are the revenues, lands, tenements, and lay-fees, belonging to bishops, as they are barons and lords of parliament.

The custody of the temporalities of bishops forms a branch of the king's ordinary revenues (see Revenue).—These, upon the vacancy of the bishopric, are immediately the right of the king, as a consequence of his prerogative in church matters; whereby he is considered as the founder of all archbishoprics and bishoprics, to whom, during the vacancy, they revert. And for the same reason, before the dissolution of abbeys, the king had the custody of the temporalities of all such abbeys and priories as were of royal foundation (but not of those founded by subjects), on the death of the abbot or prior. Another reason may also be given why the policy of the law hath vested this custody in the king; because, as the successor is not known, the lands and possessions of the see would be liable to spoil and devastation if no one had a property therein. Therefore the law has given the king, not the temporalities themselves, but the custody of the temporalities, till such time as a successor is appointed; with power of taking to himself all the intermediate profits, without giving any account to the successor; and with the right of presenting (which the crown very frequently exercises) to such benefices and other preferments as fall within the time of vacation. This revenue is of so high a nature, that it could not be granted out to a subject, before or even after it accrued: but now, by the statute 15 Edw. III. st. 4. c. 4 & 5, the king may, after the vacancy, lease the temporalities to the dean and chapter; favoring himself all advowsons, echeats, and the like. Our ancient kings, and particularly William Rufus, were not only remarkable for keeping the bishoprics a long time vacant, for the sake of enjoying the temporalities, but also committed horrible wastes on the woods and other parts of the estate; and to crown all, would never, when the fee was filled up, restore to the bishop his temporalities again, unless he purchased them at an exorbitant price. To remedy which, king Hen. I. granted a charter at the beginning of his reign, promising neither to sell, nor let to farm, or take anything from, the domains of the church, till the successor was installed. And it was made one of the articles of the great charter, that no waste should be committed in the temporalities of bishoprics, neither should the custody of them be sold. The same is ordained by the statute of Westminster first; and the statute 14 Edw. III. st. 4. c. 4. (which permits a lease to the dean and chapter) is still more explicit in prohibiting the other exactions. It was also a frequent abuse, that the king would, for trifling or no causes, seize the temporalities of bishops, even during their lives, into his own hands: but this is guarded against by statute 1 Edw. III. st. 2. c. 2.

This revenue of the king, which was formerly very considerable, is now by a customary indulgence almost reduced to nothing: for, at present, as soon as the new bishop is consecrated and confirmed, he usually receives the restitution of his temporalities quite entire and untouched from the king; and then, and not sooner, he has a fee-simple in his bishopric, and may maintain an action for the profits.