The same Term in the same Court. Rones Case.

IN an Ejectione firmae brought by the Lessee of Rone, Incumbent of the Church of Dallinghoe in Com. Suff. It was found by speciall Verdict, that the King was the true Patron, and that Wingfeild entred a Caveat, in vita Incumbentis, he then lying in Extremis, scilicet, Caveat Episcopus ne quis ad∣mittatur, &c. Nisi Convocatus, the said Wingfeild; the Incumbent dies, Naunton a stranger presents one Morgan who is admitted and instituted, afterwards the said Wingfeild presents one Glover who is instituted and in∣ducted, and afterwards the said Rone procure a presentation from the King who was instituted and inducted, and then it came in question in the Spiri∣tuall Court who had the best right, and there sentence was given that the first institution was Irrita vacua & inanis, by reason of the Caveat, & then the Church being full of the second Incumbent, the King was put out of posses∣sion, and so his presentment void: But it was adjudged and resolved by all the Court for Rone, for 1. It was resolved that this Caveat was void, because it was in the life of the Incumbent. 2. The Church upon the Institution of Morgan was full against all but the King, and so agreed many times in the Books, and then the presentation of Glover was void by reason of the super∣institution, and therfore no obstacle in the way to hinder the presentation of Rone, and therfore Rone had good right: And if the second institution be void, the sentence cannot make it good, for the Spirituall Court ought to take notice of the Common Law, which saith, that Ecclesia est plena & con∣sulta, upon the institution, and the person hath therby Curam animarum. And as Doderidge Iustice said, he hath by it Officium, but Beneficium comes by the Induction: And although by the Spirituall Law the institution may be disannulled by sentence, yet as Linwood saith, Aliter est in Anglia, who is an Author very well approved of amongst the Civilians: And Doderidge put a case out of Doctor and Studient, the second Book: If a man devise a summ of money to be paid to I. S. when he cometh to full age, and afterwards he sues for it in the Spirituall Court, they ought to take notice of the time of full age, as it is used by the Common Law, to wit, 21. and not of the time of full age as it is used amongst them, to wit, 25. So in this case at the Bar, for when these two Laws met together, the Common Law ought to be preferred: And when the Parson hath institution, the Arch-deacon ought to give him Induction: And see Dyer 293. Bedingfeilds case cited by Haughton to accord with this case.