TRINITY TERM IN THE TWENTIETH YEAR OF A.D. 1346. Quare impedit. No. 1. (1.) § Matthias de Leeke brought a Quare impedit against Alexander de Leeke, and John his brother. Alexander appeared, and John made default, and Matthias was essoined, and a day was given to him to appear now. Therefore, on the first day of the Octaves, Thorpe said, for Alexander, that he was ready to answer, and prayed that Matthias might be called. Thereupon Grene appeared for Matthias, and said that he could not say anything with regard to this suit, but disavowed it, and that if it seemed to the Court that he could not disavow it by reason of the continuance of it which had been made on the writ, he was ready to count. And he said, moreover, that Alexander had sued a Quare impedit against Matthias, in respect of the same church, returnable last Term, and that writ was returned tarde, and thereupon an alias summons was awarded returnable now. And we tell you (said Grene) that we were summoned in the country by the Sheriff, and, although this alias summons has not been returned, still the original is in this Court, and you ought to hold the plea upon that. Therefore, since we testify that the alias summons has been served, and you have the original before you, we therefore DE TERMINO TRINITATIS ANNO REGNI REGIS No. 1. impedit. (1.) § Matheu de Leeke porta un3 Quare impedit A.D. 1346. vers Alisaundre de Leeke, et J. son frere. A. Quare apparust, et J. fist defaute, et Matheu fut essone, [Fitz., et jour done a ore. Par quei, al primer jour des Quare impedit, utaves, Thorpe, pur Alisaundre, dit qil fut prest a 64] respoundre, et pria qe M. fust demande.--Sur quei Grene vint pur luy, et dit qil ne savoit rienz dire de ceste sute, eins le desavowa, et si sembloit a la Court qil nel pout desavowere pur la continuaunce qe en est fait sur le brief, prest est counter.4 Et dit outre coment Alisaundre ad suy un Quare impedit vers luy, de mesme leglise, retournable le drein 5 terme, quel brief fut retourne tarde, sur quei un somons sicut alias agarde retournable a ore. Et vous dioms qe nous estoioms somons en pays par le Vicounte, et, coment qe ceo somons 6 sicut alias ne fut pas retourne, unqore loriginal est ceinz, sur quel vous devez tenir le plee. Par quei puis qe tesmoignoms qe le sicut alias est servy, et Vous avetz loriginal devant vous, par quei nous nous No. 1. A.D. 1346. pray that Alexander do count against us on this writ. Thorpe. We take your records to witness that Matthias will not prosecute his own writ, and we demand judgment, since he has been essoined on the same original, and has a day now, and now will not count, and we pray a writ to the Bishop. And as to that which you say touching the other writ sued by us, if the alias summons had been returned we should be ready to count, but before it is returned the law does not put us to do S0.STOUFORD. Before the fourth day of Term it has not been the custom for anyone to begin any plea, except a proffer on a writ of Right, and therefore we shall record whatsoever is said on one side and on the other on the fourth day. And on the fourth day Alexander was called on the writ in which he was himself plaintiff, and he appeared, and Grene, on behalf of Matthias, prayed that Alexander might count against him. Thorpe recited that, on the first day of the Octaves, Matthias had been called on a writ which he had brought against Alexander, to which writ Alexander appeared, and Matthias said that he would not prosecute that writ, and therefore (said Thorpe) on his nonsuit then recorded we pray a writ to the Bishop.-Grene. We take your records to witness that on the first writ, on which Alexander is now called as plaintiff, he would not count; and as to his statement that we said that we would not prosecute our writ, it is not so; for we disavowed the suit, and that conditionally, to the effect that if it should seem to the Court that we could not disavow it by reason of the continuance taken since the purchase of the writ, we were ready to count; and we still are so; therefore on your present non-suit we pray a writ to the Bishop.-Thorpe. When two writs of Quare impedit are sued, one for the defendant, and one for the plaintiff, each No. 1. prioms qil counte vers nous a cest brief. Thorpe, A.D. 1346. Nous pernoms voz recordes qil ne voet pas suyr son brief, et demandoms jugement, puis qil ad este essone en mesme loriginal, et ad jour a ore, et ore ne voet pas counter, et prioms brief al Evesqe. Et a ceo qe vous parletz del autre brief suy par nous, si le sicut alias fut retourne nous serroms prest a counter, et avant qil soit retourne ley ne nous mette pas a ceo faire.-STOUF. Avant le quarte jour homme ne soleit pas attamer nul ple, sil ne fut un profre en brief de Dreit, par quei nous recorderoms quanqe est dist dune parte et dautre al quarte jour. Et a cel jour A. fut demande al brief en quel il fut pleintif mesme, et vient, et Grene, pur M., pria qil countast vers luy.-Thorpe rehercea coment al primer jour des utaves M. fut demande a un brief qil avoit porte vers luy, a quel brief il apparust, et dit qil ne voleit pas suir cel brief, par quei sur sa noun sute adonges recorde nous prioms ore brief al Evesqe.--Grene. Nous pernoms voz recordes qe a primer brief, a quel il est ore demande come pleintif, il ne voleit pas counter; et a ceo qil parle qe nous deismes qe nous ne vodrioms 2 pas suir, il nest pas issi; qar nous desavowames la sute, et ceo conditionaliter, qe si sembloit a la Court qe nous nel purrioms faire pur la continuaunce pris sur le brief, prest fumes counter; et unquore sumes; par quei a vostre nounsute a ore nous prioms brief al Evesqe.Thorpe. Quant deux Quare impedit sount suyz, lun pur le defendant, lautre pur le pleintif, chescun 1 H., voet. 2 I., voudroms. 4 a No. 1. A.D. 1346. against the other, if judgment be rendered on the original which you brought, we shall not be put to count; for if we were to count, and judgment were afterwards rendered for us on your non-suit on the ground that you could not disavow your suit because of the continuance, that count would then have been counted to no purpose; and even though the Court were to give judgment that he could not disavow his suit, but that he should be admitted to count, as was said, in virtue of his conditional plea, still he ought to be put to count rather than we should, because he was first called on this writ.-WILLOUGHBY. Then you will not count on your behalf, nor he on his behalf, and therefore we can well let the matter rest in peace. Thorpe. You can first give judgment on the point on which we abode judgment on the first day, on the writ in which he was himself plaintiff, and the judgment on that point, if it is in our favour, puts an end to this writ; and, if the judg ment is that he cannot disavow the suit by reason of the continuance, then he will now be in the same plight as he was at that time; and at that time when we, who were defendant, made our proffer he must have counted, or else we should have had a writ to the Bishop; and so we shall now; therefore we demand judgment on that point, and pray a writ to the Bishop.--SHARSHULLE. On that issue in law. judgment cannot be given either for you or for him; both writs come to an end; and therefore it were well that you should consider.--Skipwith. No, Sir, it cannot be so. If you give judgment that he could not disavow the suit, and that, because he did not count at that time, you award us а writ to the Bishop, that judgment would put an end to both writs; but if you give judgment that he could not disavow the suit, but save him his suit conditionally in accordance with his plea, that judgment will first |