ccvii the queen and BUCKBERDS case quare hinder damage in a quare hinder where  by king e contra where only single damage a man shall not assign for error  that which be for his advantage the queen recover against Buckherd in a quare  hinder and thereupon a writ of error be bring and it be assign for error that  the queen post time halfyearly have judgement to recover damage for the value  of the church for half a year cook the same be no error as it be adjudge  Elizabeth see also h and these damage be not as damage but as a penalty  inflict upon the disturbance see book of entry the king in a quare hinder  count to his damage of forty pound and livre and although time halfyearly  transient yet the king shall recover damage but the value of the church for  half a year for the king at all time may present in his own right for no one  time to run up king at another day it be move by Fenner sergeant and be  conceive that here the queen be not to recover damage for she do not present  in her own right for the incumbent have two benefice without qualification  therefore the first be void and the lapse encurred and therefore the queen do  present in the right of the crown and so be not spit patron e quare hinder the  king shall not recover Leonard er p damage although he count of damage h  damage and as to the case of Elizabeth t do not appear there that the king do  present by reason of his prerogative and he show diverse precedent that the  king shall not recover damage in such case p h rot h rot for the statute be  intend to give damage to the very patron and not otherwise cook where the king  present by lapse he be spit patron here vice as grantee of the next avoidance  vide t e quare hinder the king recover damage in the case of a prior Godfrey  say he have search the roll of Elizabeth and there be more report in the book  than be in the roll for judgement be give for the presentee but as for the  damage the court will advice of it gawdy it be clear that the queen shall not  recover double damage for she can lose her presentment because no one time to  run up and because eastern quod time halfyearly transient but she shall have  single damage for they be Leonard give for the wrong and disturbance and not  for the presentment and therefore the damage be well award Wray if the king be  not within one part of the statute as it be agree as to the double damage it  be hard that he be within the other branch Popham attorneygeneral the queen  ought to recover damage but only single damage but not double damage and the  word of the statute be general therefore the queen shall have the benefit of  it and of all statute make for the benefit of the subject the king shall take  advantage the statute of Gloucester give damage in a writ of cosinage aiel and  besail and the king bring a action upon the seize of his ancestor he shall  recover damage and in construction of statute the options of they which be  next to the make of they be to be much respect vide e rot e rot and always the  king count to his damage c and that shall be in vain if he shall not recover  damage and as to the precedent show to the contrary that be the default of  those clerk which the king have present and when in a quare hinder the king  have prevail they content themselves with the incumbency without regard of the  damage but if damage be not to be give yet the judgement to recover the  presentment be not erroneous and the judgement only as to the give of damage  shall be reverse and the defendant in the quare hinder here shall not assign  the same for error because no damage be give for it be for his advantage and  always where it be find for the queen in a quare hinder they inquire of the  value of the church which shall be a frivolous thing if the queen shall not  recover damage gawdy of thing transitory the queen may be disturb and if she  be wherefore shall she not recover damage but the doubt be if the intent of  the statute be if the party shall have single damage in any case and here in  this case the judgement be one and entire and if it be reverse in part it  shall be reverse in the whole as in dower the tenant plead that he be always  ready c the demandant shall have judgement to recover her dower and a writ  shall issue forth to inquire of the damage and see also e in a assize of  darrein presentment the plaintiff have judgement to have a writ to the bishop  and the assize be take after for the damage and in the mean time the defendant  bring a writ of error and it be hold maintainable for they be several  judgement but it be not so here for the entry be quod to express grief to have  breed bishop because not know who financial loss c for it be one judgement  Wray it be but one statute and therefore it shall be construe with one  construction and it shall be a strange construction that the king shall be  within one part of the statute and out of the other and h the king attorney  can not have damage which be a great proof and authority that the judgement  for damage in such case be error the experience and usage of law be sufficient  to interpret the same to we and from the time of e until now no damage have be  give in such case thrice this matter have be in question h and the justice  there will not give damage h there the council learned of the king can not  have damage for the king and Elizabeth there be no damage and whereas it have  be say that a man shall not have a writ of error where judgement be give for  his benefit that if judgement be enter that the defendant be in pity where it  ought to be to take in hand yet the defendant shall have a writ of error and  he conceive also that here be but one judgement Clench the first precedent  after the make of that statute be that damage be give for the king in such  case but afterward the practice be always otherwise and that the say statute  can not be construe Leonard er p to give in such case damage the reason be  because the justice take the law to be otherwise and the king Leonard be not  within the statute of h of buy of tithe nor any subject who buy any title of  he and here in our case the queen be not spit patron but have this presentment  by prerogative and if title do accrue to the bishop to present for lapse yet  the patron be spit patron at another day the case be move and it be say by  Wray that he have confer with Anderson manwood and periam who hold that the  queen can not have damage in this case but periam somewhat doubt of it gawdy  ill e in dower the demandant recover her dower and damage by verdict and  afterward for the damage the judgement be reverse and stand for the land  Clench it shall be reverse for all for there be but one judgement and  afterward judgement be give and that the queen shall have a writ to the bishop  and damage Popham the court ought not to proceed to the examination of the  error without a petition to the queen and that be the case of one mordant  where a infant levy a fine to the queen and thereupon bring a writ of error  and afterward by the resolution of all the judge the proceed thereupon be stay  see h a good case cro   trin Elizabeth in the king bench