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: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law -- England -- Early works to 1800.
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 May 16, 2024.

Pages

CHAP. 8.

Of a Quare impedit, and a quod permittat.

FOr other heraditaments are a quare impedit, and a quod permittat.

A quare impedit lieth vpon a distur∣bance, where he, or his ancestors, or those from whom he claimeth, hauing at any time before presented to a Church, himselfe is now disturbed.

Statutes.

25 E. 3. cap. 3. Stat. 3. Vpon the Kings collation or presentment to a benefice, his title shall bee well examined, and beeing found before Iudgement vntrue, or vniust, the collation or presentment shal be repea∣led. And the patron or possessor which sheweth the false title, shall haue thereupon Writs out of the Chancerie, as many as are needfull.

Page 275

Marleb. cap. 12. In a Quare impedit, and Assises of Darrein presentment, day shal be giuen from xv. dayes to xv. dayes, and from three weeks to three weeks. And in a quare impedit the processe shall be a summons, at∣tachment or grand distresse.

Westm̄ 2. cap. 5. If Coparceners make partition to present by turne, and one of them present accordingly, he that is after∣wards disturbed shall haue a Scire facias, (and not be driuen to his quare impedit) and recouer his presentation with damagess.

An auowson (after the death of one that hath presented) being assigned in dower, or to Tenant by Curtesie, and they present, the heire if he be disturbed after their death shall haue a quare impedit, or darrein pre∣sentment at his pleasure. So of an auowson demised for life, yeares, or in taile, when 6. moneths passe hanging a quare impedit or darrein presentment, so as the Bishop pre∣senteth by lapps, the patron shall recouer damages to two years value of the Church. Otherwise damages to halfe a yeares value: The disturber not being able to render da∣mages, shall in the first case haue imprison∣ment of two yeares, in the second of halfe a yeare.

A Quod permittat lyeth for one that hath Common of pasture for his beasts, being disturbed by a stranger, so as he cannot vse his Common.

Notes

Fit. Nat. Br. 33. h.

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Fit. Nat. Br. 123. ••.

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