clared by the Pope to be in the Chapter only, which in that Age did generally confift of Monks, who were put into Cathedral Churches by Archbishop Dunftan in the Reign of King Edgar, and the Secular Clerks were then turned out, yet in fome Foreign Churches the Provincial Bishops continued after this (and perhaps may do fo ftill) to give their Suffrage in Elections, as appears from a Decretal Decret. Greg Epistle of the above-mentioned Innocent III. tosi. the Prior and Chapter of Strigonium, wherein he requires 'em to proceed to the Election of an Archbishop, but not without the Suffrage of the Provincial Bishops if it has been Cuftomary to require their Confent.

The Right of Elections feems therefore to have been devolved upon the Chapter rather by Custom than any Constitution. The Council of Arles, as has been obferved, made a Decree, That to avoid Ambition and Simony, the Bishops fhould name, Three Perfons, whereof the Clergy and People fhould choofe one, But when Princes began to inveft whom they pleased, and the Parochial Clergy and People of the Diocefs found their Elections were meerly formal, they did not think it worth their while to leave their other Affairs to meet at the Affemblies for Elections, and by Degrees left it wholly to the Chapter, who heing always Refident in the Cathedral Churches, could more eafily meet there for that purpose: And the Provincial Bifhops gave their Affent, to the Election, when they Affembled to Confecrate the Elect. But all this as it referred to Election being only matter of Form, they by Degrees neglected to Affemble all of them together, only Three or Four were command

E e 2

ed

1. 1. Tit. s. c. 4.

ed by the Prince, to Confecrate whom he had Invested or Nominated, and caused to be Elected by the Chapter, which they did as in Obedience to him, and concerned themselves no further. And thus I am perfwaded, that the whole Form of Election in process of time devolved to the Chapter only by long prefcription. Tho' in England the Bishops feem to have preferved their Right in concurrence with the Chapter, till the above mentioned decifion of the Pope, who deprived them of their Right, becaufe they were not so obfequious to him as the Monkish Chapters.

$21.

CHAP. XXI.

Of the Conge de eflire..

After many hot Controverfies about Ele

&tions and Nominations to Bishopricks, Mat. Paris, p. King John by his Charter, bearing date Jan. 15. in the Sixteenth Year of his Reign, and of our Lord 1215, granted with the common confent of his Barons, That all Cathedral Churches and Convents fhould be free • in the Elections of their Prelates, faving to • himself and his Heirs the Custody of vacant Churches and Monafteries. And that he will not hinder them any manner of ways, to choose a new Paftor upon a vacancy, pro'vided that they first crave leave of him and his Heirs to proceed to an Election. From hence came the ufe of the Conge de Eflire, which he also promifes he will not deny or defer:

• defer: And if it be denied or deferred, that ◄ then the Electors may nevertheless proceed

to a Canonical Election. But after the Ele&tion, his approbation alfo must be asked, which he alfo promises fhall not be denied " without good Reafon alledged and proved. This Charter was afterwards confirmed by Magna Charta, and many fucceeding Parlia

ments.

Hereby it appears, that by the Tenor of this Charter, the Chapter was not obliged abfolutely to choose the Person whom the King fhould nominate or recommend to them; nor yet the King to approve the Election made by them. This occafion'd diverse Controversies between the King and the Chapters, which caufed frequent Appeals to Rome, (becaufe the Pope was then thought to be the only proper Judge of thefe Rights) as appears from the

Election of an Archbishop, in the room of Mat. Par.p.i Stephen Langton, and of a Bishop of Winchester, 350. & 372. upon the Death of Peter de Rupibus, and diverse other instances of the like Nature. By this means the Papal provisions were introduc'd

point. §. 1. Verb.

into this Realm; † For the Popes as Vicars Inftit Jur.Can.Tit. of Chrift challeng'd a Superintendency over all Qui eligere eligire Churches, and a power of nominating Bishops hodie in Glofs. for all vacant Sees, especially when there was any Controverfie about the Election; tho' they did not always wait for that, as appears in the Confecration of John Peckham, Walter Reynolds, and a great many more, mention'd by the Author of Antiquates Brittannica, and other of our Ecclefiaftical Hiftorians: And even where the King and Chapter had no difference, as in the Cafe of Henry Chichley, John Kempe, and diverfe others, the Pope would

Eę 3

either

either refcind and nullifie the Election, or else take no notice of it at all, and confer the Bishoprick on the fame Perfon by his own Authority: And this he called providing for the Church. Whereby it came to pafs that for several Ages we had few Bishops who did not proffefs their Sees by virtue of thefe Papal Provisions, notwithstanding the many repeated Statutes against this intolerable Ufurpation: Yet fuch was the facility of our Princes in this point, and fuch the Power and Authority of the See of Rome in this Realm, that no effectual stop could be put to this egregious abuse, till the Reign of Henry VIII. When the Papal Yoke was perfectly thrown off.

Then it was established by an Act of Parliament, That at every Avoidance of an Archbishop or Bishoprick within this Realm, or in any other of the King's Dominions, the King may fend to the Prior and Convent or Dean and Chapter of the Place which shall be void, a License under the Great Seal to proceed to an Election of an Archbishop or Bishop of the See fo being void, with a Letter Millive with the name of the Perfon whom they fhall Eléct or Choose: Which Perfon they are to choose and no other. And in Cafe they defer the Election above twelve Days after the Receipt of the faid Licenfe and Letters Miffive, then the King fhall Nominate by his Letters Patents fuch a Perfon to the faid Office and Dignity as he fhall think able and convenient for the fame. And the King fhall appoint the Archbishop with two other Bishops, or if there be no Archbishop, then Four Bifhops to Confecrate and Inveft the Perfon fo Nominated

on

or Elected. And if the Prior and Convent or Dean and Chapter proceed not to Election within the Time limited, or neglect to certifie the Archbishop of fuch Election if it be of a Bishop, or the King if it be of an Archbishop within twenty Days after the Receipt of the King's Licenfe, or if any Archbishop or Bifhop refufe to Confecrate the Perfon fo Elected or nominated, within twenty Days after fuch Election or Nomination is Signified to 'em by the Kings Letters-Patents, or if any of them or any other Perfon, Sue, Procure or obtain any Bulls, Letters or other things from the See of Rome upon this Occafion, or do any thing 'contrary to this Act, he fhall incur the Dangers, Pains and Penalties of the Statute of Provifion and Pramunire made in the Five and • Twentieth Year of the Reign of King Edward

.

· III.

Sect. 21.

(a) In the Reign of King Edward VI. when (4) Godolph. fome Perfons were not for leaving the Clergy Abr. Chap. 3. any Shadow of their ancient Rights or Priviledges, (b) a New A&t was made with Relation (6) 1 Ed. 6. c.2. to his Affair, Entituled An Act for Election, and what Seals and Stiles fhall be ufed by Spiritual Perfons, &c. In which it was ordained, That Bishops fhould be made by the Kings Letters-Patents, and not by the Election of the Deans and Chapters: That all their Proceffes and Writings Should be made in the Kings name only, with the Bishops Tefte added to it; and Sealed with no other Seal than the Kings, or fuch as should be Autho rized and appointed by him. In the compounding of which Act there was more Danger (as Dr. Heylin obferves) couched, than at first appeared. For by the last Branch thereof it was plain and Ee 4

evident