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Confirmation

Maclean & Robinson's Appeal Cases Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1651
Date01 January 1651
CourtCourt of the King's Bench

English Reports Citation: 73 E.R. 866

King's Bench Division

Confirmation

[46] Confirmation. Bishop charges, or grants an office with the assent of the Deane and Chapter, and dyes, this is worth nothing, by some, for it ought to be confirmed by the Dean and Chapter; And this fell out in the grant of the Stewardship of the Bishop of London, betwixt Aldred Fitzjames, and John Edmunds of the middle Temple, where the Bishop granted tho Stewardship of his lands to A. F. by the assent of the Dean and Chapter, and died, by which the grantee lost the office, as tis said, because the Dean and Chapter had not confirmed it, yet more was in the grant of the Bishop, as Misnosmer, and tho like, for the said A. F. was named Ethcldredus, where it should be Alclredus, and so he was misnamed. Also there was a default in the Seale (B. Charge 58. Confirmation. 30.) And also the Deed was Quod sigittum nostrum apposuimus, which may bee referred to the Bishop onely, and not to the Bishop, Dean and Chapter: And therefore by more, to this day the grant was avoided for these causes, atid not for the other cause; and so a grant with assent of the Dean and Chapter, with all perfections is good. 33. H. 8. B. Confirmation. 30. the end. CasuaHiu If the bishop be patron, and the parson makes a lease or grant by deed, Bomwe &"''- there the Bishop patron, and the ordinary, and the clean and chapter ought jjieiie of to confirm, if the grant or lease shall be sure ; otherwise where a lay man is Dme iiitier patron in fee, and he and the ordinary confirmes, this suffices without the whereto15' dean and chapter, for in the first case, the Bishop patron hath an interest in Parson, Pat- inheritance to the Bishopriek. But in the other case, he hath but a judicial c'hapte?'L& power, [46] therefore it suffices that he who hath the power at the time, &c. made the continue.-", for tis a judicial act. But in the other case...

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