Page:Prerogatives of the Crown.djvu/81

 Ch. v.] Head of the Church. 61 his consent by his mandate to the Archbishop to grant dispen- sation. A commendam may it seems be temporary or perpetual, at his Majesty's pleasure (a). When a commendam is limited to a certain time, the King shall present by prerogative at th^ end of the term, notwithstanding the previous grant of a commend- am; unless it happen that the commendatory Bishop die or resign before the expiration of the term ; for in such case, the church becoming void not by cession but by death or resigna- tion, the turn of the Crown is served, and the patron, whoever he be, shall present {b). It is likewise served, if the commend- am was originally unlimited, that is (according to tlje language of the faculties) during the life of the person and his posses- sion of such see ; because this amounts to a presentation, and therefore in this case also the right of the Crown is served, and the patron shall next present (c). But if a Bishop who is pos- sessed of a commendam is translated to another see, and so a new title accrues to the Crown by a new promotion, the same commendam may be continued, if the King please ; but it must be by a new dispensation, granting it to be held with the new bishoprick (^). Commendam temporary in retinere may be renewed and prolonged: that is to say, before the original incumbency ceases by the expiration of the first dispensation, a second dispensa- tion may be granted to prevent the avoidance and continue the incumbency {e). Where the advowson is in common, so that the patrons are to present by turns, the prerogative presentation does not pass for the turn of the otherwise rightful patron ; for the preroga- tive right does not supply, but only suspends or postpones the turn of the patron, and of all the patrons, if more than one, and doth not take away the right of the one, and leave the rest entire ; for that would be rank injustice, and this, being (a) Gibs. 914. 2 Burn, Eccl. Law, cellor, of Benefices in the King's gift, tit. Commendam, page 6. see 1 Burn, Eccl. Law, tit. Benefice, 143. (A) 4 Mod. 212. Ld. I^aym, 23. As to the Law in Ireland with respect to (r) Gibs, 915. a Bishop's losing, by his translation, (rf) Noy, 94. benefices which he held before, see Bac. (e) As to presentments by the King to Abr. 530, Prerogative, D. 2. Burn, the prejudice of another's right, sec 25 Eccl. Law, tit. Benefice, 128, and Bi- Ed. 3.st. 3. c.l. By the Lord Chan- shops, 192. the