hiepiscopal 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 arch-bishop is entitled to present by lapse to all
the ecclesiastical livings in the disposal of his diocesan bishops,
if not filled within six months. And the arch-bishop 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 arch-bishop, his executors and assigns, the next presentation of
such dignity or benefice in the bishop's disposal within that see, as
the arch-bishop himself shall choose; which is therefore called his
option[u]: which options are only binding on the bishop himself who
grants them, and not his successors. The prerogative itself 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 _primae_ or
_primariae 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 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 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: and on this also is founded the right he exercises of
conferring degrees, in prejudice of the two universities[b].
[Footnote r: Lord Raym. 541.]
[Footnote s: 4 Inst. 322, 323.]
[Footnote t: 2 Roll. Abr. 223.]
[Footnote u: Cowel's interpr. tit.
|