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CXL. Gerrard's Case. Pasch. 26 Eliz. In the Common Pleas.
* 1.1GErrard, Master of the Rolls, presented Chatterton Bishop of Chester, to the Church of Bangor; to which Church also, one Chambers presented his Clerk; by which several Present∣ments, the same Church became Litigious: The Archbishop of York being Ordinary of the place, awarded Jure Patronatus, &c. depending which, the Archbishop admitted the said Bishop; upon which, the said Chambers Libelled in the Spiritual Court, against the said Bishop; For that the said Archbishop praedicto Episcopo plus aequo fidens, admisit dictum Episcopum, pendente the Jure Patronatus; in which Case by the Law of the Church, the Admit∣tance is void; For, pendente Lite nihil movetur. And now came the said Bishop, and upon this matter prayed a Prohibition; and he had it, because that the right of the Patronage came in debate. After which came the said Chambers, and prayed a Consultation, because he medled not with the right of Patronage, but only with the wrongful admittance. To whom it was said by the Court, That the awarding of the Jure Patronatus, is not a thing of neces∣sity, but at the Will of the Ordinary, and for his better Instructi∣on: But if he will at his peril take notice of the right of the Pa∣tronage, he may receive which of them he will, without a Jure Pa∣tronatus awarded. And it may be, in this Case, That after the Jure Patronatus awarded, and before any Verdict given upon it, the Archbishop was satisfied of the right of the now Plaintiff in the Prohibition to the Patronage, and thereupon admitted the Clerk; And by the clear Opinion of the Court, the Consultation was denyed.