The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

1. When he shall have Judgment. 2. Of what things he shall have Judgment.

Upon default after apppearance,* 1.1 the Plaintiff shall have Judgment and Dammages, 2 Hen. 4.1. pl. 3. Nat. br. 38. S. For this is, as it were, the confession of the Plaintiffs Title.

But upon default after a continuance, Distress shall issue out only, 6 Rich. 2. viz. before appa∣rence make him to appear.

Upon Default at the grand Distress the Plain∣tiff shall have Judgment, Lib. intra. 507. A. sect. 1, 2, 3. For that is the last process to bring in the Defendant; and the Plaintiff can proceed no further upon mean process.

In a Quare Impedit against two, and one makes default after appearance, the Plaintiff shall have Judgment against him that makes default, Nat. br. 39. B. But not against the other; for anothers de∣fault shall not prejudice him.

If in a Quare Impedit against three, one makes default after apparance, and it is found against the Plaintiff for the others that appeared, who make a title, and it seems they shall have a Writ to the Bishop, 31 Hen. 6.15. pl. 5. Q.

One Defendant makes Title by himself, and o∣thers make default, the Judgment shall be to have a Writ to the Bishop for him that makes Title; but this is not before the Plaintiff have counted, Nat. br. 38. J. 10 Hen. 6.4. pl. 13. For before that the cause of Action doth not appear.

Upon the Non-suit of the Plaintiff,* 1.2 the Defen∣dant shall have a Writ to the Bishop, but not be∣fore Title made, Nat. br. 38. K. 2 Hen. 5.6. pl. 28. 19 Edw. 4.9. pl. 10. 6 Edw. 3.23. Collu∣sion 5. 14 Hen. 4.11. That it may appear he hath a colourable right at the least.

Unless the Non-suit be after a Bar pleaded, 33 Hen. 6.1. pl. 2. & fol. 55. pl. 48. against the Defendants Title.

Three sue a Quare Impedit, and two are non∣suited, and one of the Plaintiffs was also one of the Defendants, therefore he cannot make Title, ideo quaere, if they shall not have a Writ to the Bi∣shop without Title made, 11 Hen. 6.8. pl. 13. Q.

A. sued divers Writs of Quare Impedit against B, of the same Church, and is non suited in all exceptone, the Defendant shall not have a Writ

to the Bishop until that be determined, Nat. br. 38. R. For it may be the Plaintiff may clear his Title by that.

The Defendant makes Title to himself and another, the Plaintiff is non-suited, the Defen∣dant shall have a Writ to the Bishop only, 13 Edw. 3. br. Epise. 25. For his Title is a Bar to the Plaintiff which is not opposed.

The Sheriff returns a tardè, &c. the Plaintiff makes default, he shall be non-suited; Q. but the Defendant shall not have a Writ to the Bishop, because the Writ was not served, 2 Hen. 5.3. pl. 14. Nat. br. 38. O. 2 Hen. 5.6. nor the o∣ther Non-suited, as it seems, because the Writ was not duly executed.

If an Infant be non-suited, the Defendant shall have a Writ to the Bishop, 2 Mariae Dyer. 104. pl. 13. to avoid a lapse, and that the Church may speedily be provided for.

A. brought a Quare Impedit against B, C and D, and is non-suited, B dies, C and D shall not have execution alone, 11 Edw. 3. br. Episcopo 55. because the Action was joyntly brought against all.

If one of the Co-parceners who bring a Quare Impedit, be non-suited, yet the other may sue, and the Defendant shall not have a Writ to the Bishop upon this Non-suit, 38 Edw. 3.35. br. Episc. 12. because they have several Inheritances, and the default of one shall not bind another.

The Plaintiff discontinued his Suit,* 1.3 the De∣fendant shall have Judgment to have a Writ to the Bishop, Coke 7. part. 27. B. For his disconti∣nuance concludes he had no cause of Action.

A. brought a Quare Impedit against B,* 1.4 and sued a Ne admittas, and then they compounded to present by turn, there shall be a special Writ out of the Chancery to the Bishop, to admit the Clerk that ought first to be admitted. For a spe∣cial Cause may have a special Writ, and varying from the usual form.

In a Quare Impedit the Defendant disclaims in the Advowson, the Plaintiff shall have Judgment,* 1.5 and a Writ to the Bishop, 6 Edw. 3.7. Error 78. For by the Disclaimer he acknowledgeth he hath no Title.

Where a Writ abates for form or false Latine,* 1.6 there shall not be Judgment for the Defendant to have a Writ to the Bishop, Nat. br. 38. H. 14 Hen. 4.11. 13 Hen. 4.7. For the Title is not determined, but only the Plaintiff is delayed.

The Defendant makes default, the Incumbent abates the Writ by plea, the Defendant shall not have a Writ to the Bishop, because he made de∣fault, Nat. br. 38. H, and so is not rectus in Cu∣ria.

If the Plaintiff being a Prebend, be made a Bishop in Dublin, this shall abate the Writ, per Wilby, 24 Edw. 3.26. pl. 21. Q. how it shall be taken notice of here.

If the Writ abates for Misnosmer, or other non-sufficiency in it, the Defendant shall not have a Writ to the Bishop, Nat. br. 38. M. 31 Hen. 6.15. For the right is not determined.

If a Quare Impedit is brought in Com. M. and the Count is of a Church in Com. O, the Writ shall abate, but the Defendant shall not

have a Writ to the Bishop, 21 Rich. 2.29. for the former reason.

It was found by verdict that the Metropolitan collated where the Ordinary ought to have done it,* 1.7 when the year is passed, the Plaintiff shall have a Writ to the Bishop, Nat. br. 38. P. Q.

In a Quare Impedit between A and B, if the Title appear for the King, Judgment shall be given for him, Nat. br. 38. E. notwithstanding he is not party to the Suit, that is, by his Pre∣rogative. All the Judges are the Kings Counsel, and ought to give Judgment for him, where his Right appears, although he sue not for it.

Notes

• * 1.1

  Upon de∣fault.
• * 1.2

  Non-suit.
• * 1.3

  Disconti∣nuance.
• * 1.4

  Composi∣tion.
• * 1.5

  Disclaimer
• * 1.6

  Abate∣ment.
• * 1.7

  Verdict.