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Updated: June 5, 2025
The practice of granting the congé d'élire to the chapters on the occurrence of a vacancy, which had fallen into desuetude, was again adopted, and the church resumed the forms of liberty: but the licence to elect a bishop was to be accompanied with the name of the person whom the chapter was required to elect; and if within twelve days the person so named had not been chosen, the nomination of the crown was to become absolute, and the chapter would incur a Premunire.
I must confess, with the greatest respect for my old leader, that the "importance" of the Congé d'Élire as a restraint upon the actions of the Prime Minister can be very easily "overstated."
In Norman French, the Royal Assent has just been given to a Bill which doubles the electorate and admits over six million women to the franchise. Another instance of Norman French which has lately emerged into unusual prominence is the "Congé d'élire."
On the passing of the great charter, the church had recovered its liberties, and the privilege of free election had been conceded by a special clause to the clergy. The practice which then became established was in accordance with the general spirit of the English constitution. On the vacancy of a see, the cathedral chapter applied to the crown for a congé d'élire.
The practice of granting the congé d'élire to the chapters on the occurrence of a vacancy, which had fallen into desuetude, was again adopted, and the church resumed the forms of liberty: but the licence to elect a bishop was to be accompanied with the name of the person whom the chapter was required to elect; and if within twelve days the person so named had not been chosen, the nomination of the crown was to become absolute, and the chapter would incur a Premunire.
"Bishops are, under a premunire obliged to confirm and consecrate the person named in the congé d'Élire." This perhaps is complained of. He is permitted to do it. We allow the legislature may hinder if they please; as they may turn out Christianity, if they think fit.
It seems Peel and Scarlet licked Brougham well yesterday. The temper of the House is said to have been rather good. Hardinge told me Goulburn made an indifferent speech. Philpotts has so good a case that he looks confidently to the result of the debate. We agreed that there was no reason-why the congé d'élire should not issue.
And there is a third section the party which, as Newman said, attempts to steer between the Scylla of Aye and the Charybdis of No through the channel of no meaning, and this section cries for some reform which shall abolish the cynical mockery of the Congé d'Élire, and secure to the Church, while still established and endowed, the self-governing rights of a Free Church.
When a bishopric became vacant, the chapter having received the /Congé d'élire/ should proceed to elect the person named in the royal letters accompanying the /Congé/, and the person so elected should be presented to the metropolitan for consecration.
This was followed by other statutes for the restoration of first fruits and twentieths, and for the appointment of Bishops by the royal prerogative, or conge d'elire elections by the chapter being declared mere "shadows of election, and derogatory to the prerogative." Such was, in brief, the legislation of that famous Parliament of ten counties the often quoted statutes of the "2nd of Elizabeth."
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