A Report of the Case of the Right Rev. R. D. Hampden, D. D. , Lord Bishop Elect of Hereford; in Hereford Cathedral, the Ecclesiatical Courts, and the Qu

A Report of the Case of the Right Rev. R. D. Hampden, D. D. , Lord Bishop Elect of Hereford; in Hereford Cathedral, the Ecclesiatical Courts, and the Qu PDF

Author: Renn Dickson Hampden

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 316

ISBN-13: 9781230145020

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1849 edition. Excerpt: ...because it is almost Regina . The Archbishop of Canterbury. Mr. Wadding, ton's argument. Originally, absolute power of appoint-ment of bishops was in the crown. Interfered with by charter of King John. After which, the Pope acquired the right of con. urination. Blackstone. The stat. of Hen.8 restored the ancient right of the crown. identically in the same words: but the references are as follows. The first is Coke upon Lyttkton, 134, a: the other is 344,, in the 2nd voL, where he repeats, in precisely the same terms, that originally, by the ancient law of England, the appointment of bishops was absolutely in the crown, that there was no confirmation at all, but that the investiture was by the crown cum baculo et annula. This continued to the time of king Henry 1, when there was a violent contest between him and the Pope. This of course was contrary to what was going on in the rest of Europe, where the Pope had obtained the right of confirmation, which gave him, in effect, the right of nomination: at least, he had the power of making the parties submit to his terms before he confirmed them. This contest, according to all our writers, continued to the time of John, in the year 1215, when the charter was granted which your lordship referred to. The terms of that charter are most important, because the effect of it was to put matters in precisely the same situation as they remained in till the passing of the statute of Henry 8. The terms of that charter were these (t): that the crown should grant a licence to elect, to the dean and chapter of the cathedral, or to the abbot and monks of the convent, as the case might be. They could not elect without a licence; but the hypothesis was, that the election was a free election....