401 Spoliation.
SPoliation, is a suite for the fruites of a Church, or for the church it self, and it is to bee sued in the spiri∣tuall
An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set forth & augmented, both in French & English, for the help of such yong students, as are desirous to attaine to the knowledge of the same
About this Item
- Title
- An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set forth & augmented, both in French & English, for the help of such yong students, as are desirous to attaine to the knowledge of the same
- Author
- Rastell, John, d. 1536.
- Publication
- At London :: Printed by th'assignee of Charles Yetsweirt Esq. deceased. Cum priuilegio Regiæ Maiestatis,
- 1595.
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- Subject terms
- Law -- England -- Dictionaries -- Early works to 1800.
- Law -- Great Britain -- Early works to 1800.
- Link to this Item
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http://name.umdl.umich.edu/A10426.0001.001
- Cite this Item
-
"An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set forth & augmented, both in French & English, for the help of such yong students, as are desirous to attaine to the knowledge of the same." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A10426.0001.001. University of Michigan Library Digital Collections. Accessed May 18, 2025.
Pages
Page [unnumbered]
Court, and not in the temporall Courtes. And this suite lyeth for one incumbent agaynst ano∣ther incumbent, where they both claime by one pa∣tron, and where the right of the patronage doth not come in question or debate. As if a Parson bee crea∣ted a Bishop, and hath dis∣pensation to kéepe his be∣nefice still, and afterward the Patron presents an∣other incumbent which is instituted, and induc∣ted: Nowe the Bishoppe maie haue against that Incumbent a Spoliation in the Spirituall Courte, because they claime both by one Patron, and the right of the patronage doth not come in debate, and be∣cause that the other incum∣bent came to the possession of the benefice by the course of the Spirituall Lawe, that is to saie, by instituti∣on and induction, so that he hath colour to haue it and bee Parson by the spiri∣tuall Lawe. For other∣wise if he be not instituted and inducted &c. Spolia∣tion lyeth not against him,
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but rather a writ of Tres∣passe, or an assise of Nouel disseisin &c.
So it is also where a person which hath a plu∣ralitie doeth accept an o∣ther benefice, by reason whereof the Patron pre∣sents another clerke, who is instituted and inducted, now the one of them may haue Spoliation against the other, and then shall come in debate if hee haue a sufficient pluralitie or not. And so it is of depri∣uation &c.
The same law, is where one sayeth to the Patron, that his Clerke is dead, where vpon hee presents another: There the first incumbent which was supposed to bee dead may haue a Spoliation against the other, and so it is in di∣uers other like cases, whereof See Fitzherbert Nat. breuium.