Legal Definitions - darrein presentment

Darrein presentment is a historical legal term from English law, referring to a specific type of lawsuit used to quickly resolve disputes over who had the right to appoint a cleric to a vacant church position, such as a rector or vicar. The term "darrein" comes from Old French, meaning "last."

This legal action, known as an "assize of darrein presentment," focused on determining who had made the last successful appointment to that particular church benefice. It was a swift remedy designed to prevent a patron (the person or entity with the right to appoint a cleric) from losing their right simply because someone else had tried to make an appointment, or because the position had been vacant for an extended period. Essentially, it confirmed the rightful patron based on the most recent legitimate exercise of that right.

• Example 1: Disputed Inheritance of Patronage

  After the death of the local lord, two distant cousins, Lady Isabella and Sir Geoffrey, both claim the right to appoint the new priest for the village church. Lady Isabella initiates an action of darrein presentment. She presents evidence that her great-aunt, who was the undisputed patron before the late lord, was the last person to legitimately appoint a priest to that church. By proving this historical fact, Lady Isabella aims to establish her claim as the rightful heir to the patronage, demonstrating a continuous line of right from the last legitimate appointer.

• Example 2: Challenging a Bishop's Appointment

  When the rector of St. Jude's Parish passes away, the local bishop, believing the patronage right has lapsed to the diocese, attempts to appoint his own candidate. However, the Duke of Northumberland, whose family has historically held the patronage, disputes this. The Duke would bring an action of darrein presentment, presenting charters and records to show that his grandfather was the last legitimate patron to appoint a rector to St. Jude's. This legal action would challenge the bishop's claim by reaffirming the Duke's family's long-standing right based on the most recent valid appointment by a lay patron.

• Example 3: Patronage Tied to Land Ownership

  Lord Ashworth recently purchased the manor of Blackwood, which historically included the right to appoint the vicar of the local chapel. When the vicarage becomes vacant, a neighboring baron, Lord Fenwick, tries to appoint his own relative, claiming the right was never properly transferred with the manor. Lord Ashworth would use darrein presentment to prove that the previous owner of Blackwood Manor, from whom he acquired the property, was the last person to legitimately present a vicar. This would confirm that the right of patronage is now rightfully his as the new owner, based on the last valid exercise of that right by his predecessor.