bishop OF lincolns cask quare hinder the queen bring a quare hinder against  the bishop of Lincoln and Thomas leigh to present to the church of Chalsenut  saint Gilesin the county of buck the case be thus h be qualify take two  benefice which be above the value of eight pound and after take a three  benefice above the say value whereby the first benefice become void and so  remain for two year whereby title of lapse accrue to the queen and before  presentment make by the queen the patron do present one a who be admit  institute and induct do refuse to pay S ob due to the queen for the ten which  matter be certify by the bishop into the exchequer whereupon and by force of  the statute of the h the church be Self facto void wherefore the bishop the  now defendant be patron in right of his bishopric do present Thomas leigh the  other defendant against who the queen bring her quare hinder and it be adjudge  by the court that the quare hinder very well lie for the recusancy to pay the  ten be his own act and be a resignation and by that reason the church be void  and his shall not hinder the queen of the lapse but if a the incumbent who be  present die be present by usurpation upon the lapse to the queen yet afterward  the right patron shall present again but when a the incumbent do resign and  make the church void by his own act videlicet by recusancy as in this case be  do this may be do by collusion and by such mean the queen may be deprive of  her title by lapse for if this collusion between the bisbop and the incumbent  be suffer then may a stranger present upon the title of the queen and present  such recusancy and certificate may be make by which the church shall become  void and so the queen deprive of the lapse Fenner this lapse be give to the  queen by her prerogative but on condition that she take it in due time for  such be the nature of the thing lapse as be in this case adjudge videlicet  that when the queen have title to present by lapse and do not present but the  patron present and after the church become void by the death of the incumbent  in this case adjudge by the court also the queen can present but in this case  the avoidance be by privation and not by death judgement be enter for the  queen Owen trin Elizabeth in Com b