case dr pelling vers Whiston before the delegate in a libel for heresy the  refusal of a citation by the dean of the arch be hold a good cause of appeal  to the delegate Gibs cod burn Ec l dr pelling be mind to exhibit article of  heresy against Mr Whiston who dwell within the exempt and peculiar  jurisdiction of the dean and chapter of saint Paul dr Harwood by letter of  request on the that of November request dr bettesworth official of the arch to  call the say Mr Whiston before he and hear and determine the say cause dr  bettesworth by letter date the that of December recommend it to he to proceed  in this as in other cause of ecclesiastical cognizance there be no suggestion  of any comens reason why the cause shall not be bring before the proper  ordinary on the that of February dr Harwood by new letter of request for it  may be doubtful whether he as commissary of the peculiar jurisdiction can  proceed to a final hear or inflict proper punishment c appeal his request to  dr bettesworth official c to call Mr Whiston before he and determine the say  cause before this videlicet on the that of January dr pelling pray a citation  from the court of arch against Mr Whiston for heresy dr bettesworth take time  to consider of this prayer till the next court at the next court videlicet on  the that of February dr bettesworth order his answer to the letter of request  of dr Harwood to be send to he at the court hold on the that of February dr  pelling pray again a citation and counsel be beard thereon on the that of  February when dr bettesworth decree that letter of request from dr Harwood lie  not before he because in a case of heresy the bishop of the diocese have  jurisdiction in place otherwise exempt within his diocese and notwithstanding  the statute of citation a heretic may be cite to appear before he upon letter  of request from the judge of the peculiar or by process sub mutually c and  therefore he can decree a citation c on the d of march dr pelling appeal to  the delegate upon which the queen appoint a court of delegate upon the saint  of July the matter come to be hear before the delegate and it be insist on by  dr Paul and sir Peter king comens er p that a superior judge be not oblige to  accept letter of request for no law say that he be so oblige and it will be  inconvenient since the fee will all belong to the inferior judge and  unreasonable since the superior judge can oblige the inferior to grant such  letter of request and therefore ought not to be oblige to accept they comens  second the inferior judge in this case have no jurisdiction for he can  excommunicate degrade or deprive stat this statute be repeal by the stat Henry  c h c speak of the bishop of the diocese and so be h c three the bishop of the  diocese have jurisdiction in case of heresy in place exempt fourthly there be  no cause depend before dr Harwood and the arch have jurisdiction only in case  of appeal by patent but it be answer by sir Nathaniel Loyd myself and dr  henchman and so resolve by the court of delegate that the refusal of the  citation by dr bettesworth be a fault for which this appeal be proper for  first dr Harwood the judge of the exempt jurisdiction have a jurisdiction in  the cause though he can not inflict the censure of degradation or deprivation  second the bishop of the diocese have no jurisdiction in this case for by the  stat h c no person shall be cite to appear before any ordinary archdeacon  commissary official or other judge spiritual out of the diocese or peculiar  jurisdiction where the person cite be inhabit at the time of citation unless  first for any spiritual offence omit or commit by the bishop or other  spiritual judge second for cause of appeal three in case the bishop or other  immediate judge do not or will not convene the party fourthly or be party  direct or indirect five or in case the bishop or other inferior judge by right  or commission make request to the bishop or other superior comens ordinary to  determine in case where the canon law or civil law affirm execution of such  request to be lawful therefore the bishop by the express word be restrain in  all case except those five from cite any to appear before he dwell in peculiar  and consequent in case of heresy as well as any other cro car Cadwallader vers  Brian but by a proviso in thisSt Henry c S Inst hawk p c p a statute every  archbishop may cite any person dwell in any diocese within his province for  cause of heresy if the bishop or other immediate ordinary consent or do not  his duty in punish the same it be true the bishop upon request from a inferior  judge may cite c but such inferior judge must be subordinate to he but the  dean and chapter of saint Paul have a exempt jurisdiction be not subordinate  but in a equal degree with the bishop the person exempt as Linwoodexpresses it  vice to bear about bishop and therefore the letter of request from dr Harwood  ought to be to the archbishop who be his superior ordinary and not to the  bishop of London if a man have good notabilia in several peculiar  administration shall be grant by the archbishop not the bishop per Twisden and  Windham lev a suit in the arch against any in the diocese of London be good  for there be a ancient composition between the bishop and archbishop which  amount to a general licence cro car dub keb S c a ray and when a suit be in  the archdeacon court request shall be make to the bishop for the power of the  archdeacon be derive from he and not to the archbishop per narrow passage hob  comens so where a peculiar be subordinate to the bishop as it may be m car  Tull for Osberson keb side pl S c b since then the arch which be the court of  the archbishop be the superior ordinary to who the cause ought to be transmit  from the peculiar of the dean and chapter of saint Paul the judge of the arch  by refuse a citation c deny justice whereupon the delegate reverse the  sentence and order a citation for Mr Whiston to appear before they which be  serve and Mr Whiston put in a allegation to the jurisdiction that the delegate  be not judge agreeing with be empower by their commission only to hear and  determine a cause of appeal between comens er p dr pelling and dr bettesworth  to which Mr Whiston be no party and that they have no original or ordinary  jurisdiction by their commission c comens de boundary pasch whether in c b