clerk against heath ante Tuesday Nov incumbent modern pl Siderf pl in evidence  to a jury at bar in ejectment as lessee of Prinn who be a ecclesiastical  person in episcopal order present institute and induct to Westbourn in Sussex  and that there be a perpetual vicar endow who pay procuration and provincial  and the defendant be present and institute under the Lord lumly title the  plaintiff pray a special verdict and will not leave it to try whether the  church be with or without cure which the defendant refuse whereupon the court  in direction to the jury declare there opinion videlicet Keeling Ch just that  the institution be not sufficient plenerty to restore the defendant within car  but notwithstanding this the plaintiff be in so actual possession as to be  confirm the presentation institution and induction be of it self a evidence of  cure of soul until the contra appear but however preach be a act of cure of  soul but upon a appropriation to a corporation which can officiate the vicar  have the cure also donative be presentable by grant so without spear Twisden  doubt the institution do make a plenerty to prevent confirmation by the act  but this be now wave and institution be character imperishable of cum re of  soul be a delegation to the parson from the bishop and to the vicar from the  parson out of which it be derive and preach be also be continual a evidence of  care if it can be presume against the institution that it be without spear  raynsford agree the institution of a ecclesiastical person be a undeniable  evidence of cure of soul which may be in parson and vicar of the same church  as in hackney and the synodals depend on the endowment and be no evidence that  church be without spear as be the obligation of perpetual residence which by h  cap be lie upon the vicar endow and preach be a evidence also of cure Moreton  agree that institution be a evidence of cure and so be preach and per curian  direction pro plaintiff and it be say per curian that a donative or church  appropriate by presentation be become not only ever after presentable but be  also for ever a benefice with cure of soul it be offer to have a special  verdict so the court will give leave to find car of minister no Act of  parliament which they refuse have be solemnly adjudge a Act in c b and they  not dissent in opinion and verdict pro plaintiff Twisden Keble say the only  way to bring the question be to demurrer on the evidence Keeling Ch just  contra