John Campbell Mirehouse

A Practical Treatise on the Law of Advowsons John Campbell Mirehouse

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1824 Excerpt: ...mendam retinere for his life. (3) So also if the king has only two parts of an advowson, yet he shall present alone, as no subject can be tenant in common with him. (4) A manor with the advowson appendant being in the hands of the king, the church becomes vacant, and afterwards the king grants the manor with the advowson, this avoidance being a chattel vested in the king; besides the grant would operate to double intent, he therefore and not the patentee, shall present. (') () Calland v. Trower, 2 Hen. Bl. R. 333. 6 T. R. 439. (2) Rex v. The Bishop of London and Dr. Birch, Ld. Raym. R.23. Salk. R. 540. 3 Lev. R. 382. (3) Ca. Parl. 184. 2 Rol. 343, 344. (4) The Chancellor of Cambridge v. Waldgrave, Hob. R. 127. The lord chancellor, or lord keeper of the Presentation great seal, for the time being, has right to pre-chanceIIor. sent to all benefices appertaining to the king, of or below the value of twenty pounds in the king's books of first fruits, according to the valuation in the time of Henry the eighth; and there is no other difference in the form of a presentation by the king or chancellor, except that for the most part the one is mandantes, the other rogantes (2); Mr. Place, however, seems ta think that though the use is for the chancellor to present to livings under the yearly value of twenty pounds, yet the king may present to any of his under valued benefices, if he please. (3) If the chancellor presents on a supposition Cannot be that the benefice is under value, and before in-g"" duction the king presents, his presentee will be tion. admitted; but after induction, the presentee of the chancellor cannot be removed. (4) (') Anon. Owen's R. 53. Gould's R. 73. Case 15. Bedminster Manor, Dyer's Rep. 300. a. (2) Lord Chancellor's case, Hob. R. ...