Lassell's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 921
King's Bench Division
shall never have a lapse, for every one will usurp upon the Kings [90] lapse, and will presently resign or misdemesn himself whereby to avoid the lapse. And in the 18 Ed. 4. the 19. By Pigot. A writ brought against a prior shall not abate, although the prior be not deposed, for it is his own fault. Fenner. This lapse is given the King by his prerogative, but on this condition, that he take it in due time : for so is the nature of things lapsed, for if after a title accrued to the King he suffer usurpation, and the incumbent die, his lapse is lost, for the nature of the lapse is such that it must be taken at its time, and where the title of the King is limited to a time, there he shall not have his prerogative : for a prerogative cannot alter estates. As if the King grant a seigniory in gross rendring rent, and the tenant to the lord dies without heir, whereby the tenancy escbeutes, the seigniory is extinct, and the rent of the King is gone, as well as it is in the case of a common person. And so if the King have a rent seek for life out of my land, if I die he cannot distreine in my land for the arrerages as he may in my life time. And so where the statute gives annum diem & vastuin to the King, yet he shall not have it after the death of the tenant for life, so if the King reserve a rent upon a lease to an estranger, and the stranger enters, in respect of the land, whereby his entire rent is suspended, now the condition as to the King also is suspended during that time, for the nature thereof is to be attendant upon the rent 22 H. 3. If a man grant a rent upon condition to cease during the minority of his heir, and after this rent comes to the King, and the grantee dies, the rent shall cease during the minority of his heir: so that by all these cases the reason appears that the nature of the lapse is to he taken hac vice, and the King must take it then, or not at all: and where it is objected that by this means every lapse may be taken from the King : I conceive that far greater inconvenience will be to the patrons on the other side : for when a lapse is devolved to the King, and a stranger presents, if then the true patron may not present untill the death of such incumbent...
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