chichley versus the bishop OF ely quare hinder I croak dame Dorothy chichley  bring a quare hinder against Nich bishop of Ely and mark Thompson the  incumbent for the church of wimple and count that Thomas chichley be seize of  the advowson of the say church in fee as in gross and present to it be void  Edward martial which be institute and induct and afterward the say Thomas  Chicbley die seize and the advowson descend to his son and heir sir Thomas  chichley who by his deed indent c for the increase of the jointure of the  plaintiff rant the say advowson to Thomas east and Edward I anger and their  heir to the use of the say plaintiff for life and afterward to the use of the  Hutton heir male of the body of sir Thomas chichley and that by force thereof  she be seize for life and the church be void by the death of the say Edward  martial she present and the defendant disturb her the say bishop die and the  defendant plead that he be parsona imparsonata ex presentation domini king  nunc and say that sir Thomas Chicbley be seize in fee of the say advowson and  also of the manor of Preston and diverse other land in the county of Cambridge  which manor and land be hold of king James in capite by knightsservice and be  so seize be die and that this advowson and the manor descend to Thomas  Chicbley his son and heir who at the time of his Hutton er p death be within  age and that afterward by force of a writ of they to shut extrdmum this matter  be find whereby the king seize the body and be possess of the manor and of the  advowson and that the say king James die the king which now be to take regimen  bujus royal power and be possess and the church become void and the king by  his letter patent under the great seal present the defendant Thompson and  traverse the grant make by sir Thomas Chicbley to Thomas east and Edward anger  of the say advowson as the plaintiff have allege the plaintiff reply  protestand that the defendant be not parson imparson and that the plea be  insufficient pro plea to say quod non to have some tale record ankle search  post death proadicti Thomee Chicbley soldier modus form prout whereupon the  defendant demurrer and after many argument at bar by Atho henden davenport and  Hedley it be adjudge for the defendant and that the title of the plaintiff be  traverse it ought to have be maintain and not to traverse other matter allege  by the defendant for traverse upon traverse be only when the matter traverse  be but inducement also it appear full that the king be entitle to this  presentation though there be not any office vide e h and then all the title of  the king shall be answer and therefore the denial of the office be not  material for if he die seize the king may present without office vide Bendoes  case Elizabeth rot Crachford against Gregory Lord Dacres when the king be  entitle by office to a advowson though the very title be in a stranger yet if  the church be void and he which have title present this be but usurpation vide  h Kel h ibidem fol vide e e or of thing which lie in grant the king be in  actual possession e Stamf fol r issue h Kel new book of entry fol vide there  that traverse be allow to be take upon traverse vide for that h e dyer e e  when two title appear for the king as here the die seize of the advowson of  sir Thomas c who also die seize of the manor of Preston hold in capite that be  a good title and the office find be another title and both to be answer in  case of the king vide for that matter h e e h h e in case of several charge to  the king although the king be not party yet they ought to be answer Hedley  sergeant argue for the plaintiff that the presentment of Hutton the king toll  all the right of the plaintiff and therefore only ought to be answer and he  ought not to traverse the title of the plaintiff which by the plea be toll but  notwithstanding that he answer not the die seize of the advowson and the  tenure by which the king be entitle upon the office and therefore all be one  and the plaintiff have wave his title and not maintain it and therefore  judgement be give for the defendant PAsai car