case baker against burn and Robinson if a incumbent neglect to read the  Thirtynine article within two month after his induction pursuant to Elizabeth  c the henefice hecomes thereby void without sentence of deprivation  prohibition in chancery to stay a suit in the court Christian for that  Robinson sue against the plaintiff to he admit to the church of c in the  county of Somerset and burn as patron come in there pro interest his and in  the chancery it be plead to issue whether the church of c be void by the death  of one Durston late incumbent there which be send into the queen bench to he  try where a special verdict be give to this effect that I S be seize in fee of  the advowson of the say church and present thereto the say Durston year  Elizabeth who be admit institute and induct but read not the article accord to  the Elizabeth c and the general pardon in Elizabeth be find and that afterward  Durston be deprive by sentence declaratory for not read of the article  whereupon he appeal and that depend baker obtain a presentation thereto by the  queen and be admit institute and induct and afterward Darston die and then  burn the defendant have the advowson present Robinson the other defendant who  sue in court Christian to he admit by si c Tanfield for the plaintiff this  issue be find against the defendant for by his a in Hilary term Elizabeth this  case be move again and adjudge for the plaintiff that the lease be void post  croak Elizabeth er p not read of the article the church be present void  without any deprivation then when the queen present croak Elizabeth baker the  plaintiff who be admit c and in for six month he be incumbent and the church  be not void by the death of Durston and whether the plaintiff presentation he  right or tortuous the defendant ought not to sue in court Christian to remove  he and Elizabeth dyer where a parson take a second henefice and do not  subscrihe to the article the first henefice be never void and so it be adjudge  in this court Elizabeth hetween morris and Eaton where a parson sue for tithe  the defendant plead that he never read his article and so not parson and  adjudge in a prohibition that the church be void for this cause wherefore c  Doderidge for the defendant this henefice be not void until deprivation in  facto and the incumbent continue parson until that en Elizabeth dyer that  notice ought to have be give of the deprivation or otherwise there shall not  he any presentment for lapse and although the word of the statute he that the  church Self facto be void it be to he intend upon deprivation and not without  sentence and this word deprive require the band of the spiritual court thereto  for it be a spiritual Act and Elizabeth dyer upon the Edward c for strike in  the church that ipsofacto he shall he excommunicate be to he intend he shall  he excommunicate after sentence or due trial and conviction and not before  then here if this church he not void until deprivation this offence of not  read his article be then pardon by the Act of Elizabeth and the deprivation  afterward be void and if it be not devoid but good yet by reason of this  appeal it remain as null until the appeal he decide and in proof hereof vide  Richard quare hinder Henry pi Henry guard Edward pi dyer and wherefore c but  all the justice Popham absentee resolve that this church hecame void present  by the not read of the article and there need not any deprivation for  otherwise the statute shall he defraud at the ordinarys pleasure if he will  not deprive and the pardon work nothing for the church be once void for not  read c he can by the pardon he restore and the pardoii shall never reach to it  because it be not a contempt whereof he may he indict but his punishment be to  lose his henefice wherefore it be adjudge for the plaintiff quod prohibition  pillar a