case nineteen e Fitzherbert inquest hob sir William elf his case ib Brickheads  case a quare hinder be bring against a bishop and two other the bishop plead  that the church be litigious and claim nothing but as ordinary judgement shall  be give against he immediate if the plaintiff will but the plaintiff have his  election to maintain the bishop a disturber if he will but if the plaintiff be  at issue with any of the other disturber and the title be find with the  plaintiff the inquest shall not pass between Jenkins the plaintiff and the  bishop although issue upon the disturbance be join between they for the  disturbance be find in another and this litigiousness excuse the bishop and a  lapse can it incur for the bishop be a party a bishop be a peer of the realm  every peer ought to have a knight on the jury between he and any other  litigiousness that be where several person have or pretend several title to  the patronage and present several clerk to the ordinary it excuse himfor  refuse to admit any of they till a trial by a jure patronatus or otherwise of  the right of the person to who the presentation belong where a bishop or any  other peer be a party and there be not a knight return on the jury a venire  facias de to make new shall issue if the jury be challenge for this fault debt  be bring for the defendant confess and they be at issue for the residue the  plaintiff may have judgement immediate for with damage but execution shall  stay till the other issue be try for it can it be know to how much the cost  will amount until this be try but if the plaintiff will wave the cost he may  have execution for the first ten pound with damage a quare hinder lie by the  patron upon the avoidance of the church although he have not make a  presentation to the ordinary but only on a pretend disturbance but in this  case if the ordinary collate by lapse the patron shall not remove the  collattee of the ordinary although he the ordinary be party to the quare  hinder for there be no manner of default in the bishop and there be a default  in the patron that he noth not present his clerk to the bishop and the bishop  right ought not without any colour to be take away by name he defendant hob  and so the question which the archbishop put to Fineux h Keilway be answer if  there be no clerk present to he by the plaintiff when there be many defendant  in a quare hinder who plead several plead in bar although the plea of one of  they upon issue join be find against he and for the plaintiff yet till the  plead of the other be try the plaintiff shall not have judgement for he can it  have judgement without good title and perhaps the other issue may be find  against the plaintiff but if one of they make default at the grand distress  the plaintiff shall have a writ to the bishop without make title for so the  statute command marlebridge ch in trespass against two who plead several plea  and it be find against one the plaintiff shall have judgement against he  before the other issue be try for they be several in their nature and damage  assess by the first inquest shall stand against the other defendant if it be  find against he but if the second issue be find for the second defendant yet  it be well for it may be that one be guilty of the trespass and not the other  and trespass be several in its nature and no title be make in it in real  action as praecipe quod To give back against two if one confess the action or  make default after default the plaintiff shall have judgement for the moiety  immediate upon this confession or default after default for they anoint to a  severance of the jointure if they plead several plead in bar and one upon  issue join be find with the demandant he shall have judgement as to a moiety  although the other issue be find with the tenant and the demandant shall have  execution of the moiety but if the plea of the second go to bar the demandant  for the whole as bastardy or a release or a agreement in trespass although the  plaintiff shall have judgement against the first who plea be so find against  he yet execution shall stay until the other plea which go to the whole be try  if the plaintiff noth not wave his proceed against the latter and where  bastardy in the demandant be plead by one and a release by the other defendant  the bastardy shall be first try and in trespass against two one plead not  guilty Jenkins er p and it be find against he the other plead in bar the  plaintiff may have judgement against he Jenkins against who the verdict be  find with his damage but no cost till the end of the suit if the plaintiff  will wave the other suit he may have execution for the damage and cost for by  this waiver the plea be end res inter elsewhere acta no one mocere debet in  vain fit per more quod become to be able per pauciora law nil compose in vain