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 ...

The Count in a Quare Impedit.

He that brings a Quare Impedit in his count ought to alledge a Presentment in himself, or in his Ancestors, or in him by whom he claims, Nat. br. 33. H.

1. Unless a man erect a new Church, for then the Count shall be special, Nat. br. 33. H. 17 Edw. 3.12. and shall set it forth, to make it ap∣pear he cannot alledge a Presentment.

2. If he recover in a Writ of right, then he may alledge the presentation in him against whom he recovered, Nat. br. 33. J. Q.

Or he may have this Writ without alleadging any presentation, for he may count upon the Re∣cord, Nat. br. 36. A. whereby he recovered, and that makes it appear the Presentation belongs to him.

Or if he recover in a Quare Impedit, the same Law, 42 Edw. 3.8. pl. 5.

3. He may alleadge seisin in the Procurator, Nat. br. 33. J. 17 Edw. 3.60, & 75. which is, as it were his own seisin.

He that alleadges Presentation in himself, ought to shew that the Presentee was instituted, al∣though that it was against a Common person, for without Institution he had no fruit of his pre∣sentation, and so it is as nul. But against the King he ought to shew that he was Inducted, Com. 528. Bickleys case, Coke 6. part. 49. Boswelt case; for a man must make a full and compleat Title against the King.

And such presentment ought to be within me∣mory, 17 Edw. 3.10. Quaere of the Law at this day.

* 1.1Devisee for life alleadges the presentation in himself, and good, Coke 5. part. 37. 8 Hen. 5.10. in respect of his Free-hold.

Of the presentation of Tenant for life, vid. Coke 5. part. 97, 98.

For years, 7 Edw. 4.20. 22 Edw. 4.9. B. In Dower.

By the Courtesie.

At Will, 5 Hen. 5.3. pl. 6.

These are the presentments of him that hath Fee. Q.

The King grants the Advowson to A, the Church being void, and presents, 13 Eliz. Dyer 330. pl. 36. by Lapse, 21 Eliz. Dyer 364. pl. 28. and good, for his grant hinders not, for he pre∣sents by Lapse upon another title.

But the issue in Tail ought to alleadge pre∣sentment in the Donor, because he derives his title from him, or he may alledge it in himself, Com. Manxels case, fol. 4. B.

If it be alleadged in the Donor or Donee, Lessor or Lessee, it is not double, because the

Presentment of the Lessor or Donor is only tra∣versable,* 1.2 and not of the Lessee or Donee, Coke 5. part. 99. A. Northumberlands case.

For the Lessee ought regularly to alleadge it in the Lessor, Coke 5. part. 98. A.

Yet, if he alleadge Presentation by himself it is good, 8 Hen. 25.4.

But in the Judgment of the Law this is the Presentation of the Lessor, Coke 5. part. 89. and so taken notice of what ever he alleadge.

A Purchaser may alleadge it in him whose E∣state he hath, because he derives from him, 13 Hen. 8.12. pl. 2. 2 Edw. 3. pl. 29.1. 6 Edw. 3.204. pl. 7. Nat. br. 33. H.

He that brings a Quare Impedit ought to shew, specially how the Church becomes void, 5 Edw. 4.72. B. for the Iucumbent may be removed out of possession by Spoliation, Disseisin, or be outed otherways, yet then the Church is full in the eye of the Law.

Notes

• * 1.1

  Presentati∣on in his own name.
• * 1.2

  Presentati∣on in him, by which he claims.