of the reſpective kingdoms of Europe took the appointment in ſome degree into their own hands; by reſerving to themſelves the right of confirming theſe elections, and of granting inveſtiture of the temporalties, which now began almoſt univerſally to be annexed to this ſpiritual dignity; without which confirmation and inveſtiture, the elected biſhop could neither be conſecrated, nor receive any ſecular profits. This right was acknowleged in the emperor Charlemagne, A. D. 773, by pope Hadrian I, and the council of Lateran[1], and univerſally exerciſed by other chriſtian princes: but the policy of the court of Rome at the ſame time began by degrees to exclude the laity from any ſhare in theſe elections, and to confine them wholly to the clergy, which at length was completely effected; the mere form of election appearing to the people to be a thing of little conſequence, while the crown was in poſſeſſion of an abſolute negative, which was almoſt equivalent to a direct right of nomination. Hence the right of appointing to biſhopricks is ſaid to have been in the crown of England[2] (as well as other kingdoms in Europe) even in the Saxon times, becauſe the rights of confirmation and inveſtiture were in effect (though not in form) a right of complete donation[3]. But when, by length of time, the cuſtom of making elections by the clergy only was fully eſtabliſhed, the popes began to except to the uſual method of granting theſe inveſtitures, which was per annulum et baculum, by the 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[4]. This was a bold ſtep towards effecting the plan then adopted by the Roman ſee, of ren-
- ↑ Decret. 1. diſt. 63. c. 22.
- ↑ Palm. 28.
- ↑ "Nulla electio praelatorum (ſunt verba Ingulphi) erat mere lilera et canonica; ſed omnes dignitates tam epiſcoparum, quam abbatum, per annulum et baculum regis curia pro ſua camplatentia conſerbat." Penes clericos et monachos ſuit electio, ſed electum a rege poſtulabant. Selden. Jan. Angl. l. 1. §. 39.
- ↑ Decret. 2. cauſ. 16. qu. 7. c. 12 & 13.
