case sir John dryden margaret GYBBS and will KINGSMIL plaintiff against thomas  yates and the bishop OF peterborough Michaelmas term car roll ante page in  quare hinder if the defendant plead a seize in the crown and that the king  present a and deduce title from the crown a traverse of the presentation to a  without traverse the prior seize in the crown be good Com dig quare hinder to  present to the church of MiddletonCheney wherein the say plaintiff count that  William Wilks be seize in fee of the advowson of the say church as in gross  and the church be void present thereunto one Edward broom who be admit and  institute in the time of queen Elizabeth and be so seize die which descend to  Robert Wilks his son and heir and he be so seize die seize without issue which  descend to whether Frances and Margaret as to his sister and coheir whereby  they be seize in fee that Frances take to husband sir Erasmus Dryden baronet  who die seize of that part of the advowson pro undivided with the other two  sister which descend to sir John Dryden their son and so convey the descent to  the other sister and that by the death of the say Edward broom the last  incumbent it belong to they to present and the defendant disturb they the  bishop plead that he claim nothing but as ordinary croak car the defendant  Yates plead that he be parson imparsonee of the presentment of the king and  that before the say William Wilks have any thing to do in the say advowson  queen Elizabeth be seize in fee of the say advowson jure coronae as of a  advowson in gross and after the death of the say incumbent present James Ellis  who be admit institute and induct that afterward queen Elizabeth die and the  say advowson descend to king James and from he to the king which now be who  present the defendant the plaintiff reply as in his declaration that the  church be void by the death of broom they present c and traverse that James  Ellis be admit institute and induct upon the presentation of queen Elizabeth  and so join issue it be find by verdict at the common plea that the say James  Ellis be not admit institute and induct upon the presentation of queen  Elizabeth as the defendant have allege and that the say church the last of  September vacavi per death of will W the last incumbent there et valet l per  annum ultra reprisas and that the say church be full of Thomas Yates ex a  placing before king nunc therefore to look at closely be quod to express grief  recupere praesentationem svan versus to ward off et to have breve to the  bishop of Peterborough quod non to stand before reclamatione of the say Thomas  Yates ac although the say Thomas Yates be admit institute and induct into that  church that he shall move the say Thomas Yates et fit mask ad praesentationem  of the plaintiff to send to without dilation et to look at closely be that the  plaintiff recupere versus the say Thomas Yates financial loss svan pro valour  church pro half striving secundum form to cause to stand which amount to l et  prediction Thom Yates in pity upon this judgement Yates bring a writ of error  and assign for error first that the plaintiff in their replication traverse  the admission institution and induction of James Ellis of the presentation of  queen Elizabeth and hereupon issue join and try where they ought to have  traverse the seize of queen Elizabeth and not the admission c croak car er p  the second error because judgement be give for the plaintiff where it ought to  have be for the defendant the defendant plead in nullo be erratum and after  diverse argument at the bar it be adjudge that the traverse be good and well  take and that the seize in the queen ought not to have be traverse whereupon  rule be give that judgement shall be affirm vide postea