dering the clergy intirely independent of the civil authority: and long and eager were the contests occasioned by this dispute. But at length when the emperor Henry V agreed to remove all fufpicion of encroachment on the spiritual character, by conferring investitures for the future per fceptrum and not per annulum 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 crofier; the court of Rome found it prudent to fufpend for a while it's other pretensions ".

THIS conceffion was obtained from king Henry the first in England, by means of that obftinate and arrogant prelate, archbishop Anfelm°: but king John (about a century afterwards) in order to obtain the protection of the pope against his discontented barons, was 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: referving 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' eflire) 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 caufe. This grant was expreffly recognized and confirmed in king John's magna carta, and was again established by statute 25 Edw. III. ft. 6. §. 3.

Bur by statute 25 Hen. VIII. c. 20. the antient right of nomination was, in effect, restored to the crown : it being enacted that, at every future avoidance of a bishoprick, the king may fend the dean and chapter his usual licence to proceed to election; which is always to be accompanied with a letter missive from the king, containing the name of the person whom he would have them elect: and, if the dean and chapter delay their election above

■ Mod. Un. Hift. xxv. 363. xxix. 115. • M. Paris. A. D. 1107.

PM. Paris. A D.1214. 1 Rym. Foed 198. 9 cap. 1. edit. Oxon. 1759.

twelve days, the nomination 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 arch-bishop of the province; if it be of an arch-bishop, to the other arch-bishop and two bishops, or to four bishops; requiring them to confirm, invest, and confecrate 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 fue 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 arch-bishop or bishop do refuse to confirm, invest, and confecrate such bishop elect, they shall incur all the penalties of a praemunire.

An arch-bishop 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 caufe". The arch-bishop has also his own diocese, wherein he exercises epifcopal jurifdiction; as in his province he exercises archiepifcopal. As arch-bishop, 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. To him all appeals are made from inferior jurifdictions within his province; and, as an appeal lies from the bishops in person to him in person, so it also lies from the confiftory courts of each diocese to his archiepifcopal court. During the vacancy of any fee in his province, he is guardian of the spiritualties thereof, as the king is of the temporalties; and he executes all ecclefiaftical jurifdiction therein. If an archiepifcopal see be vacant, the dean and chapter are the spiritual guardians, ever since the office of prior of Canterbury was abolished at the reformation'. The arch-bishop is entitled to present by lapse to all the ecclefiaftical livings in the disposal of his diocesan bishops, if not filled within fix months. And the arch-bishop has a customary prerogative, when a bishop is confecrated by him, to name a clerk or chaplain of his own to be provided for by fuch fuffragan bishop; in lieu of which it is now usual for the bishop to make over by deed to the arch-bishop, his executors and affigns, the next presentation of such dignity or benefice in the bishop's disposal within that fee, as the arch-bishop himself shall choose; which is therefore called his option": which options are only binding on the bishop himself who grants them, and not his fuccessors. The prerogative itself seems to be derived from the legatine power formerly annexed by the popes to the metropolitan of Canterbury". And we may add, that the papal claim itself (like most others of that encroaching see) was probably fet up in imitation of the imperial prerogative called primae or primariae preces; whereby the emperor exercises, and hath immemorially exercised*, a right of naming to the first prebend that becomes vacant after his acceffion in every church of the empire. A right, that was also exercised by the crown of England in the reign of Edward I2; and which probably gave rise to the royal corodies, which were mentioned in a former chapter. It is also the privilege, by custom, of the arch-bishop of Canterbury, to crown the kings and queens of this kingdom. And he hath also by the ftatute 25 Hen. VIII. c. 21. the power of granting difpensations in any cafe, not contrary to the holy fcriptures 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: and on this alfo is founded the right he exercises of conferring degrees, in prejudice of the two universities :

THE power and authority of a bishop, befides the administration of certain holy ordinances peculiar to that facred order, confifts principally in infpecting the manners of the people and clergy, and punishing them, in order to reformation, by ecclefiaftical cenfures. To this purpose he has feveral 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 ecclefiaftical law; who, as well as all other ecclefiaftical officers, if lay or married, must be a doctor of the civil law, so created in fome university. It is also the business of a bishop to institute and to direct induction to all ecclefiaftical livings in his diocefe.

ARCHBISHOP RICKS and bishopricks may become void by death, deprivation for any very gross and notorious crime, and also by refignation. All refignations must be made to fome fuperior d. Therefore a bishop must resign to his metropolitan; but the arch-bishop can refign to none but the king himself.

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 fee. When the rest of the clergy were settled in the several parishes of each diocese (as hath formerly been mentioned) these were referved for the celebration of divine service in the bishop's own cathedral; and the chief of them, who prefided over the rest, obtained the name of decanus or dean, being probably at first appointed to fuperintend ten canons or prebendaries.

ALL antient deans are elected by the chapter, by conge d'eflire from the king, and letters miffive of recommendation; in the fame manner as bishops: but in those chapters, that were founded by Henry VIII out of the spoils of the dissolved monafteries, the deanery is donative, and the installation merely by the king's

3 Rep. 75. Co. Litt. 103, 300.

f

letters patent. The chapter, confifting of canons or prebendaries, are sometimes appointed by the king, sometimes by the bishop, and sometimes elected by each other.

THE dean and chapter are, as was before observed, the nominal electors of a bishop. The bishop is their ordinary and immediate superior; and has, generally speaking, the power of vifiting them, and correcting their excesses and enormities. They had also a check on the bishop at common law: for till the statute 32 Hen. VIII. c. 28. his grant or lease would not have bound his successors, unless confirmed by the dean and chapter.

DEANERIES and prebends may become void, like a bishoprick, by death, by deprivation, or by refignation to either the king or the bishopi. Also I may here mention, once for all, that if a dean, prebendary, or other spiritual person be made a bishop, all the preferments he was before possessed of are void; and the king may present to them in right of his prerogative royal. But they are not void by the election, but only by the confecration'.

III. An arch-deacon hath an ecclefiaftical jurifdiction, immediately fubordinate to the bishop, throughout the whole of his diocese, or in some particular part of it. He is usually appointed by the bishop himself; and hath a kind of epifcopal authority, originally derived from the bishop, but now independent and diftinct from his k. He therefore visits the clergy; and has his feparate court for punishment of offenders by spiritual censures, and for hearing all other causes of ecclefiaftical cognizance.

IV. THE rural deans are very antient officers of the church', but almost grown out of use; though their deaneries still fubfift as an ecclefiaftical divifion of the diocese, or archdeaconry. They seem to have been deputies of the bishop, planted all round his

2 Roll. Abr. 352. Salk.137.
*1 Burn. eccl. law. 68, 69.
1 Kennet. par. antiq. 633.
Yy 2