Browsing: Legal Papers of John Adams, Volume 2

“Acts done by an Officer De Facto, and not De Jure, are good; As if one being created Bishop, the former Bishop not being deprived or removed, admits one to a Benefice upon a Presentation, or collates by lapse, these are good and not avoidable. Arg. Quod Curia Concessit; for the Law favours Acts of one in a reputed Authority, and the inferior shall never inquire if his Authority be lawful. Cro. E. 699. Mich. 41 & 42 Eliz. B.R. in Case of Harris v. Jays. [In the margin:] S.P. Where the Bishop De Facto made a Lease which was confirmed by the Dean and Chapter, and after the Bishop De Jure died in the Life of the Bishop De Facto; it was resolved, that he not being lawful Bishop, and this Lease being to charge the Possessions of the Bishoprick, it is void; altho' all Judicial Acts, as Admissions, Institutions, Certificates, &c. shall be good; but not such voluntary Acts as tend to the Depauperation of the Successor, and so affirmed a Judgement given in B.R. in Ireland. Cro. J. 552, 554. Reuan Obrian & al. v. Knivan.”