Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

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Title: Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.
Author: Finch, Henry, Sir, d. 1625.
Publication: London :: Printed [by Adam Islip] for the Societie of Stationers,; 1627.
Rights/Permissions: To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
Subject terms: Law -- England -- Early works to 1800.
Link to this Item: http://name.umdl.umich.edu/A00741.0001.001
Cite this Item: "Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A00741.0001.001. University of Michigan Library Digital Collections. Accessed June 5, 2024.

Pages

Statutes.

Westm̄ 2. cap. 17. In an Essoine De ma∣lo lecti the demaundant may auerre by en∣quest, that the Tenant is not sicke, nor in such plight but that hee may come before the Iustices. Such an essoine shall not lye in a writ of right betweene two claiming by one descent.

5. A Ne admittas for either partie, plain∣tife or defendant, in a quare impedit, or assise * 1.1 of darrein presentment to the ordinarie, not to admit the others Clarke till the matter be discussed.

And this must be sued within 6. moneths and not after, for after the sixe monethes it * 1.2 is lawfull for the ordenarie to present by laps, but being sued within the six moneths the ordenarie may neither himselfe (b) 1.3 col∣late within six moneths (but afterwards by laps he may) nor (c) 1.4 admit the others Clark at any time, (d) 1.5 though it be after the sixe moneths, and though it be found for him by a Iure patronatus, which is a commission that the ordenarie may grant to enquire who is the right patron.

Page 459

6. A quare incumbrauit for him that su∣eth * 1.6 a Ne admittas, and after recouereth in a Quare impedit, or assise of darrein present∣ment, though it be after the sixe monethes, but before recouerie no quare incumbrauit lyeth against the ordenarie for incombring the Church, contrarie to the ne admittas. But of a collation or admittance before a * 1.7 ne admittas sued, no quare incumbrauit (but onely a quare impedit) lyeth, for the ordina∣rie can haue no notice till the ne admittas.

But no ne admittas, nor quare incumbrauit lieth in a writ of right of auowson, though * 1.8 the Church become void hanging the writ, and the Bishop do encomber it, for the de∣maundant there shall not recouer the pre∣sentment but the auowson. And if he haue title to present, hee may present, and vpon disturbance haue a quare impedit.

Notes

* 1.1

F. N. B. 37. f.

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* 1.2

F. N. B. ibid.

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(b) 1.3

F. N B. 48 l.

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(c) 1.4

Fit. ibid.

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(d) 1.5

F. N. B. 48. b.

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* 1.6

F N B, 48. c.

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* 1.7

F. N B. 48. b.

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* 1.8

F. N. B. 48 q.

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