case Wentworth against wright if a incumbent he make a bishop the church  hecomes void and the king shall present by virtue of his prerogative although  the patron he a subject post Owen more cro I ac dyer roll Abr Vau h lev shower  Mod Leon Leon vern Inst salk strange wood Inst ld raym quare hinder the case  be one Davies incumbent of the church of a be create bishop of saint Asaph the  queen thereupon present the defendant to that church and the plaintiff be  patron bring the quare hinder and whether the queen by prerogative or the  patron ought to present be the question upon a demurrer Yelverton for the  plaintiff there be in law diverse avoidances of benefice whereof this creation  of the incumbent into a bishop be one whereby the church croak Elizabeth a cro  James roll hut and palm winch cro car Fiuch bridge die pl Leon Vaugh b coke b  b hob roll ab croak Elizabeth er p hecoming void the patron shall have the  benefit and present again and I know not any reason why the patron shall not  have the benefit of this avoidance as well as in other case of avoidance  as  in take of a second henefice deprivation or otherwise and there be not any  book whereby it may be prove that there be any such prerogative in the queen  but only mary brook presentment all church and against that be the opinion  Henry pl and if a church hecomes void by the incumbent be create a bishop the  queen or patron may present and Edward S quare hinder Edward pl Edward pl  Henry pl although it appear in those book that the church be void by the  incumbent be create a bishop yet the queen make not any title to the henefice  for that cause which be a great argument that the queen have not any such  prerogative and so be Edward pl and temps Edward quare hinder where the king  although the henefice be void by create the incumbent a bishop make not any  title and doctor and student b be that if a benefice he void by death creation  or session the six month shall he account from the time of the death creation  or session which prove that the presentment appertain not to the queen for  then there can not be any lapse and Elizabeth the opinion be express that the  queen have not any prerogative in this case wherefore c draw contra the book  vouch that the king have title by his prerogative do not take advantage  thereof but make other title be not of any authority against the queen but  some of they as Edward pl and Edward pl and the great opinion in Henry pl  prove express for the queen and the common experience at this day be that the  queen in all those case of create the incumbent a bishop have present to his  henefices and so there he many precedent thereof in Elizabeth dyer the  plaintiff do not demurrer upon the queen prerogative but take issue that the  church be void by resignation before the creation and although it be say that  this prerogative can be prove by reason this be not material nor ought there  any reason to he give or inquire about the queen prerogative for in regard she  be the head of the weal public and defend her subject and their possession the  law attribute unto her many prerogative for which no reason can he yield as to  have the tithe of land lie out of any parish to have the primer seize of all  land as well of other as of those which be hold of her in capite to have the  temperality of the bishopric and the like yet there be great reason also for  this prerogative for the queen have advance the incumbent to a great dignity  and it be her great loss to part with the temperality of the bishopric she be  also the mean to cause the avoidance of this henefice and it be a usual  practice that the queen for the most part upon create of bishop grant unto  they to hold their henefices in commendam which be good against their patron  because the presentation helonged unto her and that be as great a prejudice to  the patron as if the queen herself have present thereto when efore c