case I h Fitzherbert darrein presentment f n b a assize of darrein or last  presentment noth not lie de the support or church praebendatis ita to see in  advance be in person ring archbishop bishop comrade baron parliament  prerogative piety of the law darrein or last presentment observation act of  parliament have be pen in different style and I do not find this word  parliament before e that king use the French language in the statute call west  the statute of Merton and marlbridge which be make in the time of h have not  the word parliament nor have many other statute nor any mention of the Commons  and vet the Commons be assemble as appear by the grant of a fifteen h statute  of great paper in fine king e a man of great magnanimity power and wisdom and  our Justinian use to speak French from his time as it seem to I this word see    Inst ch reliquiae Spelmanianae of parliament parliament begin parliament  videlicet the assembly of the lord and Commons by the king command it be call  Michael gemout in the time of the Saxon but at that time this word parliament  be not use for that assembly canden britain former the king call to parliament  only such of the peer as he please a quare hinder and writ of right of  advowson lie of a prebend f n b mag chart c restrain the assize of darrein or  last presentment to the court of common plea west ch e ch give the trial by  nisi prius and the power of judgement there in the country by justice of nisi  prius in quare hinder and darrein presentment h in a assize of darrein  presentment it be not think convenient as to prebend which regular belong to  the king and the bishop the king only in this case restrain himself with  regard to religion it be true that no one Jenkins er p time occurit king so  neither shall the king be restrain by any place or any private custom by which  he have any prejudice but the king may restrain himself judgement give against  the king be give with the Jenkins clause salvo always jure domini king si  alias ind to speak volveri either express or imply the kin can it maintain a  assize or ejection strong of land for nobody can oust he but he may be put to  a quare hinder for he may be out of possession of a church to which he have  right the reason of the principal case may be that the assize of darrein  presentment require by the word of the writ videlicet et interim church that  to see that the juror shall view the church cathedral church as those be where  prebend be be of great reverence and of much great than other church there be  prayer twice every day with hymns and instrument of music the view of the  juror of they require by the writ of darrein presentment be a kind of  profanation summa ratio be who pro religious compose the judgement in darrein  presentment be that to express grief recupere praesentationem svan the like in  quare hinder h   b c boswell case have much learning concern darrein  presentment see hob hetl Inst Jones carter Cr James the stat of west ch e ch  alter great paper ch in this point for the assize of darrein presentment the  assize of darrein presentment maybe determine in the country by these stat of  west and e and although these be only affirmative statute yet they be contrary  to the say statute of great paper abrogate it a assize of darrein presentment  bring in the common plea and a quare hinder may be try by nisi prius in the  country as be aforesaid but as to the original writ they ought to be sue out  of the chancery returnable in the common plea Inst the count plea and issue  shall be in the common plea and the judgement give upon they in the country  ought to be certify in to the common plea d part of the institute it seem to  Lord coke that the king shall have only a year and a day in the land of felon  condemned where the land be hold of other lord because great paper ch noth not  mention waste and therefore Lord coke conclude because waste be add by the  stat de praer king ch and because that great paper be confirm by e ch  afterward that the king at this day shall not have waste the law have be  mistake in this point for the act of parliament which intervene between the h  and the e be not repeal though they vary from great paper but the true sense  of e be that great paper shall stand in all point not alter by intervene act  of parliament great paper as to this alteration be make void and a  confirmation of a void thing be a nullity the statute of tribe which voted  first king ch and Glanville who write in the time of h and Bracton e ch f n b  f n b give waste to the king with the year and the day and great paper have no  negative word that the king shall not have waste and the commonlaw before the  e be that the king shall have waste in such case Stamford praer and great  paper in this be only a affirmance of the commonlaw if the construction be as  Lord coke have make it of the e then the say statute of e shall take away the  force of west and of the e as to the trial of darrein presentment in the  country by nisi prius for the e be make after west and the e a assize of  darrein presentment do not lie between parceners when one of they usurp in the  turn of the other because of the privity which be between they and the word of  the writ be against he that deforces the advowson e e Fitzherbert darrein  presentment but one parcener may have of n b will quare hinder against another  when his turn be disturb by the other parceners they ought all to join when a  stranger present for he claim the whole advowson against they both a husband  seize of a advowson in the right of his wife the church void theF n b m  husband may maintain a quare hinder without his wife for the presentation  which be to be recover be only a f n b b die pl Benl pl chattel and the word  of the quare hinder be to his purpose for he be hinder to present ad church  who vacat ad Jenkins svan observe Jenkins er p donation and be shall have a  assize of darrein presentment without join his wife for the presentation only  be recover in a assize of darrein presentment as in square hinder this writ be  call a assize of last presentment for it be bring where the last presentment  be by the plaintiff or his ancestor or in his right and because of this last  seize the writ have this name in a quare hinder a presentation by the lessor  donor or lessee be sufficient a I lessee for year may have a assize of darrein  presentment h where he have present before in his own right