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 ...

Barr in a Quare Impedit, 1. By the Ordinary. 2. By others.

The Church was Litigious, and he Collated after the six months, 34 Hen. 6.41. pl. 10. 5 Hen. 7.19. 34 Hen. 6.38. 2 Hen. 6.44. 18 Edw. 3.

It shall be accounted Litigious, where there are two Presentations and two Commissions, and one

Commission is found for one, and another for ano∣ther, 22 H. 6.44. A. Newton & Paston; for no man here can judge whose the right is, for they are as it were in aequali jure.

But if the Title of one be found, and another present, and request is made to admit the Clerk, for which it was found, it is not Litigious, 22 Hen. 6.28. Br. of Quare Impedit 80. for there is a Title found for one, and none for the other.

If two Joyntenants, or Tenants in common present severally, it is not Litigious, Doct. & Stud. 116. A. for their right is one and the same.

If two present severally, and neither the one nor the other pray a Commission to enquire the right, the Church is Litigious, Lib. Intra 511, & 512. 35 Hen. 6.18. pl. 27.8. Edw. 3.289. pl. 49. because the right of neither is put in issue.

Claiming nothing but as Ordinary, Judgment, si, &c. without special disturbance; this is good, 5 Hen. 7.19. 22 Hen. 6.15. 33 Hen. 6.••••.32. viz. a good plea in barr for the Ordi∣nary.

But the Plaintiff upon this may pray Judg∣ment, and have it with Cessat Executio, until, &c. Crook 17 Hen. 7.43. pl. 9. the right determi∣ned.

Pleas in disability of the person presented, are as followeth:

• 1. An Alien, 7 Rich. 2. and this although he be made Denizen after, ibidem; viz. after he pre∣sented, for he was not idoneous at the time of the refusal.

• 2. Bastard, Coke 5. part. 58. A. 11 Hen. 4.8. A. 11 Hen. 7.12. 11 Hen. 4.37. but if he be ad∣mitted it is good. 29 Edw. 3.44. pl. 3. Q. whe∣ther, and by what Law it is a good plea, because he is nullius filius.
• 3. Blind, Coke 11. part. 29. B. For he can∣not see to study, nor can watch over his Flock. Q. tamen. For blind men have received Orders.
• 4. Heretick. Coke 11. part. 29. B. For he is not fit to instruct or guide his flock.
• 5. Homicide, 38 Edw. 3.2. For he is not fit to be a Minister of the Gospel of peace.
• 6. Infant, Coke. 5. part. 58. A. 6. Edw. 3.184. pl. 6. Herle. For he is not fit to guide himself or his own estate, much less others souls.
• 7. Jew. Coke 11. part. 29. B. qua a Jew; but if a convert, it seems he may.
• 8. Illiterate, 12 Eliz. Dyer. 293. pl. 3. Coke 5. part. 58. A. Specotts case. 40 Edw. 3.25. pl. 31. For he is unfit to teach, and had more need to be taught.
• 9. Perjured, For he will make little conscience of Religion.
• 10. Irreligious. 5 Hen. 7.6. Q. how.
• 11. Miscreant, Coke 5. part. 58. A. Specotts case, viz. that believes not rightly the Articles of the Faith: For how will he maintain and in∣struct others in it?
• 12. Not able upon examination, 39 Edw. 3.1. pl. 5. viz. of the Ordinary in the principles of Religion, and other fit qualifications.
• 13. Premunire, 38 Edw. 3.3. pl. 9. In re∣gard of the heinousness of the offence and pu∣nishment.

• 14. Himself patron, 31 Hen. 6.621. For he ought not to present himself.
• 15. Saracen, Coke 11. part 29. B. or Turk, or Infidel, not acknowledging God and Christ.
• 16. Schismatick, Coke 5. part. 58. A. Specotts case. For he will make disturbance in the Church.
• 17. Simonist. Lib. intra. 532. A. Q. By what Law.
• 18. Villain, 14 Hen. 7.28. B. for he is not sui juris.
• 19. Utlaw, Coke 5. part. 48. A. Specotts case, For he is fit for no society, and unfit to teach obedience to others, that hath none himself.

Notes

• Plea by the Ordinary the Church Litigious.
• What shall be accoun∣ted Litigi∣ous.
• Refusing the Clerk for default in the pre∣sentee which is.