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NeCede's

Maxim 12.11.17

No other than the king can command the bishop to make an inquisition.

Nullus alius quam rex possit episcopo demandare inquisitionem faciendam.

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

Explanation

The power to direct a bishop to conduct an inquiry belongs exclusively to the sovereign; no lesser authority may co-opt the ecclesiastical office for investigative purposes.

Where this applies

  • A local magistrate orders a bishop to investigate misconduct within the diocese, but only the sovereign has the authority to direct such an ecclesiastical inquiry.
  • A state attorney general demands that a bishop conduct an internal audit of church properties — the bishop refuses because the power to command such an inquisition belongs exclusively to the crown or its equivalent.
  • A city council passes a resolution requiring the local bishop to investigate and report on charitable fund usage; the bishop is not bound because only the highest civil authority can make that demand.

Legal domains

See also

Cite this maxim

NeCede Max. 12.11.17 — No other than the king can command the bishop to make an inquisition. — Co. Litt. 134; Jackson (Nullus alius quam rex possit episcopo demandare inquisitionem faciendam.)

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