bishop Salisbury vers fillip Writ of error and plead post vol p in quare  hinder the declaration may describe the church with a alias though the writ do  not a covenant between jointtenants of a advowson in gross to present by turn  amount to a partition and will enable each of they individual in his turn to  maintain a quare hinder even against a stranger S C salk Carth Mod holt a  bishop defendant in a quare hinder can after insist on a right by lapse and  confess and avoid a presentation state by the plaintiff object to the  sufficiency of the right set out in the declaration to present error upon a  judgement in quare hinder after verdict for the plaintiff the plaintiff  declare that a and b be jointtenants of the advowson of the church in gross  and be joint seize by indenture between they agree that they shall stand seize  of that advowson in common and present several by turn Lord Raymond er p and  lie several presentation by each of they and the plaintiff claim as executor  to his father the assignee of one of the say party for a disturbance in the  time of the father the bishop plead that it come to he by lapse the plaintiff  reply and show that he present sims within six month and the bishop refuse he  the bishop rejoin and confess the presentation and that the clerk come to he  and that he give he time to prepare for his examination for three day and that  the clerk go away and never return and issue upon the rejoinder and verdict  and judgement for the plaintiff in the Lord Raymond common plea Mr Carthew for  the plaintiff in error assign a variance between the original and the  declaration the original be looks like ad church de Staunton and the  declaration be Staunton alias StauntonFitzberbert but per holt one name be  enough and therefore non exception it appear that the plaintiff have not any  title for this indenture nil service but be only good by way of covenant for  if it be in case of land it will not amount to a partition for nothing can do  that but what divide the title and make several right to several part which  can be in this case of one entire thing and if it be admit that this agreement  will make they tenant in common it will nevertheless be ill for they can not  present single and if they do the clerk may be refuse nor can the one of they  grant the whole which each of they ought to have if this shall amount to a  division for they can have part of a entire thing and so two advowson shall be  make of one and there be no case in all the look of the law which warrant it  holt chief justice doubtless they may make partition to present by turn and  that a will divide the inheritance for a certain distance and a create  separate right so that the one shall present in the one turn and the other in  the other which be a sufficient partition for partition of the profit be a  partition of the thing where the thing and the profit be the same indeed it  can make two advowson out of one but it can create distinct right to present  in the several turn but if this shall not make a good partition the question  be if one of they present and the bishop do not refuse his clerk for that  reason but refuse he obstinate without any cause and a quare hinder be bring  and admit to be good whether the grantee shall not recover his presentation  the chief justice think this to be a very plain case but at another day  because Mr Carthew be so positive in the matter that there be no authority in  the book which warrant this case he say that by Westminster Edward saint c S  if diverse person claim a advowson make composition upon record to present by  turn and this composition be execute by presentation by one of the party the  other may have a to know facias upon this agreement be upon record and he be  not put to his quare hinder and that not only in a case of a disturbance by  one who be party to the agreement but by a stranger and that statute do not  extend only to privy in blood but also as Inst say to stranger also which must  be of tenant in common in h dyer a pl if tenant in common of a advowson make  composition to present by turn and that be execute of all party in a quare  hinder bring by any of they they have no need to make mention of the  composition which show that by the Lord Raymond composition the inheritance  and right be sever and a separate interest vest in each of they to present  alternate the only difference be that in case of coparceners they be privy in  blood the a partition may be by parole but between tenant in common it must b  be by deed Fitzherbert nat Br d f Henry b and in   Entr by grantee of a next  avoidance by a man who be so to present by turn declare in quare hinder  positive upon his grant that he be possessionatus de advocation church  prediction pro prima et neighbor vacation the same and in Fitzb nat Br a there  be a strong case where a manor with a advowson appendant descend to two  coparceners and they make partition of the demesne and to present several by  turn to the church this be a good partition and the c advowson be appendant at  one turn to one part of the demesne and at the other to the other Mr Carthew  cite a case in Mod to the contrary to which holt chief justice in iris i say  that no book ought to be cite at the bar but those which be licence by the  judge judgement be affirm ex relation mri Jacob a vide Ann c a d send for die  a pl ante bro how imp pl wats c that Edward p b Acc wats c that Edward p c  vide ante and the case there cite salk Lord Raymond er p