bacon against the bishop OF Carlisle and another if the incumbent be deprive  for not subscribe the article the ordinary must give personal notice to the  patron a notification public read in the church and fix to the door there be  not sufficient in the intimation of such deprivation he shall be call late  incumbent and strew to be such person as be bind to subscribe within the  statute quare mpedit by Bacon against the bishop of Carlisle and Witton clerk  the plaintiff count of a presentation make to one Twaytes by a abbot in the  time of h and make his title by grant of the next avoidance make by the abbot  and his convent and that the church be now void by dleprWation of the say t  general and the bishop as ordinary entitle himself by lapse by reason of the  say deprivation of t because he not be minister accord to the order make in  the time of Edward and in the time of the present queen do not subscribe to  the article of religion accord to the statute of the that of the now queen c  wherefore the church be void c and Witton his clerk plead the same plea and  issue be join upon notice give by the bishop to the patron of that deprivation  S whether the bishop have notify to the aforesaid plaintiff the say  deprivation at the church aforesaid as the bishop have allege or not and the  jury give a special verdict S that the bishop notify the nonsubscription  aforesaid by t to the article aforesaid at the church aforesaid by his certain  intimation seal of the tenor follow S r bishop of a to all rector vicar with  cure without cure clerk and letter man whatsoever within our diocese of c  health since r t clerk perpetual vicar of the perpetual vicarage of the  parishchurch of a in our diocese have not subscribe the article c accord to  the statute c we command they all and especial the curate of a to declare in  the say church of a the say nonsubscription c and the jury further find that  the say intimation be public read in English by the curate in the pulpit in  the say church of a on the day of the Epiphany of our Lord in the time of  divine service in the morning c and afterward be affix on the door of the  church by a general apparitor c and whether this matter be sufficient  notification to the say plaifiti of the say deprivation of t or not they be  ignorant and pray the advice of the justice note no mention of the patron or  of his name in the intimation also no express mention be make of the  deprivation accord to the proviso in the statute aforesaid but that t have not  subscribe to the article nor any matter of qualification of t that he ought or  need to subscribe but he be call in the instrument dyer perpetual vicar and  not late vicar therefore then he be not deprive at the time of the date of the  intimation wherefore no deprivation be or can be notify also quaere of the  matter in law of such public notice at the church c and not dyer a er p to the  person of the patron and note the favour of the jury to the defendant who find  in their verdict that Thwaytes the last incumbent not have order for celebrate  divine service accord to the form of the statute of raw or as be use at  present have not declare his assent before the ordinary or subscribe to the  article c which be matter decors their issue and charge therefore there ought  to be no regard to that and note the opinion of the civilian that this  intimation be not sufficient to prejudice the patron because it be upon a  statute penal to the incumbent and penal to the patron to make he lose his  presentation and therefore such notice to the patron ought to be true proper  and personal and not fictitious and the intimation ought to notify that the  ordinary have deprive he by sentence declaratory for nonassent and  nonsubscription to the article accord to the statute otherwise it shall be  intend that the ordinary be content to permit he c and on the last day of term  it be resolve in the exchequer Chamber by the opinion of all the justice and  of the chief baron of the exchequer except Harper and mounson absent gawdy  that the say instrument be insufficient for the cause abovesaid and thereupon  in the bench on the same day judgement be give for Bacon