[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
Volume 3, Page 234
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