diſpoſal of his dioceſan biſhops, if not filled within ſix months. And the arch-biſhop has a cuſtomary prerogative, when a biſhop is conſecrated by him, to name a clerk or chaplain of his own to be provided for by ſuch ſuffragan biſhop; in lieu of which it is now uſual for the biſhop to make over by deed to the arch-biſhop, his executors and aſſigns, the next preſentation of ſuch dignity or benefice in the biſhop's diſpoſal within that fee, as the arch-biſhop himſelf ſhall chooſe; which is therefore called his option[1]: which options are only binding on the biſhop himſelf who grants them, and not his ſucceſſors. The prerogative itſelf ſeems to be derived from the legatine power formerly annexed by the popes to the metropolitan of Canterbury[2]. And we may add, that the papal claim itſelf (like moſt others of that encroaching fee) was probably ſet up in imitation of the imperial prerogative called primae or primariae preces; whereby the emperor exerciſes, and hath immemorially exerciſed[3], a right of naming to the firſt prebend that becomes vacant after his acceſſion in every church of the empire[4]. A right, that was alſo exerciſed by the crown of England in the reign of Edward I[5]; and which probably gave riſe to the royal corodies, which were mentioned in a former chapter[6]. It is alſo the privilege, by cuſtom, of the arch-biſhop of Canterbury, to crown the kings and queens of this kingdom. And he hath alſo by the ſtatute 25 Hen. VIII. c. 21. the power of granting diſpenſations in any caſe, not contrary to the holy ſcriptures and the law of God, where the pope uſed formerly to grant them: which is the foundation of his granting ſpecial licences, to marry at any place or time, to hold two livings, and the like: and on this alſo is founded the right he exerciſes of conferring degrees, in prejudice of the two univerſities[7].
- ↑ Cowel's interpret. tit. option.
- ↑ Sherlock of options. 1.
- ↑ Goldaſt. conſtit. imper. tom. 3. pag. 406.
- ↑ Dufreſne. V. 806. Mod. Un. Hiſt. xxix. 5.
- ↑ Rex, &c, ſalutem. Scribatis epiſcopo Karl, quod — Roberto de Icard penſionem ſuam, quam ad preces regis praedicto Roberto conceſſit, de caetero ſolvat; et de proxitna eccleſia vacatura de collatione praedicti epiſcopi, quam ipſe Robertus acceptaverit, reſpiciat. Brev. 11 Edw. I. 3 Pryn. 1264.
- ↑ ch. 8. pag. 283.
- ↑ See the biſhop of Cheſter's caſe. Oxon. 1721.
