case henry cort against the bishop OF saint David and other Hilary term car  roll error in a assize of darrein presentment Jones by Edward saint a essoin  not Allowable after default and resummons Inst Brownl cro James Com dig the  church be name in the plaint need not be name in the count tale de A standing  round can be award in a assize   a if the court overrule a party who offer a  demurrer to evidence this can be assign for error but be a proper case for a  bill of exception S C Jones hob dougl term Rep in what manner a verdict in  darrein presentment may find the issue post Watson c burn ecclesiastical the  grand session of Wales may send a prohibition and write to the spiritual court  within the principality side Jones Vaugh error of a judgement at the grand  session in the county of Pembroke in a assize of darrein presentment a by  Henry Cort against the bishop of saint David Dorothy Owen and Thomas Pritchard  for the church of Stackpoole a this case be move again and the judgement  confirm post a this writ be now become obsolete by the use of quare hinder  croak car er p the first error assign be because upon the first day Thomas  Pritchard appear and cast a essoin but the other two make default whereupon  resummons issue against they returnable die March next follow and at the next  day they cast a essoin which be challenge and deny and now move to be a error  for that there be not idem die give they as there be to the first when he  appear and be essoined and that there ought to have be one essoin allow unto  they say non allocatur for idem die shall not be give when they make default  and after once default and resummons a essoin be not Allowable by the express  word of the Edward c the second error assign be because the count be that he  present ad the same and do not name the church so it be uncertain say non  allocatur for the church be first name in the plaint and needs not to be name  again the three error assign be that tale de A standing round be award which  ought not to be in a assize but upon nisi prius which be hold a manifest error  if it have be so but upon view of the record there be not tale de A standing  round send quod to have ten tale secundum form to cause to stand for it be  intend by their petition that they take their assize in the grand session  which be appoint by the Henry c croak car the four error assign be because the  issue be whether Henry Cort do last present one Richard Dolber the last  incumbent who be institute and induct upon his presentation the plaintiff  offer in evidence letter of institution which appear to be and so mention that  they be seal with the seal of the bishop of London because the bishop of saint  David have not his seal of office there and those letter be make out of the  diocese and the defendant have demurrer thereupon that those letter be  sufficient and the demurrer be deny which Jones say be a error because they  ought to have permit the demurrer and shall have adjudge upon it but it be  hold that the not admit of the demurrer ought not to be assign for error for  when upon the evidence the matter be overrule by the justice of assize that be  a proper cause of a bill of exception and the remedy which the statute appoint  in such case and for the matter of the letter of institution seal within  another seal and make out of the diocese it be hold they be good enough for  the seal be not material it be a act make of the institution and the write and  seal be but a testimonial thereof which may be under any seal or in any place  but of that point they will advice the five error assign be because the  verdict find the issue for the plaintiff and that the church be full of the  defendant of the presentation of the other defendant per time halfyearly modus  past and do not show when and how many time it be void so as it may appear to  the court but white answer it be good enough for it be find by the jury that  the value of the church by the year be eighty pound and that it be void per  time halfyearly the court shall intend it to be the full time of half a year  and the judgement be only for the l be well enough and so the court a need the  six error assign be because the writ of admit the plaintiff clerk S award to  the archbishop of Canterbury for that the bishop of saint David be a party  whereas the justice of the grand session have no power to write to the  archbishop for they have no power to punish he if he do not obey and of that  point the court doubt but it seem prima fancy that they may well write to he  for it be now a court of the king and a quare non to send to lie if he do not  admit but when they be the march in Wales then they have no such power and for  that cause a quare hinder do lie in the adjoin county but not so at this day  but they will advice a a it be move again and the judgement affirm post croak  car er p