coke a case at a committee concern bishop pasch James such bishop as be make  and create after the first day of the session of parliament James be lawful  bishop although the Act mary c repeal I Edward be itself repeal yet the Act of  I Edward be not now in force for it be repeal also by other act at this  parliament hold pasch James king it be move and strong urge at a grand  committee of lord and Commons in the paint Chamber that such bishop as be make  and create after the first day of this session of parliament be not lawful  bishop admit that they be bishop yet the manner and form concern their seal  style process and proceed in their ecclesiastical court be not consonant to  law and their reason be for this that it be provide by the statute of I Edward  cap that from thenceforward bishop shall not be elective but donative by the  letter patent of the king and that forasmuch as at this day all bishop be make  by election and not by donation of the king accord to the Act for this reason  if the say Act of I Edward be in force from the time it take its effect the  bishop so elect be not lawful by the say Act of Edward it be further enact  that all summons citation and process in ecclesiastical court shall be make in  the name and style of the king and that their seal shall be engrave with the  king arm and that certificate shall be make in the name of the king and  whereas the say Act of Edward be repeal by a special Act I Mariee parliament  cap sess and the say Act I mark be now repeal by a branch of a Act I James cap  versusfinem for by the say Act it be enact that the say Act of I mark shall be  express repeal so that the say Act of Edward be now in force for when a Act of  repeal be repeal the first Act repeal be revive c as appear in Spencer case  Edward title petition and for this it be conclude that the say stat Edward c  be in force by consequence all bishop make after the Act I James be not lawful  bishop and for that their style and proceed after the same Act be in the name  of the bishop coke report er p and not in the name and under the seal of the  king for this cause the proceed be unlawful because non observala form put in  adnullatio right of way for cattle and these be matter of great import and  consequence as to these objection upon consideration have of they by  commandment of the king it be answer and resolve by Popham chief justice of  England and coke attorney of the king and afterward affirm by the chief baron  and the other justice then attendant to the parliament upon good advice and  consideration that although the say Act I mark be repeal that yet the say Act  Edward cap for other cause be not now in force but remain repeal yet true it  be that when a Act of repeal be repeal the first Act as have be say stand in  force and be implicit revive but it be to be observe that the say Act Edward  be repeal annul and annihilate by three several act of parliament and as a man  which be bind by three several bind although he break one or two of they yet  the three which remain whole will bind he so when coke the word of three  several act repeal or annul a Act although that one or two of the act of  repeal or annullation be repeal yet the other which remain in force annul the  first Act first of all the Act of I mark express repeal the Act of Edward c  and the Act of I and Phil and mark have likewise sufficient word to repeal and  annul the say Act of Edward as to the style seal and process in  CourtsChristian although that the Act of I mark parliam have never be make the  word of which Act be and the ecclesiastical jurisdiction of the archbishop  bishop and ordinary to be in the same estate for process of suit punishment of  crime and execution of censure of the church with knowledge of cause belong to  the same and as large in these point as the say jurisdiction be year Henry and  although the say Act of mark have by express word repeal the say Act of I  Edward and for that it may be say that the Act of I and Phil and mark can not  repeal that which be repeal before and yet it be resolve that now inasmuch as  the repeal on which the Act of I mark operate be now annul and repealedit  follow that if now the Act of I and Phil and mark be in force or if the say  Act of the Elizabeth cap operate only as to the say Act of the I and Phil and  mark it make that the say Act of Edward can also stand because law m snore  opposite direction abrogate but it be object that the say Act of the first and  second Ph and mark be repeal by the statute of Elizabeth and it be answer and  resolve that it be enact by the Act of the Elizabeth that the say Act of I and  Phil and mark and every branch and article of it other than for such branch as  be hereafter express shall be repeal and after by the other branch of  Elizabeth it be enact that all other law statute and every branch thereof  repeal and make void by the say Act of I and Phil and mark and not in this Act  especial mention and revive shall remain and be repeal and void as the same be  before the make of the Act but the Act of Edward be as have be say repeal by  the Act of I and Phil and mark and the Act of Edward be not revive special by  the Act of Elizabeth yet the Act of Edward remain repeal as it be before the  second Act which have sufficient word to repeal and annul the Act of Edward to  answer both the objection the statute of Elizabeth cap revive the Act of Henry  c and further enact that it shall stand in full force and effect to all intent  construction and purpose and by the say Act of the say Henry c it be provide  that at every avoidance of any archbishop or bishop the king his heir and  successor may grant to the prior and convent and the dean and chapter c a  licence under the great seal as of old time have be accustom to proceed to the  election of a archbishop or bishop with a letter missive contain the name of  the person which they shall elect and choose c and further by another branch  in the same Act it be enact that every person choose elect and invest and  consecrate archbishop or bishop accord to the form and effect of this Act  shall do and execute every the thing and thing as any archbishop or bishop of  this realm without the offend of the prerogative royal of the crown and the  law and custom of the realm may at any this can be by implication Note to  former edition this argument seem posse ad be and smell of court flattery Note  to former edition coke report er p time heretofore do and these two branch  answer to both the objection videlicet for the manner of election and  consecration of archbishop and bishop and also for the make and execution of  all thing which belong to their authority as any archbishop or bishop may have  do before the make of the say Act of Henry within which word the style and  seal of their court and the manner of their proceed be enclose and now the Act  of Elizabeth cap have revive the Act of Henry and enact that the same shall  stand and be in full force andstrength coke to all intent construction and  purpose from hence it follow that the Act of Elizabeth revive the Henry have  repeal the Act of I Edward for in a Act which be repeal the repeal be void and  annul and this be the principal cause of the say resolution for both the point  upon which the say doubt be conceive and it be to be observe that the  intention of the say repeal by the say Act of I James be to repeal the say Act  of I mark as to a Act make Edward by which it be enact that the matrimony of  all and every priest and other ecclesiastical and spiritual person shall be  adjudge deem and take for just true and lawful matrimony to all intent  construction and purpose and that all child bear in such matrimony shall be  deem and adjudge to all intent construction and purpose to be bear in lawful  matrimony and be legitimate and inheritable to land tenement and hereditament  and that they shall be tenant by the courtesy and tenant in dower c so that  now the say Act of I mark be repeal the say Act of Edward c be now in force  and the matrimony of all ecclesiastical person and their issue lawful and  legitimate to all intent construction and purpose by which the doubt among the  vulgar be well explain but the repeal of all the Act of I mark by which  diverse other statute be repeal be repeal general without any reference as to  the say Act of Edward accord to the intention of the parliament sub silence  make the say scruple and yet as it appear by this resolution upon manifest and  direct matter no inconvenience of the general repeal of the say Act I mark do  ensue t and note by our book it appear that if a deacon or priest take a wife  the marriage be voidable by divorce and not void for they have not vow  chastity and for that if they have issue and one of they die the issue shall  be inheritable but if a monk or nun or other religious person which have make  a vow of chastity have marry this marriage be void and this do appear Edward  title nonability Henry title bastardy Henry b