The Bishop of St. David's v Lucy
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court |
English Reports Citation: 91 E.R. 1197
COURTS OF KING'S BENCH AND COMMON PLEAS
S. C. 1 Ld. Raym. 539; 2 Ld. Raym. 817; 14 St. Tri. 447. Referred to, Combe v. De la Bere, 1881, 6 P. D. 166. Ex parte Cox, 1887-90, 20 Q. B. D. 27. On appeal sub nom. Cox v. Hakes, 15 App. Cas. 506; Read v. Bishop of Lincoln, 1889, 14 P. D. 124; R. V. Tristram [1902], 1 K. B. 831.
[447] the bishop of st. david's vers. lucy. [S. C. 1 Ld. Rayra. 539; 2 Ld. Raym. 817; 14 St. Tri. 447. Referred to, Combe v. De la Bere, 1881, 6 P. D. 166. Exparte Cox, 1887-90, 20 Q. B. D. 27. On appeal sub nom. Cox v. Hakes, 15 App. Gas. 506 ; Read v. Bishop of Lincoln, 1889, 14 P. D. 124 ; E. v. Tristram [1902], 1 K. B. 831.] S. C. 12 Mod. 237. S. C. post, 539. An archbishop may cite any of his suffragan bishops to appear in any part of his province before either him, S. C. Salk. 734. 3 Salk. 90, or his vicar general, and punish them with deprivation or ecclesiastical censures for any offences contrary to their office as bishops. S. C. Salk. 134, or for a neglect of any part of their duty as bishops. S. C. Garth. 484. But not for any thing done by them as visitors. S. C. Garth. 484. Simony, though it relates to a living he holds in commendam or forgery is contrary to a man's duty as bishop. S. C. Salk. 154. Garth. 484. Holt 651. It is the duty of a bishop to tender the oaths upon an ordination. S. C. Garth. 484. A contract to resign a benefice is simoniacal. Lucy promoted a suit ex officio, &c. before the Archbishop of Canterbury against the Bishop of St. David's upon several articles for simony and other offences. To which articles Dr. Thomas Watson the Bishop of St. David's put in his answer. And 1198 EASTER TERM, 11 WILL. 3 1LD.RAYM.448. proof being offered on the part of the promoter the bishop appealed to Commissioners Delegates. And pending the appeal he moved in the King's Bench for a prohibition, upon a suggestion, that the matters contained in the articles were of temporal conusance, &c. And at the beginning Sir Bartholomew Shower argued for the prohibition ; that it does not appear, that the Bishop of St. David's was cited to appear in any Court whereof the law takes notice; for the citation is, that he should appear before the Archbishop of Canterbury, or his vicar general, in the hall of Lambeth House, to answer, &c. which is not any Court whereof the law takes notice. For the archbishop has the same power over his suffragan bishops, as every bishop hath over the clergy of his diocese; but no bishop can cite the clergy before himself, but in his Court. And therefore the citation ought to have been here, to appear in the Arches, or some other Court of the archbishop, &c. But to this it was answered by Wright King's Serjeant, that without doubt (a)1 the archbishop had jurisdiction over all the clergy, as well bishops as others within this province. And for that he cited the case of Dr. Wood, Bishop of Litchfield and Coventry, who in the year 1687 was suspended by Archbishop Bancroft for dilapidations, and the profits of the bishoprick were sequestered, and the episcopal palace was rebuilt out of them, and he died under that sequestration. He cited also the case of Marmaduke Middletmi, Bishop of St. David's, who upon the eighth of May in the year 1582 was suspended by the High Commissioners for misapplication and abuse of the charity of Brecknock (which is one of the crimes of which this bishop is accused). Whitgift's Register, 177. And...
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