrez vostre plee par la fyne sur especial et certeine alienacioun a tiel temps, avera jeo especial respons. Ovesqe ceo, nostre plee prove nostre primer averement et est pursuant; qar si J. Pycot navoit rien qant la fine se leva, donqes ne poet il aliener. Et a ceo qe vous parlez qe ceo serreit tenu a nient dedit la seisine J. et tout le remenant, ut supra, il nest pas issi sil nust este issi qe le Roi nust volu aver resceu laverement et sur lissu trove. Donges serreit il issi, mes devant nient. Mes ore le Roi par la fyne nous ouste del averement, par quei il nous doune par ley autre respons.-Parn. La chose est tenu a nient dedit, le contrary de quel vous tendez daverer. Ovesqe ceo, Vous ne dedites pas qe J. Pycot1 ne tient pas, ut supra, du Roi lavoesoun, qi possession nous avoms afferme par presentement; et Vous ne mostres pas coment conge du Roi il fust demys, ne que Vous par conge estes avenu; par quei vous ne desprovez pas le dreit le Roi. Thorpe. Nous sumes estrange fors al

1 T., Bigot.

par

A.D. 1340. traversed, and that is sufficient for us upon this writ; and if the King have an action through the alienation made to another, it will be by another writ with another count.-Parning. You have not denied that the advowson was appendant to the manor, and that J. Pycot presented as appendant, which presentation makes him tenant of the advowson; wherefore you shall not be admitted to aver that another was tenant at the time when the fine was levied, without showing how; and, moreover, you ought to show how by the King's license you came to it; for you plead as patron, and otherwise you will not have such a plea.-Thorpe. We are not in a case in which it is necessary to make a title to ourselves except by disproving the King's title, and that is sufficient for us; and I say that he whom we make tenant of the advowson can have come to it in many ways; thus &c.-Parning. You make the advowson appendant, at the time when the fine was levied, to two messuages and 40 acres of land in the seisin of one W., which land can only be understood as parcel of the manor, to which you have not denied that the advowson is appendant; therefore you can not be admitted to say that the advowson is appendant to a parcel, and so severed from the gross, if you do not show how, by a special deed; for if W. de Clyf brought his Quare impedit against you and made title to himself by saying that J. Pycot was seised of the manor to which &c., and presented, and afterwards rendered the advowson to him by fine, you would not be admitted to say that you were seised of so much land to which the advowson is appendant without showing how it could be appendant; no more can you in this case.Thorpe. I think that I should be; and I say that it is not held as not denied by us that the church was appendant to the manor, nor any other part of the King's title, until something else be tried for him on which he ought to have his judgment for him. And even though it should be held as not denied, still the fact might be in many ways, for instance by parcenary, by recovery, by alienation; wherefore it is sufficient to aver as I have