W.S.

Richmond, Sept 21. 1850

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BISHOPS AND THEIR PRECEDENCE. 
(Vol. ii., p. 254.)

Arun is not right, in reference to this Query, in saying that the precedence of bishops over the temporal barons is regulated by the statute of 31 Hen.  VIII.  The precedence of bishops over the temporal lords is not regulated by the Act of 31 Hen.  VIII. for placing the lords.  They may have originally been summoned to sit in parliament in right of their succession to certain baronial lands annexed to, or supposed to be annexed to their episcopal sees; but as some of the temporal peers were also summoned in right of lands held of the king per baroniam, that is not a satisfactory reason why they should take precedence of temporal barons.

The precedency must have been regulated by some other laws, rules, or usage than are presented by the Act of 31 Hen.  VIII.  The Archbishop of Canterbury precedes the Lord Chancellor; the Archbishop of York the Lord President of the Council and the Lord Privy Seal; and all bishops precede barons.  This precedency, however, is not given by the statute.  The Act provides only, in reference to the spiritual peers, that the Vicegerent for good and due ministration of justice, to be had in all causes and cases touching the ecclesiastical jurisdiction, and for the godly reformation and redress of all errors, heresies, and abuses in the {302} Church (and all other persons having grant of the said office), shall sit and be placed in all parliaments on the right side of the parliament chamber, and upon the same form that the Archbishop of Canterbury sitteth on, and above the same archbishop and his successors; and next to the said Vicegerent shall sit the Archbishop of Canterbury; and then, next to him, on the same form and side, shall sit the Archbishop of York; and next to him, on the same form and side, the Bishop of London; and next to him, on the same side and form, the Bishop of Durham; and next to him, on the same side and form, the Bishop of Winchester; and then all the other bishops of both provinces of Canterbury and York shall sit and be placed on the same side, after their ancienties, as it hath been accustomed.

There is nothing here to show in what order they are to rank among the great officers, or other temporal peers; nor is the precedency given to the Lord Chancellor over the Archbishop of York.

By the Act of Union of Great Britain and Ireland, the archbishops of that kingdom have rank immediately after the Archbishop of York, and therefore before the great officers (excepting only the Lord Chancellor), as well as above dukes; and the Irish bishops immediately after those of England.