Brownlow goldsborough Digby versus fitch Trin James rotulo it be say in this  case by justice Warburton that the presentment be the possession in a quare  hinder as in rend the receive and in common the take of the profit and in a  quare hinder one ought to show in his title a presentation either by himself  or one of those under who the plaintiff claim as in a writ of right of a  advowson one must show a Brownlow goldsborough er p presentation in himself or  in his ancestor who heir he be plenarty in a quare hinder shall be try by the  bishop for the church be full by institution only in common person case but in  the king case the church be not full until the clerk be induct but whether a  church be void or not shall be try by the country for of voidance the country  may take notice action upon replevin if the cattle be distrain the party that  own they may have a replevin either by plaint or writ at his pleasure and if  it be by plaint in the country and the bailiff return to the sheriff that he  can have the view of the beast to make deliverance then the sheriff ought to  inquire of that by inquest of office and if it be find that the beast be not  to be bad then he ought to award a witbernam and if the sheriff will not do it  then a attachment shall issue against the sheriff to the coroner and after  that a distress and if a witbernam he grant and a nothing return upon the  withernam he shall have a alias more and so infinite and a second deliverance  lie a withernam and note that sometime a withernam lie after a withernarn and  when the plaintiff be non suit and after a return habend and that the beast be  not to be find and that the beast of the plaintiff be take in witbernam and  the plaintiff appear and allege that the defendant have the cattle first take  and pray delivery and if the defendant when the sheriff come to make replevin  of the cattle claim property then at the return of that writ another writ de  quality to make good shall issue to the sheriff by which writ the sheriff be  command that take with he jailer to please c be shall inquire of the property  and if it be find that the property be to the plaintiff then a redeliverance  shall be make to the plaintiff and a attachment against the defendant to  answer for the contempt in take and unjust detain the cattle of the Brownlow  goldsborough plaintiff and if he appear upon the more withernarn he shall gage  deliverance present and if the defendant in the replevin in court claim the  property and if it be find against he the plaintiff shall recover the value of  the cattle and his damage and if the defendant plead in abatement of the writ  that the property be in the plaintiff and one other c and the plaintiff  confess it by which the writ shall abate by a award upon the roll and a return  habend be award to the defendant yet the plaintiff shall have a new replevin  and the return shall not be irreplegiable for the statute of Westminster the  second do not help a false writ or abatement of a writ but the plaintiff may  have a new writ from time to time but it help nonsuit in replevin but if he be  nonsuit he shall not have a new replevin but a writ of second deliverance and  if the defendant upon the return habend adjudge for he can have the return of  the beast and the sheriff return upon the return habend that the cattle first  take be dead he may have a to know facias against the pledge and upon a  nothing return upon that he may have a to know facias against the sheriff for  insufficient pledge be no pledge and the party may relinquish his withernam  and fall upon the pledge or the sheriff and if cattle be put into a castle or  fortess the sheriff may take the posse comitatus to make a replevin upon the  plar replevin a replevin will not lie of deed or chattel concern land and no  return habend lie upon a justification and if a discontinuance be after a  second deliverance the return habend shall be irreplegiable and if the  defendant after a advowry will not gage deliverance he shall be imprison for  the contempt no disclaimer lie upon a justification but upon a advowry and if  the replevin be sue by writ and the sheriff return thereupon that the cattle  be not to be find then a withernam shall be award against the defendant  nothing be return then a capias alias more withernam and thereupon a exigent  and if he do at the return of the exigent find pledge to make deliverance and  he admit to his fine then the plaintiff shall declare upon a uncore detent and  go to trial upon the right of the cause of distress and if it be find for the  plaintiff he shall recover his cost and damage and if for the defendant he  shall have a return habend but if upon the return of the more repleg the  defendant appear then no withernarn lie but he must gage deliverance or be  commit and the plaintiff shall count against he upon a uncore detent and so  proceed to the rightful take of the distress and if ft be find for the  plaintiff if the cattle be Brownlow goldsborough er p not deliver he shall  recover the value of the good and cost and damage if for the defendant cost  and damage and a return habend