ccli SPECOTS case see SC   Rep Burgundy Specot and Elizabeth his wife bring a  quare hinder against the bishop of Exeter c of the church of Tedcole in the  county of Devon the bishop plead that the plaintiff present to he one John  Holmes who super swarm Leonard er p tionem come upon scismaticum inveterate  and so non handy to be institute well ad acceptand some kindness cum spear air  for which he refuse he and of such refusal give notice to the plaintiff and of  the cause of it upon which the plaintiff Leonard do demurrer in law it be  argue by Fleetwood sergeant for the bishop but to little purpose therefore I  will report but certain passage of his argument he conceive that that general  plead of schismatic make old be good enough as if the bishop certify bastardy  it be sufficient to say bastardus sive spur without other circumstance as to  say on the body of such a woman beget Lollard to lead off a Lollio I e England  tares Samson be dean of Christ church in Oxford and be convent before the  ordinary for schism because he will not use a surplice and for that he be  condemned for a schismatic and deprive of his deanery in the time of the queen  that now be Shuttleworth sergeant for the plaintiff that the bishop in his  plea ought to have show special how and in what point the presentee of the  plaintiff be schismatic there be diverse manner of schism in doctrine in  manner and of each kind there be many c and therefore for doubt of enveigling  the metropolitan who be to try that issue the defendant ought to have show the  schism in certain in which the metropolitan be to examine the clerk ready see  e the case of the countess of Arundel where in a quare hinder the ordinary  plead that the presentee be guilty man swear falsely and show the cause in  what and when he be perjure and although this issue be to be try by the  metropolitan yet it ought to be formal plead in the temporal court and with  certainty as where a divorce be plead it be not sufficient to say that a  divorce be have but the party ought to show for what cause and before what  judge the divorce be have which see e where the divorce be special plead for  cause of consanguinity for by one divorce the issue be bastardize by other not  see as to the plead of a divorce h profession although it be a spiritual thing  yet the general plead of it be not good but he who plead it ought to show of  what order and under who obedience e which see the book of entry to go into  reverence videlicet in house Carmelitarum de London there to be declare sub  obedience r earlier times house that so deprivation shall not be general plead  which see book of entry Ecclesia vacavi per privationem c per I S law doctor  delegate c so of resignation e to unseal in manus I l bishop of London  ordinary of the say place now it be to see if by this general demurrer the  matter in fact be confess sure that the presentee be schismatic make old and  as to that the rule be that all matter in fait which be well and duly plead by  a general demurrer be confess but that which be not well allege by no demurrer  shall be hold confess which learning see in the commentary in partridge and  strange case and here for as much as scismaticus be not well plead for the  cause aforesaid it shall not be hold confess now it be to see Leonard if upon  the statute of Elizabeth this defect be help and he conceive it be not for  here the defect be in matter and not in form as if in trespass of his close  break the defendant justify by a lease for year and do not show the place  where the lease be make and the plaintiff demurrer general upon it the say  defect be not help by the say statute for that it be matter so in a formedon  in discender the defendant plead a warranty with asset without show the place  where the asset be and the demandant demurrer upon it general the same defect  be not help by the say statute see a good case adjudge upon the statute mich  Elizabeth between henly and broad periam and Windham justice conceive that the  plea of the bishop be not good because it be not show in what point the  presentee be schismatic for by this general plead if it shall be allow the  metropolitan to who the trial of the cause belong shall be drive to peruse all  schism in the examination of the presentee which be a thing infinite and  inconvenient Rhodes and the Lord Anderson to the contrary and Rhodes vouch a  old book e out of a write book of the Lord Catline in a quare non to send to  the defendant plead that the clerk present be schismatic adulter and the court  command that he hold himself to one of they for which he say adulter so as the  court do not mislike the plea for the generallty but for the doubleness and by  Anderson our case be not like the case put by Shuttleworth for they concern  thing Leonard er p tryable by our law in which case to have convenient trial  all matter issuable ought to be special allege but here the case be otherwise  and no peril of trial and by the say statute of Elizabeth we ought to judge  accord to the right of the cause and matter in law see this case adjudge upon  a writ of error bring in the king bench hill Elizabeth in coke part Specots  case trin Elizabeth in the king bench