The Bishop of Litchfield against Fisher

JurisdictionEngland & Wales
Judgment Date01 January 1794
Date01 January 1794
CourtCourt of the King's Bench

English Reports Citation: 73 E.R. 317

King's Bench Division

The Bishop of Litchfield against Fisher

the bishop of litchfield against fisher. If a dean made a deputy by parol, and he in his absence with the chapter confirm a grant of the bishop, Whether it shall bind the successor] also qiuere, if the confirmation had been by the deputy of such deputy 1 (65) A bishop seised in fee of land in right of his hishoprick, Lat. 238, 231. Dier, ss made a lease for years, the lessee entered, and afterwards the lessor riep!'!9i. 22" e'^ss'id'. . 22 H. ti, 43 a. 9 H. 6, 32 (65) A dean may make a substitute for matter of jurisdiction, as gi Dler'123 ^ 9 F" 3' for correction or visitation, but not for the administration, and therefore he cannot make a deputy to confirm leases, or to make speeches, to give advice to the bishop. Temp. E. 2. Fitz. Grants, 104. A 318 EASTER TERM, 2 DYEE, 146 a. by deed indented, gave, granted, and confirmed the land to the lessee to have to him and his heirs for ever, rendering to the bishop and his successors ten pounds. And there was a letter of attorney in the same deed to make livery, and delivered the deed to the lessee himself, and livery was made accordingly. And the whole of this was confirmed by the dean and chapter in the life-time of the said bishop, the dean being absent in remote parts, but the president of the dean whom he constituted to hold his office by [s Bac. A.b; 3si, 3sa. i simple parol was present; and he delivered his keys together with 74?bute Uo7d! UTmnf.} ^6 authority of the voice and assent of the dean : and this was b. n. o. 94. 9 Co. si. entered in the register according to ancient custom. And afterwards the same bishop also granted and released the said rent to the lessee m e. 3. Verdict, 47. ancl his heirs : and this also was confirmed as above; but the dean and president also being absent, and the substitute or deputy of the USnik. flfl. I Ld. uaym. president only being present, Whether the successor can avoid this grant and alienation of the land and of the rent, or either of them, uier, 152 b. 11 h. 4, hi. was moved before the Judges in our inn, by command of the lord chancellor. Lands vested in the king's possession by an act of attainder may be granted by him before office found, notwithstanding the statute 18. H. 6. c. 6. a iiar. 132 b. n. n. c. (66) It was moved for a question, If a mati purchase land of the king and queen which was parcel of the possessions of the duke of Suffolk attainted of high...

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