a report of the opinion of the justice of the common bench in a case argue by  they in Trinity term in the that year of the reign of queen Elizabeth upon a  demurrer in a Writ of annuity bring by edmund hare against thomas Bickley  prebendary of the prebend of Alderwas in the cathedral church of Litchfield  successor to one Alban Langdale who grant the say annuity and the record  thereof be enter among the record of Hillary term Elizabeth rot and be as  follow lone Thomas Bickley late of the city of Litchfield in the county of the  city of Litchfield clerk prebendary of the prebend of Alderwas in the  cathedral church of Litchfield wit summon to answer Edmund hare other call  Edmund hare scholar in peterhouse within the university of Cambridge of a plea  that he render to he pound S which to he be arrear of a annual rend of S which  he owe he c and whereupon the same Edmund by Apollo plain his attorney say  that whereas one Alban Langdale clerk late prebendary of the prebend of  Alderwas in the cathedral church of Litchfield in the county of Stafford  predecessor of the aforesaid Thomas Bickley the that day of January in the  first year of the reign of the lady the queen now at Holborn in the aforesaid  county of Middlesex by his certain write bear date the that day of January in  the first year of the reign of the say lady the queen now and first deliver to  the same Edmund the aforesaid that day of the same month of January in the  first year abovesaid which the same Edmund here produce in court seal with the  seal of the aforesaid Alban by the name of Alban lan dale clerk doctor of  divinity and prebendary of the prebend call Alderwas in the cathedral church  of Litchfield in the county of Stafford for diverse many good and reasonable  consideration he special move have give grant and by the same write give and  grant for himself and his successor to the same Edmund by the name of Edmund  hare scholar in peterhouse within the university of Cambridge the annual rend  aforesaid by the name of a certain annuity or annual rend of pound of good and  lawful money of England issue out of all and singular the manor message land  tenement and hereditament belong or in any wise appertain to the prebend  aforesaid or be part parcel or member of the same prebend to have perceive and  enjoy the aforesaid annuity or annual rend to the same Edmund and to his  assign Plowden for and during the natural life of the say Edmund to be pay  annual at the stone font in the cathedral church of saint Paul in the city of  London at two time of the ear by equal portion videlicet on the that day of  April and the that day of October between the hour of one and three in the  afternoon of each day of those several day of April and October the first  payment thereof to begin the that day of October then next follow the date of  the same Plowden er p write as by the same write more full appear see Bac Abr  as to the necessity of the confirmation of the bishop and afterward videlicet  the last day of January in the abovesaid saint year of the reign of the say  lady the queen now one Ralph then bishop of Coventry and Litchfield and true  and undoubted patron of the prebend aforesaid in right of his church at  Holborn aforesaid in the aforesaid county of Middlesex by his certain write of  confirmation bear date the d day of January in the year of the Lord and first  deliver to the same Edmund the aforesaid last day of January in the saint year  abovesaid which the same Edmund here produce into court seal with the seal of  the say bishop the aforesaid gift and grant of the aforesaid annuity or annual  rend to the same Edmund by the aforesaid Alban by the write aforesaid in form  aforesaid grant and all and singular thing in the same write contain and  specify accept approve ratify and by his authority pontifical and ordinary as  much as in he be by his same write confirm as by his same write likewise more  full appear and afterward videlicet the d day of February in the year of the  Lord aforesaid John Ramridge clerk dean of the aforesaid cathedral church of  Litchfield and the chapter of the same place at the city of Litchfield  aforesaid by their certain write of confirmation which the same Edmund here  likewise produce into court seal with the common seal of the say dean and  chapter the date whereof be at Litchfield aforesaid in the chapterhouse of the  same dean and chapter the same d day of February in the year of the Lord  abovesaid the aforesaid gift and grant of the aforesaid annuity or annual rend  and all and singular thing in the aforesaid write of the aforesaid Alban  specify as much as to they the say dean and chapter belong accept approve and  by their same write ratify and by the same tenor of the same write of the same  dean and chapter by their capitular authority confirm as by the same write  likewise more full appear and afterward the aforesaid Alban from the prebend  aforesaid for certain cause lawful be deprive after which say deprivation one  Thomas Drentham then bishop of Coventry and Litchfield that prebend confer to  the aforesaid Thomas Bickley and he cause to be institute and induct and to be  put into the corporal possession of the same prebend and the same Thomas  Bickley the aforesaid annual rend by seventeen year and the half of one year  next before the day of obtain the writ original of he the say Edmund videlicet  the d day of January in the that year of the reign of the say lady the queen  now from the same Edmund withdraw and the same to he hitherto to render have  refuse and yet do refuse wherefore he say that he be damnified and have damage  to the value of pound and therefore he produce the suit c and the aforesaid  Thomas by Christopher crow his attorney come and defend the force and injury  when c and say that the aforesaid Edmund his action aforesaid against he ought  not to have because he say that before the make of the aforesaid write of the  grant of the annual rend aforesaid videlicet the that day of November in the  abovesaid saint ear of the reign of the say lady the queen now the prebend  aforesaid become vacant by the death of one Adam pie clerk whereby the  aforesaid Ralph then bishop of Coventry and Litchfield ordinary of the same  place and true and undoubted patron of that prebend in right of his bishopric  the that day of January in the saint year abovesaid confer the aforesaid  prebend to the aforesaid Alban and he cause to be institute into the same and  afterward videlicet the d day of February in the saint year abovesaid the  aforesaid Alban into the aforesaid prebend lawful be install and induct and  not before so that he the same Thomas Bickley say that the aforesaid grant of  the annual rend aforesaid be mesne between the aforesaid collation and  institution of the aforesaid Alban to the prebend aforesaid and the  installation and induction of the same Alban into the same and this he be  ready to verify wherefore he pray judgement if the aforesaid Edmund his action  aforesaid against he ought to have c plaintiff demurrer and the aforesaid  Edmund say that the aforesaid plea of the aforesaid Thomas above in bar of the  action aforesaid plead be insufficient in law to preclude he the say Edmund  from have his action aforesaid against the aforesaid Thomas and that he to  that plea in manner and form aforesaid plead have no necessity nor be by the  law of the land bind to answer and this he be ready to Plowden er p verify  wherefore for want of a sufficient answer in this behalf he the same Edmund  pray judgement and the annual rend aforesaid together with the arrearage of  the same and his damage by occasion of the withdraw of the say annual rend to  be adjudge to he c joinder demurrer and the aforesaid Thomas for that he have  above allege sufficient matter in law in bar of the action of the aforesaid  Edmund which he be ready to verify which say matter the aforesaid Edmund do  not deny nor thereunto in any wise answer but that averment whole refuse to  admit as before pray judgement and that the same Edmund from have his action  aforesaid Plowden against he may be preclude c and because the justice here  will advice themselves of and upon the premise before they give judgement  thereon day be give to the party aforesaid here until from the day of easter  in day to hear their judgement thereon because the same justice here thereof  not yet c the case a annuity grant by a prebendary after admission and  institution and before induction be not good to charge the prebend S p finch  finch Kitch wats finish incumb vin Abr title confirmation e pl and S p hold by  three justice against one pasch j Elizabeth die pl which case be almost the  same in boundary with the present it appear by the record that the plaintiff  have bring a writ of annuity against Thomas Bickley prebendary upon a grant of  a annuity of pound out of the prebend make to he by deed by one Langdale the  defendant predecessor after the bishop have confer the prebend on he and have  institute he and before he be install and induct which grant the bishop  confirm before induction and the dean and chapter confirm it the same day on  which the installation and induction be and for the arrear for year and a half  the plaintiff bring his writ against Bickley the successor and upon this  matter the party demurrer in judgement and it be argue as well at the bench a  sit the bar but I do not hear mead justice argue though I hear the argument of  the other three and all the justice unanimous agree that the grant be not good  to bind the successor because it be make before induction at which time it be  not a good grant for the successor shall not be bind but in respect that the  grant be good to charge the prebend and the prebendary can not charge it  before he be induct a t h pl die pl pl roll Abr pl more keb vent finch finch  Kitch infra a because the induction make he to have the actual possession of  the prebend and to have the freehold in deed of the possession thereof for  before induction he have not the freehold either in deed or in law b h Edward  a per Kirt t h pl more roll Abr Q pi b but the collation and induction make he  as well as it make a parson or vicar to have the cure of soul and it enable  they to administer the sacrament to the parishioner and to perform all divine  service so that he be a prebendary or parson to such purpose c finch finch b  post g   finish copyh foe c but yet a prebendary can lawful have seize of the  house glebe or tithe in our law before his installation nor the parson before  his induction d vin Abr title presentation c b pl in notorious facts vent post  h d and the installation be to be do to the prebendary by the dean and chapter  and the induction to the parson or vicar by the archdeacon and although a  common person may have a quare hinder and declare that his clerk be present  admit and institute e t h pi per knightly et Shelley bro law p Edward a per  Thorp die pl roll Abr pl wats finish incumb vin Abr title presentation d b pl  e yet he shall never have a writ of right of advowson in our law unless his  clerk be induct for in a writ of right of advowson he ought to allege esplees  in his clerk as in take the great Plowden er p tithe and that he can do  without induction and before induction no parson vicar or prebendary shall  have f t h j in fine casus bro spoliation f spoliation or action of trespass  or assize for the induction give the temporal possession and if he will pray  in aid of the patron or ordinary in a writ of annuity he ought to say as  mounson say that he be parson of the aforesaid church impersonate in the same  on the presentation of a b patron of the same church and that he find his  church discharge of the annuity and that he can charge the same church without  the patron and ordinary and so he shall demand aid of they but he can say g  die pl in fine g that he be parson imparsonee if he have no induction h Edward  b a Fitzherbert quare hinder wats finish incumb h and manwood cite the case in  Edward where the chancellor of England who office it be to present to all the  king church under the annual value of mark be apprise that a advowson of the  king of the value of S be void present to it and his clerk be admit and  institute and the bishop send his mandate to his archdeacon to induct he and  before he be induct the king be apprise that the advowson be of the value of  pound send a inhibition to the bishop and present his clerk to he and a month  after the delivery of the inhibition the chancellor clerk be induct and  thereupon the king bring a quare hinder against the bishop upon which matter  it be demurrer in law and judgement be give for the king and a writ be award  for he to the bishop for the chancellor clerk be not a full parson before  induction for it be there hold I h Edward a per knivet h Edward pl Fitzherbert  quare hinder bro presentment all church m h b bro plenarty I that if the  bishop make admission and institution to his own clerk and by the death of the  bishop the temperality come into the king hand before induction the king shall  have the presentation and also it be there put king p Edward a per Thorp p  Edward b per Keble hob finch king that if one who hold of the king present to  a church and his presentee be admit and institute and before induction the  patron die and the church come into the king hand the king shall present to  this avoidance whereby it appear that without induction which be a corporal  possession he who be admit and institute be not parson and it be there say  that the bishop may have countermand his mandate to his archdeacon who be but  his see more lev keb minister and because he do not he be a disturber so that  a writ be there award against he for the king from which case one may see that  l above a l without induction the party have not corporal seize nor be a full  incumbent m m h pl a Fitzherbert confirmation bro roll Abr z wats finish  incumb m and to this purpose manwood also cite the case in h where the king  bring a quare hinder against the bishop of Coventry and Litchfield and the  incumbent of a prebend the incumbent plead collation by the bishop and that he  be induct and that the king have by his letterspatent ratify and confirm to he  his estate for term of his life to which the king reply that he be not induct  at the time of the confirmation and this matter be well debate issue be  afterward join thereupon so that from hence it be to be observe that no  possession can he have before induction Plowden and without possession  confirmation be worth nothing a h h pl Fitzherbert quare hinder wats finish  incumb a and to the like effect he also cite the case in h in a quare hinder  where one have in tail the nomination of a clerk to a abbot and to his  successor who be to present the clerk nominate to the bishop and the issue in  tail bring a quare hinder against the abbot for it be there hold that be who  have the nomination be able to bring a quare hinder because the nomination be  the b lane wats finish incumb ante p post d b effect of the advowson and he  that have the nomination be the patron and the other who be to present he be a  subject and servant to execute the presentment and there the abbot Plowden er  p plead that his predecessor present I S to the advowson without the  nomination of he who claim the nomination which I S be receive institute and  induct and also he plead the release of the collateral ancestor of the tenant  in tail with warranty which descend after the say usurpation and the plaintiff  traverse the induction for hankford say that if the incumbent be induct upon  the presentation of the abbot without any nomination of the plaintiff tenant  in tail then be the tenant in tail c see wats finish incumb c out of  possession in which case the release and warranty may take effect but  otherwise not so that it seem by the book that the issue shall be take upon  the induction for the induction of the incumbent vest the possession of the  patronage in he who present he and put he that have right out of possession so  that he have no possession leave in he but a right only which shall be bind by  the collateral warranty d Edward b b Fitzherbert trial bro visne d also he say  that there be a case in Edward in a to know facias which be twice argue there  and be thus the dean and chapter of Litchfield sue a writ of annuity against  one I who be vicar of the church of Winwick in the county of Lancaster and  allege seize in the county of Stafford where the writ be bring the defendant  pray in aid of patron and ordinary and the ordinary join and the patron be  warn make default and the defendant traverse the title which be find against  he whereby the plaintiff have judgement to recover and a to know facias be sue  in the county of Stafford against the successor of the vicar to have execution  of the arrear incur since that time and he pray in aid of the patron and  ordinary and the ordinary make default and the patron appear and join with the  defendant and they plead that the church of Winwick and the whole parish of  Winwick be within the county of Lancaster and that the say I against who the  first writ of annuity be bring be not vicar of Winwick aforesaid the day of  the first writ purchase nor at any time pen that writ nor at any time  afterward so that the recovery be void and the plaintiff maintain the contrary  wherefore they be at issue thereupon and whether it shall be try in the county  of Lancaster or in the county of Stafford be much debate and at last it be the  better opinion that it shall be try in the county of Lancaster where the  church be for that none can be parson without induction and the induction be  triable per pais and not by the bishop because it be a temporal possession and  that can be do but where the church be and it be to be presume that in that  county it be best know whether he be vicar and where the seize be from which  case he say it appear that the induction be the principal thing which make the  prebendary to be a prebendary and to have corporal seize and to be able to  charge the possession of the prebend which he can do before induction and he  say as a e   Litt b a b roll Abr S pl Bac Abr f e woman who have recover dower  can enter but ought to have seize deliver to her by the sheriff and as a f see    b Kitch   finish copyh foe f copyholder to who a copyhold tenement be  descend ought to be admit by the lord before he shall have seize in the  judgement of law g ante c and d g so he who be admit or institute to a prebend  parsonage or vicarage can have seize nor be a full incumbent until the  archdeacon have induct he or if he be a prebendary until the dean and chapter  of the cathedral church where the prebend be have install he h see ante d and  the book there cite h and the Lord dyer say that the archdeacon can induct any  prebendary but the dean and chapter of the cathedral church of which he be a  prebendary ought to install and induct he and many other thing be say touch  this point which I have not here recite my intent be brief to show the reason  and cause of the judgement wherefore it be the opinion of all the justice that  the grant of the annuity make by the prebendary before his installation and  induction be not good to charge the prebend and consequent that the action do  not lie exception to the declaration and the Lord dyer take three exception to  the declaration the first be for that it be therein contain that Langdale the  Plowden er p prebendary of the prebend of Alderwas in the cathedral church of  Litchfield make the grant and the name of the saint who be patron of the say  church be not mention whereas it ought to have be say in the cathedral church  of si I have in Litchfield for every cathedral church have a saint which be  name as patron the second be for that the writ be bring in the county of  Middlesex I die pl I whereas it ought to have be bring in the county where the  cathedral church be in which the prebend S for although the grant of the  annuity be in the county of Middlesex yet the charge be impose upon the  prebend and in respect thereof the prebendary be charge so that the cause of  action arise where the body of the prebend be and the action ought to have be  bring in that county and not in Middlesex the three be for that the  confirmation of the bishop be plead and he be call patron and it be not say  that he be the ordinary of the place for he may be patron and not ordinary  because another may be ordinary Plowden j note these seem to be the  observation of the reporter j but these exception do not seem to be the cause  of the judgement for as to the first it do not appear to the court that the  cathedral church have any saint as patron of the same church and a cathedral  church may be without any such patron and as to the second there be two cause  which charge the successor here the one be the grant which be in Middlesex the  other be the prebend which be in another county vide   b and forasmuch as two  thing in several county be the cause of the action it be sufficient to bring  the action in one of the county see it can be bring in both and as to the  three exception it appear upon record by the count that the bishop of  Litchfield be patron see die pl roll Abr pl Bac Abr that the bishop be patron  and ordinary of every prebend and ordinary of the prebend for the count be  that the bishop by his authority pontifical and ordinary confirm c and so he  shall be take to continue and afterward judgement be give that the plea in bar  be sufficient wherein it be imply that the count be good which judgement here  follow the rest of the record judgement at which day here come as well the  aforesaid Edmund hare as the aforesaid Thomas Bickley by their atorneys  aforesaid whereupon the aforesaid plea of the aforesaid Thomas above in bar of  the action aforesaid plead be see and by the justice here more full understand  it seem to the same justice here that the say plea be sufficient in law to  preclude the aforesaid Edmund from have his action aforesaid against the  aforesaid Thomas therefore it be consider that the aforesaid Edmund take  nothing by his writ aforesaid but be in mercy for his false claim and that the  aforesaid Thomas go thereof without day c