The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.

Rud versus the Bishop of Lincoln.

IN a Quare impedit brought by Edward Rud against the Bishop of Lincoln, Lord keeper, Drury and Stubbin, for the Church of Dack∣worth, upon Evidence at Bar, these Points were resolved in the Court.

1. When one usurps upon a Lease for years, that this Usurpation gains the Fee, and puts the very Patron out of possession; And though by the Statute of Westminster 2. cap. 5. he in reversion after the Lease may have a Quare Impedit when the Church is void, or may present, and if he present, and his Clerk be admitted and inducted, that then he is remitted, yet untill it be recovered, or his Clerk be in, the Usurper hath the Fee, and against him lies the Writ of Right, and that descends to his Heirs, and his Wife shall be endowed.

2. When the King present one by Laps, not having any Title of Laps, and a recovery is had against him in a Quare Impedit by one which had no Title: If this gain the Patronage; And it is clear the King had no Title to present; and although he which comes in by such Laps, is not Incumbent, nor gains the Patronage, yet he is In∣cumbent as to all Ecclesiasticall matters, to have Offerings, Tithes, &c. for it is only as to the rightfull Patronage, no gaining of the Patronage, but he may present, vide Greens case, Coke lib. 6. fol. 29.

3: It was resolved by the Court, that when one recover in a Quare Impedit, although that no Writ be awarded to the Bishop, yet if up∣on non presentment the Bishop will admit and institute his Clerk, and he is Inducted: And that is good, as wel as a man may enter without a Writ of Habere factas seisinam after recovery, so may the Patron which hath recovered in a Quare Impedit present, and that being accepted, and Institution and Induction pursuing therupon, it is good.

4. Also, whore the Issue was, whether the Church was void at the time of the presentment of Palu or not; and it appears that the case was, that Thomas Rud after the Church was void by the death of Cle∣ment Rud, and after that one Taxall was presented by Laps and Admitted, Instituted, and Inducted where the King had not Title, the said Thomas Rud having good Title to present, made a writing of presentation of the said Paul, and after (be it then exhibited to the Bishop, or no) The said Thomas Rud brought a Quare Impedit, and recovered, and afterwards this Presentation is exhibited to the Bishop, and he admit, institute, and makes a Mandate for Induction, which also is afterward done accordingly. Now the Issue being, whether the Church was void at the time of the Presentation of Pain, the time of this Presen∣tation shall now be the time of exhibiting therof after the Judgment: And then as to Rud which had recovered against him, the Church was then void, for whensoever the Bishop had the Presentation exhibited, at that time he ought by the Law to admit, institute, and give a Mandate for Induction, the then Church is void: But after the Judgment the Bi∣shop ought to accept that, and admit and institute, Ergo at that time the Church was void, and that is to be the time of the Presentation.

5. When one having good Title to present, and an Incumbent by Usurpation is admitted, instituted, and inducted, and after that the Pa∣tron present, and the Bishop refuse, and after the Patron recover, and then he which had this Presentation exhibite it to the Bishop, this is now a good Presentation; and the Patron cannot revoke or give him a new Presentation, but if the Patron before the death of the Incumbent makes Letters of Presentation, that is void, because he had no Title to present.

Notes

• Quare Impedit.
• Quare Impedit.