| 1372.064 |
1372 |
|
Quare impedit |
Quare impedit
Incumbent
Briefe
Judicium |
Percy, Henry Sjt Persay (for D)
Belknap, Robert Sjt (for P)
Percy, Henry Sjt Persay
Belknap, Robert Sjt
Percy, Henry Sjt Persay
Fyncheden, William de CJCP Finch
Tauke, William Sjt Tank
Fyncheden, William de CJCP FInchden
Belknap, Robert Sjt
Fyncheden, William de CJCP FInch |
Wilton |
Abbess of |
|
|
|
Blebur', John, deceased incumbent |
Chalk', prebend of (Cholsey in Fitzherbert)
Wilton, church of |
|
Fitzherbert Encumbent (not Incumbent) 2
Brooke Brief (not Briefe) 75 (not 76)
Brooke Quare impedit 37
Statham Quare impedit 18 |
cross-referenced in margin of 1378.014am = Mich. 2 Ric. 2, pl. 5, Ames 55-57 |
the statute (giving incumbent a plea in quare impedit where the king is a party) = 25 Edw. 3 (1352), stat. 6, ch. 7 (incumbent may traverse the king's title if the patron pleads faintly) |
| Quare impedit per l'Abbesse de Wilton vers Edward Shurdestone, de la proviendre de Chalk', & l'Abbesse |
19 |
|
Benedictine Abbey (nuns) of St. Mary, St. Bartholomew, and St. Edith at Wilton, Wiltshire |
| Quare impedit by the Abbess of Wilton against Edward Shurdestone for the prebend of Chalk'. The abbess counted that it belonged to her to present, as of the right of her church of Wilton, and that the church was now vacant by the death of John Blebur'. The defendant said, judgment of the writ, because this writ was purchased in the life of the said John. The plaintiff said that the Court saw plainly how the defendant did not claim anything in the patronage; judgment if any law compelled her to answer to this plea. The defendant said that it lay in his mouth to say that he was in the prebend, so that another patron would not have the plea. The plaintiff said no, that this would be in effect to allege plenarty, which did not lie in any mouth except the mouth of the patron. The defendant said that, in case the heir brought a Quare impedit after the death of his ancestor, it would be a good plea in abatement of the writ to say that the father was alive at the time the writ was purchased; also here. Fyncheden CJCP said that it was not a wonder (mervaile) there, because he could not have the presentment as heir in the life of his father. A serjeant said that in a writ of Intrusion, where the plaintiff demanded as heir, it would be a good plea to say that the plaintiff's ancestor was alive at the time the writ was purchased; so here. Fyncheden JCP said that in his case he proved that there was no intrusion at the time etc. The plaintiff said that at the common law no one had a plea in a Quare impedit if he did not claim the patronage, but now it was given by the statute only for the incumbent, where the king was a party, and in no other case; judgment if he would have the plea. Fyncheden CJCP said that the reason for the law, because a stranger would not have the advantage of alleging plenarty, was because it went to the action and put the plaintiff to his writ of Right, but here by his plea, the defendant gave the plaintiff a similar writ of the same nature, so it seemed to him that the defendant would be admitted (aviendr') to have the plea. And then the writ abated by award. |
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