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insufficiently qualified, they are bound to institute him, or to license him, as the case may be, to the benefice, and thereupon to send their mandate to the archdeacon to induct him into the temporalities of the benefice. Where the bishop himself is patron of a benefice within his own diocese he is empowered to collate a clerk to it,--in other words, to confer it on the clerk without the latter being presented to him. Where the clerk himself is patron of the living, the bishop may institute him on his own petition. (See BENEFICE.) As spiritual peers, bishops of the Church of England have (subject to the limitations stated below) seats in the House of Lords, though whether as barons or in their spiritual character has been a matter of dispute. The latter, however, would seem to be the case, since a bishop was entitled to his writ of summons after confirmation and before doing homage for his barony. Doubts having been raised whether a bishop of the Church of England, being a lord of parliament, could resign his seat in the Upper House, although several precedents to that effect are on record, a statute of the realm, which was confined to the case of the bishops of London and Durham, was passed in 1856, declaring that on the resignation of their sees being accepted by their respective metropolitans, those bishops should cease to sit as lords of parliament, and their sees should be filled up in the manner provided by law in the case of the avoidance of a bishopric. In 1869 the Bishops' Resignation Act was passed. It provided that, on any bishop desiring to retire on account of age or incapacity, the sovereign should be empowered to declare the see void by an order in council, the retiring bishop of archbishop to be secured the use of the episcopal residence for life and a pension of one-third of the revenues of the see, or L2000, whichever sum should prove the larger. Other sections defined the proceedings for proving, in case of need, the incapacity of a bishop, provided for the appointment of coadjutors and defined their status (Phillimore i. 82). In view of the necessity for increasing the episcopate in the 19th century and the objection to the consequent increase of the spiritual peers in the Upper House, it was finally enacted by the Bishoprics Act of 1878 that only the archbishops and the bishops of London, Winchester and Durham should be always entitled to writs summoning them to the House of Lords. The rest of t
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