coke b richard smith case Trin James in c b which plea begin hill James rot  resolve nun shall have a quare he foot soldier prsentare ad medietaten church  but only when there be two several patron and two several incumbent of the  church within one and the same town if in quare hinder the plaintiff declare  that W t be seize of a manor ad quod advocalio medielatis c to stretch out et  thus far to stretch out c it imply two several patron and two incumbent when  the register give a writ for the whole it be a sufficient warrant to bring it  for any part if the case will warrant it Richard smith administrator of  Gregory backhouse be plaintiff in a quare hinder against Thomas bishop of  Peterborough Thomas abbot and Hugh Lloyd clerk and the writ and count be de  plea quod to let pass Self rich proesentare fit mask ad center point  ecclesiastical de Woodford in come Northampton in what manner vacat ad svan  observe donation and in this case after many argument at bar and now this term  at the bench diverse point be resolve that none shall have a quare hinder  prsentare ad medielatem ecclesiastical but when there be two several patron  and two several incumbent of the church within one and the same town so that  one patron have a distinct and separate advowson of one half of the church and  his incumbent have a distinct and separate half part by itself of the tithe  and other ecclesiastical profit in the same town and so have the other patron  and his incumbent different to move and in that case the advowson and the  church be sever in right and in possession but when there be but one incumbent  although the advowson be divide and sever into several hand yet there shall  never be quare hinder prsentare ad center point seu terlian parten church c  and the reason of this difference be manifest for every quare hinder be in the  possession and respect the church which fish g to the incumbent and therefore  in the writ of quare hinder id be quod permitlat Self prsentare ad church de W  and thereby it appear that the state and quality of the church direct the  quare hinder and therefore when the church be not sever but there be but one  incumbent one church one cure it be not possible that in respect of the coke a  severalty of the advowson that any how imp shall be bring ad center point c  ecclesiastical for there be not any moiety in the church but that be entire  but he who present have a moiety c in the advowson and therefore when at the  beginning of the foundation of the church one and the same church of one and  the same town be divide and sever in two part and the advowson of the one part  allot to one and of the other part to the other and that there shall be two a  several incumbent one de und center point ecel and the other de and center  point ecel and one part of the town shall go to one and the other to the other  there when one patron present to the moiety of the church and be disturb he  may well have a how imp quodpermittat Self prsentare ad b center point  ecclesiastical for in truth the incumbent shall have but the moiety of the  church and not the whole church nor the whole profit of the church nor the  whole cure of soul but the writ of right of advowson be bring to recover the  advowson and the writ be vrceci pe quod To give back legal support  ecclesiastical and therefore the estate and quality of the advowson and not of  the church shall direct that writ for the incumbent of the church shall not be  remove by that writ for legal support belong to the patron and church to the  incumbent and therefore it be utter deny that if a consolidation be make of  three advowson so that all make g   light b a Jones b f n b a coke report b er  p but one incumbent and one church in that case although the advowson be  several to present by turn yet the how imp shall be in such case prsentare ad  ecclesiastical for now upon the matter it be but one church and one incumbent  c vide f n b f g h a and it be object that admit that in such case as have be  put know where there be two separate incumbent that the how imp shall be  maintainable de medietale ecclesiastical yet such special case ought to be set  forth in the count or else it shall not be intend and no such special matter  be allege in the count in the case at bar to which it be answer and resolve  that the count in the case at bar be sufficient to ascertain the court that  there be two d patron and two incumbent for the count be that one William  Thorley to be seisitus de maneriode Thorleys in comprd ad quod legal support  center point ecclprd c to stretch out adhucPertinet in of his ut de Jeodo c  and always one be say to be seize de advocation center point when there be two  several patron and so Prisot hold in e h b in sir Edward Odingsels case and  therefore in the case at bar when the plaintiff declare that William Thorley  be seize de advocation center point it imply two several patron and two  incumbent for there the advowson and the church be sever in right and in  possession f h b per Newton send for f n b b in e g law it appear that a man  shall have a writ of right de center point legal support where the advowson be  part betwixt two coparceners coke b and one be disturb by a stranger but a  writ of right de advocation center point church lie where two several patron  present two several parson to one church as there be in some church two parson  against the opinion of Fincliden in e fine vide e b e b poin case vide e dower  a writ of dower de tertid part legal support vide king f n b I when a parson  sue in the spiritual court for tithe amount to a four part of the value of the  church against the parson of another parish that person who be so sue may have  a prohibition call indicavit to the ecclesiastical judge and to the party and  then the patron of the parson so prohibit may have a writ of right de  advocation no  birth church de S well parlis but that writ be give by the stat  of W c vers that which divides Vid e h and the stat of articuli allotment of  land c and jointly feqffali f n b e d Stud c f vide e e e e h e vide register  b S quod To give back legal support center point church de S well birth and f  n b e law ass p where there be three parson of one church and one in a quare  imp declare prsentare ad center point where it shall be ad tertian parten and  the writ abate which prove that in such special case a quare imp lie prsentare  ad center point or parten e e e queen imp h h and therewith agree the book of  entry title quare imp division portion mich h rot a writ of quare imp be  preesentare ad part church vide e a dyer the Lord Windsor case and it be  object that there be not any writ in the register of any quare imp prsentare  ad center point seu tertian parten ecolesi6e but only ad Weclesiam to which it  be answer and resolve that when the register give a writ for the whole it be a  sufficient warrant to bring it for any part if the case will warrant it and  the latter part of the opinion of Prisot in b h b be deny know that when there  be two patron and two incumbent of one and the same church so that the church  itself be divide into moieties that there a quare imp will not lie to present  to a moiety for reason and many authority in law be against it as appear  before but I conceive that in such case the patron de advocate moderately may  have a queen imppraesent ad ecel for upon the c Jones d Doct plan   light b  postea b die pl more pl f   light b g   light a Cr Elizabeth h f n b a I f n b  e a die pl   b   a b b dyer pl   light b more pl before a coke report a er p  matter as to he it be one church and so the plaintiff may have as I conceive a  writ in the one form or in the other a and therewith agree Windsor case in the  part of my Rep f where the account be de advocate birth and yet the writ be I  Richard church and not ad parten and so you will the better understand the  reason of your book and thereby attain the true sense and judgement of the law  and afterward judgement be give that the writ be good and the defendant rule  to answer over and so he do vide Trin Elizabeth coke a rot pasch Elizabeth rot  sir Thomas c stanhope case pasch Elizabeth rot the case of the church of d  Darsfield where such a writ of quare hinder as this be in the principal case  so quodpermittat prsentare fit mask ad medielatem church de Darsfield be upon  demurrer and solemn argument adjudge maintainable case upon the statute and  commission OF sewer