The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
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Title
The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
Author
Leonard, William.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,
1686.
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Subject terms
Law reports, digests, etc. -- England.
Law -- England -- Cases.
Cite this Item
"The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed May 3, 2024.
Pages
CLXXXVIII. Moore and the Bishop of Norwich's Case. Mich. 28 Eliz. In the Common Pleas.
IN a Quare Impedit by Moor against the Bishop of Norwich, &c. It was found for the Plaintiff; and thereupon issued forth a Writ to the Bishop, which was not retorned; Vpon which an Alias issued forth: Vpon which the Bishop retorned, That after Iudgment given in the Quare Impedit, the same Incumbent against whom the Action was brought, was Presented, Instituted, and In∣ducted into the same Church, and so the Church is full, &c. And if that was a good retorn, It was oftentimes debated. Windham cited the Case, L. 5 E. 4. 115, 116. A Quare Impedit against Parson, Patron, and Ordinary, and, pendant the Writ, the Par∣son resigned, and the Ordinary gave notice of it to the Patron; and afterwards by Lapse, the Ordinary presented the same Incum∣bent, who resigned: And afterwards, the Plaintiff in the Quare Impedit had Iudgment to recovers, And it was holden, Because the same Incumbent is now in by a new title; scil. by Lapse, and the same person against whom the recovery was had; and that ap∣peared to the Court, he should be removed. See 9 Eliz. Dyer, 260.
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and 21 Eliz. Dyer, 364. And it was said by the Lord Anderson, What person soever is presented and admitted after the Action brought, unless it be that the title of the Patron be paramount the title of the Plaintiff upon such Recovery he shall be removed: And so in the principal case, It was adjudged, That the Retorn of the Bishop was not good. Wherefore, he was fined 10 l. and a Sicut alias awarded upon pain of 100 l.
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