Carthew the bishop OF Exeter versus he will Trin will mark b r rot lev SC Mod  SC salk SC comb S c parliament case Lutw plea in a quare hinder not good error  of a judgement in the c b in a quare hinder bring by Samson Hele Esq against  Jonathan bishop of Exeter and gawen Hayman clerk wherein Hele declare that he  be seize in fee of the manor of Southpool in Devonshire to which the advowson  of the church of Southpool be appendant and that he have present one Ultramere  thereunto who be admit institute and induct and be now dead whereupon the  church be void and it belong to he to present c the bishop plead that he claim  nothing but as ordinary but set out far that this church be a benefice with a  cure of soul and that it become void April year will mark by the death of the  say Ultramere that on the that of may follow the plaintiff present one Francis  Hodder as his clerk and that the say Hodder tempore proesentationis that to be  mask in literature minus sufficient seu capax ad habendum dictam church upon  which he the bishop examine the say Hodder concern his ability and upon  examination find he before mask in literature insufficien she ration mask  difficult to handle minus fit ad habend prediction kindness cum spear air and  therefore he the bishop refuse to admit the say Hodder that afterward  videlicet June next follow he give the plaintiff notice of this matter that he  may present a new clerk but the plaintiff present no other so that the church  be vacant more than six month after the decease of the say Ultramere wherefore  after the six month be pass he the bishop collate the other defendant Hayman  by lapse Hayman the incumbent plead the same plea different to move the  plaintiff reply that Hodder at the time of the say presentation be and yet be  vicar of the parishchurch of Ugborough in the say county and that he be lawful  admit institute and induct thereunto and that he be a man in sacred order by  Episcopal ordination and that he be a preacher licence and allow by Anthony  late bishop of exon and have the Carthew cure of soul for many year and that  he be sufficient qualify as well to celebrate divine service as to administer  the holy sacrament c there be a frivolous rejoinder and the like surrejoinder  thereupon the defendant demurrer and judgement be give for the plaintiff in c  b the point controvert be first whether this replication be material and next  if the defendant S plea be good in manner as this set forth as to the  replication it be insist that it be good by way of conclusion against the  defendant to say that Hodder be minus sufficient in literature because he be  at that time a priest in order and have a cure of soul but this point be not  full resolve yet the court incline that the replication be ill and that Hodder  though a priest in order be yet subject to a examination of his ability upon a  new promotion as to the plea two objection be make to it that the bishop be a  disturber by his own show for that it appear by his Carthew er p plea that be  give no notice to the plaintiff until thirtytwo day after his refusal of  Hodder wherefore this long delay of notice amount to a disturbance Self facto  because the bishop in such case be bind to give notice to the patron with all  possible speed but the court give no opinion in this point the chief objection  to the plea be that the matter thereof be very incertain and so general that  no issue can be take for this not sufficient for the bishop to say in general  term that Hodder be mask in literature minus sufficient but he ought to set  forth in what particular part of learning he be insufficient because there be  several sort of learning which be not necessary to qualify a man to be a  divine therefore the bishop in such case ought to set forth the cause of his  refusal to admit the clerk of the rightful patron and this in a very  particular manner that the court may judge whether the cause be sufficient or  not and for this reason the judgement be affirm for both court be unanimous  that the plea be ill for this cause and Specot S case be hold to be a  authority in point Carthew but the bishop bring a writ of error in parliament  and there the judgement be reverse all that be urge be that Hodder do not  understand the Latin tongue for upon the bishop S examination he can not  translate the number thirtynine into Latin