case XXXVI e dyer error quare hinder judgement damage cost judge and affirm in  error     sty dyer a a Cr Yel a recover in a quare hinder against the bishop  and incumbent by verdict and have judgement before the judge of assize and  nisi prius by the statute of west cap a have a writ to the metropolitan  because bishop pars the church be in the diocese of the bishop defendant the  bishop and incumbent bring a writ of error direct to the chief justice of the  common plea to reverse the judgement give there whereas it be not give there  yet the writ be good for there be no other form and the original be returnable  in the common plea and the count plea and issue and venire facias for the  trial be there and this be not like a judgement in a Jenkins er p assize and a  writ of error bring upon it for there the original and process and verdict be  all before the justice of assize and in such case a special writ of error be  frame and this judgement in assize can only be reverse in the king bench and  so it be of a judgement give by justice of nisi prius in a quare hinder beside  the point in issue the jury ought ex duty to inquire de fullness church et ex  pron  interrog  a placing before si time semesire praeteriit de valour church  per annum this verdict ex duty find that the incumbent be in by the  presentation of b who be not a party to the writ this be assign for error non  allocatur for this find be only ex duty and the incumbent by not plead it have  waive it if such plea or matter have be plead it will not have abate the writ  but it will have make the writ abateable and such matter be not assignable for  error a judgement where time halfyearly praeteriit be to recover the value of  the church for half a year this be assign for error non allocatur for the  statute of west cap which require a inquiry of these four point be to be  understand for the damage of two year value where the presentation be not  recover but the bishop have it by lapse and this judgement be for the  advantage of the plaintiff in error and therefore be not assignable for error  at his time the bishop be seldom make party to the quare hinder in reverence  to their person in the principal case the presentment be recover and damage  and cost accord to the h which give cost to the defendant in the writ of error  for the delay of execution occasion by the writ of error where judgement be  give in the common plea in a quare hinder and a writ of error be bring the  court of common plea may award a supersedeas to the writ which have be award  there to the bishop before the writ of error be deliver and the king bench may  award the like where a writ of error be bring and the defendant sue a to know  facias quare performance to have non debet error may be assign upon this to  know facias as upon the to know facias ex part quer ad audiend wandering h cap  h cap give damage and cost in a writ of error where the plaintiff who recover  by judgement be delay by the writ of error from have execution upon the  suggestion of the defendant in error he Jenkins shall have they and not  otherwise in this case two of the clergy the bishop and incumbent do not  prevail in the writ of error for the damage and cost give against they a to  lift up facias be award against they gardiano Of because the archbishopric be  vacant by the attainder of archbishop Cranmer a attainder do not make the fee  void without deprivation but Cranmer be deprive and degrade where it appear by  the plead that a clergyman be defendant or by the sheriff return upon a become  facias quod be clergyman status of pertaining to a favor  non to have layman  fee a to lift up facias shall issue to the bishop to levy the debt damage and  cost as the case require but if non constat that he be a clerk as aforesaid a  capias or become facias may issue ad elegit do not lie of the glebe land of a  person or vicar no more than of a churchyard be solum a god hallowed see my  repertory title execution elegit incumbent e e idem be non be non that this  only is apparent