Union, how tried. are reserved in perpetual unions, whether within the statutes or not. (1) After an union is made, if any question arises concerning the validity thereof, all unions within the statutes may be tried in the temporal courts; but if such union is not within the statutes, but at common law, it must be tried by the spiritual courts. (2) (*) Gibs. Cod. tit. 38. ch. 1. (2) Harman V. C Renew, 1 Salk. R. 165. CHAP. VII. On Presentations. PRESENTATION is the offering a clerk to Definition. the ordinary to be instituted to a church. (1) A presentation may be to a deanery, archdea. To what a conry, prebend, hospital, church, or chapel. (2) presentation may be. Though presentations might have been made. How made. formerly as well by parol as by writing, yet, since the statute of frauds 29 Car. II. c. 3., all presentations must be in writing, in the nature of letters missive to the bishop; and (by 55 Geo. III. c. 184.) when granted by his majesty, or any other patron, to any benefice or ecclesiastical promotion in England of the yearly value of ten pounds in the king's books on a twenty pound stamp; or to any other ecclesiastical benefice, dignity, or promotion whatsoever in England, on a ten pound stamp. Common reputation is not admissible in evi- Evidence of dence to prove a presentation, nor was it even (*) 1 Inst. 120. a. Seld. de Dec. ch. 12. s. 5. 391. 393. (2) 2 Rol. Abr. 342. a presentation. K when presentations might have been by parol. (') SECTION I. The king pa. tron para mount of all benefices. By 26 Hen. 8. Statute of Presentation On Presentations by the King. As the supreme ecclesiastical authority is in the king, as a flower of his crown, he is patron paramount of all benefices in England, and the right of presenting to such benefices as do not belong to other patrons belongs to him. By the statute 26 Hen. VIII. c. 1. the king was declared the only supreme head on earth of the church of England, and all honors, dignities, privileges, profits, and commodities to the said dignity of supreme head of the same church belonging and appertaining, were united to the crown. The statute of supremacy, 1 Eliz. chap. 1. supremacy restored this power to the crown, after it had of benefices been suspended in the time of Philip and Mary, and the king has now the right to present to all dignities and benefices of archbishoprics and when sees vacant. (*) The King v. Eriswell, | 3 T. R. 723. Tellard v. Shebbeare, 2 Wils. 366. bishoprics, during the vacations of their respective sees; as well as to all benefices which are possessed by any deans, archdeacons, or incumbents, on their being made bishops; and this right extends not only to such as become void after the seisure of the temporalties, but to all such as shall become void after the death of the bishop, though before actual seisure. (1) For as the spiritualties during the vacation of a bishopric belong to the dean and chapter of common right, or to some other ecclesiastical person, by prescription or composition, so the temporalties, come to the king as patronus et protector ecclesiæ. (2) A prerogative presentation is not to be considered as a presentation by an elder title, but as arising out of a prerogative right, collateral to the title. It does not operate to defeat, but to suspend the title, and leaves every thing derived out of the title, or in any manner connected with it, in statu quo. It is not a right of patronage, nor a right of eviction, nor an usurpation, it does (*) 4 Inst. 325. Sir Robert Basset v. Gee, Cro. El. 790. Wentworth v. Wright, Cro. El. 526. Doctor and Student, ch. 36. 216. 218. Woodley v. The Bishop of Exeter, Cro. Jac. 691. Colt and Glover v. The Bishop of Coventry, Hob. R. 140. Tro wer v. Callard, 6 T. R. 439. Of preroga tive present ations. not supply, but suspends or postpones the turn of the patron or patrons; it is a rightful act, and if there are several patrons, it takes away the right of none, leaves the rest entire, but postpones the turn of all, nemini facit injuriam. (1) Where the king has an interest in the presentation, as if he is seised in fee of an advowson, and he creates the incumbent a bishop, then he shall present as patron, that title being precedent to that of his prerogative (2); and regularly, therefore, a presentation by the king ought to show by what title he presents. (3) If a church of the bishop's patronage becomes vacant in the time of the bishop, and the bishop dies, the king shall have the presentment by reason of the temporalties, and not the bishop's executors; or if a bishop collates a prebendary and dies before induction, the king shall present (4); for in the case of a chose in action so peculiar as a right of presentation, the law favours the king more than the bishop's executors, and therefore gives the king, as having in his custody the temporalties of the vacant bishopric (1) Calland V. Trower, 2 Hen. Bl. R. 333. The Grocers' Company v. The Archbishop of Canterbury, Bl. R. 770. 3 Wils. R. 214. (*) The King v. The Bishop of London, Ld. Raym. R. 26. 1 Inst. 388. a. (3) Com. Dig. tit. Esg. H.7. (4) Bro. tit. Present. 10. 13. |