Legal Definitions - assisa ultimae praesentationis

The term assisa ultimae praesentationis is a historical legal concept originating from medieval England. It refers to a specific type of legal action, or "assize," that was used to quickly resolve disputes over who had the right to appoint a new cleric to a vacant church position, such as a rectory or vicarage (known as a benefice).

When a church position became vacant and multiple parties claimed the right to "present" (nominate) a new priest to the bishop, this legal action would determine the immediate right to do so. The court would decide by examining who had made the last successful appointment to that particular church position when it was previously vacant. This was a possessory action, meaning it focused on recent practice and possession of the right, rather than definitively establishing the ultimate, long-term ownership of the right to appoint. Its primary purpose was to ensure that churches did not remain without clergy for extended periods due to lengthy legal battles over patronage.

• Example 1: Imagine a small village church where the rector has just passed away. Lord Ashworth claims the right to appoint the new rector because his family has owned the surrounding lands for generations. However, Lady Beatrice, who recently acquired a neighboring manor, also asserts her right to appoint. To resolve this immediate dispute and ensure the church doesn't remain vacant, an assisa ultimae praesentationis would be initiated. The court would investigate records to see whether Lord Ashworth's family or Lady Beatrice's predecessors (or any other party) made the last successful appointment to that specific rectory before the recently deceased rector took office.

  This example illustrates how the action focuses on the most recent historical appointment to quickly settle a dispute over who gets to present the next cleric, rather than delving into complex land ownership claims.

• Example 2: A wealthy monastery has historically held the right to appoint the vicar for a parish church in a nearby town. However, a powerful local guild, which has grown significantly in influence and wealth, now claims the right to appoint the new vicar after the previous one retires. The monastery and the guild both petition the bishop. An assisa ultimae praesentationis would be used to determine which party had successfully presented the *last* vicar to that parish church.

  This example demonstrates how the legal action provided a swift resolution by looking at the immediate past, preventing the church from being left without a spiritual leader while deeper claims of right were potentially litigated elsewhere.

• Example 3: Sir Reginald sells a portion of his estate, including a small chapel, to a merchant, Master Thomas. The deed of sale is ambiguous about who holds the right to appoint the chaplain for the chapel. When the current chaplain dies, both Sir Reginald and Master Thomas claim the right to present a new one. An assisa ultimae praesentationis would be brought to determine who had exercised the right of presentation the *last time* the chaplaincy was vacant, before the sale of the land.

  This example highlights how the action focused on the practical exercise of the right in the immediate past, providing a temporary but effective solution to ensure the chapel could continue its services.