Boston University School of Law

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Seipp Number:
Year
Court
Writ
Marginal Heading
1424.009 1424 Common Pleas Quare impedit Diversitie
Term
Regnal Year
King: Plea Number Folio Number
Pasch. 2 Hen. 6 [7] (not 2) 10a-10b
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Rolf, Thomas Sjt (for P)
Cottesmore, John Sjt (for D)
Rolf, Thomas Sjt
Martin, John JCP
Rolf, Thomas Sjt
Cottesmore, John Sjt
Martin, John JCP
H. W. of
Other Plaintiffs Other Names Places Other Defendents
R., clerk L., church of
Abridgements Cross-References Statutes
Fitzherbert Que estate 3
Brooke Que estate 1, Titles 41 
21 Hen. 6, fol. 9b (contra)
39 Hen. 6, fol. 8
Brooke New Cases 468
28 Edw. 3, Lib. Ass. pl. 23
8 Edw. 4, fol. 25
4 Edw. 4, fol. 16
9 Edw. 4, fol. 3
29 Edw. 3, Lib. Ass. pl. 19
21 Hen. 6, fol. 31
18 Edw. 4, fol. 32
22 Hen. 6, fol. 38
30 Hen. 6, fol. 7
6 Edw. 4, fol. 12
3 Hen. 4, fol. 9
3 Hen. 6, fol. 11, 12
18 Edw. 4, fol. 30b
Brooke New cases 34 
Statute of Quia emptores terrarum (1290), ch. 1 (18 Edw. 1) 
Incipit (First Line) Number of Lines
W. de H. porte Quare impedit envers T. Evesque de Rochester, & auters. Et le plaintiff counta 37
Process and Pleading
Plaintiff counted that defendants disturbed plaintiff's presentation to a church.
Defendant patron pleaded by protest that he had the estate to the land to which the advowson belonged.
Defendant incumbent pleaded that he was in by the presentment of defendant patron.
Defendant bishop pleaded that he claimed nothing except as ordinary.
Plaintiff replied that defendant had not denied plaintiff's seisin and demanded a writ to the bishop.
Plaintiff's count abated.
Language Notes (Law French)
Martin JCP: en l'Avowry l'avowant est actor, & le plaintiff est devenu defendant en quel case
Abstract Context
John Langdon was Bishop of Rochester from 17 Nov. 1421 to 30 Sept. 1434. The most recent 'T', Thomas Brinton, was Bishop of Rochester from 1373 to 1389
Commentary & Paraphrase
Sjt Rolf (for P): 4 named persons were seised of a carucate of land, to which the advowson was appendant, who presented his clerk R. who was received, instituted, and inducted. Then R. resigned the church into the bishop's hands, at which time plaintiff had the estate in the carucate of land.
Sjt Cottesmore (for D): one was seised of the land and enfeoffed 4 (not 3) of them and their heirs always, then one of them died, then the other 3 were seised by the survivor, then 1 of the 3 released all of his right to the 2, whose estate defendant had before R.'s resignation.
Manuscripts Mss Notes Editing Notes Errors
Translations/Editions
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
0 2002-02-24
Keywords
Bishop
Count
Disturbance
Presentment
Church
Voidance
Nomination
Reason
Name
Seisin
Demesne
Fee
Advowson
Appendant
Clerk
Receipt
Institution
Induction
Resignation
Hand
Estate
Protest
Acknowledgement
Feoffment
Heir
Force
Death
Survivorship
Survivor
Release
Right
Claim
Ordinary
Denial
Demand
Judgment
Writ to the Bishop
Challenge
Conveyance
Word
Certainty
Need
Manner
Disseisin
Cause
Avowry
Stranger
Truth
True Tenant
Statute
Avowant
Actor
Case
Services
Matter
Bar
Plea
Cosinage
Ancestor
Showing
Entitlement
Way
Title
Traverse
Declaration
Issue
Uncertainty
Sufferance
Loss
Answer
Opinion
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