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pope's mandate was in like manner demanded, as is required in Consecration,

the pontifical) (d).

And the oaths of allegiance and supremacy shall be ministered to the persons elected (e).

And then shall also be ministered unto them the oath of due obedience to the archbishop, as followeth :

In the name of God, amen. I, N., chosen bishop of the church and see of P., do profess and promise all due reverence and obedience to the archbishop, and to the metropolitical church of C. and to their successors: so help me God, through Jesus Christ.

But this oath shall not be made at the consecration of an archbishop (f).

To the Archbishop and to the Metropolitical Church.] That is, either when the see is full, or else in the vacation, when the whole archiepiscopal jurisdiction is vested in the dean and chapter (g).

Then after divers questions and answers touching the episcopal office, and before the act of consecration, the bishop elect shall put on the rest of the episcopal habit (h).

According to the office in the 3 Edw. 6, the pastoral staff was delivered to the bishop; which delivery in the Roman pontifical is preceded by a consecration of the staff; and followed by the consecration and putting on of a ring, in token of his marriage to the church; and of a mitre as an helmet of strength and salvation, that his face being adorned, and his head (as it were) armed with the horns of both testaments, may appear terrible to the adversaries of the truth, as also in imitation of the ornaments of Moses and Aaron; and of gloves, in token of clean hands and heart to be preserved by him. All which, and many other like ceremonies, our church hath laid aside; retaining only such as are most ancient and most grave (i).

But at the end of the Common Prayer Book, established by parliament in the second year of Edward VI., it is ordered, that whensoever the bishop shall celebrate the holy communion, or exercise any other public administration, he shall have upon him, besides his rochet, a surplice or alb, and a cope or vestment, and also his pastoral staff in his hand, or else borne or holden by his chaplain.

And in the rubric before the Common Prayer in our present liturgy, it is ordered, that such ornaments of the church, and [210] of the ministers thereof at all times of their ministration, shall be retained and be in use, as were in this Church of England by the authority of parliament, in the second year of the reign of King Edward VÍ.

(d) Form of Consecr.

(e) Form of Consecr.; 1 Will. c. 8.

Form of Consecr.

(g) Gibs. 117.
(h) Form of Consecr.

Gibs. 118.

Consecration.

Translation.

"And" If any archbishop or bishop after such election, nomination or presentation shall be signified unto them by the king's letters patents, shall refuse and do not confirm, invest, and consecrate with all due circumstance as aforesaid, within twenty days next after the king's letters patents of such signification or presentation shall come to their hands; or if any of them, or any other person or persons, admit or do any other thing contrary to the statute of the 25 Hen. 8, c. 20, in such case every person so offending, their aiders, counsellors, and abettors, shall incur a præmunire (k).”

By the eighth canon: "Whoever shall affirm or teach, that the form and manner of making and consecrating bishops, priests and deacons, containeth any thing in it that is repugnant to the word of God; or that they who are made bishops, priests or deacons, in that form, are not lawfully made, nor ought to be accounted either by themselves or others to be truly either bishops, priests or deacons, until they have some other calling to those divine offices; let him be excommunicated ipso facto, not to be restored until he repent, and publicly revoke such his wicked errors."

And by the thirty-sixth of the Thirty-nine Articles: "The Book of Consecration of Archbishops and Bishops, and Ordering of Priests and Deacons, lately set forth in the time of Edward VI., and confirmed at the same time by authority of parliament, doth contain all things necessary to such consecrating and ordering; neither hath it any thing that of itself is superstitious and ungodly. And therefore whosoever are consecrated or ordered according to the rites of that book, since the second year of the forenamed King Edward unto this time, or hereafter shall be consecrated or ordered according to the same rites, we decree all such to be rightly, orderly, and lawfully consecrated and ordered."

And by the act of uniformity in the 13 & 14 Car. 2, "All subscriptions to be made unto the Thirty-nine Articles, shall be construed to extend (touching the said thirty-sixth article) to the book containing the form and manner of making, ordaining, and consecrating of bishops, priests and deacons, in this said act mentioned, as the same did heretofore extend unto the book set forth in the time of King Edward VI. (1)."

When a bishop is translated; the former see is not void by [211] the election to the new one, until the election is confirmed by the archbishop; for though he is elected, yet it may happen that the king shall not consent, or the archbishop may not confirm; and it is not reasonable that the bishop should lose his former preferment, till he hath obtained a new one: and so it is in case of creation; he is not completely bishop till consecration (m).

(k) Sect. 7.

() 13 & 14 Car. 2, c. 4, s. 30, 31. (m) 3 Salk. 72,

And the dignities or benefices which a bishop was possessed of before his election, become not void till after consecration in the case of creation; and after confirmation, in the case of translation. Upon which foundation it was that all the judges agreed, in the case of Evans and Ascuith, M. 3 Car. that if a commendam retinere comes, in the former case before consecration, and in the latter case before confirmation, it comes in time enough; because it comes while the bishop is in possession of the dignity or benefice granted in commendam (n).

tion of the

16. Every" Person being chosen, elected, nominated, pre- Installation sented, invested, and consecrated as aforesaid, and suing their and Restitu temporalties out of the king's hands, and making oath to the Temporalties. king and to none other as aforesaid, shall and may be thrononized or installed as the case shall require; and shall have and take their only restitution out of the king's hands, of all the possessions and profits, spiritual and temporal, belonging to such archbishopric or bishopric, and shall be obeyed in all things according to the name, title, degree, and dignity that they shall be chosen or presented to, and do and execute in every thing touching the same, as any archbishop or bishop of this realm, without offending of the prerogative royal of the crown, and the laws and customs of the realm, might at any time heretofore do (o)."

Whereupon the bishop, being introduced into the king's presence, shall do his homage for his temporalties or barony; by kneeling down, and putting his hands between the hands of the king, sitting in his chair of state, and by taking a solemn oath to be true and faithful to his majesty, and that he holds his temporalties of him (p).

17. Finally; By the 1 Geo. st. 2, c. 13, and 9 Geo. 2, c. 26, Oaths. he shall within six months after his admission, take the oaths of allegiance, supremacy, and abjuration, in one of the courts at Westminster, or at the quarter sessions of the peace.

The 26 Geo. 3, c. 84, after reciting the necessity by the laws of the realm of the king's licence to elect, and that the bishop shall take the oaths of allegiance, supremacy, and obedience to the archbishop; and that there are divers persons, subjects, or citizens of countries, out of his majesty's dominions, and inhabiting and residing within the said countries, who profess the public worship of Almighty God according to the principles of the Church of England, and who in order to provide a regular succession of ministers for the service of their church, are desirous of having certain of the subjects or citizens of those countries consecrated bishops according to the form of consecration in the Church of England, enacts, "that the archbishop of Canterbury or York, with such other bishops

(n) Palm. 470, 475; W. Jones, 162; Gibs. 114.

(0) 25 Hen. 8, c. 20, s. 6.
(p) God. 27.

Fees.

as they shall call to their assistance, may consecrate subjects
of countries out of his majesty's dominions bishops, without
the king's licence for an election, and without requiring them
to take the usual oaths; but not without first obtaining his
majesty's licence, and ascertaining the fitness of the persons to
be consecrated for such consecration. But no person so con-
secrated shall thereby be enabled to exercise his office within
his
majesty's dominions, and a certificate shall be given by the
archbishop that he was consecrated by virtue of this act." For
the ordination of priests and deacons, under similar circum-
stances, see Drdíñation, vi. 3.

18. The fees of the whole process, from first to last, are [212] said to amount to about 6007.

First Fruits.

Benefice or Dignity vacant by the Bishop's Promotion.

19. He shall also compound for and pay his first fruits, as is set forth in the title First Fruits and Tenths.

20. Upon promotion of any person to a bishopric, the king hath a right to present to such benefices or dignities as the person was possessed of before such promotion; though the advowson belongeth to a common person. And this right of presenting upon promotion by the king, as making the avoidance which would not otherwise happen, did spring from the practice of the popes, and is now an uncontested right of the crown; and hath been established not only by long practice, but by many judgments upon full and solemn hearings (r).

But in Ireland the law is, that a man shall not be promoted to a bishopric there, until he hath resigned all his preferments in England; by which resignation it seemeth that the king's presentation in such case is defeated.

In the case of The Grocers' Company against Backhouse and the Archbishop of Canterbury, T. 11 Geo. 3, it was determined, that where the advowson is in common, so that the patrons are to present by turns, the king's presentation doth not pass for the turn of the otherwise rightful patron, but he shall have his turn in course as it shall fall out (s).

[ 213 ]

III. Concerning Residence at their Cathedrals.

1. Bishops shall be at their cathedrals on some of the greater feasts, and at least in some part of Lent, as they shall find expedient for their souls health (t).

2. Bishops shall have honest eleemosynaries, shall keep hospitality and hear the causes of the poor (u).

3. Bishops shall abide at their cathedral churches, and officiate on the chief festivals, and on the Lord's days, and in

Gibs. 763.

Bla. Rep. 770. See Benefice,

(t) Langton, Lind. 130.

(u) Langton, Lind. 67.

10.

Lent and in Advent; and shall visit their dioceses at fit seasons, correcting and reforming the churches, and consecrating and sowing the word of life in the Lord's soil (v).

4. Bishops shall be personally resident, to take care of the flock committed to their charge, and for the comfort of the churches espoused to them; especially on solemn days in Lent and Advent, unless their absence is required by their superiors, or for other just cause. That is, by their superiors, either ecclesiastical or secular (x). [For their power of visiting Deans and Chapters, and Hospitals, see those titles.-ED.]

IV. Concerning their Attendance in Parliament.

Parliament.

1. By the above recited statute of the 25 Hen. 8, c. 20, a Bishops bishop upon his election shall be reputed and taken as lord Lords of elected. And by divers other statutes, bishops are called peers of the land; one of the three estates of the realm; one of the greatest estates of the realm, and the like (y).

2. As to their right in general to sit and vote in parliament, this hath been carried so far by some, that they have asserted that an act made in parliament, where the bishops have not been present, is not good. But this Lord Coke seemeth to have set in a proper and clear light.

How far an Act made Bishops, is

without the

good.

There are divers acts of parliament, says he, which appear to have been made by the king, lords temporal, and commons, without the lords spiritual; and it hath been objected that such are no acts of parliament; and for authority, the roll of parliament in the 21 Rich. 2, is cited, where it is said that divers judgments were heretofore undone, for that the clergy were not present. To this some have answered, that a parliament may be holden by the king, the nobles, and commons, [ 214 ] and never call the prelates to it. But we hold the contrary to both these, and shall make it manifest by records of parliament, first, that the bishops ought to be called to parliament; and then, secondly, we shall show where acts of parliament are good without them.

To the first every bishop hath a barony in respect whereof according to the law and custom of parliament he ought to be summoned to the parliament as well as any of the nobles of the realm.

To the second if they voluntarily absent themselves, then may the king, the nobles, and commons, make an act of parliament without them; as where any offender is to be attainted

Otho. Athon. 55.

(x) Othobon, Athon. 118.

(y) 25 Edw. 3, st. 3, c. 6; 1 Eliz. c. 3; 8 Eliz. c. 1; 4 Inst. 1.

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