58 Head of the Church. [Ch.V* nity and office of the archbishoprick or bislioprick so bein^ void, and none other : and if they do defer or delay their elec- tion above twelve days next after such licence or letters missive to them delivered, that then for every such default the King at his liberty and pleasure shall nominate and present, by his letters patent under his great seal, such a person to the said office and dignity so being void as he shall think able and convenient for the same ; and that every such nomination and presentment to be made by the King, if it be to the office and dignity of a bishop, shall be made to the archbishop and me- tropolitan of the province where the see of the same bishop- rick is void, if the see of the said archbishoprick be then full, and not void ; and if it be void, then to be made to such arch- bishop or metropolitan within this realm, or in any the King's dominions, as shall please the King's highness, his heirs or successors : and if any such nomination or presentment shall happen to be made for default of such election to the dignity or office of any archbishop, then the King by his letters pa- tent under his great seal shall nominate and present such per- son as he will dispose to have die said office and dignity of archbishoprick being void, to one such archbishop and two such bishops, or else to four such bishops within this realm, or in any the King's dominions, as shall be assigned by his Majesty." This statute was afterwards repealed by 1 Edw. 6. c. 2. which enacted, that all bishopricks should be donative as formerly. It states in the preamble, that these elections
- ' are in very deed no elections ; but only by a writ of congt
d^elire have colours, shadows or pretences of election (a)." This is certainly good sense. For the permission to elect where there is no power to reject, can hardly be reconcilfed with the freedom of election. But this statute was afterwards repealed by 1 Ma. st. 2. c. 20. and other statutes, and conse- quently the 25 H. 8. c. 20. was thereby revived {h But the bishopricks of the new foundation were always donative (c), as also are all the Irish bishopricks by the 2 Eliz- c. 4 {dy {a) See I Bum, Eccl. Law, 202. did not consecrate him till the broad (i) 12 Co. 7. seal of the King's consent was produced, (c) Harg. Co. Litt. 134. Johns 29. As to the power of the (rf) 1 Bla. Com. 379. n. 7. Chris- archbishop to consecrate, &.c. bishops tlan's edition. The proprietor of the in the King's foreign dominions, 26 Isle of Man was patron of the bishop- Geo. 3. c. 84. rick there, but the Archbishop of York Every
