Shower's Cases in Parliment Resolved And Adjudged Upon Petitions And Writs of Error. [1694-1734]
Shower's Cases in Parliment Resolved And Adjudged Upon Petitions And Writs of Error. [1694-1734]
Great Britain. Parliament. House of Lords
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Lutw. I094« 4 Mod. 1 34. 2 Salic. 539. Carth. 311. ^uare ImpeMt, How the Suffi- ciency in Learn- ing of the Pre- fentee to a Benefice it to be tried. The Bijhop of Exeter & aP verfus Sampfon Hele. Writ of Error upon a Judgment in a ^are Impedit in C. B. affirmed in B. R. The Cafe upon the Record was thus : HELE brings his ^are Impedit^ as feifed of the Manor of Southpdg in Com* Devon\ to which the Advowjbn of the Church of Southpole belongs, in his Demefne as of Fee, and Jo being jeifed he prej...ented thereunto, when Vacant, John Ult\ his Clerk, who at his Pre/entation was admitted and injlituted ; that it became void by his Death, and belonged to him to pre- sent ; and that the jaid Bijhop and Gauwyn Hayman hinder him, ad dampn* i^c. The Defendants came and defend vim i^ injur* quando^ i^c. and the Bijhop Jays, jf^io non^ quia dicit^ that the Church is within his Dioce/e, and that he claims nothing in it but as Ordinary ; that 'tis a Benefice with Cure of Souls ; that 1 5 Aprilis Anno Williebni ^ Maria fecundo it became void by the Jaid Incumbent's Death, he being Ordinary, after which Vacancy, and within Jix Months prox* po/t mortem pratf J.
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