When the incumbent of a living is promoted to a bishopric, it is thereby vacated, and the king, in virtue of his prerogative, has a right to present to it in lieu of the proprietor of the advowson. This singular claim on the part of the crown appears to have grown up since the Reformation, and was the subject of complaint and discussion down to as late a period as the reign of William and Mary. It is difficult to reconcile it to any rational principle, although it has been urged by way of apology, that the patron has no ground to com plain, because the king might, if he pleased, enable the bishop to retain the benefice, notwithstanding his promotion, by the grant of a commendam so that the patron sustains no other injury than what may result from the substitution of one life for another. It is, however, certain that, by successive promotions, the crown waxy, in fact, deprive the patron of his right for an indefinite time, and an in stance is known to have actually occurred wherein the patron of the parish of St.. Andrew in London was prevented, by several such exertions of the royal prero gative, from presenting to his own living more than once in 100 years. (See the arguments in the case of the Vicarage of St. Martin's, reported by Sir B. Shower, vol. i. p. 468.) It was truly observed by the counsel in that case, that the safest coarse to be adopted by an unconscientious patron, with a view to retain in his own hands the future enjoyment of his right, would be to present a clergyman whose qualities are not likely to recommend him to higher preferment.
The following cases may be selected as best illustrating the peculiar nature of this sort of property.
If a man marries a female patron, and a vacancy happens, he may present in the name of himself and wife.
Joint tenants and tenants in common of an advowson must agree in presenting the same person ; and the bishop is not bound to admit on the separate presenta tion of any one. Co-heiresses may also join in presenting a clergyman; and if they cannot agree in their choice, then they shall present in turn, and the eldest shall have the first turn.
When the patron dies during a vacancy, the right to present devolves to his exe cutors, and not to his heir : but where the patron happens also to be the incumbent, his heir, and not his executor, is entith d to present.
Where the patron is a lunatic, the lord chancellor presents in his stead; and he usually exercises his right in favour of some member of the lunatic's family, where it can with propriety be done.
An infant of the tenderest age may present to a living in his patronage, and his hand may be guided in signing the requisite instrument. In such a case the guardian or other person who dictates the choice or directs the pen is the real patron ; but the Court of Chancery would doubtless interfere to prevent any undue practice. (Burn's Eccles. Law, tit. Ad Benefice, .Donative ; Selden's History of 7Ythes ; Gibson's Codex, vol.
; and BENEFICE, under which head there is a table of the value of livings, and the distribution of ecclesiastical pa tronage.)