Page:Prerogatives of the Crown.djvu/83

 Ch. V,] Head of the Church. 63 present afterwards, or remove the patron's second presentee, becanse the King is to have but one turn, and that the next ; and if the law were otherwise, the King, by suffering many usurpations upon his lapse, might even disinherit the patron, and the rule nullum tempus occurrit regi is not to take place where the King is limited to a time certain (a). Though the King present to a church, and his clerk is ad- mitted and instituted, yet he may, before induction, repeal and revoke his presentation ; and it is held in this case, that the presenting another is a repeal in law, without any other notice to the ordinary [b). So, where a title by lapse comes to the King, if the King present, and his presentee is instituted, yet the King may revoke his presentation, and so annul the institu- tion at any time before his clerk is inducted ; or if his clerk be instituted upon such title, and die before his induction, the King may present another, his turn not being served by the institution only of his clerk [c). All antient deans are elected by the chapter, by conge d^ Hire from the King, and letters missive of recommendation, in the same manner as Bishops (d) ; but in those chapters which were founded by Henry the Eighth, out of the spoils of the dis- solved monasteries {e the deanry is donative, and the instal- lation merely by the King's letters patent (f). The chapter, consisting of canons or prebendaries, are sometimes elected by each other. It seems that the King may erect a free chapel, and exempt it from the jurisdiction of the ordinary, or licence a subject so to do {g). Churches it seems may be lawfully built by any person, but the Bishop may of course refuse to consecrate them (A). In consequence of his prerogative in church matters, and as founder of archbishopricks and bishopricks, the King is enti- (a) 7 Co. 28. Owen, 2. and 148. (c) Leon. 156. Wright r. Bishop of Cro. Eliz. 44. Cro. Jac. 53. 216. Het- Norwich, ley, 125. Buls. 28. Moor. 269. Fitzg. (^^ Agreed per Cur. 4 Mod. 213. ' (e) Hare. Co. Litt. 95. note 3. (A) 7 E. 4, 32. Dyer, 290, 327, 360. ) ; ° p, , «,- But to free the second presentation of ^J^ Gibs. Cod. 17 j. all suspicion of being obtained by fraud (g) 1 l^u^n, Eccl. Law, tit Chapel, in deceit of the King, it is proper that (Ji) 3 Inst. 203. 1. Burn, Eccl. it should make express mention of the Law, tit. Cliurch L The new Church first presentation, Gibs. 795. Wats; c. Act. SO- 3 tied