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NeCede's

Maxim 12.11.16

A bishop need not obey any mandate save the king’s.

Episcopus alterius mandato quam regis non tenetur obtemperare.

Source: Co. Litt. 134; Jackson Difficulty 3/5 — Intermediate

Explanation

A bishop’s temporal allegiance runs to the sovereign alone; no inferior officer or magistrate may command the bishop’s obedience in matters of governance.

Where this applies

  • A county sheriff attempts to order a bishop to testify in a local civil matter, but the bishop is only compelled to obey the sovereign authority, not a local officer.
  • A governor's aide demands that a church leader comply with a subpoena from a state agency, but the bishop's temporal obedience runs only to the highest authority, not to subordinate officials.
  • A municipal inspector tries to compel a bishop to open church records for a local investigation; the bishop refuses, citing that only the sovereign — not a minor functionary — can command his compliance.

Legal domains

See also

Cite this maxim

NeCede Max. 12.11.16 — A bishop need not obey any mandate save the king’s. — Co. Litt. 134; Jackson (Episcopus alterius mandato quam regis non tenetur obtemperare.)

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