[173] Cardwell, _loc. cit_., 100. Ecclesiastical jurisdiction derived also much temporal strength from the fact that practically every bishop was also a justice of the peace. For proof of this see Strype, _Annals of the Reformation_ (Oxon. ed.), iii, Pt. ii, 451 (Bishop of Peterboro' complaining that he alone was left out of the commission. 1587). Cardwell, _Doc. Ann_., ii, 80 (Bancroft's letter, 1605: "We that are bishops, being all of us (as is supposed) justices of the peace"). When commissioning justices Burghley referred to the bishops for lists of orthodox men. See such lists in Strype, _op. cit_., 453-60. Also in Strype, _Life of Whitgift_, i, 187-8. _Victoria County History of Cumberland_, ii, 73-4. _Sussex Arch. Soc. Coll_., ii (1849), 58-62. Mary Bateson, _Letters from the Bishops to the Privy Council_, 1564, _with Returns of the Justices of the Peace_, etc., in _Camden Miscellany_, ix (1895). By 1 Eliz. c. 2, bishops could at pleasure associate themselves to justices of _oyer and terminer_ or of assize. Cf. Strype, _Whitgift_, 329. [174] Presentments on this score are frequent. Take only a single jurisdiction, that of the Dean of York's Peculiar, between the years 1592-1601, and a number will be found. See _Dean of York's Visit_., 222 (5 persons); 226, 229, 315, 326, 329 (Remaining excommunicate for a month); 334 (Over 40 days. Also a person presented for harboring an excommunicate); 335 (Over a year); 341 (14 days). [175] Cosen, _An Apologie_, etc., 64. As has been above stated, an excommunicate could not attend service. P. 47 _supra_. [176] According to 23 Eliz. c. i, sec. 4 and sec. 6. [177] See _A.P.C_., xiii, 271-2 (1581). Cardwell, _Doc. Ann_., i, 406 (Whitgift alludes to the "waywardnes" of juries). [178] Not suspension from office (as might be supposed) but from service and sacraments. [179] P. 19, note 33, _supra_. [180] Hale, _Crim. Prec_., 150 ("_Contra_ ... Because he will not be churchwarden accordinge to the archdeacon's judgment." Excommunicated. 1566). Ibid., 162 ("_Contra ... Detectum_ that he obstinately refuseth to be churchwarden, notwithstanding he was chosen by the consent of the parson and parishioners." Excommunicated. 1576). Cf. ibid., 183 (Presentment for refusing to be sideman), and ibid., 207 (Refusing churchwardenship). [181] In equity specific performance is nothing more than the giving of an instrument transferring title after all has previously been done on both sides, but this, to complete the transaction.