et baculum; and when the kings of England and France consented also to alter the form in their kingdoms, and receive only homage from the bishops for their temporalties, instead of investing them by the ring and crozier; the court of Rome found it prudent to suspend for a while its other pretensions (n). This concession was obtained from King Henry the First in England, by means of that obstinate and arrogant prelate, Archbishop Anselm (0): but King John, about a century afterwards, in order to obtain the protection of the pope against his discontented barons, was also prevailed upon to give up by a charter, to all the monasteries and cathedrals in the kingdom, the free right of electing their prelates, whether abbots or bishops (9): reserving only to the crown the custody of the temporalties during the vacancy; the form of granting a licence to elect, (which is the original of our conge d'eslire), on refusal whereof the electors might proceed without it; and the right of approbation afterwards, which was not to be denied without a reasonable and lawful cause (p). This grant was expressly recognised and confirmed in King John's magna carta (q), and was again established by stat. 25 Edw. III. st. 6, s. 3. But by statute 25 Hen. VIII. c. 20, the antient right of nomination was, in effect, restored to the crown (10), it being enacted, that, at every future avoidance of a bishoprick, the king may send the dean and chapter his usual licence to proceed to election; which is always to be accompanied with a (n) Mod. Un. Hist. xxv. 363, xxix. 115. (0) M. Paris, A. D. 1107. (p) M. Paris, A. D. 1214; 1 Rym. Foed. 198. (q) Cap. 1, edit. Oxon. 1759. afterwards (9) See Vol. 4, p. 108. (10) This statute was repealed by 1 Edw. VI. c. 2, which enacted that all bishopricks should be donative as formerly. It states in the preamble that these elections are in very deed no elections; but only by a writ of conge d'elire have colours, shadows, or pretences of election. (1 Burn's Ec. L. 182). This is certainly good sense. For the permission to elect where there is no power to reject can hardly be reconciled with the freedom of election. But this statute was afterwards repealed by 1 Ma. st. 2, c. 20, and other statutes. (12 Co. 7). But the bishopricks of the new foundation were always donative. (Harg. Co. Litt. 134). As also are all the Irish bishopricks by the 2 Eliz. c. 4. (Irish Statutes).—CH. letter missive from the king, containing the name of the per son whom he would have them elect: and, if the dean and chapter delay their election above twelve days, the *nomina- [ *380 ] tion shall devolve to the king, who may by letters patent appoint such person as he pleases. This election or nomination, if it be of a bishop, must be signified by the king's letters patent to the archbishop of the province; if it be of an archbishop, to the other archbishop and two bishops, or to four bishops; requiring them to confirm, invest, and consecrate the person so elected: which they are bound to perform immediately, without any application to the see of Rome. After which the bishop elect shall sue to the king for his temporalties, shall make oath to the king and none other, and shall take restitution of his secular possessions out of the king's hands only. And if such dean and chapter do not elect in the manner by this act appointed, or if such achbishop or bishop do refuse to confirm, invest, and consecrate such bishop elect, they shall incur all the penalties of a pramunire (11). An archbishop is the chief of the clergy in a whole province, and has the inspection of the bishops of that province, as well as of the inferior clergy, and may deprive them on notorious cause (r) (12). The archbishop has also his own dio() Lord Raym. 541. (11) It is directed in the form of consecrating bishops, confirmed by various statutes since the reformation, that a bishop when consecrated must be full thirty years of age. There suffraganei censebantur. Reclamante seems to have been no restriction of (12) In the 11 Will. III. the bishop of St. David's was deprived for simony, and other offences, in a court held at Lambeth before the archbishop, who called to his assistance six other bishops. The bishop of St. David's appealed to the delegates, who affirmed the sentence of the archbishop; and, after several fruitless applications to the court of king's bench and the house of lords, he was at last obliged to submit to the judgment. (Lord Raym. 541; 1 Burn's Ec. L. Archbishop chief whole province. of the clergy in a cese, wherein he exercises episcopal jurisdiction; as in his province he exercises archiepiscopal. As archbishop, he, upon receipt of the king's writ, calls the bishops and clergy of his province to meet in convocation: but, without the king's writ, he cannot assemble them (s). To him all appeals are made from inferior jurisdictions within his province; and, as an appeal lies from the bishops in person to him in person, so it also lies from the consistory courts of each diocese to his archiepiscopal court. During the vacancy of any see in his province, he is guardian of the spiritualties thereof, as the king is of the temporalties; and he executes all ecclesiastical jurisdiction therein. If an archiepiscopal see be vacant, the dean and chapter are the spiritual guardians, ever since the office of prior of Canterbury was abolished at the reformation (t). The archbishop is entitled to present by lapse to all the ecclesias[ *381] tical livings in the disposal of his *diocesan bishops, if not filled within six months. And the archbishop has a customary prerogative, when a bishop is consecrated by him, to name a clerk or chaplain of his own to be provided for by such suffragan bishop; in lieu of which it is now usual for the bishop to make over by deed to the archbishop, his executors and assigns, the next presentation of such dignity or benefice in the bishop's disposal within that see, as the archbishop himself shall choose; which is therefore called his option (u): which options are only binding on the bishop himself who grants them, and not on his successors (13). The prerogative itself To what livings he may present. His option. (13) The consequence is, that the archbishop never can have more than one option at once from the same diocese. These options become the private patronage of the archbishop, and upon his death are transmitted to his personal representatives; or the archbishop may direct, by his will, whom, upon a vacancy, his executor shall present; which direction, according to a decision in the house of lords, his executor is compellable to observe. (1 Burn's Ec. L. 226). If a bishop dies during the vacancy of any benefice within his patronage, the presentation devolves to the crown; so likewise if a bishop dies after an option becomes vacant, and before the archbishop or his representative has presented, and the clerk is instituted, the crown pro hac vice will be entitled to present to that dignity or benefice. (Amb. 101). For the grant of the option by the bishop to the archbishop has no efficacy beyond the life of the bishop. -CH. seems to be derived from the legatine power formerly annexed by the popes to the metropolitan of Canterbury (w). And we may add, that the papal claim itself (like most others of that encroaching see), was probably set up in imitation of the imperial prerogative called primæ, or primariæ preces; whereby the emperor exercises, and hath immemorially exercised (x), a right of naming to the first prebend that becomes vacant after his accession in every church of the empire (y). A right that was also exercised by the crown of England in the reign of Edward I.(z); and which probably gave rise to the royal corodies which were mentioned in a former chapter (a). It is likewise the privilege, by custom, of the archbishop of Canterbury to crown the kings and queens of this kingdom (14). And he hath also, by the statute 25 Hen. VIII. c. 21, the power of granting dispensations in any case, not contrary to the holy scriptures and the law of God, where the pope used formerly to grant them: which is the foundation of his granting special licences, to marry at any place or time, to hold two livings, and the like (15); and on this also is founded the right he exercises of conferring degrees (16), in prejudice of the two universities (b). (w) Sherlock, of Options, 1. (r) Goldast. Constit. Imper. tom. 3, page 406. (y) Dufresne, V. 806; Mod. Univ. Hist. xxix. 5. (z) Rex &c. salutem. Scribatis Episcopo Karl. quod-Roberto de Icard pensionem suam, quam ad preces regis præ (14) It is said that the archbishop of York has the privilege to crown the queen consort, and to be her perpetual chaplain. (1 Burn's Ec. L. 178).-Cн. (15) When the dominion of the pope was overturned in this country, this prerogative of dispensing with the canons of the church was transferred by that statute to the archbishop of Canterbury in all cases in which dispensations were accustomed to be obtained at Rome; but in cases unaccustomed, the matter shall be referred to the king in council. The pope dicto Roberto concessit, de cætero solvat ; (a) Ch. viii. page 284. (b) See the bishop of Chester's case, Oxon. 1721. could have dispensed with every eccle- (16) But although the archbishop Of the power and authority of a bishop. Archbishopricks and bishopricks become void by death, deprivation, and resignation. II Of the dean and chapter. Deans elected in the same manner as bishops. The power and authority of a bishop, besides the administration of certain holy ordinances peculiar to that sacred order, consist principally in inspecting the manners of the people and clergy (17), and punishing them in order to reformation, by ecclesiastical censures. To this purpose he has several courts under him, and may visit at pleasure every part of his diocese. His chancellor is appointed to hold his courts for him, and to assist him in matters of ecclesiastical law; who, as well as all other ecclesiastical officers, if lay or married, must be a doctor of the civil law, so created in some university (c). It is also the business of a bishop to institute, and to direct induction, to all ecclesiastical livings in his diocese. Archbishopricks and bishopricks may become void by death, deprivation for any very gross and notorious crime (18), and also by resignation. All resignations must be made to some superior (d). Therefore, a bishop must resign to his metropolitan; but the archbishop can resign to none but the king himself (19). II. A dean and chapter are the council of the bishop, to assist him with their advice in affairs of religion, and also in the temporal concerns of his see (e). When the rest of the clergy were settled in the several parishes of each diocese, (as hath formerly (f) been mentioned), these were reserved for the celebration of divine service in the bishop's own cathedral; and the chief of them, who presided over the rest, obtained the name of decanus or dean, being probably at first appointed to superinted ten canons or prebendaries. All antient deans are elected by the chapter, by conge d'eslire from the king, and letters missive of recommendation ; (c) Stat. 37 Hen. VIII. c. 17. is called a Lambeth degree; as, for (17) See ante, p. 376, n. 1. (e) 3 Rep. 75; Co. Lit. 103, 300. (f) Pages 113, 114. popular distinctions between archbishops and bishops. The archbishops have the titles and styles of grace, and most reverend father in God, by divine providence; the bishops, those of lord, and right reverend father in God, by divine permission. Archbishops are inthroned, inthronizati; bishops installed. -CH. |