Reuan O'Brian and Others against John Knivan
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 473
IN THE KING'S BENCH.
case 15. eeuan o'brian and others against john knivan. If A. be created a bishop, and B. by a super-institution, be made bishop of the same fee during the life of A.; a lease made by B. while he is thus bishop de facto, and not de jure, shall not bind the successor, although confirmed by the dean and chapter, and A. be removed before the expiration of the term. Palm. 22. 479. 2 Eoll. Rep. 101. 130. Co. Lit. 306. 2 Com. Dig. 480. 3 Com. Dig. 407. 3 Bae. Ab. 367. A commission of direction, as to consecrate a bishop, directed to the Lord Lieutenant of Ireland and others, may be executed, though he is previously removed. The Irish statute of 2 Eliz. c. . is a declaratory Act, and therefore the King may still create a bishop in Ireland by his patent only, and without any writ of conge d'clire. Patent of creation. All judicial acts, as admissions, institutions, certificates, &e. done by a bishop de facto only, are good ; but not voluntary acts injurious to the successor. 474 MICHAELMAS TERM, 17 JAC. 1. IN B. R. CBO.JAC. 053. Error of a judgment in the King's Bench in Ireland (a), in an ejecttnenb on a lease of lands by the Bishop of Ossory, the second of October, 16 Jac. 1. Upon not guilty a special verdict was found, that this land was parcel of the possession of the said bishoprick ; and that 20th October, 6 Edw. 6. the King, by his letters under his hand, and under his privy-signet, directed to Sir James Crofts deputy, Thomas Lusack his Chancellor, and others his Council, signified, that he elected and appointed John Bale to be Bishop of Ossory, requiring chum to take such order for his placing and installation, as by the orders and law.sof our realm of Ireland is necessary. Afterwards, the deputy being removed, the Chancellor and two others being made justices of Ireland, they (without any other warrant) made letters of commission under the Great Seal of Ireland, directed to the Archbishop of Dublin in Ireland, in this manner : " Edvardus, & ò.. J. Archiepisc. Dublin, &c. salutem, &c. fSi'Mlis quod nos considerantes e-piscopatum Ossory to be void, J. Bale, jujita tenorem quarund. iiterarw/i consignamus, et per prasentes in episcopum Os.wy eliyimus, creamas et constituimim ; vobinqne prcecipimus yuatenus prcemissa wnfinnetis, ipsumque in episcopum Osgori/invest-in et comsecrari faciatix, &c. ;" and that accordingly he was consecrated. That 3...
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