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 ...

Quare non admisit.

Out of what Court this issueth.

It issueth out of the Com. Bau. because it issu∣eth out of the Rolls of the Court, Regist. orig. 32. A. Vet. Nat. br. 25. B. 12 Edw. 3. Quare non ad∣misit 6.

For this is a Judicial Writ, Vet. Nat. br. 25. B. Regist. orig. 32. A. 12 Edw. 3. Quare non admisit 6. & per Nat. br. 47. C. grounded upon a Record of Court.

This may issue out of the Chancery in the Va∣cation also; for in the Vacation it cannot issue out of the Common Pleas.

If the King recover in Com. Ban. in Quare Impedit, he may have this Writ in Ban. Regis, Nat.

br. 47. D. for this Writ is but to have the effect of his Suit, and he may seek for his right in any of his Courts.

What Person shall have it.

Every one that recovers, if the Bishop will not admit, his Clerk shall have it, Nat. br. 47. C. Vet. Nat. br. 25. B. or else his Suit would be but fruit∣less, if it were not compulsory.

Against whom it lies.

It shall be brought against the Bishop, although the Vicar general made the refusal, Vet. Nat. br. 26. A. Nat. br. 47. J. 13 Edw. 36. Quare non admisit 4. for the Law takes notice of him only as a more publick person concerned.

It was brought against the Gardein of the Spi∣ritualties, upon refusal of the Bishop which is dead, Vet. Nat. br. 26. A. Nat. br. 47. J. and well, for he is now in the room of the Bishop.

But it was denied against the Archbishops Gar∣dein of the Spiritualties, vivente Archiepiscopo, at videtur.

And yet quaere per 17 Edw. 3.27. pl. 9. if the Metropolitan of Common right be not Gardein of the Spiritualties. It seems not since Hen. 8. come.

It was maintained against the Official of the Bishop, Nat. br. 47. N. who used, as it seems, to admit Clerks presented.

In what Cases this lies.

When a man recovers his presentation, and the Bishop will not admit his Clerk, the party shall have this Writ, Vet. Nat. br. 25. B. Nat. br. 47. C.

And this is although the Bishop return cause, why he will not admit the Clerk. 9 Eliz. Dyer 260. pl. 21. Coke 6. part. 52. A. Boswels case; for he must take notice of the Judgments given at the Law in such cases.

But if the Record be removed by a Writ of Error, it lies not till Judgment be affirmed, Nat. br. 47. E. for till then it doth not appear the Judgment was duly given, and this Writ doth suppose right Judgment given.

The Bishop refuses, and afterward admits him, yet the party it seems shall have this Writ, Nat. br. 47. L. Q. for it seems to little purpose, except it be to recover dammages for not admitting at first.

The Writ.

1. It ought to rehearse the Recovery in the Quare Impedit, Nat. br. 47. C. because that is the ground of the Writ.

2. It ought to be brought in the County where the refusal was, because he shall recover nothing but dammages, Vet. Nat. 25. B. Nat. 47. F. Coke 7. part. 3. A. Bulwers case, 38 Hen. 6 14 & 15.39 Edw. 3.2. pl. 5. 29 Hen. 8. Dyer 40. pl. 69. and the dammages can be best enquired and known there.

The Count.

The writ was against the Bishop, and counted, though the Vicar general refused, and yet good, 〈◊〉〈◊〉 Edw. 3. Quare non admisit 4. Vet. Nat. br. 26. 〈◊〉〈◊〉 rid. antea, why so.

The King counted not upon what original or ••••t Title he recovered, and yet good, 20 Edw. 3. ••••e non admisit 10. for he is not bound to be 〈◊〉〈◊〉 punctual in pleading as a Common person, for ••••••••ceth if it be good in the substance.

The Barr.

That he admitted him, and made Letters to 〈◊〉〈◊〉 Archdeacon to induct him, a good barr, 38 〈◊〉〈◊〉 6.14. Nat. br. 47. H. for this doth disaffirm 〈◊〉〈◊〉 Writ.

That the Bishop collated by Lapse is a good 〈◊〉〈◊〉, Nat. br. 47. M. for by that the Plaintiffs Ti∣••••s destroyed hac vice.

Or that it was litigious by the presentment of ••anger, 9 Edw. 3. Quare non admisit 12. 34 〈◊〉〈◊〉 6. Quare Impedit 89. 34 Hen. 6.41. pl. 10. 〈◊〉〈◊〉 also the Ordinary could not know who was to 〈◊〉〈◊〉 admitted.

But if A and B contend, by reason of which 〈◊〉〈◊〉 Bishop collates by Lapse, and after the King ••overs in a Quare Impedit, this is no barr in a ••ure non admisit brought by the King, 23 Edw. 〈◊〉〈◊〉 12. Quare non admisit 11. for the Kings Title ••••dgne to the collating.

Excommunication cannot be pleaded in the Plaintiff, because the Writ supposeth a contemp•• in the Ordinary, in that the Plaintiff hath present∣ed his Clerk in the Writ named after Judgment given for him, which supposeth him not Excom∣municated; but a good plea, that the Incumbe•••• did not make request after Judgment, 21 Hen. 7.71. pl. 14. Crooke; for without request the Or∣dinary is not bound to take notice.

No such Record is a good plea, Coke 8. part. Dreuries case; viz. as he pretends he hath Judg∣ment upon.

A good barr, that the Church was full before the Recovery of one not named in the Recovery, Nat. 47. K. and so the Ordinary had no cause to admit his Clerk.

The Bishop returned that the Advowson is seised into the hands of the King, by reason of Wardship, and is so full of the Kings presentment; this is good, 9 Eliz. Dyer. 260. pl. 21. tame•• Coke 6. part. 52. A. Boswels case, è contra. Q.

The Judgment.

The Judgment is but to have dammages, Nat. br. 47. G.