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 ...

Against whom a Quare Impedit lies.

It lies against a Patron sole, 29 Hen. 6.57. 19 Hen. 6.67. pl. 14. & fol 73. pl. 1. & fol. 75. pl. 5.

But then the Incumbent shall not be removed, 29 Hen. 6.57. 7 Hen. 4.34. for if he be, it lies also against the Disturber.

Unless there be no Incumbent at the time of the Writ brought, 29 Hen. 6.57. 19 Hen. 6.67. pl. 14. & fol. 73. pl. 1. & fol. 75. pl. 5. for then the Patron only must necessarily be the Distur∣ber.

If it be against an Incumbent sole it shall abate, 3 Hen. 4.2. Quare Impedit 113. 41 Edw 3.2. Br. Quare Imped. 24. vide 47 Edw. 3.10. for he comes in under another mans right, who must be named in the Writ.

But note, this is intended when the Inheritance, estate or interest of the Patron in the Patronage, is to be devested by the Judgment, for otherwise he ought not to be named, Coke 7. part. 26. B. Halls case, for it concerns him not to be made a party.

When there is no Patron, the Writ shall be a∣gainst the Incumbent sole, 13 Hen. 8.12. 4 Hen. 8.3. for there can be no other Disturber but he.

When the King presents, it lies against the In∣cumbent sole, because the King shall not be sued, Coke 7. part. 26. B. Halls case, 92 Hen. 8. Dyer 48. pl. 16. 24 Edw. 3.77. pl. 103. Crooke 19 Hen. 7.53. pl. 9. But by Petition he may be sued too, and the Law intends he will do all his Subjects right without suit.

It lies for the Defendant against the Plaintiff, if the Clerk of the Defendant be not instituted, Nat. br. 35. C. and he be disturbed by the Plaintiff. It seems this is meant where there is a cross Suit betwixt them.

But not of the same presentation, if the Plain∣tiff have brought his Writ, 19 Hen. 6.67. pl. 14. & fol. 73. pl. 1. fol. 75. pl. 5. 22 Edw. 3.4. pl. 10. for he that first commences his Action shall first determine his right.

The King grants a Free Chappel to B by Pa∣tent, if the Sheriff will not put him into possessi∣on, he shall have a Quare Impedit against the Sheriff, for this is in the nature of a Lay see, and belongs not to the Ordinary, and the Writ shall be general, 14 Hen. 4.11. pl. 9. Haukeford, as in other Quare Impedits; but the Count must be special, as it seems.

Notes

• Patron sole.
• Incum∣bent sole.
• Note.
• Plaintiff.
• Sheriff.