case revan obrian and other against John KNIVAN if a be create a bishop and b  by a superinstitution be make bishop of the same fee during the life of a a  lease make by b while he be thus bishop de facto and not de jure shall not  bind the successor although confirm by the dean and chapter and a be remove  before the expiration of the term palm roll Rep   light Com dig Com dig Bac ab  a commission of direction as to consecrate a bishop direct to the Lord  lieutenant of Ireland and other may be execute though he be previous remove  the Irish statute of Elizabeth c be a declaratory Act and therefore the king  may still create a bishop in Ireland by his patent only and without any writ  of congee dclire patent of creation all judicial act as admission institution  certificate c do by a bishop de facto only be good but not voluntary act  injurious to the successor croak James er p error of a judgement in the king  bench in Ireland a in a ejectment on a lease of land by the bishop of Ossory  the second of October James upon not guilty a special verdict be find that  this land be parcel of the possession of the say bishopric and that that  October Edward the king by his letter under his hand and under his privysignet  direct to sir James Crofts deputy Thomas Lusack his chancellor and other his  Council signify that he elect and appoint John bale to be bishop of Ossory  require they to take such order for his place and installation as by the order  and law of our realm of Ireland be necessary afterward the deputy be remove  the chancellor and two other be make justice of Ireland they without any other  warrant make letter of commission under the great seal of Ireland direct to  the archbishop of Dublin in Ireland in this manner edvardus c I archiepisc  Dublin c health c to know quod our to look at closely bishopric Ossory to be  void I bale juxta course quarund a letter to seal et per present circumstance  in bishop Ossory to pluck out A king of Corinth et to put vobisque to take  beforehand quatenus to send forward to make firm ipsumque in bishop Ossory  investiri et to dedicate to make c and that accord he be consecrate that  February Edward the king accept his fealty and a writ issue to the escheator  to receive his temperality that afterward in the life of the say John bale  queen mary in the first year of her reign by letter patent under the great  seal of Ireland direct to the dean and chapter of Kilkenny signify that she  have appoint and elect to that bishopric be void John croak throw Tonery and  appoint they to elect he who be elect and return accord and have a patent to  be consecrate and all thing do for his consecration and restitution of his  temperality and otherwise as be requisite to snake he perfect bishop that he  so be bishop enter into those land and be seize c prout law c and so seize in  the life of the say John bale year Elizabeth let those land to Nicholas white  for one hundred and one year which be confirm by the dean and chapter and that  the say John bale year Elizabeth die and afterward John Tonery die and Jonas  Wheeler be duly elect bishop and enter upon the defendant be assignee of  Nicholas white and lessor to the plaintiff upon who the bishop reenter et si c  judgement be give in Ireland by the opinion of the two puisne justice against  the opinion of the chief justice there for the plaintiff and now the error  assign be in point of law and the first question be whether bale be well  create bishop second admit he be well create whether this lease by Tonery be  bishop de facto but not de jure in the life of the say John bale who never be  deprive be confirm by the dean and chapter he survive the say John bale be  good against the successor first it be object that bale be never well create  bishop because the letter which be for his election be direct to sir James  Crofts the deputy and to the chancellor and other and it be not execute by the  deputy for he be amoved before execution thereof and so not execute accord t  the authority and the deputy be the principal person and remove all be  determine and it be compare to Henry dyer where three atorneys have authority  and two execute it it be not good say non allocatur for it be not a authority  but as a commission of direction which may be well execute although the deputy  be remove a second reason that bale be never bishop be because the direction  be that they shall take order for his creation and make he bishop accord to  the law of Ireland which ought to be by writ of congee de easy which be return  then a patent shall be make to he under the great seal there and then a  commission to consecrate he and so be the law and use in England and so be the  use and law in Ireland until the statute of Elizabeth c make there which give  authority to the queen and her successor to create bishop by their patent  without congee de easy and a say vide Geo c Geo c and Geo c by which  lastmentioned statute it be enact that no writ of error or appeal shall be  receive or adjudge or any other proceed he have by or in any of the court of  this kingdom in any action or suit at law or in equity institute in any of his  majesty court in Ireland and all such writ appeal or proceed be declare null  and void croak James er p so those circumstance shall not be observe but a  immediate creation by patent But it be resolve that this statute do not give  to her any new power but it be only a restitution of the commonlaw and that  the king here and also in Ireland before the say statute may create a bishop  by his patent without any writ of congee de easy which be but a form or  ceremony which the croak throw king of this realm have agree to observe but if  they will not observe this course it be well enough where before this creation  before that statute be good enough vide nat Br Edward c another objection be  that here be not any patent show of the creation but only a commission to the  archbishop of Dublin and other to consecrate he say non allocatur for therein  be the word per present circumstance to pluck out A king of Corinth et to put  which be a sufficient patent of creation without any other patent a three  objection be that although John bale be bishop yet he relinquish the place and  the say Thomas be by legal ceremony create bishop and have his temperality  restore to he be bishop in facto and this lease be make by he and confirm by  the dean and chapter especial he be bishop in facto and survive the say bale  the lease shall be good and shall bind the successor But it be resolve that he  not be lawful bishop this lease to charge the possession of the bishopric be  void although all judicial act make by he as admission institution certificate  and such like shall be good but not such voluntary act as tend to the  depauperation of the successor wherefore the first judgement be affirm