Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/293

 Ch. 18. the avoidance. But, if the bihop be both patron and ordinary, he hall not have a double time allowed him to collate in ; for the forfeiture accrues by law, whenever the negligence has continued ix months in the ame peron. And alo, if the bihop doth not collate his own clerk immediately to the living, and the patron preents, though after the ix months are laped, yet his preentation is good, and the bihop is bound to intitute the patron's clerk. For as the law only gives the bihop this title by lape, to punih the patron's negligence, there is no reaon that, if the bihop himelf be guilty of equal or greater negligence, the patron hould be deprived of his turn. If the bihop uffer the preentation to lape to the metropolitan, the patron alo has the ame advantage if he preents before the arch-bihop has filled up the benefice; and that for the ame reaon. Yet the ordinary cannot, after lape to the metropolitan, collate his own clerk to the prejudice of the arch-bihop. For he had no permanent right and interet in the advowon, as the patron hath, but merely a temporary one; which having neglected to make ue of during the time, he cannot afterwards retrieve it. But if the preentation lapes to the king, prerogative here intervenes and makes a difference; and the patron hall never recover his right, till the king has atisfied his turn by preentation: for nullum tempus occurrit regi. And therefore it may eem, as if the church might continue void for ever, unles the king hall be pleaed to preent; and a patron thereby be abolutely defeated of his advowon. But to prevent this inconvenience, the law has lodged a power, in the patron's hands, of as it were compelling the king to preent. For if, during the delay of the crown, the patron himelf preents, and his clerk is intituted, the king indeed by preenting another may turn out the patron's clerk; but if he does not, and the patron's clerk dies incumbent, or is canonically deprived, the king hath lot his right, which was only to the next or firt preentation. Rh