as not to be denied without a
reasonable and lawful cause[p]. This grant was expressly recognized
and confirmed in king John's _magna carta_[q], and was again
established by statute 25 Edw. III. st. 6. Sec. 3.
[Footnote o: M. Paris. _A.D._ 1107.]
[Footnote p: M. Paris. _A.D._ 1214. 1 Rym. _Foed._ 198.]
[Footnote q: _cap._ 1. _edit. Oxon._ 1759.]
BUT 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 send 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 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
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 arch-bishop or bishop do refuse to confirm, invest, and
consecrate 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 cause[r]. The
arch-bishop has also his own diocese, wherein he exercises episcopal
jurisdiction; as in his province he exercises archiepiscopal. 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[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 arc
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