Congé d'Elire
Congé d'Elire (/ˈkɒndʒiː dɛˈlɪər/; in Law French, congé d'eslire "leave to elect") a licence from the Crown in England issued under the great seal to the dean and chapter of the cathedral church of a diocese, authorizing them to elect a bishop or archbishop, as the case may be, upon the vacancy of any episcopal or archi-episcopal see in England.[1]
History and use
According to the Chronicle of Ingulphus, abbot of Crowland, who wrote in the reign of William the Conqueror, the bishoprics in England had been, for many years prior to the Norman Conquest, royal donatives conferred by delivery of the ring and of the pastoral staff. Disputes arose for the first time between the crown of England and the see of Rome in the reign of William Rufus, the pope claiming to dispose of the English bishoprics. The Constitutions of Clarendon, promulgated by King Henry II of England in 1164, set out procedures to be used for episcopal elections.[1] Ultimately King John, by his charter Ut liberae sunt electiones totius Angliae (1214), granted that the bishops should be elected freely by the deans and chapters of the cathedral churches, provided the royal permission was first asked, and the royal assent was required after the election.
This arrangement was confirmed by subsequent statutes passed in the reigns of Edward I and Edward III respectively, and the practice was ultimately settled in its present form by the statute Payment of Annates, etc., 1534. According to the provisions of this statute, upon the avoidance of any episcopal see, the dean and chapter of the cathedral church are to certify the vacancy of the see to the crown, and to pray that they may be allowed to proceed to a new election. The crown thereupon grants to the dean and chapter its licence under the great seal to elect a new bishop, accompanied by a letter missive containing the name of the person whom the dean and chapter are to elect. This is also published in the London Gazette within a few days of issue. The dean and chapter are thereupon bound to elect the person so named by the crown within twelve days, in default of which the crown is empowered by the statute to nominate by letters patent such person as it may think fit, to the vacant bishopric. Upon the return of the election of the new bishop, the metropolitan is required by the crown to examine and to confirm the election, and the metropolitan's confirmation gives to the election its canonical completeness.
In case of a vacancy in a metropolitical see (Canterbury and York are the two metropolitical sees in England), an episcopal commission is appointed by the guardians of the spiritualities of the vacant see to confirm the election of the new metropolitan. These royal commissioners are usually headed by the other archbishop.
See also
References
This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). Encyclopædia Britannica (11th ed.). Cambridge University Press.- Coredon, Christopher (2007). A Dictionary of Medieval Terms & Phrases (Reprint ed.). Woodbridge: D. S. Brewer. ISBN 978-1-84384-138-8.