Bishop of Lincolns Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 858
King's Bench Division
Quare Impedit.
reason. Anderson, The common is intire, for if H. bath common appendant to three messuages, and enfeoff one of one messuage, another of the second, and [5] another of the third, the common in this case is gone : but all agreed that it is impossible to have a common time out of mind, &c. for a house that is budded within the thirty years. MICH. 29 AND 30 ELIZ. ROT. 2299. BISHOP OF LINCOLNS CASE. Quare Inyedit. The Queen brought a quare impedit against the Bishop of Lincoln, and Thomas Leigh, to present to the church of Chalsenut Saint Giles in the county of Bucks. The case was thus; H. being qualified took two benefices which were above the value of eight pounds, and after took a third benefice above the said value, whereby the first benefice became void, and so remained for two years, whereby title of lapse accrued to the Queen, and (before presentment made by the Queen) the patron did present one A. who being admitted, instituted, and inducted, did refuse to pay 381. 2s. oh. due to the Queen for the tenths, which matter was certified by the bishop into the Exchequer, whereupon and by force of the statute of the 26 H. 8. the church is ipso facto void ; wherefore the bishop the now defendant being patron in right of his bishoprick, did present Thomas Leigh the other defendant, against whom the Queen brought her quare impedit : and it was adjudged by the Court that the quare impedit very well lies ; for the recusancy to pay the tenths was his own act, and is a resignation, and 'by that reason the church is void, and his shall not hinder the Queen of the lapse; but if A. the incumbent who was presented, dies, being presented by usurpation upon the lapse to the Queen, yet afterwards the right patron shall present again : but when A. the incumbent doth resigne and make the church void by his own act, viz. by recusancy, as in this case is done, this may be done by collusion, and by such means the Queen may be deprived of her title by lapse : for if this collusion between the bishop and the...
To continue reading
Request your trial
-
C Against Dt And Others In Respect Of Rt
...Respondent In respect of RT Protected Person Act: Jackson Alt: Guinnane , counsel for first respondent; Cooney for the protected person GLASG OW 5 February 2021 The Sheriff, having resumed consideration of the cause, finds the following facts admitted or proved: (1) The protected person is ......
-
Attorney General, at the relation, & v Magdalen College, Oxford
...Lackey v. Locket/ (Prec. Ch. 518); SaUceld v. Johnston (1 Macn.1& G. 242; I H. & Tvv. 329); Bromley v. Smith (1 Sim. 8); De Beauvoir v. Owen (5 Exch. R. 166); Humfre.y v. Gery (7 C. B. 567); Attorney-General v. Corporation of Worcester (9 Hare, 361). If the Crown were suing in its own right......
-
R v Secretary of State for the Home Department, ex parte Ku
...giving leave to enter, he would have ascertained that, applying the departmental criteria as set out in the Department's guidance leaflets OW5 and OW1B, leave to enter should not be given and that the permits should not have been issued. The permits specifically, and accurately, stated that......
-
The Commissioners of Church Temporalities in Ireland, Continued in the Name of The Irish Land Commission, Plaintiffs; Patrick Grant and Others, Defendants
...thereto acknowledged within the prescribed period : Paget v. Foley (2) ; James v. Salter (3) ; Doe d. Angell v. Angell (4) ; De Beauvoir v. Owen (5). It was not, therefore, unnecessary, as Mr. Smith appears to have thought, to decide whether tithe rentcharge should be regarded as "rent" or ......
-
Negligent Valuations and a Drop in the Property Market: the Limits of the Expectation Loss Principle
...in that it uses the terms of the contract as the basis for decidingwhether the loss attracts liability.The argument that something more...
-
ENVIRONMENTAL PERMITS: PUBLIC PROPERTY RIGHTS IN PRIVATE LANDS AND THE EXTRACTION AND REDISTRIBUTION OF PRIVATE WEALTH.
...value. Back in 1995, Professor Epstein famously termed such use of the permit power a "racket," (4) and as observed very recently by Dave Owen, (5) still today many landowners and conservative critics would agree with the Supreme Court's description of the process (in Nollan v. California C......
-
Testing the Effects of Procedural Justice and Overaccommodation in Traffic Stops
...exposed to the procedural jus-tice condition also indicated a greater feeling of obligation to obey (β = .213, p = .009), and more trust and...
-
Judicial precedent in the late eighteenth and early nineteenth centuries: a commentary on Chancellor Kent's Commentaries.
...to such a question, as that now under consideration, and to such decisions as those which have been rendered upon it."). (243.) State v. Owen, 5 N.C. (1 Mur.) 452, 463 (1810) (Taylor, J., (244.) Bush v. Bradley, 4 Day 298, 305 (Conn. 1810) (Reeve, J.). The court went on to acknowledge that ......
-
Blackpool Improvement Act 1920
...servants to be under direction of the coui- panies' station- master. Alteration of junctioii~ atid sidings for railway compauieq' 11LlI'~OW5. AltereJ jllll'?- t ioiis aiitl sidings to be subject to tilib :rgreerneiit. Gates aiid fences. [Ch. lxxxiii.] Blackpool Ir?yrocement [lo CP; 11 GEO. ......
-
Pilotage Orders Confirmation (No.1) Act 1921
...a person interested in shipping tlic -\ritliority sluill appoint such a person as :i further additional sub-comi~iissioner. A.D. 1921. Padsf ow. .- 5.-(1) The Aiitliori ty may tlelegate to tlie snl~-coinniis- Powers uf . sioners any of their pon-~rs or duties iintler tIie f'ilotagt: Act ~!l......
-
Local Government Board's Provisional Orders Confirmation (No.7) Act 1908
...of 1893 for enabling tlic said Commissioners to hot row atltlitional iiioiieys for the p~irlm\c\ U[ their niarkct undertaking and 0th purl)ow5 ancl with respect to thc iriotlc of repayment ol moneys horrowccl under that Ortlcr , And whereas it is expedient that tlie Coiporatioii should be e......