and this, whether the Right be Original, or on ly by Lapfe: and if the Keeper do give a Pre fentation under the Broad-Seal, for one of the Benefices in the King's immediate Gift, yet i the Clerk get Induction by Virtue of that Pre fentation, it feems it fhall be good; except the King do repeal fuch Prefentation of the Chan cellor (of which Prefentation he need give no Notice to the Bishop) before fuch Induction See Watf. c. 10. p. 155, 156.

10. No Benefice can Lapfe from the King to the Ordinary, or other Perfon..

TH

CHAP. VI.

Of Archbishops and Bishops.

HIS Church, as all others, was from the beginning of Chriftianity govern'd by BiShops. We meet with three of them, in the Lift of Bishops, and others prefix'd to the Synod of Arles, A. D. 314. (if that Lift be ge nuine) and there were three others at the Council of Ariminum, A. D. 359. Faftidius, a Britifh Bifhop, had a Book (ftill extant) De vita Chriftiana, he flourish'd in 420. Bede menti ons no less than feven British Bifhops meeting Auftin at the fecond Interview, L. 2. c. 2. who all ftifly oppofed the Pope's Ufurpation.

A brief

A brief Account of the whole Process, which is by Law ufed in creating a Bishop, here follows.

his

Upon the Vacancy of a See, the Dean and Chapter are to certify the King thereof in Chansery, and to requeft his Leave to chufe another Bihop. The King, at his Pleafure, fends his Conge de eflire (i. e. leave to Elect) to the Dean and Chapter, nominating the Perfon whom he thinks fit to be chofen. The Dean and Chapter are obliged, within 20 Days next after the receipt of this Licenfe, to make the Election, which, being accepeed by the Party elected, is certified both to the King and Archbishop of the Province. The King hereupon grants Royal Affent under the Broad-Seal, directed to the Archbishop, together with a Mandate to confirm and confecrate him. The Archbishop gives a Commiffion to his Vicar-General to proceed to Confirmation, which is a long and formal Procefs; but the moft obfervable Parts of it are, a Citation of all fuch as have any Objections against the Bishop Elect, to appear and offer them; and a deduction of all that has paft in relation to the Election, and the Royal Affent, the Particulars whereof are exhibited by the Proctor of the Dean and Chapter to the VicarGeneral; after which, the Oaths of Supremacy, Simony, and Canonical Obedience, are taken by the Bishop Elect; upon which Sentence is read, and fubfcribed by the Vicar General, whereby the Election is ratify'd, and decreed to be good. Next follows the Confecration, performed by the

Arch

Archbishop and two other Bishops at leaft, or by four other Bifhops; then the Archbishop fends a Mandate to his own Archdeacon to inthrone the Bishop in that Cathedral Church which belongs to his See, which is ofteneft done by Proxy. And the publick Notary, there prefent, records the whole Procefs in an Authentick Inftrument, to be kept to Pofterity. After which the new Bishop is introduced to the King to do Homage.

Between the Election, and Confecration, the intended Bishop's Title is, The Lord Elect of... See Stat. 25 Hen. VIII. 20. upon his Confecration he has a Right to the Temporalities, but cannot Sue for them till his Confecration be certified by the Archbishop; but the King may grant the Bishop his Temporalities immediately after Confirmation. By his Confirmation he is inftated in the Jurifdiction of his Diocefe, fo as to excommunicate, and certify it; and therefore the Power of the Guardians of the Spiritualities ceafes, from that Time forward. Godolp. c. 2. fec. 6, 9.

Upon the Tranflation of a Bishop to another See, the fame Forms are repeated, only the Confecration omitted; but the Election is confirmed by the Archbishop, and two other Bifhops. And when an Archbishop is to de created, the Royal Commiffion is fent to the other Archbishop, and two Bishops, or else to four Bishops. See 25 H. VIII. & 20.

And here it is to be obferv'd, that the Bishop's Jurifdiction is confin'd to a Place, viz. his own Diocefe, and therefore he cannot excommunicate thofe of another Diocefe, nor inftitute a Clerk in

to

to a Benefice that lies within the Bounds of another Bishoprick, (tho' it is not neceffary that the Bifhop be within his own Diocese when he inftitutes, but that the Benefice to which he inftitutes be fo.) Watf.c. 15. p. 109. But as to his Power of Orders, that is univerfal, infomuch that Irish Bishops Ordain in England; nay, we are told, that the Bishop of Spalato, while he was amongst us, conferr'd Holy Orders; and the validity of Orders fo given is not difputed; but regularly, Leave ought to be afk'd of the Bishop, within whofe Diocese Ordination is perform'd; and by the Conftitution of Edmund, Archbishop of Canterbury, Clerks thus irregularly Ordain'd, are fufpended, till they purchase a Difpenfati on. See Lynd. L. 1. Tit. 4.

ARCHBISHOP S.

As Bp. Beveridge hath learnedly proved, that Metropolitans, or Archbishops are as antient as the Apoftolical Times, tho they were not for fome Ages called by either of thefe Names, or Titles, but only * Primi Epifcopi ; fo the old British Chriftians are believed to have had at least one Archiepifcopal See amongst them, before the Times of Auftin the Monk, viz. at Caerleon, or Llandaff, as fome would have it. See Still. Or, Br. p. 202.

Bp. Stilling fleet labours to prove, that London was an Archbishop's See before the Invafion of the Saxons; but Bp. Beveridge truly fays, that this is wholly uncertain. Pope Gregory's Letter

See Bey, on the Apoft. Can. de Metropol.

to

to Austin, Bed. L. 1. c. 29. orders his Metropoli tical See to be at London: but perhaps that Letter is not genuine, at least King Alfred did not think it fo; for he has not tranflated it; or if the Pope did fo intend it, he was over-rul'd by King Ethelbert. For it is certain that Austin fix'd his Archiepifcopal Chair at Canterbury, which was then the Capital of Ethelbert's Kingdom, whofe Dominion reach'd from Kent to the River Humber: and ever fince that Time Canterbury has been an Archbishop's See. 'Tis true, King Offa erected another at Litchfield, in the Time of Archbishop Lambert, 786. and laid the greatest half of the Province to it; but this was of fcarce Ten Years duration.

The Archbishop of Canterbury.

Dr. William Wake, the prefent Archbishop, is the 81ft from St. Auguftin, taking in Elfin, Reginald, and John Uferd, (who did not live to be Confecrated) but not Roger Walden, who yet acted as Archbithop, during Arundel's Exile. The prefent Archbishop was tranflated from Lincoln, &c.

The Privileges belonging to this See are;

1. To call the Bishops and Clergy to Convocation, which before the Stat. 25 H. VIII. the Archbishop did without a Royal Licenfe, or Mandate but fince that Act, he is not to do it under pain of Præmunire, without leave from the Crown, which is legally and of courfe granted, fo often as a new Parliament is call'd, and to him the Elections are return'd.