case the king vers the bishop OF durham the chancellor master and scholar OF  cambridge edward Fenwick John ware and edward Fenwick jun clerk a grant of a  manor with all advowson c thereunto belong will not extend to a advowson sever  in ancient time though it be appendant to the manor year ago this be a quare  hinder in which the attorneygeneral declare quod Elizabeth queen seized de  Ecclesia de Simondbourne in Com Northum ut de to make one young fig in jure  coronae present I Hodges whoever it be legal support to climb down Jacob oh  primo c who super death I Hodges praesentavi Cuthbert Ridley and that from he  it descend to king Charles the first who upon the death of Ridley present  William kenber and from he it descend to king Charles the second and upon the  death of kenber John Rippon and Thomas Algood by usurpation present major  Algood that the advowson descend to king James the second and that upon his  abdication to king William and queen mary and that upon the death of Algood  the chancellor master and scholar of Cambridge by usurpation present comens er  p William Stainforth that afterward the advowson descend to queen whether and  from her to his present majesty comens king George to who upon the death of  Stainforth the right of presentation appertain the bishop plead that he claim  nothing but as ordinary Edward Fenwick sen plead that queen Elizabeth be seize  of the manor of Wark to which the church of Symondbourne be appendant and  present Hodges and that the manor ad quod c descend to king James the first  who present Ridley and by letter patent date the that of January in the that  year of his reign grant the say manor cum reach to Elizabeth Howard wife of  Theophilus Lord Howard afterward earl of Suffolk and her heir and that upon  the death of Ridley the earl of Suffolk in right of his wife present kenber  and the manor descend to James earl of Suffolk who by indenture date the that  of July enrol c bargain and sell to sir Francis Ratcliff afterward earl of  Derwentwater in fee who by deed date the that of September grant the next  avoidance to I Rippon and Thomas Algood who upon the death of kenber present m  Algood and that by the statute James cap the university shall present to the  benefice of a recusant convict and that the earl of Derwentwater be a convict  upon the death of Algood the university present William Stainforth that the  advowson descend to James earl of Derwentwater who by indenture date the that  of August whether grant the next avoidance to the defendant Edward Fenwick sen  to who the presentation upon the death of Stainforth belong c without hoc that  queen Elizabeth be seize in gross Edward Fenwick Jun plead that he claim  nothing but upon the presentation of Edward Fenwick sen the chancellor master  and scholar of the university of Cambridge plead that Edward the second be  seize of the manor of Wark ad quod c that it descend to Edward the three who  by letter patent date the that of may Edward grant the advowson to the warden  and college of the chapel comens of Windsor and their successor and so derive  the advowson to queen Elizabeth who present Hodges and upon his death king  James the first present Ridley and have the manor of Wark also he by letter  patent date the that of January in the that year of his reign grant tot ill  castle honour manner de Wark c ac all men advocation c all singular ecclesiar  c infra Com c in eoden Litt pat specificat well alibi pillage manner c spectan  reach c or ut memb c unquan ante tune habit cognit think over c to Elizabeth  the wife of Theophilus Lord Walden heir apparent to the earl of Suffolk and  her heir by which she be seize of the manor and of the advowson and upon the  death of Ridley present kenber and so derive the advowson to Edward earl of  Derwentwater who be a recusant convict the university upon the death of Algood  present Stainforth and then derive the advowson to James earl of Derwentwater  a infant and that by the statute whether sess cap every papist or person  profess the Popish religion and every infant of such papist not be a  protestant and every mortgagee trustee c of such be disable c and the  university shall present c upon which the earl of Derwentwater not be a  protestant but the son of a papist c the presentation belong to the university  who present the defendant ware without hoc that king James the first die seize  of the advowson the defendant ware plead that he do not disturb c to the plead  of the bishop Edward Fenwick Jun and ware the attorneygeneral reply and pray  judgement with a be remiss execution c to the plea of Edward Fenwick sen the  attorneygeneral demurrer and for not join in demurrer take judgement to the  university plea the attorneygeneral demurrer and show for cause that the  traverse be not material and that the defendant do not show any title to the  advowson and the university join in demurrer and it be argue that by the  letter patent James the advowson of Symondbourne do not pass for it be not  express comens name in the patent and by the stat Edward ask first king c a  advowson appendant do not pass by the grant of a manor cum reach if it be not  express mention and though it be admit by the plead that this advowson be  appendant to the manor of Wark in the time of Edward the second and the grant  by the letter patent be inter all of comens er p the manor of Wark with all  advowson c penden or ut member parcel the same manner I c unquan ante here  habit cognit accept occupate usual think over existen c these word can pass a  advowson sever from the manor year though it be ante tunc appendant to the  manor in the case of imber and Wilking dyer   Ent a grant of a manor with all  wood c spectan or ut member parcel the same manner c ante here cognit accept  habit usual seu think over existen do not extend to wood which be not parcel  thereof at the time of the grant the ought to be parcel thereof in reputation  time out of mind c so roll oh Ent a grant of a manor with all the land wood c  spectan or ut member parcel c ante tunc habit cognit accept seu think over may  extend to wood in the hand of the king and parcel of the manor within year but  not to wood sever in ancient time and so it be resolve by the court judgement  be give for the king comens de term sanct mich geo I in b r