prince's delivering to the prelate a ring, and a pastoral staff or
crosier; pretending, that this was an encroachment on the church's
authority, and an attempt by these symbols to confer a spiritual
jurisdiction: and pope Gregory VII, towards the close of the eleventh
century, published a bulle of excommunication against all princes who
should dare to confer investitures, and all prelates who should
venture to receive them[m]. This was a bold step towards effecting the
plan then adopted by the Roman see, of rendering 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 suspicion of encroachment on the
spiritual character, by conferring investitures for the future _per
sceptrum_ 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 crosier; the court of Rome
found it prudent to suspend for a while it's other pretensions[n].

[Footnote h: _per clerum et populum._ Palm. 25. 2 Roll. Rep. 102. M.
Paris. _A.D._ 1095.]

[Footnote i: _Decret._ 1. _dist._ 63. _c._ 22.]

[Footnote k: Palm. 28.]

[Footnote l: "_Nulla electio praelatorum (sunt verba Ingulphi) erat
mere libera et canonica; sed omnes dignitates tam episcoporum, quam
abbatum, per annulum et baculum regis curia pro sua complacentia
conferebat._" _Penes clericos et monachos fuit electio, sed electum a
rege postulabant._ Selden. _Jan. Angl._ l. 1. Sec. 39.]

[Footnote m: _Decret._ 2. _caus._ 16. _qu._ 7. _c._ 12 & 13.]

[Footnote n: Mod. Un. Hist. xxv. 363. xxix. 115.]

THIS concession was obtained from king Henry the first in England, by
means of that obstinate and arrogant prelate, arch-bishop Anselm[o]:
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: 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 w