bishop OF lincolns case rot in a quare hinder bring by the king against the  bishop of Lincoln and leigh the incumbent the case be the bishop have a  advowson in gross and present I S who take a second benefice with cure whereby  the first become void and continue so until lapse fall to the queen and after  the title of lapse fall to the queen the bishop present one I who be induct  and by reason of recusancy to pay tithe be deprive and by the statute h the  church become void Self facto whereupon the bishop present one leigh within  six month and now the queen will present Fenner this case be the same with  Bosherulls late adjudge but the court say that here be a privation for  recusancy and therefore it will make a difference and afterward pasch  Elizabeth walmesley for the queen say that if a lapse be fall to the ordinary  if the patron do present before the bishop have collate he ought to receive  his clerk but where it be devolve to the king the patron by no mean can defeat  the king but he may remove his clerk at his pleasure but if such incumbent be  present after such lapse and die then the title of the king be go and his time  pass by the act of God but in our case the avoidance which do oust the king  from his lapse be avoidance by reason of recusancy to pay tithe which be the  proper act of the incumbent as be a resignation and no such avoidance be by  the act of the party himself shall oust the king of his presentation for in  the h in annuity against a abbot who resign the writ shall not abate for then  the plaintiff shall never have a good writ so our case if the king be out of  his lapse by such devise be Owen er p shall never have a lapse for every one  will usurp upon the king Owen lapse and will present resign or misdemesn  himself whereby to avoid the lapse and in the Edward the by Pigot a writ bring  against a prior shall not abate although the prior be not depose for it be his  own fault Fenner this lapse be give the king by his prerogative but on this  condition that be take it in due time for so be the nature of thing lapse for  if after a title accrue to the king he suffer usurpation and the incumbent die  his lapse be lose for the nature of the lapse be such that it must be take at  its time and where the title of the king be limit to a time there he shall not  have his prerogative for a prerogative can alter estate as if the king grant a  signiory in gross render rend and the tenant to the lord die without heir  whereby the tenancy escheat the signiory be extinct and the rend of the king  be go as well as it be in the case of a common person and so if the king have  a rend seek for life out of my land if I die be can distrain in my land for  the arrearage as he may in my life time and so where the statute give annum  they empty to the king yet he shall not have it after the death of the tenant  for life so if the king reserve a rend upon a lease to a estranger and the  stranger enter in respect of the land whereby his entire rend be suspend now  the condition as to the king also be suspend during that time for the nature  thereof be to be attendant upon the rend h if a man grant a rend upon  condition to cease during the minority of his heir and after this rend come to  the king and the grantee die the rend shall cease during the minority of his  heir so that b that all these case the reason appear that the nature of the  lapse be to be take here vice and the king must take it then or not at all and  where it be object that by this mean every lapse many be take from the king I  conceive that far great inconvenience will be to the patron on the other side  for when a lapse be devolve to the king and a stranger present if then the  true patron may not present until the death of such incumbent perhaps the  incumbent will resign or be deprive and a stranger shall be present again and  again in like manner and so by this mean the patron shall never continue his  advowson for by the covin between the stranger and the neglect of the king to  take his lapse the incumbent shall never die and afterward in this term it be  adjudge that such usurpation shall not take away the lapse from the king  because the avoidance accrue by the act of the incumbent cook it a Hillary  Elizabeth