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.

Coppledick versus Tansey.

Linc.

FRancis Coppledick Plaintiff in a Quare impedit against Samuel Tansey Clerk, Sir Philip Tirivint Baronet,* 1.1 and Richard Bishop of Lincoln, Quod permittant ipsum presentare ad Ecclesiam de Ulceby; and count that one Francis Coppledick was seised of the Advowson in Fee, and that it was holden in Socage;* 1.2 And that the said Francis so being seised devised it in tail, and intitle himself as Heir in tail.

Tansey plead that he is Parson imparsonee of the presentment of the said Sir Philip, and demand Oyer of the Writ, and plead that at the day of the Writ purchased there was no such Richard Bishop of Lin∣coln in rerum natura, and demands Iudgment of the Writ: Sir Philip plead that there is no such Church called Ulceby in the County of Lincoln, and demand Iudgment of the Writ.

The Plaintiff ••emur upon the plea of the Incumbent and as to the

plea of Sir Philip, he reply, that there is such a Church called Ulceby in the County of Lincoln; and this plea being tryed at Lincoln, before Baron Bromley, it was found for the Defendant: for there was an u∣nion of the Church of Fordington to Ulceby, and it was called Ulceby cum Fordington: And it was said that Institutions and presentments were to Ulceby; and Ulceby was the greater, and Fordington was the lesser Church, and united, and therin had lost its name. It was a∣greed, that it being known by the one or by the other name, had been suf∣ficient to have found for the Plaintiff.

Serjeant Harris moved in Arrest of Iudgment, that it being tryed Per Venire facias de vicineto de Ulceby, it was mis-tryed, for when Nul tiel vill. is pleaded, it shall be tryed per Corpus Commitatus, 8 H. 6. 38 H. 8. & 24 E. 4. 4: Fitz. visne 27. And he vouched 45 E. 3. 6. where such an Issue was tryed, but it did not appear how the Venire was a∣warded. And at the first time of this motion it appeared, prima facie, to be a mis-tryall.

Bawtry at another day moved it, and said, that the Writ is Quod permittant presentare, to the Church of Ulceby, and the Count accor∣ding therwith, it is to be intended a Town or Parish: And he re∣sembled it to the case of an Appeal against one by the name of I. S. of Dale, Carpenter, and he traversed that he was not dwelling at Dale, and it was a good tryall from Dale: And of, in, and at, are all one; but said, that in the Count it is said, that Edward Coppledick died at Ulceby: And all the Court agreed that it is a good tryall, and that it is admitted that there is such a Town, and the Writ implies it: And Iudgment for the Defendant.

Notes

• * 1.1

  Quare impedit.
• * 1.2

  Tryall where no such Town is plea∣ded.