case drury against owner queen Michaelmas term pound Elizabeth roll in a quare  hinder against a three chaplain for hold a plurality on a retainer from a  widow countess it be not necessary to aver that the two first chaplain be  alive at the time of his take the second henefice ante SC more SC and SC jenk  cent SC   error of a judgement in the common plea the error assign be in point  of law but all the court resolve after argument to affirm the jud gment for  they all agree that although a earl or baron by the statute Hen c may have two  chaplain which shall have the privilege to have two henefices yet he may  retain as croak Elizabeth er p many chaplain as he will but the first two be  only the statutechaplains who shall have that privilege by the retainer that  they be enable to take a second henefice which shall not he take from they as  long as they remain chaplain nor any other retain afterward shall not prevent  they but it be then move that in regard the life of the two first chaplain be  not aver it shall he intend that they be dead or that the one of themmas dead  at the take of the second henefice for it be aver that they be alive at the  time of his retainer but not at the time of his take the henlefice and then he  be a chaplain enable to take a second henefice but Popham Clench and Fenner  hold that it be sufficient to aver the life at the time of theTetainment for  when he be not enable at the time of the retainment the death of the other  afterward shall not help he for he have not the privilege by his retainer and  the retainment as to this purpose be mere void for without a new retainer  after the death of the other two he shall not he enable to have this privilege  a but gawdy hold that the retainer be sufficient to give unto he the privilege  to have a plurality after the death of the other two but not before wherefore  their life ought to be aver but notwithstanding his opinion the other three  resolve ut above and two be adjudge accord and the judgement affirm