of ecclesiastical cognizance, there the bishop must give notice to the
patron of such his cause of refusal, who, being usually a layman, is
not supposed to have knowlege of it; else he cannot present by lapse:
but if the cause be temporal, there he is not bound to give notice[e].

[Footnote z: A layman may also be presented; but he must take priests
orders before his admission. 1 Burn. 103.]

[Footnote a: 2 Roll. Abr. 355.]

[Footnote b: Glanv. _l._ 13. _c._ 20.]

[Footnote c: 2 Roll. Abr. 356. 2 Inst. 632. Stat. 3 Ric. II. c. 3. 7
Ric. II. c. 12.]

[Footnote d: 5 Rep. 58.]

[Footnote e: 2 Inst. 632.]

IF an action at law be brought by the patron against the bishop, for
refusing his clerk, the bishop must assign the cause. If the cause be
of a temporal nature and the fact admitted, (as, for instance,
outlawry) the judges of the king's courts must determine it's
validity, or, whether it be sufficient cause of refusal: but if the
fact be denied, it must be determined by a jury. If the cause be of a
spiritual nature, (as, heresy, particularly alleged) the fact if
denied shall also be determined by a jury; and if the fact be admitted
or found, the court upon consultation and advice of learned divines
shall decide it's sufficiency[f]. If the cause be want of learning,
the bishop need not specify in what points the clerk is deficient, but
only allege that he _is_ deficient[g]: for the statute 9 Edw. II. st.
1. c. 13. is express, that the examination of the fitness of a person
presented to a benefice belongs to the ecclesiastical judge. But
because it would be nugatory in this case to demand the reason of
refusal from the ordinary, if the patron were bound to abide by his
determination, who has already pronounced his clerk unfit; therefore
if the bishop returns the clerk to be _minus sufficiens in
literatura_, the court shall write to the metropolitan, to reexamine
him, and certify his qualifications; which certificate of the
arch-bishop is final[h].

[Footnote f: 2 Inst. 632.]

[Footnote g: 5 Rep. 58. 3 Lev. 313.]

[Footnote h: 2 Inst. 632.]

IF the bishop hath no objections, but admits the patron's
presentation, the clerk so admitted is next to be instituted by him;
which is a kind of investiture of the spiritual part of the benefice:
for by institution the care of the souls of the parish is committed to
the charge of the clerk. When a vicar is instituted, he (besides the
usual forms) takes, if required by the