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[001] whether he was summoned to the assise ‘who as patron’ or to [answer] a writ of
[002] quare impedit or quare non permittit, let the writ then be this.

If by agreement.


[004] ‘The king to such a bishop, greeting. Know that when an assise of darrein presentment
[005] was summoned in our court before etc. between A. the plaintiff and B. the
[006] impediant [to determine] who as patron etc. (as above, or in this way if it was on a
[007] writ of quare impedit or quare non permittit: ‘Know that when A. was summoned in
[008] our court before etc. to answer B. as to why he wrongfully impeded him from presenting
[009] a suitable parson to the church of such a place, which is vacant, the advowson or
[010] presentation of which the same B. says belongs to him for such a reason,’) the same
[011] A. appeared in our same court before our aforesaid justices and acknowledged and
[012] granted to the same B. his presentation to the aforesaid church (or ‘acknowledged
[013] the advowson of that church to be the right of the same B. and remitted and quitclaimed
[014] etc.’). Therefore we order you to admit a suitable parson to the same church
[015] on the presentation of the same B. Witness etc.’ If with respect to the advowson1 of
[016] one church, several writs are impetrated by several persons before one judge and
[017] determined in different ways and by different judgments, as where one recovers by
[018] the assise, another can take nothing by [his] writ of quare impedit or quare non permittit,
[019] or some agree to the presentation, or some who claim nothing in the presentation
[020] in their own name but in another's agree to the presentation, [or] if the assise is
[021] taken by default, and the like, mention must be made of all the pleas in the writ
[022] directed to the bishop, as may be seen above, a little before, by an example.2 Among
[023] other questions it may be asked, why, in the writ for the admission of a clerk after
[024] the taking of an assise of darrein presentment in the manner of an assise, this clause
[025] is not included, ‘notwithstanding the claim of such a one,’ as in the writ which ought
[026] to be sent to the bishop after one has recovered his presentation by a writ of quare
[027] impedit or quare non permittit. The sufficient answer is that the writs of quare impedit
[028] and quare non permittit name specific persons between whom the dispute arises and
[029] between whom the judgment is effective, which is not so in the assise of darrein
[030] presentment, for though there are there specific persons between whom the dispute
[031] arises, the assise nevertheless finds in favor of any person, absent or present, for one
[032] not named in



Notes

1. ‘advocatione’

2. Supra 225


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