Notes And Queries, Number 49, October 5, 1850

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The precedence of bishops over barons was clearly _disputed_ in thereign of King Henry VI. , when Baker says in his _Chronicle_ (p. 204. ), _judgment_ was given for the _lords temporal_; but where the judgment, or any account of the dispute for precedence, is to be found I cannotsay. That is what your correspondent G. Inquired for (Vol. Ii. , p. 76. ).
C. G.
Your correspondent ARUN (Vol. Ii. , p. 254. ) states, on the authority ofStephen's _Blackstone_, that-- "Bishops are temporal barons, and
...sit in the House of Peers in right of succession to certain ancient baronies annexed or supposed to be annexed to their episcopal lands. " This position, though supported by Lord Coke in more places than one(see _Coke upon Littleton_, 134. _a, b_; 3 _Inst. _ 30. ; 4 _Inst. _ 44. ), and adopted by most other legal text-writers on his authority, cannot, it is conceived, be supported. It seems to be clearly ascertained thatbishops sat in the great councils of this and other kingdoms not_ratione baroniarum_ but _jure ecclesiarum_, by custom, long before thetenure _per baroniam_ was known.

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