Beverley against the archbishop OF Canterbury quare hinder Thomas Beverley  bring a quare hinder against John archbishop of Canterbury and Gabriel  Cornwall the case be that the queen be entitle to a advowson by lapse because  that the incumbent have two benefice each of they be of the value of eight  pound per annum whereby the first by the statute of h become void and after  the say incumbent die and diverse other be present by the patron who die also  whereby the church become void again if the queen pay now take her turn to  present in regard she take not her turn when the first lapse happen immediate  at the first avoidance be the question and after long and serious debate all  the justice of the common plea do resolve that the queen shall not now have  her presentment but the patron because the queen have such presentment by  lapse as the bishop have and no other and can present but to the present  avoidance then void and although no one time to run up king yet we must  distinguish it thus for where the king be limit to a time certain or to that  which in its self be transitory there the king must do it within the time  limit or in that time where in the thing to be do have essence or consistence  or while it remain for otherwise he shall never do it for if the grantee of  the next avoidance or lessee per auter vie be attaint Owen here the king must  take his interest and advantage during the time videlicet during the life of  beneficiary and vie or within the year of the next avoidance or otherwise he  shall never have it the same law be where a second presentment be grant to the  king and be do not present he shall not present after Shuttleworth we have a  outlawry against the plaintiff whereupon judgement be stay but after hill  Elizabeth the queen sergeant show that the plaintiff be outlaw it be argue by  Walmsley that that can not now come into debate for the plaintiff have no day  in court after judgement and it be but a surmise that the plaintiff be the  same party Windham in a debt upon a obligation the sergeant may pray the debt  for the queen and yet it be but a surmise and the opinion of three justice be  for Anderson be absent that the writ to the bishop ought to be stay but in  what manner process shall be make if the to know facias shall issue against  the plaintiff they say they will advice concern the course but periam say that  a to know facias may have issue against the ancient incumbent and then the  queen shall bring a to know facias again because she have no presentation and  the to know facias be bring against Beverly Walmsley I conceive the queen  shall have no presentation for although we have acknowledge our presentment  yet before execution we have but a right as if a disseizee be outlaw he shall  not forfeit the profit of his land also he have bring a to know facias and a  to know facias lie not but by he that be party or privy periam after that we  have this chattel it be forfeit by outlawry Anderson the judgement that be  shall recover shall not remove the incumbent and then the plaintiff have but a  right to which periam and Walmsley agree but as to the other point that the  and n shall not have a to know facias for default of privity they see no  reason for in many case she shall have a to know facias upon a record between  stranger Anderson if I recover in debt and then I be outlaw shall the queen  have this debt Walmsley if I recover in a quare hinder and d e who shall have  the presentment my executor or my heir to which no answer be make but the  court will take advice for the rareness of the case and it be say to Walmsley  Owen er p that he may demurrer in law if he think the matter insufficient to  which Walmsley agree and do demurrer c annuity to a woman who marry and die a  annuity be grant to a woman for life who after marry the arrear of the annuity  encur and the wife die whereby the annuity be determine it be adjudge that the  husband shall have a action of debt at the commonlaw for that a annuity be  more then a choose in action and may be grant over and it be agree by the  court in this case that if a man grant a annual rend out of land in which he  have no interest yet this be a good annuity to charge the person of the  grantor in a writ of annuity h a coke that Rep a