Page:Prerogatives of the Crown.djvu/79

 Ch. v.] Head of the Church. 59 Every archbishoprick and bishoprick in England is of the King's foundation (a) ; and Lord Coke establishes the right of donation in the Crown on that principle {b). As patron paramount of all the benefices in England, the right and care of filling all such churches as are not regularly filled by other patrons, belongs to the Crown; whether it happen through the neglect of others (as in the case of lapse) or through incapacity to present, as if the patron be attainted or outlawed, or an alien, or have been guilty of simony, or the like (c). Upon which ground the King hath right to pre- sent to all dignities and benefices of the advowson of arch- bishopricks and bishopricks during the vacation of the respec- tive sees. Not only to such as become void afi;er the seizure of the temporalities, but to all such as become void after the death of the bishop ; though before actual seizure. And as it is a maxim in law, that the church is not full against the King till induction; therefore though the bishop hath collated, or hath presented, and the clerk is instituted upon that presen- tation, yet such collation or institution will not avail the clerk, but the right of presenting devolves to the King (d). And it is said, that this privilege which the King possesses of pre- senting by reason of temporalities of a bishoprick being in his hands, shall be extended unto such preferments, to which the bishop of common right might present, though by his compo- sition he has transferred his power unto others : and therefore when the temporalities of the archbishoprick of York are in the King's hands, the King shall present to the deanry of York, although by composition between the archbishop and the chapter there, the chapter are to elect him; and this because the patronage thereof de jure doth belong to the arch- bishop, and his composition cannot bind the King, who comes in paramount as supreme patron : for of the whole bishoprick the King is supreme patron, although it be dismembered into various branches, as deans and other dignities ; and of ancient time all the bishopricks were of the King's gift, but after- wards the King gave leave to the chapters to elect; yet the patronage notwithstanding remains in the King {e). (a) 2 Inst. 3. (d) Ibid. Wats. c. 9. Co. Lit. (A) 1 Inst. 134, 344. 388. (c) Gibs. 763. (0 Wats. c. 9. 2 Koll. Abr. 343. Where