Leaves from the Note-Books of Lady Dorothy NevillNevill, Dorothy, Lady
History
Leaves from the Note-Books of Lady Dorothy Nevill
Nevill, Dorothy, Lady
Great Britain -- Social life and customs -- 19th century; Great Britain -- Social life and customs -- 20th century
It might be observed that the corruption of those Courts is not
owing to the Bishops. Some of these have endeavoured to reform
them, but in vain, they have put limiting clauses into the
patents, and they have granted to Vicars general, Chancellors
and Commissiaries, but still to no purpose, even with regard to
the granting of licenses to preach, which being, by the Rubrick
of the Common Prayer book established by Act of Parliament,
reserved expressly to Bps. they naturally thought they might
very well restrain their deputies from granting them. But these
deputies, distinguished by the several titles before mentioned,
pretend that a Bp. having constituted them Vicars general,
Chancellors or Commissiaries by patent, they are in virtue
thereof actually invested with all the power usually annexed to
such office, and that all restraining clauses are null by common
Law: and so they continue to exercise a power in those cases
wherein by the express terms of the patent they are debarred the
exercise thereof. Our Common Law is in truth but too favourable
to such iniquities, and it is highly reasonable that an Act
should pass to restrain the power of these officers to the terms
of their patent; or perhaps it may not be amiss to provide that
such offices should be held only for the life or incumbency of
the person that grants them; or if allowed to be granted to
persons quamdice bene se gesserint, certain cases may be
specified wherein these officers shall be removable by the
judgment of the Bp. in conjunction with the Chapter and Rural
Deans of the Diocese, from whose sentence there should lye no
appeal to Common Law.
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