ccccii williams and blower case error joinder in action regulan deprivation to  know facias reignold William and John Powell bring a writ of error against the  bishop of Hereford and blower upon a recovery have in a writ of disceit by the  say bishop and blower against the say William and Powell for that the say  William have before bring a quare hinder against the say blower and the bishop  and have recover against they by default whereupon William have a writ to the  metropolitan to admit his clerk and in the writ of disceit judgement be give  for the plaintiff for it be find that the summons be the Friday to appear the  Tuesday after and so a insufficient summons and in that writ of disceit the  defendant William and Powell plead that blower the incumbent be deprive of his  benefice in the court of audience which sentence be affirm upon appeal before  the delegate and notwithstanding that plea judgement be give against William  and Powell defendant in the say writ of disceit and upon that judgement this  writ of error be bring Beaumont assign four error first because the bishop and  blower join in the writ of disceit for their right be several e two can join  in a action of trespass upon a battery do at one time to they so if one  distrain at one and the same time the several good of diverse person they  accord to their several property shall have several replevins h by wood so if  land be give to two and to the heir of one and they lose by default in a  praecipe bring against they they shall have several writ the one quod ei  deforceat the other a writ of right e a fine levy to on e for life the  remainder to two husband and their wife in tail they have issue and die tenant  for life die the issue of the husband and wife shall have several to know  faciass to execute the fine by reason of their several right land in ancient  demesne hold several of several lord be convey by fine the lord can join in a  writ of disceit but they ought to have several writ so here the plaintiff in  this writ of disceit and the bishop claim nothing but as ordinary and he lose  nothing in the quare hinder and therefore by the writ of disceit he shall be  restore to nothing the second error be because the bar of the defendant in the  writ of disceit be good I the deprivation c and the court adjudge it not good  for the clerk be deprive he can not enjoy the benefice if the judgement  Leonard er p in the queen hinder have be reverse and where a man can have the  effect of his suit it be in vain to bring any action lessee for the life of  another lose Leonard by erroneous judgement beneficiary and use die his writ  of error be go for if the judgement be reverse be can be restore to the land  for the estate be determiner e incumbent the king bring a quare hinder against  the incumbent and the bishop the bishop claim nothing but as ordinary the  incumbent traverse the title of the king against which it be reply for the  king that the incumbent have resign pendant the writ so as now he can not  plead any thing against the title of the king for he have not possession and  so can not counterplead the possession of the king and here in our case by  this deprivation the incumbent be disable to maintain this action of disceit  ass if the guardian of a chapel be implead in a praecipe for the land of his  chapel and pendant the writ he resign the successor shall have a writ of error  and not he who resign for he be not to be restore to the land have resign his  chapel so in our case a deprivation be as strong as a resignation the three  error because in the writ of disceit it be not set forth that blower be  incumbent for the writ of disceit ought to contain all the special matter of  the case as a action upon the case e Disceit the four error that upon  suggestion make after verdict that blower be incumbent and in of the  presentment of the Lord Stafford and that he be remove and griffin in by the  recovery in the quare hinder by default a writ to the bishop be award without  any to know facias against griffin for he be possessor and so the statute of e  call he and give he authority to plead against the king and every release or  confirmation make to he be good e confirmation make by the king after recovery  against the incumbent be good and h if a recovery he have in a contra form  comparison the possessor shall not be oust without a to know facias so in  hearing complaint upon a statute staple to know facias shall go against the  assignee of the conusee e respon see also e Disceit ass a fine levy of land in  ancient demesne shall not be reverse without a to know facias against the  tertenant walmesley contrary the case at the bar differ from the case put of  the other side for they be case put upon original writ but our case be upon a  judicial writ and here nothing be demand but the defendant be only to answer  to the disceit and falsehood and in this case the issue be contain in the writ  which be not in any original writ and the judge shall examine the issue  without any plea or appearance of the tenant and here the defendant be not to  plead any thing to excuse himself of the wrong and here the judgement be not  to recover any thing in demand but only to restore the party to his former  estate and possession and if he have nothing he shall be restore to nothing  and he put many case where person who have several right may join in one  action as a recovery in a assize against several tenant they may join in one  writ of error ass recovery in assize against seize and tenant they shall both  join in error why not also in disceit e recovery against two coparceners the  survivor and the heir of the other shall join in error as to the second error  William and the sheriff ought not to join in the plea and also the plea it  self be not good for the writ of disceit be that William answer to the disceit  and the sheriff shall certify the proceed and therefore he shall not plead and  also the plea it self be not good for although the interest of the incumbent  be determine in the church yet his action be not go as if in a praecipe quod  To give back the tenant alien pendant the writ and afterward the demandant  recover yet the tenant although his interest be go by the feoff yet he shall  have a writ of error and so here and as to the to know facias there needs none  here against the new incumbent for he come in pendant Leonard the writ and  that appear by the record but if it have be in before the writ bring then a to  know facias will lie see h it be adjourn dyer b cro post   Leonard er p mich  Elizabeth in the king bench