Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/396

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380
The Rights
Book I.

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 fee 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[1]. 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[2]. 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 archiepiſcopal court. During the vacancy of any fee 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 fee be vacant, the dean and chapter are the ſpiritual guardians, ever ſince the office of prior of Canterbury was aboliſhed at the reformation[3]. The arch-biſhop is entitled to preſent by lapſe to all the eccleſiaſtical livings in the

  1. Lord Raym. 541.
  2. 4 Inſt. 322, 323.
  3. 2 Roll. Abr. 223.
diſpoſal