Page:Prerogatives of the Crown.djvu/84

 64 Head of the Church. [Gh. V. tied to the custody, and is seised of the freehold [a) of the tem- poralities of bishops, (that is, the lay revenues, lands, and tenements, which belong to an archbishop's or bishop's see,) {b) during the vacancy of the archbishoprick or bishop- rick (c). This prerogative is of so high a nature, that a sub- ject cannot claim the temporalities during the vacancy, by grant or prescription (c?). But now, by statute 14 Ed. 3. st. 4. c. 4, 5. the King may, after the vacancy, lease the temporali- ties to the dean and chapter, saving to himself all advowsons, escheats, and the like. During the vacancy, the Crown has the right of presenting to such benefices and other prefer- ments as fall within the time of vacation (e). And by the statute 17 Ed. 2. st. 2. c. 14. the King shall have escheats of lands of the freeholders of archbishops and bishops, when such tenants be tainted for felony in time of vacation, whilst their temporalities were in the King's hands, to give at his pleasure, saving to such prelates the service that thereto is due and accustomed. Accordingly, the temporalities being in Queen Elizabeth's hands, a copyhold escheated which was granted by the Queen, and it was held to be good {f). Our antient Kings, and particularly William Rufus, were not only remarkable for keeping the bishopricks a long time vacant, for the sake of enjoying the temporalities, but also committed horrible waste on the woods and other parts of the estate; and to crown all, would never, when the see was filled up, restore to the Bishop his temporalities again, unless he purchased them at an exorbitant price. To remedy which, King Henry the First (g) granted a charter at the beginning of his reign, pro- mising neither to sell, nor to let to farm, nor take any thing from the domains of the church, till the successor was installed {h). And it was made one of the articles of the great charter (z), that no waste should be committed in the tem- poralities of bishopricks, neither should the custody of them be sold. The same is ordained by the statute of Westminster (a) 1 Wooddn. V. L. 297. (/) Covert's Case. Cro. EI. 74. {b) Wats. ch. 40. 1 Bla. Com.282. (g) Matt. Paris. (c) 1 Burn, Eccl. Law, tit. Bishops, {h) But Queen Elizabeth kept the Vr. see of Ely vacant nineteen years, in (rf) 2 Inst. 15. order to retain the revenue. Strype, 4 (0 17 Ed. 2. c. 14. F. N.B. 32. Vol.351. 1 Bla. Com. 282. 6 Com. Dig. 45, tit. (i) 9 Hen. 3. c. 5. Prerogative, D. (D. 23.) 7 the