Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Entred Hill. 18. Jac the case of Comendams. Richard Woodley against the Bishop of Exeter, and Mannering.

RIchard Woodley brought a quare Impedit against the Bishop of Exeter, and Mannering who was Parson of the said Church, and he declared that Arthur Basset was seised of an acre of land, to which the said Advowson was appendant in his demeasne as of fee, and that he the 13. Octobris 13. Eliz. granted the next advowson to one William Manwood, who was then incumbent in the said Church, who by his will 20. November made one Harcourt his executor and died, by whose death the Church became void, the which was the first and the next avoy∣dance after the grant, and Harcourt presented Cardon, and that the said Arthur Basset so being seised in fee 18. Octobris 17. Eliz. by his will in writing devised to Iohn Basset his son the first and next avoydance of the Church aforesaid, which first and next avoydance hapned after the death of the said Arthur Basset, and that the said Iohn Basset was possessed of the said next avoydance, and the said Chardon being incumbent 29. of September 37. Eliz. he was elected Bishop of Down in Ireland, and he being so Elect, the Queen by her letters 37. of her Raign consi∣dering the smalness of the said Bishoprick; that it was not able to maintain him in his episcopal dignitie, ex gratia sua speciali concessit Lycensavit et potestatem dedit to the said Chardon Bishop elect, that he with the said Bishoprick the recto∣ry of Tedbome in comendum ad huc recepire et fructus de &c. in usus suos convertere disponere et applicare valeat et possit, habendum that in Comendam for 6. years, and within the 6. years he was consecrated, and after the Term of the 6. years the Church became void, per legis Anglie, and that the Queen by her prerogative presented one Bee who was admitted, instituted and inducted, and the Plantiff conveyed from Iohn Basset his title by his grant of the next avoydance, and shewed that the said Church became void by the death of Gee, and that the va∣cation by the death of Gee is the next avoydance after the death of Arthur Basset, by reason whereof the Plantiff presented, and was disturbed, and upon his decla, ration Edwards the patron demurred, and the Bishop claimed nothing but as ordi∣nary, and Manering pleaded and confessed the seisin of Arthur Basset, and the grant to Manwood, and the presentation by Harcourt of Chardon, and the de∣vise to Iohn Basset, but he shewed that after the death of Arthur Basset the Acre to which the advowson is appendant, descended to Thomas Basset as &c. and he

being so seised the Church became void by the death of Chardon, who had the next avoydance after the death of Arthur Basset, and that this remained void, by 2. years after his death, by which the Queen presented by Lapse the said Gee, who was admitted &c. and Thomas Basset conveyed that to Edwards, and that became void by the death of Gee, and that he presented the said Mannering &c. absque hoc quod praedicta vacatio Ecclesiae praedictae post Mortem de Gee was the first and next avoydance after the death of Arthur Basset, as the Plantiff had alleadged, and upon this bar the Plantiff demurred: and it was argued by the Councel of both sides on several dayes, and in Michaelmas Term ensuing, it was argued by the Court, but because that Harvey was newly made Iustice he did not argue the case; but Iustice Hutton began.