basset against the corporation OF torrington the last patentee shall not have  a to know facet to repeal a former patent though he seem to have right if the  last patent be of fair and market golden at different tinge from those by the  first patent it be no cause of repeal yet here be the word nisi ad noczbment6m  c therefore see   and more king Henry be seize in fee of the manor of  Torrington in the county of Devon and of a market within the say manor hold  every Saturday in every week and of a fair there annual hold on the eve and  the day and the morrow of saint Michael the archangel parcel of the possession  of h late duke of Richmond and Somerset and by his letter patent bear date the  that of February in his that year grant to one Visicke and two other merchant  of Torrington a market within his manor of Torrington in the county of Devon  and his fair there annual golden at the in the last Edit and in that of and in  the first of this word be omit but ne be insert in the old one of dyer b er p  feast of saint Michael the archangel for the term of twentyone year render  annual seven pound whereof six pound thirteen shilling and fourpence be the  ancient rend and die seize dyer c and also king Edward and queen mary in her  second year by her letter patent incorporate the town of Torrington and make  it a borough and corporation of a mayor seven alderman and eighteen burgess to  relieve the town and inhabitant and grant to they that they and their  successor may have and hold from thenceforth a market every Saturday in each  week in the say town and borough of Torrington and two fair there annual S one  on the feast vigil and morrow of saint Michael the archangel and the other on  the day of saint George the martyr and the two next follow day unless that  market and those fair shall be to the detriment of the neighbour market and  neighbour fair and also grant diverse other liberty and casualty to they  render a rend of five pound and in the may follow queen mary recite the say  lease to Visicke c by the word comprise in the patent thereof and the  reservation of the rend of seven pound and also the say incorporation and  grant to they make and the rend of five pound grant the reversion of the say  market within the manor of Torrington and the say fair on the feast of saint  Michael the archangel and the aforesaid rend of seven pound and the say rend  of five pound and also the say manor of Torrington and all market and fair  annual hold within the say manor to James Basset in fee reserve a socage  tenure and twentynine pound three shilling rend whereof he die seize after who  death and after the expiration of the say term of twentyone year p Basset his  son and heir be within age make suggestion by guardian in the chancery that  the say market and fair grant to the say corporation be to the detriment of  the say market and fair of the say p whereof the reversion have descend to he  without strew the cause by reason of vicinity or otherwise bring a to know  facias against the corporation to annul their letter patent as to the market  and fair c who Calne by garnishment first by protestation deny the seize but  for plea they say that the town and borough of t be within the manor of t and  that it be a ancient town from time whereof memory c and incorporate by the  name of the mayor and burgess of Torrington and that the say market and fair  of saint Michael its vigil and morrow for all the say time have be hold within  the say manor S in the aforesaid town and borough of t only and not elsewhere  without and for their market prescribe in the seize of the mayor and burgess  pay to the king c three pound rend strew moreover that Visicke and the other  two have assign and grant over by their deed strew to the court all their say  interest and term in the that dear of Henry to one Walter dame then mayor of  Torrington aforesaid and to the burgess thereof whereby they be possess of the  market and fair and dyer be so possess the new incorporation and grant be make  by the queen mary to they as above strew also the act of confirmation of the  letter patent make by the queen in her five year with a averment that the  market and fair for which they prescribe and the market and fair mention in  Visicke and Basset letter patent be all one and not different c upon which  Basset the plaintiff demand that the letter patent make to the mayor alderman  and burgess of Torrington shall be enrol verbatim and they be so and upon this  the plaintiff demurrer in law and afterward it be argue by the counsel and by  the opinion of Cordel master of the roll dyer and Southcot dyer a er p justice  the to know facias do not lie because it be bring by the last patentee against  the old which be contrary to the book and precedent and the common course also  because the patent be of several distinct thing and not of one and the same  thing yet the better right be in Basset S the last patentee as it seem whether  after lapse to the king institution and induction by the metropolitan of the  patron plesentee can prejudice the king or be the king bind to admit he queen  the gift of a benefice come to the queen by lapse through the default of the  ordinary of the diocese and of the metropolitan and notwithstanding this the  clerk of the rightful patron be institute admit and induct by the metropolitan  whether this shall prejudice the queen or the queen shall be bind in law and  right to admit the presenter of the patron if it have be make to the queen  quaere see a similar case h Elizabeth post fol pl the bishop after collate  bylapse and before induction may refuse to admit theipatrons presenter also if  the bishop collate his own clerk by lapse and before induction the patron  present one to the bishop he may refuse to admit he and this by the opinion of  the justice a like case h post fol pl wardship for a tenure in chief escheat  to the bishop who die before seize neither the king nor the successor shall  have the ware but his executor a wardship escheat to the late bishop of Durham  for a tenure of he in capita a and before any seize by he make of the body or  land the bishopric become void and now there be another bishop whether he or  the queen shall have the wardship and by the opinion of the counsel in the  court of ware the the bishop be bind by such presentment after six month if it  be before collation h cro pl e the same case plead in the new book of entry  where it be admit that if the present of the patron have not be dead the queen  shall present but the presenter be dead the queen can have the second turn and  there the title of the queen be ho lapse but see Keilway Fulb ante pl  Knightley it seem to I that if the bishop in this case accept a lease for life  of the tenancy and during the suspension a wardship escheat and the bishop die  the king shall have the ware and not the executor because the testator be  entitle to no wardship a I suspect that this shall be by knight service as  Lord coke Inst a put it for which also this case be cite because tenor in  capite can be only of the king unless the bishop have a lease front the king  of the tenancy as be mention in the note yet tall the edition have its capite  but by car c all these tenor with wardship and their other dependency be  abolish dyer b er p queen shall not have it nor the successor notwithstanding  m e Fitzherbert ab guard e b and e e a pl but rather the executor or  administrator of the predecessor c