Prerogative.
But against the King Induction on∣ly d••th it. Therefore at the Com∣mon
Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author
About this Item
- Title
- Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author
- Author
- Nottingham, Heneage Finch, Earl of, 1621-1682.
- Publication
- London :: printed by the assignes of Richard and Edward Atkins Esq; for H. Twyford, F. Tyton, J. Bellinger, M. Place, T. Basset, R. Pawlet, S. Heyrick, C. Wilkinson, T. Dring, W. Jacob. C. Harper, J. Leigh, J. Ammery, J. Place, and J. Poole,
- 1678.
- Rights/Permissions
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- Link to this Item
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http://name.umdl.umich.edu/A52527.0001.001
- Cite this Item
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"Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A52527.0001.001. University of Michigan Library Digital Collections. Accessed June 18, 2024.
Pages
Page 197
Law, in a Quare impedit, Plenarty day of the Writ purchased, is a good plea, though it be by institution only. And the Plenarty by six Months (which barreth the right Patron of his quare impedit, by the Statute Westm. 2. c. 5.) is accounted from that time between common persons. So is it for the King when he presenteth. And in these cases the Ordinary may certifie a plenarty without making mention of any induction, but of admission, and institution only. But against the King plenarty is accounted from the time of in∣duction, and not before. And if a Patron that holdeth of the King, present, and die after admission and institution of his Clark, and before induction; the King shall pre∣sent a new. Otherwise it is in the case of a common person. But plenarty is no plea in a quare impedit, against a person imper∣sonee (that is, a fpiritual body politick, which being Patron, hath the Church ap∣propriated in succession (viz) to hold to their proper use, without presentation, in∣stitution, or induction of any Incumbent) for his plea must be, That the Church is full of his presentment, which a person impersonee cannot say.