cccvii the queen and the bishop OF yorks case quare hinder collation gain not  the patronage of the king plenarty no plea against the king the queen bring a  quare hinder against the bishop of York and one monk and count upon a  presentment make by he Henry in the right of his duchy of Lancaster and so  convey the same to the queen by descent the bishop plead that he and his  predecessor have collate to the say church c and monk plead the same plea upon  which there be a demurrer and it be move by Beaumont sergeant that the plea be  not good for a collation can gain any patronage and can be a usurpation  against a common person much less against the queen to who no lapse shall be  ascribe and although the queen be seize of this advowson in the right of her  duchy yet when the church become void the right to present vest in the royal  person of the queen and yet see the old register when king present non in jure  coronae tunc to run into ei time Hammon sergeant by these collation the queen  shall be put out of possession and put to her writ of right of advowson but  the same ought to be intend not where the bishop collate as ordinary but where  he collate as patron claim the patronage to himself for such a collation do  amount to a presentation and here be two or three collation plead which shall  put the queen out of possession although she shall not be bind by the first  during the life of the first incumbent vide Br quare hinder upon the abridge  of the case of e that two presentment the one after the other shall put the  king out of possession and put he to his writ of right of advowson which  Anderson deny and it be hold by the whole court here be not any Leonard er p  presentation and then no possession gain by the collation and although the  bishop do collate as patron and not as ordinary yet it be but a collation and  there be a great difference betwixt collation and presentation for collation  be a give of the church to the parson and presentation be a give and offer of  the parson to the church and that make a plenarty but not a collation and  although that the queen have the advowson b the right of her duchy yet that  make not any matter for the person of the queen privilege all her capacity and  therefore plenarty be no plea against the queen be she seize of the advowson  in the right of her crown or of her duchy but when she claim by lapse it be  otherwise Leonard and afterward exception be take to the writ because it be  not set forth in the writ how the queen claim the advowson as where the king  have right to present by reason of the temporalties of the bishop in his hand  the writ shall say ration archbishopric cant nunc vacant or ration watch and  so because this advowson be parcel of her duchy the writ ought to say so and  Anderson chief justice be of opinion that the writ be good enough  notwithstanding the want of that clause ration leadership for both way it be  good and sufficient general or special as where a man have a advowson in the  right of his wife and the husband bring a quare hinder the writ shall be  general ad svan special donation without the mention of his wife see the book  of entry the writ be general but the count be special and there be the very  case of the duchy of Lancaster and then the writ be general but the count be  ration leadership Himself Lancastr and such a avoidance of a church parcel of  the duchy may be grant under the great seal and see the case of the duchy of  Lancaster in Plowden to that purpose and afterward a precedent be show in a h  where the writ be general and the count be ration leadership cro   a