Page:Prerogatives of the Crown.djvu/82

 62 Head of the Church [Ch. V. the act of law, nemini facit injuriam (fl). And as the interven- tion of the prerogative presentation does not satisfy or disap- point the turn of the otherwise rightfiil patron, neither does it destroy the effects of a prior grant of the next presentation by the owner of the advowson (i). If the incumbent of a donative is made a Bishop, the King shall not present to the donative, because such a promotion does not make an avoidance by cession, for the incumbent is the creature of the founder, and is not subject to ordinary and episcopal visitation (c). When the King has in his natural capacity an interest in the presentation, and the prerogative right happens at the same time, the interest shall be preferred : as if the King be seized in fee of an advowson, and create the incumbent Bishop, his Majesty shall present as patron, that being a title precedent to that of the prerogative {d). If a grant be made to the King of the next avoidance of a living, and a stranger upon the death of the then incumbent present, and his presentee continue in six months and die, yet the King may present another, quia nullum tempus occurrit regi. So, if a grant be made to the King of all such pre- sentments as should happen within twentv years, and in the twenty years there happen ten presentments which are filled up with a stranger, yet the King shall present to them over again (e). If the King be patron of a church, and he omit to present within six months, the ordinary cannot present for the lapse, but is only to sequester the profits and serve the cure till the King thinks proper to present ; but if in this case the ordinary collate his clerk, and afterwards the King present, the clerk so collated cannot be turned out without a quare impedit (/* ). But, though the King may remove the patron's or stranger's clerk that comes in upon his lapse, yet if such clerk happen to die incumbent of the church, or if the church become void by a honajide resignation or expiration, before the King pre- sents, the King loses the advantage of the lapse, and shall not (a) Grocers' Company c. Archbishop Lords, May 16, 1796. of Canterbury, 2 Bl. R. 770. 3 Wi]s. (c) Agreed per Cur. 4 Mod. 213. 314. S. C. (rf) Ld. Raym.2G. (i) Cailland v. Troward, 2 H. BI. (e) Plowd. 243. a. 324. judement affirmed in B.R. 6 Term (/) Bro. tit. Presentment, 24. Comp. R. 439, and afterwards in the House of Incumb. 118. present