case lancaster against low in a quare hinder against the bishop and incumbent  if the bishop imparle and after plead he claim nothing but as ordinary on a  verdict for the plaintiff he shall be amerce   b hob say vide sand a essoign  cast by the bishop on the return of a quare hinder without state in what plea  be erroneous but if the incumbent plead to issue it shall be amend after  verdict for the plaintiff post Com dig Cowp in a quare hinder against the  bishop and incumbent if the jury find a presentation by the queen pendent  light and her presentee be remove without a to know facias the judgement be  erroneous for the bishop be name no lapse can accrue until the right be  determine side   light   hob dyer more light Rep f n b salk Leon say Hutton  Com dig Com dig Bl Com bull n p all the plaintiff in a quare hinder must join  in the assignment of error for a assignment by one be a discontinuance even  after a to know facias in which they have all join in the reassignment of  error cro Elizabeth Yelv f n b Bac ab stram ld ray error of a judgement in the  common plea in a quare hinder bring by low against Lancaster and the bishop of  London at the first day of the return of the writ of quare hinder a essoign be  cast by the bishop in this manner I bishop l essoigne versus low and do not  show in what plea the other defendant appear and afterward the bishop at the  day of the adjourn of the essoigns appear and plead that he do not claim any  thing but as ordinary the other plead to issue and on be try it be find  against the defendant that the church be full of the presentment by the queen  of one boswel pendant Le brief a writ be thereupon award to the bishop to  admit the clerk of the plaintiff and to move boswel and the defendant and  bishop be in pity a writ of error be hereupon bring in name of the bishop and  Lancaster the incumbent the incumbent only assign the error first this essoign  be not well enter for it be not enter in what plea so that the plea be  discontinue as against the bishop which be not aid by the statute of Henry c  although it be a trial for the trial be not against the bishop but only  against the incumbent and the plea be discontinue against the one it be a  discontinuance against both and not aid William and Fenner be of that opinion  that it be ill and not amendable for croak James er p there be a difference  when the essoign be so ill cast at the first day when the writ be returnable  that it be not amendable for it be not the default of the clerk for he have no  record before he whereby he may know in what manner to enter the essoign and  the party ought to take heed it be well enter but the essoign cast after the  appearance of the party if it be misentered in the name of the party or in the  action or c that be amendable for it be but matter of form and the clerk have  a record before he to direct he how it shall be Henry Edward Henry pl Henry pl  Edward dam croak throw but Yelverton hold that it be very well amendable for  it appear in what action by the appearance of the other And to that opinion  Popham chief justice incline and if it be not amendable yet it be aid by the  statute after trial against the other a second error assign be because a writ  be award to remove boswel who be not party to the suit but come in pendent  light and that without any to know facias sue against he Popham Fenner and  William hold it to be error for thereby judgement be give against a stranger  who be not party to the suit and he be not to be remove without answer and  although the incumbent be name in the writ he and every other who come in  pendent light be to be remove yet that can be by word in the judgement but if  upon a writ award to the bishop he return that another incumbent be in by the  presentment of the defendant or of any other pendent shorten a to know facias  shall be award against he to answer why he shall not be remove so he shall not  be put out without answer and in a quare hinder if the ordinary be not name he  may present by lapse if the six month incur pendent shorten but be name he can  take advantage of any lapse but ought to see that the cure be serve by  allowance out of the profit to be take by sequestration and as he be bind that  he shall not take advantage of any lapse so the metropolitan and the king be  bind for no lapse be against the ordinary there can be any lapse against they  coke cite it to be so adjudge in one duke be case Popham say the course to  stop stranger from present pendent shorten be after a quare hinder be depend  to sue a ne to send to to the bishop and if the bishop then admit the clerk of  any other hang that suit and the plaintiff recover he shall have a quare  incumbravit and thereby remove any who come in hang the writ by whatsoever  title he come in and shall force he who have right to recover by quare hinder  but if he sue not such a writ of ne to send to if then the incumbent of a  stranger shall come in by good title pendent shorten he shall bar he in to  know facias and shall hold it and here as this case be the jury find that  boswel come in by the queen presentation pendent shorten and it stand  indifferent by what title the queen present for if she present by lapse she  have not any title and if she present by any other title it ought to be  discuss before the incumbent be remove which be the reason that in a quare  hinder the jury ought to inquire of four thing first of the value of the  church second whether the church be full or not three by who presentment  fourthly by what time for if the incumbent of the defendant presentation be in  by six month be present before the writ bring he shall not be remove if he be  not name in the action but if he be present by the defendant pendent shorten  he shall be remove but not if he be present by a croak throw stranger without  a to know facias vide Henry pl Henry pl long quint Edward pl dyer wherefore  the judgement be reverse but it be afterward move that this error be not well  assign for it be assign by one of the plaintiff only in the writ of error  there be two plaintiff without summons and severance for the incumbent sole  assign the error and sue the to know facias ad to hear wandering and afterward  he and the bishop assign the same error and the defendant plead in nullo be  erratum to they and for this cause all the court hold that this assignment of  error by one of the plaintiff only be ill and all the plea be discontinue and  not aid by the second assignment after and so it be rule in the case of Lord  Cromwell a v Andrews where Andrews and nineteen other bring a writ of error of  a judgement in a assize against they a cro Elizabeth croak James er p and  Andrews only assign the error the other not be summon and sever and for this  cause it be rule to be ill and execution be award so in another case Jones v  Dixon where Jones and the archbishop of York sue a writ of error of a  judgement against they and Jones only assign the error and therefore hold to  be ill so here for this cause the writ of error be to be discontinue and the  judgement be not reverse accord to the former rule but a new writ of error be  afterward bring see Elizabeth c and Ann c