cccxvi lancaster and lucas case lease attornment trespass be bring for enter  into the parsonagehouse of Ringhall and diverse land appertain to it the  defendant be farmor of the parsonage plead not guilty and the jury find that  one Tybbin be parson of the say church and that one ash and Dorothy his wife  wivell and Drausfield be patron of the say church sure ash and his wife in the  right of his wife wivell as tenant by the courtesy the reversion to his son  and Drausfield also as tenant by the courtesy bat without issue by his wife c  so as the inheritance of the say parsonage be in wivell and ash and afterward  the bishop of Chester be ordinary the parson and patron e join in a lease of  the rectory which lease be void as to the wife of ash to S who assign it to  the defendant all the lessors die and further find that ash and wivell be heir  of the patronage and that the church be void the presentment come to the  bishop by reason of lapse and that the successor of the bishop have collate  his clark cook argue and he conceive that the same now incumbent shall avoid  the lease in toto and the case be but Leonard this three coparceners patron of  a advowson or tenant in common the parson three patron and the ordinary join  in lease where the one of they be a femecovert and so her act void if the  successor of the incumbent be present by lapse shall avoid it in all and he  conceive that he shall for all three have interest in the parsonage and all  three ought to agree but the agreement of the one be worth nothing but it have  be say that that be but matter of assent and that the assent of the one be as  strong as the assent of they all as if many joint tenant hold by certain  service and the lord grant the service to a stranger and one of the  jointtenants attorn to the grant the same be as sufficient as if they have all  attorned light otherwise it be of a rentcharge for there all the jointtenants  of the land charge upon the grant of the say rend ought to attorn to the grant  for the tertenant ought to attorn and one of they be not tertenant and in case  of a rentcharge the avowry be upon the land but attornment differ from our  case for attornment be but a bare assent without any interest in he who  attorns for a abator may do it but here be matter of interest and in  attornment attornment for one acre be effectual for all e Fitzherbert variance  but otherwise it be in case of confirmation for one acre the same do not  extend to the rest for in such case a interest passes so here the one of they  be not patron therefore all of they ought to concur e grant that such act of  the patron shall not bind but accord to the estate of the patron which see  light as if tenant in tail confirm the same shall not bind the presentee of  the issue see Fitzherbert grant in r the case be that the bishop of covent and  lichfield have two chapter one of Coventry the other of lichfield and he make  a conveyance but one chapter only do confirm it the same do not bind the  successor for both be but one chapter in respect of the bishop and see the  case abridge by Statham Title assize for if the bishop be choose by both  chapter there a confirmation must be of they both the case in dyer two  Elizabeth thark archbishop of Dublin have two dean and chapter the one  surrender without the assent of the bishop and afterward the other dean and  chapter confirm a lease make by the bishop the same be good I confess that for  the surrender be by Act of parliament and so one sole chapter remain and in  our case the lease can be good in part and void for the residue for all be but  one patron as h two coparceners be they make composition to present by turn a  writ of annuity be bring against the incumbent he shall have aid of both and  see the case betwixt gore and Dawbney in the exchequer Chamber upon a writ of  error where two be Accountable a account make by the one be not good for both  the accountant shall make but one account and therefore the account of the one  can be good and the Lord Anderson put this case two jointtenants of a manor  the one of they do grant a copy the same be void for he be not dominus pro  tempore and see as to the assent of they all c S Elizabeth dyer but it have be  object Leonard er p that now the incumbent come in by the ordinary and not by  the presentment of the patron and the ordinary be bind by the confirmation of  his predecessor so that the collation of the bishop by lapse be in the right  and shed of the patron and as the presentee of the heir of the patron shall  avoid c so also of the ordinary and e Br presentment the patron shall have a  writ of darreinpresentment upon the present of the bishop for lapse and h if a  man can recover a advowson and after the bishop collate for lapse the same be  a execution of the judgement and will make a possession brother as moil say  and in our case this confirmation be void in all because non are to run  together two who in here part to run together to withhold and it be a entire  act and can be avoid in part and stand for the residue and the presentee  Leonard come in in the right of the heir for which he may avoid it c Popham  contrary it be to be here consider if the ordinary have interest in the church  by this lapse or only a authority for if he have a interest then it will  follow that every one of his successor shall be bind by his confirmation and  also their presentee it have be object that there ought to be a full and  entire patron who make such a lease otherwise it be void but that be not so as  if the patron be tenant for life his lease or confirmation shall not be void  in all but shall be good during his life which see e grant and Elizabeth a  parson make a lease for forty year the bishop be patron and ordinary confirm  it the patron die the bishop present and afterward be translate this lease  shall stand during the life of the bishop and of the new incumbent who find  the church charge and then such lease may be good for part and void for part  see for the same e if the advowson of a church be appropriate unto a prior and  his successor if afterward the wife of the grantor be endow of it and present  her clerk the church be become disappropriated during the life of the wife but  afterward shall stand see the case cite to the contrary Elizabeth n the case  of the earl of Bedford   at the beginning the patron be not restrain to any  time to present his clerk but the six month be appoint at the instance and  suit of the by a canon confirm in the council of lateran before which time the  ordinary have not any lapse but after the say canon they have a interest in  the church and this appear in the register and see f n b f that after the  ordinary be entitle to lapse the plaintiff in a quare hinder can have a ne to  send to for now the ordinary have a interest and if the bishop have title to  present by lapse and before presentment he die so as his temporalties come to  the king the king shall present which prove that it be a interest and the  civilian call it interest caduc conditionals and in our case the confirmation  of the coparcener shall bind the other coparceners in a that has arisen by  birth to have shall bind they all and the villain shall be free for ever and  it be move also if a usurper or the clerk who be in by he shall avoid this  clause and by the word of the statute of west si time halfyearly transient per  hindrance alicuj ita quod bishop ecelesiam To bring together spit patron she  vice praesentationem svan to send away adjudice financial loss ad valor church  pro dvobus year wherefore what the patron lose the ordinary have the same  therefore it be a interest and in lieu of that loss the statute give damage to  the patron c and the case be adjourn to be further argue at another day c Bac  on lease pasch Elizabeth rot in the king bench