Volume 1: Pages xxxiv to lxxi - Cork Past and Present

lxiv BISHOP DOwNES' HISS.
cited by Godolphin seem to prove ; unless there be some particular
constitution to the contrary. [Godolph.,Abridge.,p.41-SedQuwre.]
And, besides, T think I have heard that it is so in the province of
Ardnragh, and I do believe it is so in this province, but I have not
time now to enquire particularly into it. I suppose he has by some
act acknowledged you to be Guardian of the Spiritualties.
As to the second.-I suppose the power of the Vicar-General
ceases upon the vacancy of the Bishopric-so says Barbosa de jure
ecelesi., de vicar., et coadju. epi. No. 44; and I know, that Sir
John Topham, upon the vacancy of the See of Dublin, takes out a
new commission from the Deans and Chapters of Christchurch and
St. Patrick's, as Guardians of the Spiritualties, and besides a Vicar-
General has very rarely the power of institution granted to him in
his commission.
As to the third.-I suppose he may be cited and censured in your
court, and the institution be declared null unless there be some particular
constitution or prescription in the diocese of Cloyne, which
makes the Deane and Chapter Guardian of the Spiritualties, and
that he acted by virtue of a commission from them ; and I don't
know what other court can properly take cognizance of it. [6th
Dec., de off, vie. c. p. Amana Ecclesia.]
As to the last.-I suppose there lyes no appeal from Cashel to
the Primate, that provence being no way subordinate to the See of
Ardmagh, the Primate having no authority but in his own province,
unless it be in wills and faculties for as much as I know of the
matter, so that if there be any appeal it must be to the King in
Chancery.
Your predecessor, Marsh, told me, that in the last vacancy of the
See of Kilialloo, he granted a commission for the administration of
the Spiritualties. The Primate was Guardian of the Spiritualties
when Dromore was last vacant.
If neither the Archbishop of Cashel nor the Dean and Chapter
spew any precedents nor prescription, the question will then beto
whom of common right the Guardianship of the Spiritualties
does belong The books generally say, that the Dean and Chapter,
of common right, are Guardians of the Spiritualties-cede vacante,
custodia spiritualium et temporalium de jure communi pertinet ad
capitulum. [Lyndwood.]
The lawyers say the common law of England is the same with
the comuron law of Ireland.
When there is a controversy between a Eishop and Archbishop
concerning j urisdictiou, the King is to declare their bounds. [Godolp.,
p. 18.]
The Archbishop may not exercise his jurisdiction over the subjects
of his suffragan but in certain cases. Ilostiensis enumerates
twenty-one cases. [Godolp., p. 19.]
The King's letter [is necessary] to stop any patent so that, I
suppose, your patent will remain of force.
BISHOP DOW NES' DISS. 1xv
But the case of the institution is not altered, but is voyd now if it
was so before ; and the person that instituted may be proceeded
against for meddling with a thing that he had no right to meddle in.
The persons that had grants of the livings have been delay'd, it
seems, so long, that there has been opportunity given to defeat
their grants.
Stat . concerning citations out of the diocese - Arclriep. potest
excommuuicare Vivarium Epi., si deliquit circa officium commissum
- si peccaret in its qua soot jurisdictionis . [Barbossa de archiepis.
seu metrop ' no. 30.]
Archiepus . potest punire crimina notoria subditorum suffraganei.
[Spala ., vol_ i ., p. 454.]
Ex ecclesiastica consuetudine et into canouico non jure divino
metropolitanus est episeopus animaruni suorum suffraganeorum.
[Spalatensis vol. i., p. 455.]
Metropolitanus juries ordinarius sufr aganeormn . [Spat., p. 456.]
Convocata Synodo ex Gregorii magni response ad Inter August-
A, rchiepi Cantuarii n e Arelatensis palhatus privetur authoritate in Epo.
Canon apost. 33 Epi nihil prreter conscientiam capitis gerant pmna
ametrop, ill rt r Lpis ltiic. Cantuar' uspendit a divinis , Ep ob turbatarn
alterins Epi burr dictionem [p. 458] [p. 459] - Quidquid potest
ecclesia totes in episeopos id potest Metrop' in suffraganeos ipsius,
enim nomnine inter eomprovinciales Epos . ille prwest . [p. 464]-
Cone. Sardicensi - Qui ejicitur facultatem habet confugiendi ad
Epum. metropolis ut ipsins causa diligenter cognoscatur.
Causas devolvi ad metropol . per appellationem etiam nova jura
confirmant - de otfic. Leg. c. cum non.
Ex ne,,ligentia Eporum . etiam cause subditorum devolvunt ad
nretropolitannrn . L'ausquisq . Epus. est universal is jure divino sed
jure ecclesiastico ordiuarie metropolitanus solos debet supplere
negligentiaui Epi hullo negotio excepto.
Kotoria crimina subditor - suor-. suffrag. libere corrigat Metropoli
decens C. Romana 6. Quod Abbas intelligit non solurn in
visitatione . [Spat., p. 465.]
Patriarchte nretropolitanornm consecrationem habuerunt [p. 480],
etiann j urisdiction em in illus.
Non omnes eccles i r subjectm sunt patriarchis [p. 487] sed ilia;
sohe quw erant illis subjecttr tempore Concilii Niceni.
AT THE end of Brsrrop DowNES' manuscript is stuck in a printed
copy of Letters Patent of King William III ., dated 7th of April,
11th of the King [ 3.D. ], addressed to the Archbishops and
Bishops of Ireland , authorizing and directing a collection in aid of
the Vaudois inhabiting the valleys on this side of the River Cluson
(whose distressed state is set forth at length) to be made after the
Stir of May, which was appointed for a day of General Fasting and
Humiliation.
Dublin : Priute 4 by Andrew ('rook. m)cxcix.
e