Abridgment of Ecclesiastical Laws, Treatise · Chapter 3

Abridgment of Ecclesiastical Laws · Treatise · Chapter 3

p. 22CHAP. III.

Of Biſhops and Ordinaries.

1. Biſhop, Why ſo called; Not above One to be in one Dioceſs.

2. Why called Ordinary; and what the Pallium Epiſcopale is.

3. Biſhopricks originally Donative; Kings of England the Founders thereof.

4. The manner of Election of Biſhops; their Confirmation and Conſecration.

5. Their Seals of Office; in what caſes they may uſe their own Seals.

6. What follows upon Election, to make them Biſhops compleat; the grant of their Temporalties.

7. The Conge d'eſlire, and what follows thereupon.

8. Biſhopricks were Donative, till the time of King John.

9. What the Intereſt and Authority is, in his ſeveral capacities.

10. Epiſcopal Authority derived from the Crown.

11. The Ʋſe and Office of Suffragan Biſhops.

12. Whether a Biſhop may give Inſtitution out of his own proper Dioceſs, and under other Seal than his own Seal of Office.

13. Several things incident to a Biſhop qua talis.

14. Ordinary, what properly he is, and why ſo called.

15. In what caſes the Ordinaries Juriſdiction is not meerly Local.

16. The Ordinaries power de jure Patronatûs.

17. Whether the Ordinary may cite a man out of his own Dioceſs; Alſo his Right ad Synodalia.

18. The Ordinaries power of Viſitation.

19. The Dignity, and true Precedency of the Biſhops in England.

20. Temporal Juriſdiction anciently exerciſed by Biſhops in this Realm; the Statute of 17 Car. 1. againſt it, Repealed; and they Reſtored to it by the Stat. of 13 Car. 2. as formerly.

21. The Act made in the Reign of Ed. 6. concerning the Election of Biſhops; the Endeavours thereby to take away Epiſcopal Juriſdiction; the Nomination of all Biſhops was Anciently Sole in the King.

22. The Biſhops of London are Deans of the Epiſcopal Colledge.

23. A Caſe at Common Law,Biſhop, ſuppoſed from the Saxon word, Biceop, and that from the Greek foreign, Speculator vel Superintendens. touching a Leaſe made by one Biſhop during the life of another of the ſame Dioceſs in Ireland.

(1.) BISHOP, Epiſcopus, from foreign, ſupra, and foreign, intendere, an Overſeer or Superintendent, ſo called from that watchfulneſs, care, charge, and faithfulneſs, which by his Place and Dignity he hath and oweth to the Church; A word p. 23which all Antiquity hath appropriated to ſignifie the Chief in Superintendency over the whole Church within his Dioceſs, wherein are divers inferiour Paſtors. This Overſight or Care the Hebrews call Pekudah aaNumb. 3. 32.Num 3:32. Of this Office or Eccleſiaſtical Dignity there can be but one at a time in one and the ſame Dioceſs; whence it is that Cornelius Biſhop of Rome (as Euſebius relates) upbraided Novatius for his ignorance in that pointbbEuſ…b. l 1. Hiſt. Eccl., when he could not but know there were no leſs than 46 Presbyters in that Church; Oecumenius and St. Chryſoſtome affirming alſo, as many at Philippi; For in this reſtrained ſenſe, as the word [Biſhop] is now taken, it cannot be imagined that there ſhould be more than one in one City or Dioceſs at the ſame time; conſonant whereunto the Synod of Nice prohibited Two or more Biſhops to have their Seats at once in the ſame City. This Novatius aforeſaid was a Prieſt of Rome 254 years after Chriſt; he abhorred Second Marriages, and was condemned as an Heretick in a Synod at Rome the ſame yearccEuſeb. ib. cap. 42. Every Biſhop, many Centuries after Chriſt, was univerſal Incumbent of his Dioceſs, received all the Profits, which were but Offerings of Devotion, out of which he paid the Salaries of ſuch as Officiated under him…, as Deacons and Curates in places appointedddSeld. Hiſt, T…bes, c. 6. p. 3. fo. 80. b. &c. 9. p. 2. fo. …53..

(2.) Under this Name or Appellation of Biſhops are contained, Biſhops, Primates, Metropolitans, Patriarchs, and Summus Pontifex. Diſt. 21. c. 1. And the Presbyters alſo, C. Legimus, §. 1. Diſt. 93. Spec. de Inſtr. Edit. Sect. 14. verſ. de Epiſcopo, and for ſuch commonly uſed and taken in the New TeſtamenteePhil. 1. 1. Acts 1. 21.Phil 1:1Acts 1:21: l. 14. c. de Epiſc. & Cler. In ſome Acts of Parliament we find the Biſhop to be called Ordinary ffWeſtm. 2. c. 19. 31 E. 3. c. 11. 22 H. 8. 5. Co. Lit. fo. 344.; and ſo taken at the Common Law, as having Ordinary Juriſdiction in Cauſes Eccleſiaſtical; albeit in the Civil Law, whence that word [Ordinarius] is taken, it ſignifies any Judge authorized to take Cognizance of Cauſes proprio ſuo jure, as he is a Magiſtrate, and not by way of Deputation or DelegationggVid. Br…. tit. Ordinarius.. The word [Ordinary] doth chiefly take place in a Biſhop, and other Superiours, who alone are Univerſal in their Juriſdictions; yet under this word are comprized alſo other Ordinaries, viz. ſuch as to whom Ordinary Juriſdiction doth of right belong, whether by Priviledge or by Cuſtome. Lindw. de Conſtit. c. Exterior. ver. Ordinarii. The Pallium Epiſcopale, or Biſhops Pall, mentioned (as Sr. Ed. Coke obſerves) in ſome Statutes, and many Records and Hiſtories, is a Hood of white Wool, to be worn as Doctors Hoods upon the Shouldiers, with Four Croſſes woven into it, &c. for the Form and Colours whereof vid. Antiq. Brit. Eccleſ. fo. 1. This Pallium Epiſcopale is the Arms belonging to the See of Canterbury hhCo. Inſt. p. 4. c. 74. vid. 20 H. 8. c. 20.: vid. Caſſan. de glo. mun. p. 4. fo. 103. a. 26. Conſid. ubi multa Legas de Pallio. Henry Dean, the 65th Archbiſhop of Canterbury, An. 1502. had Pallium Archiepiſcopatus p. 24Inſigne ſent him from Pope Alexander 6. by his Secretary Adrian; which by the Biſhop of Lichfield and Coventry, Authorized thereto by the Pope, was preſented him at Lambeth in theſe words, viz. Ad honorem Dei Omnipotentis, &c. Tibi tradimus Pallium de Corpore beati Petri ſumptum, plenitudinem videlicet Pontificalis Officii, &c. kkAnt. Brit. A…gl. fo. 302. nu. 30., whereupon he ſwore Canonical obedience to the Apoſtolical See of Rome.

(3.) The Kings of England were Anciently the Founders of all the Archbiſhopricks and Biſhopricks in this RealmllCo. p. 5. Cawd…y's Caſe St. 1 Jac c. 3. 17 Ed. 3. 40. By delivery of a Ring, with a Croſier or Pastoral Staff. Roll Abr. ver. Preſentment, Advowſon 342.Jas 3:17; and alſo in Wales, the Biſhops thereof were Originally of the Foundation of the Princes of Wales. Biſhops in England originally were Donative per traditionem Baculi Paſtoralis & Annuli, until King John by his Charter granted, that they ſhould be Eligible. Chart. 25. Jan. An. Reg. 17. De Commu…i Conſenſu Baronum; after which came in the Congé d'Eſlire. And at this day the Biſhopricks in Ireland are Donative: Rolls 342. The Patronage of all Biſhopricks is in the King, ſo as that he gives leave to the Chapters to chuſe themmm17 E. 3. 40. b.. In Ancient times the King gave the Biſhopricks, and then afterwards gave leave to the Chapters to chuſe them, as aforeſaidnnIbid.. The learned Serjeant Roll, in that part of his Abridgment touching this Subject, makes mention of 1 E. 1. Rot. Clauſo Memb. 11. in dorſo, where there is this Proteſtation made by the King, Cum Eccleſia Cathedralis viduatur, & de jure debeat, & ſoleat de Conſuetudine provideri per Electionem Canonicam ab ejuſmodi potiſſimum Celebrandam Collegiis, Capitulis, & perſonis, ad quos jus pertinet, petita tamen prius ab Illuſtri Rege Angliae ſuper hoc Licentia & obtenta; & demum Celebrata Electione, perſona Electa eidem Regi habeat Praeſentari, ut idem Rex contra perſonam ipſam poſſit proponere, ſi quid rationabile habeat contra eum. And the Proteſtation goes further, That in caſe the Pope makes Proviſion without ſuch Canonical Election, the King ſhall not be obliged to give him his Temporalties; yet of grace for the time preſent he give the Temporalties to the Abbot Elect of Canterbury ooVid. Similiter 11 E. 1. Rot. Finium. M. 5. for the Abbot of St. Auguſtine of Canterbury, &c. See it there at large.. Thus the Election of Biſhops by Deans and Chapters began by the grant of the King; but the Grant was to Elect after Licenſe firſt had and obtained, as appears by the Stat. of 25 Ed. 3. Stat. de Proviſoribus. Raſtal. 325 d. And King John was the firſt that granted it by his Charter, dated 15 Jan. An. 16.ppMatth. Par. Hiſt. Mag. 253. Da. 1. Dean and Charter, Fernes, 46. & Praemuni e 90.. William Rufus K. after the Archbiſhop of Canterbury's death, kept the See without an Archbiſhop for the ſpace of four years, and then aſſum'd divers other Eccleſiaſtical Promotions into his own hands that were then vacant, putting to Sale divers Rights and Revenues of the ChurchqqSpeed 428. b.. But King H. 1. made a Law againſt Reſervations of Eccleſiaſtical Poſſeſſions upon VacanciesrrIdem 453.. In the time of Edward the Confeſſor the Prelates uſed to receive Inveſtitute from the p. 25King by giving them the Paſtoral Staff and a RingssMatth. Pariſ:.; And ſo it was uſed in the time of H. 1. but Suffragans were inveſted only by the Ring, without the Staff, for that they are not Biſhops ſo fully and compleatly as the otherttDr. Field 148..

(4.) To the Creation of Biſhops are requiſite, Election, Confirmation, Conſecration, and Inveſtiture. Upon the vavancy of a See the King grants his Licenſe under his Great Seal to the Dean and Chapter of ſuch vacant Cathedral to proceed to an Election of ſuch a perſon as by his Letters Miſſive, he ſhall nominate and appoint to ſucceed in ſuch vacant Archbiſhoprick or Biſhoprick; which Election muſt be within twenty days next after their receiving ſuch Licenſe or Letters Miſſive; upon failure whereof they run the danger of a Praemunire vvVid. St. 25 H. 8. 20. Sec. 3. Raſtall. vid. Co. par. 12. Rep. 59. 2….Or if above twelve days after their receipt thereof the Election be deferr'd, the King may by his Letters Patent nominate or preſent to ſuch vacant Biſhoprick, to the Archbiſhop or Metropolitan of that Province wherein ſuch See is void; or unto one Archbiſhop and two other Biſhops, or to four ſuch Biſhops as his Majeſty ſhall think fit, in caſe upon ſuch Nomination or Preſentment by the King, the default of Election by: the Dean and Chapter be to the Office and Dignity of a Biſhop: Otherwiſe, if they Elect according to his Majeſties pleaſure in his Letters Miſſive, the Election is good; and upon their Certificate thereof unto his Majeſty under their Common Seal, the perſon ſo Elected is reputed and called Lord Biſhop Elect; yet is he not thereby compleat Biſhop to all intents and purpoſes, for as yet he hath not Poteſtationem Juriſdictionis neque Ordinis, nor can have the ſame untill his Confirmation and ConſecrationwwMich. 22 Jac. Latch. Rep. 246.; for which Reaſon it is, that if (after ſuch Election and before Conſecration) a Writ of Right be brought in the Court of a Mannor belonging to ſuch Biſhoprick; it is not directed Epiſcopo, but Ballivis of the Biſhop Elect. The order of making a Biſhop conſiſts chiefly in theſe Eight things, viz. 1. Nomination, 2. Congé d'Eſlire, 3. Election, 4. Royal Aſſent, 5. Confirmation, 6. Creation, 7. Conſecration, 8. Inſtallation. Vid. Grendon's Caſe in Plowd. & Trin. 17 Jac. B. R. Sobrean & Teige verſ. Kevan, Roll. Rep. par. 2.xxF. N. B. ….. The Creation of a Biſhop is in this Solemn manner, viz. The Biſhops See being vacant, the Dean and Chapter of that Cathedral gives notice thereof to the King, humbly requeſting his Majeſty's leave to chuſe another; the King grants his Congé d'Eſlire: Thereupon the Dean ſummons a Chapter; they elect the perſon recommended by his Majeſties Letters; that Election (after a firſt or ſecond modeſt refuſal) being accepted by the party elected, is certified to the King, and to the Archbiſhop of that Province; hereupon the King grants his Royal Aſſent under his Great Seal, exhibited to the ſaid Archbiſhop, with Command to p. 26Confirm and Conſecrate him; upon this the Archbiſhop ſubſcribes his Fiat Confirmatio, withal giving Commiſſion under his Archiepiſcopal Seal to his Vicar-General, to perform all the Acts requiſite for perfecting his Confirmation. Hereupon the Vicar-General in the Archbiſhops name iſſues a Citation, ſummoning all Oppoſe…s of the ſaid Election to make their appearance at a certain time and place, then and there to offer their Objections, if they have any: This done by an Officer of the High-Court of Arches (uſually at Bow-Church, London) by Proclamation thrice, and affixing the ſaid Citation on that Church-door, an Authentick Certificate thereof is by the ſaid Officer returned to the ſaid Archbiſhop and Vicar-General. At the time and place aforeſaid the Proctor for the ſaid Dean and Chapter exhibits the Royal Aſſent, and the Commiſſion of the Archbiſhop, to the Vicar-General, who after the reading thereof accepts the ſame; Then the Proctor exhibits the Proxy from the Dean and Chapter, preſents the elected Biſhop, returns the Citation, and deſires that the Oppoſers may be thrice publickly called; which done, and their Contumacy accuſed, deſires that in poenam Contumaciae the buſineſs in hand may proceed, which the Vicar-General: in a Schedule by him read and ſubſcribed doth order. Then the Proctor gives a Summary Petition, therein deducing the whole Proceſs of Election and Conſent, and deſires a time may be aſſign'd him to prove it, which the Vicar-General admits and decrees. After this, the Proctor exhibits the Royal Aſſent again, with the elected Biſhops Aſſent▪ and the ſaid Certificate to the Archbiſhop, deſiring a time to be preſently aſſigned for Final Sentence, which the Vicar-General decrees. Then the Proctor deſires, that all Oppoſers may again be thrice publickly called; which done, and none appearing nor oppoſing, they are pronounced Contumacious, and a Decree made to proceed to Sentence, by a Schedule read and ſubſcribed by the Vicar-General. Whereupon the Biſhop elect takes the Oaths of Supremacy, Simony, and Canonical Obedience. After this, the Dean of the Arches reads and ſubſcribes the Sentence. Next after the Confirmation, follows the Conſecration of the elected Biſhop, according to the Kings Mandate, which is ſolemnly done by the Archbiſhop, with the aſſiſtance of two other Biſhops, according to the approved Rights and Ceremonies of the Church of England, and in conformity to the manner and Form of Conſecrating Biſhops, according to the Rule laid down in the Fourth Council of Carthage; about the year 470, generally received in all the Provinces of the Weſtern Church. After the Premiſes, there iſſues a Mandate from the Archbiſhop to the Archdeacon of his Province, to inſtall the Biſhop Elected, Confirmed, and Conſecrated; who (or his Proxy, which is uſual) being in preſence p. 27of a Publick Notary introduced into the Cathedral Church on any day▪ between the hours of 9 and 11, by the ſaid Archdeacon, doth firſt declare his aſſent to the Kings Supremacy, &c. Then the Archdeacon, with the Canons, &c. having accompanied the Biſhop to the Quire, and placed him in the Epiſcopal Seat, doth pronounce as followeth, viz. Ego authoritate mihi Commiſſa Induco & Inthro…izo Reverendum in Chriſto Patrem, Dominum J. S. Epiſcopum; Et Dominus cuſtodiat ſuum introitum & exitum ex hoc, nunc & in ſaeculum, &c. Then after the Divine Service proper for the occaſion, the Biſhop being conducted into the Chapter-houſe, and there placed on a high Seat, the Archdeacon and all the Prebends, &c. of the Church acknowledge Canonical Obedience to him. And the Publick Notary, by the Archdeacons command, records the whole matter of Fact in this Affair, in an Inſtrument to remain as Authentick to Poſterity. After all which, the Biſhop is introduced into the Kings preſence to do his Homage for his Temporalties or Barony, by kneeling down, and putting his hands between the hands of the King, ſitting in his Chair of State, and by taking a ſolemn Oath, to be true and faithful to his Majeſty, and that he holds his Temporalties of Him. When Matth. Parker in the ſecond year of Queen Eliz. 1559. elected to the Archbiſhoprick of Canterbury, had his Confirmation in the Court of Arches, according to the uſual form in that behalf. This being performed, an entertainment for the Vicar General, the Dean of the Arches, and other Officers of that Court (whoſe preſence was requiſite at this Solemnity) was provided at the Nag…head Tavern in Cheapſide, Lond. whereby occaſion was taken by the Roman Adverſaries maliciouſly to report, That the Nagshead Tavern was the place of Conſecration: Heyl. The form or manner of making a Biſhop, and of tranſlating him from one Biſhoprick to another, differs only in this, that in the latter there needs no Conſecration. And the tranſlation of a Biſhop to an Archbiſhoprick, differs only in the Commiſſion, which is directed by his Majeſty to four or more Biſhops to Confirm him.

(5.) Each Archbiſhop, every Biſhop, and their Officials have their Seals of Office reſpectively, which being affixed to a writing, makes the Inſtrument Authentick, whereby the uſe and practice of Tabellions or Publick Notaries (as in Forreign parts) is with us much abated. For that of a Tabellion allowed by Authority to Engroſs and Regiſter private Contracts and Obligations, his Office in ſome Countries did formerly differ from that of a publick Notary, but now they are as one and the ſame Office; Quoniam Tabellionum uſus in Regno Angliae, proper quod magis ad Sigilla Authentica credi eſt neceſſe, ut …orum facilius habeatur, Statuimus ut Sigillum habeant non ſolum Archiepiſcopi & Epiſcopi, ſed eorum Officiales yyMatt. Pari…. fo. 454. de An. 1236.. p. 28And all Biſhops, Ordinaries, Archdcacons, and all others exerciſing any Eccleſiaſtical Juriſdiction, ought to have the Kings Arms engraven on their Seal of Office; but the Archbiſhop of Canterbury may uſe his own SealzzStat. 1 Ed. 6. 2.. And all Proceſs Eccleſiaſtical, and Certificates into any Court of Record, are to be in the Kings name, Teſte the BiſhopaaIbid.. But as to the making, admitting, ordering, and reforming of Chancellors, Commiſſaries, Officials, Advocates, Proctors, and other Officers, Miniſters and Subſtitutes: This the Biſhops may do in their own Names, and under their own SealsbbIbid..

(6.) If one be Elected, and the Temporalties granted to him, yet he is not Biſhop before Conſecration. 41 E. 3. 6. 46 E. 3. 32. Quaere, For he may refuſe to be Biſhop after Election, and before Conſecration, but not after. 41 E. 3. 5. b. When upon vacancy of a Biſhoprick the Dean and Chapter, by virtue of his Majeſties Licenſe, under the Great Seal of England, hath proceeded to the Election of a new Biſhop in purſuance of, and according to his Majeſties Letters Miſſive on that behalf, and Certificate thereof made unto the Kings Majeſty under their Common Seal, then follows the Confirmation, Conſecration and Inveſtiture, by the Archbiſhop or Metropolitan of that Province, wherein ſuch Biſhoprick was void, the ſaid Election having (upon ſuch elected Biſhops Oath of Fealty to the Kings Majeſty) been firſt ſignified to the Archbiſhop by the King,Biſhops have Precedency of all Temporal Barons under Vicounts. under his Great Seal, whereby the ſaid Archbiſhop is required to Confirm the ſaid Election, and to Conſecrate and Inveſt the perſon Elected; And now he is compleat Biſhop, as well unto Temporalties as Spiritualties; yet after his Confirmation and before his Conſecration, the King may (if he pleaſe) ex gratia grant him the Temporaltiescc41 Ed. 3. 6. 46 Ed. 3. 22.. But after his Conſecration, Inveſtiture, and Inſtalment, he is qualified to ſue for his Temporalties out of the Kings hands by the Writ de Reſtitutione Temporalium ddF. N. B. acc.. And yet it ſeems the Temporalties are not de jure to be delivered to him, until the Metropolitan hath certified the time of his Conſecration, although the Freehold thereof be in him by his very Conſecration ee38 E. 3. 30. Parſ. Law, cap. 1.. But if during the Vacation of Archbiſhopricks, or Biſhopricks, and while their Temporalties are in the Kings hands, the Freehold-Tenants of Archbiſhops or Biſhops happen to be attainted of Felony, the King by his Prerogative hath the Eſcheats of ſuch Freeholders-Lands, to diſpoſe thereof at his pleaſure, ſaving to ſuch Prelates the Service that is thereto due and accuſtomedffSt. 17 Ed. 2. 14.. Before the Conqueſt the Principality of Wales was held of the King of England, and by the Rebellion and forfeiture of the Prince, the Principality came to the King of England, whereby the Biſhopricks were annexed to the Crown, and the King grants them their Temporalties. 10 H. 4. 6.

p. 29(7.) The manner of making a Biſhop is fully deſcribed in Evans and Kiffin's Caſe againſt Askwith, wherein it was agreed, That when a Biſhop dies, or is Tranſlated, the Dean and Chapter certifie the King thereof in Chancery, and pray leave of the King to make Election; Then the King gives his Congé d'Eſ…ire, whereupon they make their Election, and firſt certifie the ſame to the party Elect, and have his conſent; Then they certifie it to the King in Chance…y, alſo they certifie it to the Archbiſhop; and then the King by his Letters Patents gives his Royal Aſſent, and commands the Archbiſhop to Confirm and Conſecrate him, and to do all other things neceſſary thereunto; whereupon the Archbiſhop examines the Election, and the Ability of the party, and thereupon confirms the Election, and after Conſecrates him according to the uſage upon a New Creation: And upon a Tranſlation all the ſaid Ceremonies are obſerved, ſaving the Conſecration, which is not in that caſe requiſite, for that he was Conſecrated before.

(8.) Biſhopricks were Donatives by the King, till the time of W. Rufus, and ſo until the time of King John. Read for that the Hiſtory of Eadmerus. Vid. Caſe Evans verſ. Aſcouth, in …in. Ca…. Noy's Rep. It hath been generally held, That before the Conqueſt and after, till the time of King John, Biſhops were Inveſted by the King per Baculum & Annulum; but King John by his Charter granted, That there ſhould be a Canonical Election with Three Reſtrictions: (1.) That leave be firſt asked of the King. (2.) His Aſſent afterwards. (3.) That he ſhall have the Temporalties during the Vacation of the Biſhoprick; whereof mention is made in the Stat. of 25 Ed. 3. de Proviſoribus, and which is confirmed by the Stat. of 13 R. 2. c. 2.ggCaſe of the Dean and Chapter of Norwich. Co. Rep. par. 3.. Alſo the Law in general is poſitive therein, That in the making of all Biſhops, it ſhall be by Election and the Kings Aſſent; and by the 25 H. 8. the Statute for Conſecration of Biſhops, makes it more certain: And if the Pope after the ſaid Charter did uſe to make any Tranſlation upon a Poſtulation without Election and Aſſent of the King, it was but an Uſurpation, and contrary to the Law, and reſtrained by 16 R. 2. and 9 H. 4. 8. And after the 25 H. 8. it was never uſed to have a Biſhop by Poſtulation or any Tranſlation of him, but by Election, as the ſaid Statute preſcribes; And the form of making a Biſhop at this day, is after the ſame manner as aforeſaid, and according to the ſaid Statute.

(9.) The Intereſt and Authority which a Biſhop Elect hath, is, That he is Epiſcopus Nominis, non Ordinis, neque Juriſdictionis; But by his Confirmation he hath Poteſtatem Juriſdictionis, as to Excommunicate and Certifie the ſame, 8 Rep. 89. And then the power of the Guardian of the Spiritualties doth ceaſehhDyer 350.. But p. 30after Election and Confirmation he hath Poteſtatem. Ordinationis, for then he may Conſecrate, confer Orders, &c. For a Biſhop hath Three Powers, (1.) Ordinis, which he hath by Conſecration, whereby he may take the Reſignation of a Church, confer Orders, conſecrate Churches; And this doth not appertain to him quatenus, Biſhop of this or that place, but is univerſal over the whole World: So the Archbiſhop of Spalato, when he was here, conferr'd Orders. (2.) Juriſdictionis, which is not Univerſal, but limited to a place, and confin'd to his See; This power he hath upon his Confirmation. (3.) Adminiſtratio rei familiaris, as the Government of his Revenue; and this alſo he hath upon his ConfirmationiiEvans and Aſcough's, Caſe, Luch. Rep.. The Biſhop acts either by his Epiſcopal Order or by his Epiſcopal Juriſdiction; By the former he Ordains Deacons and Prieſts, Dedicates or Conſecrates Churches, Chappels and Churchyards, adminiſters Confirmation, &c. By the latter he acts as an Eccleſiaſtical Judge in matters Spiritual, by his Power either Ordinary or Delegated.

(10.) An. 1430. Temp. Reg. H. 6. Hen. Chicheley Archiepiſc. Cant. in Synodo Conſtitutum eſt, Ne quis Juriſdictionem Eccleſiaſticam exerceret, niſi Juris Civilis aut Canonici gradum aliquem ab Oxoni…nſi vel Cantabrigienſi Academia accepiſſet. Ant. Brit. fo. 284. nu. 40. The power of the Biſhop and Archbiſhop is derived from the Crown, as was held in Walkers Caſe againſt Lamb; where it was alſo held, That the Grant of a Commiſſary or Official to one was good, notwithſtanding he were a Lay man, and not a Doctor of Law, but only a Batchelour of Law; for the Court then ſaid, That the Juriſdiction of the Biſhop and Archdeacon is derived from the Crown by uſage and preſcription; and that in it ſelf, as it is coercive to puniſh Crimes, or to determine Matrimonial Cauſes and Probate of Teſtaments, and granting of Adminiſtrations, being Civil Cauſes are derived from the Crown, and not incident de mero jure to the Biſhop, which appears by Henſlows Caſe, par. 9. Cawdry's Caſe, par. 5. 1 Ed. 6. c. 2. the Stat. of 37 H. 8. and divers other Authorities, and the Statute of 37 H. 8. c. 17. is to that purpoſekkTrin. 8. Car. B. R. Caſe Walker verſ. Lambe, Jones Rep..

(11.) In former times many Biſhops had their Suffragans, who were alſo Conſecrated, as other Biſhops were; Theſe (in the abſence of the Biſhops upon Embaſſies, or in multiplicity of buſineſs) did ſupply their places in matter of Orders, but not in Juriſdiction llAntiq. B…i…. fo. 22.. Theſe were chiefly for the eaſe of the Biſhops in the multiplicity of their Affairs, ordained in the Primitive times, called Chorepiſcopi, Suffragan, or Subſidiary Biſhops, or Biſhops Suffragans, and were Titular Biſhops, Conſecrated by the Archbiſhop of the Province; and to execute ſuch Power and Authority, and receive ſuch profits as were limited in their Commiſſions by the Biſhops or Diocoſans, whoſe Suffragans they were. What Towns or Places p. 31to be the Sees of Biſhops Suffragans, and how many to a Dioceſs, and in what Dioceſſes, appears by an Act of Parliament made in the Reign of King H. 8. Such Suffragan Biſhops are made in caſe the Archbiſhop, or ſome other Biſhop deſire the ſame; In which caſe, the Biſhop preſents Two able perſons for any place allowed by the ſaid Act of Parliament, whereof his Majeſty doth chuſe one; but at preſent there are no Suffragan Biſhops in England. They were no other than the Chorepiſcopi of the Primitive Times, Subſidiary Biſhops, ordained for eaſing the Dioceſan of ſome part of his burthen, as aforeſaid:Heyl. Hiſt. Eccleſ. pag. 294. by means whereof they were enabled to perform ſuch Offices belonging to that Sacred Function, not limited to time and place by the ancient Canons, by which a Biſhop was reſtrained in ſome certain Acts of Juriſdiction to his proper Dioceſs. Of theſe there were twenty ſix in the Realm of England, diſtinguiſhed by the Names of ſuch Principal Towns as were appointed for their Title and Denomination. The Names and Number whereof, together with the Juriſdiction and preheminences proportioned to them, the Reader may peruſe in the Act of Parliament made An. 26 H. 8.

(12.) According to the Temporal Laws of this Land, if a Biſhop grant Letters of Inſtitution under any other Seal than his Seal of Office, and albeit it be out of his Dioceſs, yet it is good; For in Cort's Caſe againſt the Biſhop of St. Davids and others, where the Plaintiff offered in evidence Letters of Inſtitution, which appeared to be ſealed with the Seal of the Biſhop of London, becauſe the Biſhop of St. Davids had not his Seal of Office there, and which Letters were made alſo out of the Dioceſs; It was held, That they were good enough, albeit they were ſealed with another Seal, and made out of the Dioceſs; for that the Seal is not material, it being an Act made of the Inſtitution: And the writing and ſealing is but a Teſtimonial thereof, which may be under any Seal, or in any place. But of that point they would adviſemmHill. 8 Car. B. R. Rot. 454 Co…t verſ. Biſhop of St. Davids, & alios, Cro. Rep..

(13.) A Biſhop, if he celebrate Divine Service in any Church of his Dioceſs, may require the Offerings of that daynnLinw. de jure presbyt. verb. Oblatioris.. He may ſequeſter, if the King preſent not; and 12 H. 8. 8. by Pollard, he muſt ſee the Cure ſerved, if the perſon fail, at his own CoſtsooColt & Glover verſ. Bp. of Coventry & L…chfield. Hob. Rep.. He may commit Adminiſtration, where Executors being called, refuſe to prove the Willpp4 H. 7. 13. 10 H. 7. 18. 7 E. 4. 12. L…tt. ad Colleg.. He hath power of diſtribution and diſpoſing of Seats, and charges of Repairs of the Churches within his DioceſsqqCaſe B…o…hly verſ. Baily. Hob. Rep.. He may award his Jure Patronatus where a Church is Litigious between an Uſurper and the other; but if he will chuſe the Clerk of either at his peril, he ought at his peril to receive him that hath Right by the StatuterrLord Stanhop's Caſe verſ. Biſhop of Lincoln. & al.. He may Licenſe Phyſicians, Chirurgions, Schoolmaſters, and Midwives**W. 2 cap. 5.. He may Collate by Lapſe. He may take competent time to examine the ſufficiency p. 32and fitneſs of a Clerk. He may give convenient time to perſons intereſted to take notice of Avoidances. He is diſcharged againſt the true Patron, and quit of Diſturbance, to whom it cannot be imputed, if he receive that Clerk, that is in purſuance of a Verdict after Inqueſt in a Jure Patronatus ssSr. W. Elvis verſ. Archbiſhop of York and others. H…b. Rep.. He may have Six Chaplains, and every Archbiſhop may have Eight ChaplainsttStat. 21 H. 8. c. 13.. He may unite and conſolidate ſmall Pariſhes; and aſſiſt the Civil Magiſtrate in execution of ſome Statutes concerning Eccleſiaſtical Affairs. And by the Statute of 1 Eliz. cap. 2. any Biſhop may at his pleaſure joyn and aſſociate himſelf to the Juſtices of Oyer and Terminer, or to the Juſtices of Aſſize at the open and general Seſſions to be holden at any place within his Dioceſs, in Cauſes of the Church. And the Statute made 17 Car. 1. c. 27. for the diſinabling of perſons in Holy Orders to exerciſe Temporal Juriſdiction or Authority, is Repealed by the Statute of 13 Car. 2. cap. 2. whereby they are now enabled to exerciſe ſuch Temporal Juriſdiction as formerly; and is commonly ſtyled the Ordinary of that Dioceſs, where he doth exerciſe his Epiſcopal Authority and Juriſdiction. In Parliament, Biſhops, as Barons, may be preſent and Vote at the Trial and Arraignment of a Peer; only before Sentence of death, or loſs of Member, be pronounced, (that they may have no hand in blood in any kind) they have by Canon Law the Priviledge and Injunction to abſent themſelves; and by Common Law, to make Proxies to vote for them.

(14.) ORDINARY, according to the acceptation of the Common Law with us, is uſually taken for him that hath Ordinary Juriſdiction in Cauſes EccleſiaſticaluuVid. Broc. hoc tit., immediate to the King. He is in Common underſtanding the Biſhop of the Dioceſs, who is the Superviſor, and for the moſt part Viſitor of all his Churches within his Dioceſs, and hath Ordinary Juriſdiction in all the Cauſes aforeſaid for the doing of Juſtice within his Dioceſs in jure proprio & non per deputationem, and therefore it is his care to ſee that the Church be provided of an able Curate, Habet enim Curam Curarum, and may execute the Laws of the Church by Eccleſiaſtical Cenſures, and to him alone are made all Preſentations to Churches vacant within his Dioceſs. Ordinarius habet locum principaliter in Epiſcopo, & aliis Superioribus, qui ſoli ſunt Ʋniverſales in ſuis Juriſdictionibus, ſed ſunt ſub eo alii Ordinarii, hi videlicet, quibus Competit Juriſdictio Ordinaria de jure, privilegio, vel conſuetudine. Lindw. cap. Exterior. tit. de Conſtitutionib.

(15.) The Juriſdiction of the Ordinary or Biſhop, as to the Examination of the Clerk, or as to the Admiſſion or Inſtitution of him into a Benefice, is not Local; but it follows the perſon of the Ordinary or Biſhop whereſoever he is: And therefore if a Clerk p. 33be preſented to the Biſhop of Norwich, to a Church which is void within the Dioceſs of Norwich, who is then in London; or if it be to a Biſhop of Ireland, who is then in England, and in London; the Ordinary may examine the Clerk, or give him Admiſſion or Inſtitution in London: And ſo it was adjudgedcc27 Eliz. C B. in Carter & Crofts Caſe. Leon. 33. & Paſch. 21 Jac. C. B. in Kn…lly's and Dobbin… Caſe. 342. Leon..

(16.) The Ordinary is not obliged upon a Vacancy to receive the Clerk of him that comes firſt; for as he may take competent time to examine the ſufficiency and fitneſs of a Clerk: ſo may he give convenient time to perſons intereſſed, to take knowledge of the Avoidance, even in caſe of Death, and where notice is to be taken, not given, to preſent their Clerks to it. And perhaps, if he do receive the Clerk of him that comes firſt, yet he may quit himſelf of Diſturbance, becauſe he doth nothing therein but as Ordinary in Law. But if two or more Preſent, ſo that the Title is become Litigious, then and in ſuch caſe he cannot receive the Clerk of any▪ of his own pleaſure, except the Title be certain, but hath his way of ſafety by Jure Patronatus; and when he hath uſed the Jure Patronatus, and that finds for one party, yet he may ſtill receive a contrary Clerk if he will, for who can lett him? but that muſt be at his own peril, and that is at a double peril, (1.) That the Title be the better: (2.) That the Patron, whoſe Clerk he hath received, will plead and defend that Title; for otherwiſe he cannot do it. But though after Inqueſt, in Jure Patronatus, the Ordinary may accept the contrary Clerk, yet it is againſt Juſtice and the intent of the Law; For ſince it is a Proviſion meerly for the good and ſafety of the Ordinary, and he pretends Doubt, and therefore puts the Patron to this enquiry to his charge and delay to ſatisfie and ſecure him, he ought to judge and receive the Clerk according to that Verdict. And that is the true meaning of the Books that ſay, that the Ordinary is to judge of the better Title, that is, not to prejudge of his own Will, but ſecundum allegata & probata, upon Verdict of the Right given, and found according to the form of Law, to give Inſtitution which is his Judgment, and the Induction his Execution. And though it is but an Inqueſt of Office, and therefore binds not; True it is, it binds not but with a diſtinction, that is, it binds not the Patron in his Quare Impedit, but is Final, even to the true Patron, that he cannot impute diſturbance to the Ordinary, following that Verdict, and therefore it ought to bind him to follow it. For to theſe purpoſes it is a full Verdict, never to be tried again. And if but one Preſent, if the Ordinary make doubt of his Title, as in many caſes he juſtly may, being a ſtranger to it, he may require ſatisfaction by Jure Patronatus ddPaſch. 17 Jac. Rot. 877. Sr. Will. Elvis verſ. Archbiſhop of York, and others; in Hob. Rep..

(17.) If it be demanded, whether the Ordinary can cite a man out of his Dioceſs? the Common Law anſwers it in the Negative; And ſo it was held by Jones and Whitlock Juſtices in Brown's Caſe, p. 34where they held, That at the Common Law a Biſhop cannot cite a man out of his Dioceſs; and there Whitlock held, that the Ordinary hath not any power of Juriſdiction out of his Dioceſs, but to abſolve a perſon ExcommunicatedeeBrown's Caſe, Latch. Rep.. If one in N. commit Adultery in another Dioceſs, during the time of his Reſidence, he may be cited in the Dioceſs where he committed the offence, although he dwell out of the Dioceſs: by Coke, Warburton, and Winch **Brownl. p. …. Caſes in Law.. And in the time of his Viſitation he hath Jus ad Synodalia, according to the Cuſtome more or leſs, as in Glouceſterſhire, where the Impropriation of Dereburt pays annually 7s. 9d. pro Synodalibus & Procurationibus; for this Synodal is not in this ſenſe here taken as in the Statute of 25 H. 8. cap. 19. for Synodals Provincial, which ſeem to ſignifie the Canons or Conſtitutions of a Provincial Synod, nor for the Synod it ſelf, which the word Synodale doth ſometimes ſignifie; but it is here in the ſame ſenſe as the word Synodies in the Statute of 34 H. 8. cap. 16. for a Synodal is no other than a Cenſe or Tribute in mony paid to the Biſhop or Archdeacon by the Inferiour Clergy.

(18.) Every Spiritual perſon is viſitable by the Ordinary ffDavis 1. Commend. 72. b.. So is a Dean de mero jure, for he is Spiritual ggD. 10 El. 273.. The Ordinary hath alſo power of Correction of a Parſon hh20 H. 6. 46.. And every Hoſpital, be it Lay or Spiritual, is Viſitable iiCo. 10. Sutton's Hoſp. 31.. By the ancient Law of the Realm the King hath power to Viſit, reform and correct all Abuſes and Enormities in the Church kkDavis 1. Proxies 4.. Nor are the Kings Donatives viſitable by the Ordinary llDavis 1. D. & C. de Ferns 46. temps E. 6. Br. praemunire 21.; but properly by the Lord Chancellour mmDavis 1. 46. F. N. B. 42. a.. And the King may grant a Special Commiſſion to that purpoſe nnD. 1. 46.. But as to Hoſpitals, if they be Spiritual, the Ordinary ſhall viſit them; if they be Lay-Hoſpitals, the Patron ooCo. 10. Suttons 31.. In the Statute of 1 El. cap. 2. there is a Proviſo, That all and ſingular Archbiſhops and Biſhops, and every of their Chancellors, Commiſſaries, Archdeacons, and other Ordinaries, having any peculiar Eccleſiaſtical Juriſdiction, ſhall have full power and authority by virtue of this Act, as well to enquire in their Viſitations, Synods, and elſewhere within their Juriſdiction, or any other time or place, to take occaſions and informations of all and every the things above-mentioned, done, committed, or perpetrated within the Limits of their Juriſdiction or Authority, and to puniſh the ſame by Admonition, Excommunication, Sequeſtration, or Deprivation, and other Cenſures and Proceſs in like manner as heretofore hath been uſed by the Queens Eccleſiaſtical Laws. The Ancient cuſtome was for the Viſitor to viſit in his own perſon, & viſitare Eccleſiatim, per cunctas Dioceſes parochiaſque ſuas. 10. q. 1. c. Epiſcopum E. Concil. Toletan 4. ca. 35. This Viſitation is a ſpecial and peculiar duty belonging to every Biſhop, as derived from the Apoſtles, who themſelves were Viſitors, and for that end p. 35and purpoſe did pertranſire Eccleſias & Ʋrbes.Act. 15 & 16.Acts 15 The Biſhop hath his Triennials, per Archidiaconi Viſitatio poteſt fieri ſingulis annis. Extr. de Offic. Archid. c. Mandamus. We find alſo, that Epiſcopus debet Viſitare ſingulis annis Parochiam, niſi dimittat propter gravamen Eccleſiarum, &2. Coke 15. De Spelm. Concil. p. 238. tunc mittat Archidiaconum, &c. Ab. Sic. ſuper 2. 1. de Offic. Archid. c. ut Archidiaconus 10. q. 1. c. Decrevimus, &c. Epiſcopum.

(19.) Every Biſhop hath his Cathedral and Council, and the Council and Biſhop there decide matters of Controverſie; the Prebends have their names from the affording of help to the Biſhop. If any Clerk,B…ownl. Rep. par. 1. Mich. 10 Jac. Caſes in Law, &c. after he hath ſworn Canonical Obedience, ſhould happen to commit Epiſcopicide, he is guilty of Petty-Treaſon, and ſhall ſuffer as ſuch. Whereas heretofore the County of Glouceſter was a part of the Dioceſs of Worceſter, out of which it was taken by King H. 8. when firſt made a Biſhoprick; the Dioceſs of Worceſter was in the time of King Ed 6. laid to the See of Glouceſter. Dr. Heylin's Hiſt. Eccl. p. 101. Next unto the Two Archbiſhops, the Biſhop of London, of all the other Biſhops, hath the Preheminence. Epiſcopus Londinenſis (ſays an Ancient Record) ſpeciali quadam Dignitate caeteris anteponendus, quia Eccleſiae Cantuarienſis Decanus eſt Provincialis. The Biſhop of Dureſme (who is next in precedency) hath been a Count Palatine about ſix or ſeven hundred years, and hath at this day the Earldom of Sadberg, long ſince annexed to this Biſhoprick by the King. Note, a Preſident hath been ſhewed at Common Law, That the Biſhop of Durham impriſoned one for a Lay-Cauſe; and the Archbiſhop of York, as his Sovereign, cited him to appear before him, to anſwer for that Impriſonment; and the Archbiſhop was fined four thouſand Marks. Cro. par. 1. The Biſhop of Wincheſter was anciently reputed Earl of Southampton: All the other Biſhops take place according to the Seniority of their Conſecration, unleſs any Biſhop happen to be made Lord Chancellor, Treaſurer, Privy Seal, or Secretary of State, which anciently was very uſual. All the Biſhops of England are Barons and Peers of the Realm, have place in the Upper houſe of Parliament, as alſo in the Upper houſe of Convocation; The Biſhopricks were erected into Baronies by William the Conqueror at his coming into England, And as a ſpecial remark of Honour, Three Kings, viz. of England, Scotland, and South-Wales, in the year 1200. did contribute their Royal ſhoulders for the conveyance of the deceaſed Corps of Hugh, Biſhop of Lincoln to his Grave. And no wonder, when Princes themſelves, and ſuch as were of the Blood Royal were anciently Biſhops in this Kingdom; they have been not only of the beſt Nobility, but divers of the Sons and Brothers of ſeveral Engliſh Kings ſince the Conqueſt and before, have entred into Holy Orders and became Eccleſiaſticks, as at this day is practicable in the moſt of all p. 36other Monarchies throughout the whole Chriſtian World. Ethelwolph, Son and Succeſſor to Egbert, firſt Sole King of England, was in Holy Orders, and Biſhop of Wincheſter at his Fathers death. Odo, Brother to William the Conqueror was Biſhop of Bayeux in Normandy. Henry de Blois, Brother to King Stephen, was Biſhop of Wincheſter. Geofry Plantagenet, Son to King Henry the Second, was Biſhop of Lincoln. And Henry de Beauford, Brother to King Henry the Fourth, was Biſhop alſo of Wincheſter.

(20.) The Statute of 17 Car. 1. cap. 27. for diſinabling perſons in Holy Orders to exerciſe Temporal Juriſdiction or Authority, being Repealed (as aforeſaid) by the Statute of 13 Car. 2. cap. 2. they are thereby reſtored to the exerciſe of Temporal Juriſdiction as formerly; which indeed is no more than what they ever Anciently exerciſed in this Kingdom; For, Ex Clero Rex ſemper ſibi eligebat Primos à Conſiliis, Primos ad Officia Regni obeunda. Primi igitur ſedebant in omnibus Regni Comitiis & Tribunalibus Epiſcopi, in Regali quidem Palatio cum Regni Magnatibus, in Comitatu una cum Comite, in Turno cum Vice-comite, & in Hundredo cum Domino Hundredi, ſic ut in promovenda Juſtitia uſquequaque gladii gladium adjuvaret, & nihil inconſulto Sacerdote vel Epiſcopo ageretur. This Union of Perſons, Authority, and Courts of Judicature, Eccleſiaſtical and Civil,Selden, lib. 2. de Synedrits. (as Mr. Selden proves) continued above Four thouſand years, till Pope Nicholas the Firſt, about the Eighth Century, to exclude the Emperour from medling in the Eccleſiaſtical Government, began to exclude the Clergy from medling with the Civil. And for the ſpace of four or five hundred years, during the Reign of the Saxon Kings in England, Vid. Grat. Diſt. c. Cum ad ve…um.the Eccleſiaſtical and Secular Magiſtrates ſate joyntly together, determining Eccleſiaſtical Affairs in the Morning, and Secular or Civil Affairs in the Afternoon; ſo that in thoſe days, as there was no claſhing of Juriſdictions, ſo no complaint touching Prohibitions, but an unanimous harmony in a kind of Joynt-Juriſdiction in reference to all Eccleſiaſtical and Civil Affairs, until William the Conqueror, did put a diſtinction between Church and State, in a more divided way than formerly had been practiced. Alſo the excellent Laws made by King Ina, King Athelſtan, King Edmund, and St. Edward the Confeſsor, from whom we have our Common Laws, and our Priviledges mentioned in Magna Charta, were all made by the perſwaſions and advice of Archbiſhops and Biſhops, named in our Hiſtories.

(21.) That which during the Reign of King Edw. 6. made the greateſt alteration, and threatned moſt danger to the State Eccleſiaſtical, was the Act entituled, An Act for Election, and what Seals and Styles ſhall be uſed by Spiritual perſons, &c. In which it was ordained, That Biſhops ſhould be made by the Kings Letters Patents, p. 37and not by the Election of the Deans and Chapters: That all their Proceſſes and Writings ſhould be made in the Kings Name only, with the Biſhop's Teſte added to it; and ſealed with no other Seal than the Kings, or ſuch as ſhould be Authorized and Appointed by him. In the compounding of which Act there was more danger (as Dr. Heylin obſerves) couched, than at firſt appeared. For by the laſt Branch thereof it was plain and evident (ſays he) that the intent of the Contrivers was, by degrees to weaken the Authority of the Epiſcopal Order, by forcing them from their ſtrong hold of Divine Inſtitution, and making them no other than the Kings Miniſters only, or as it were, his Eccleſiaſtical Sheriffs, to execute his Will, and diſperſe his Mandates. And of this Act ſuch uſe was made (though poſſibly beyond the true intention of it) that (as the ſaid Dr. Heylin obſerves) the Biſhops of thoſe Times were not in a Capacity of conferring Orders, but as they were thereunto impowred by ſpecial Licenſe. The Tenour whereof (if Sanders be to be believed) was in theſe words following: viz. The King to ſuch a Biſhop Greeting. Whereas all and all manner of Juriſdiction, as well Eccleſiaſtical as Civil, flows from the King as from the Supream Head of all the Body, &c. We therefore give and grant to thee full power and Licenſe, to continue during our good pleaſure, for holding Ordination within thy Dioceſs of N. and for promoting fit perſons unto Holy Orders, even to that of the Prieſthood. Which being looked on by Queen Mary, not only as a dangerous diminution of the Epiſcopal Power, but as an odious Innovation in the Church of Chriſt; ſhe cauſed this Act to be Repealed in the firſt year of her Reign, leaving the Biſhops to depend on their former claim, and to act all things which belonged to their Juriſdiction in their own Names, and under their own Seals, as in former times. In which eſtate they have continued without any Legal Interruption, from that time to this. But (ſays the ſame Author) in the Firſt Branch there was ſomewhat more than what appeared at the firſt ſight: For, though it ſeemed to aim at nothing, but that the Biſhops ſhould depend wholly on the King for their preferment to thoſe great and eminent places; yet the true drift of the Deſign was, to make Deans and Chapters uſeleſs for the time to come, and thereby to prepare them for a Diſſolution. For, had nothing elſe been intended in it, but that the King ſhould have the ſole Nomination of all the Biſhops in his Kingdoms, it had been only a reviver of an Ancient power, which had been formerly inveſted in his Predeceſſors▪ and in all other Chriſtian Princes. If we conſult the Records of elder Times, it will readily appear, not only that the Roman Emperours of the Houſe of France did Nominate the Popes themſelves; but that, after they had loſt that power, they retained the Nomination of the Biſhops in their own Dominions. The like p. 38done alſo by the German Emperours,Dr. Heylin, Hiſt. Eccl. de Temp. Ed 6. p. 51, 52. by the Kings of England, and by the Ancient Kings of Spain: The Inveſture being then performed per Annulum & Baculum, that is, by delivering of a Ring, together with a Croſier or Paſtoral Staff to the party nominated.

(22.) By Ancient Right the Biſhops of London are accounted Deans of the Epiſcopal Colledge; and being ſuch, are by their place to ſignifie the pleaſure of their Metropolitan to all the Biſhops of the Province, to execute his Mandates, and diſperſe his Miſſives, on all emergency of Affairs:Ibid. p 54, 55. As alſo to preſide in Convocations, or Provincial Synods, during the vacancy of the See, or in the neceſſary abſence of the Metropolitan.

(23.)Mich. 17 Jac. Br. Revan O Brian and others, and Knivans caſe. Cro. par. 2. In O Brian and Knivan's Caſe, the Caſe was, That King Ed. 6. under his Privy Seal ſignified to Sir J. C. and to the Lord Chancellor, and others in Ireland; That he elected and appointed J. B. to be Biſhop of Oſſory: Requiring them to Inſtal him in the Biſhoprick. The Deputy being removed, the Chancellor and the other made a Commiſſion under the Great Seal of Ireland to the Biſhop of Dublin to Conſecrate him; which was done accordingly, and he did his Fealty, and recovered the Temporalties out of the Kings hands. Afterwards in the life of J. B. Queen Mary elected J. T. to be Biſhop there: who was likewiſ… Conſecrated, and who made a Leaſe of divers Lands of the Biſhoprick for 101 years, which was confirmed by the Dean and Chapter. J. B. died; and after J. T. died J. W. was elected Biſhop. The Queſtions in the Caſe were, (1.) Whether J. B. was well created Biſhop? (2.) Whether this Leaſe made by J. T. being Biſhop de facto, but not de jure in the life of J. B. he ſurviving J. B. ſhould be good to bind the Succeſſor. Reſolved, The Commiſſion was well executed, although the Deputy Sir J. C. were removed. (2.) Reſolved, That before the Statute of 2 Eliz. the King might by Patent without a Writ of Congé d'eſlire create a Biſhop, for that was but a Form or Ceremony. (3.) Reſolved, That although J. T. was Biſhop de facto in the life of J. B. that the Leaſe made by him for 101 years was void, though it was confirmed by the Dean and Chapter, and ſhould not bind the Succeſſor: But all Judicial Acts made by him, as Admiſſions, Inſtitutions, &c. ſhould be good; but not ſuch voluntary Acts as tended to the depauperation of the Succeſſor.Mich. 3 Car. C. B. Owen and Tho. Ap Ree's Caſe. Cro. par. 3.Mic 3

A Biſhop made a Leaſe for three Lives, not warranted by the Statute of 1 Eliz. rendring Rent; the Succeſſor accepted the Rent. It was Reſolved, It ſhould bind him during his time, ſo as he ſhall not avoid the Leaſe, which otherwiſe was voidable.