cclxxxiv SMALWOOD and other against the bishop OF lichfield and other quare  hinder quare lmpedit Humphrey Smalwood Richard say and Thomas say executor of  William say bring a quare hinder against the bishop of Coventry and lichfield  and m incumbent quod to let pass looks like ad archidiaconatum de Derby which  be void et ad praesentationem testator in vita svan nunc in retardationem  performance will do belong to the executor exception be take because these  word in retardationem performance will can not be apply to a disturbance in  the life of the testator Windham there be not any writ in the register of  quare hinder upon a disturbance make to the testator Anderson what the  therefore no remedy because no writ accord to his special matter e good be  take out of the possession of the testator upon which the executor bring  trespass in retardationem performance will writ abate for it ought to be where  the executor themselves be possess periam the advowson it self be valuable not  the presentment therefore it can be say in retardationem periam before the  statute of e in case be damage be only to be recover the action noritur cum  mask but where the thing it self be to be recover there the action accrue to  the executor Anderson h ejection strong of a ejectment make unto the testator  be maintain by the executor be equity of the statute of e cap and by the  opinion of the whole court the executor may have a quare hinder upon a  disturbance make to the presentment it be object also that a quare hinder do  not lie of a archdeaconryship for it be not local nor any indenture make of it  but be only a matter of function but it be not allow for a archdeacon have  locum in plant and by the statute a quare hinder lie of a chapel and by the  equity of it of a prebend c see the statute of west quare hinder of a chapel  prebend c it be move if the executor have present after the death of the  testator whether the archdeacon ought to receive the clark of the testator or  of the executor and the opinion of the court be that the bishop shall have  Leonard er p election therein and afterward judgement be give that the writ  shall abate for the disturbance to the testator can be suppose new matter in  retardationem performance will but yet it be agree that the executor may have  their special writ upon their case for the say disturbance cro