Appointment Of Bishops Act 1533
1533 c. 20 25_Hen_8
An Acte restraynyng the payment of Annates, &c.
I, II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
III. All Elections of the Archbishops or Bishops shall be made by the Deans and Chapters, &c. under the King
’s Licence and Letters missive naming the Person to be chosen; and in Default of such Election the King shall present by his Letters Patent.
And at every advoydaunce of
[ every] Archibishopriche or bishopriche within this Realme or in any other the Kynges Domynyons, the Kynge our soveran Lorde hys heires and successours may graunt unto the Pryor and Convent or the Deane and Chapytour of the Cathedrall Churches or Monasteries where the See of souch Archibishopriche or Bishopriche shall happen to be voyde, a lycence under the greate seale as of old tyme hath byn accustomed to procede to eleccion of an Archibishope or Bishope of the See soo being voyde, with a letter myssyve conteynyng the name of the persone which they shall electe and chose; By vertue of which licence the seid Deane and Chapitour or Pryor and Covent, to whome any suche licence and letters myssyves shalbe directed, shall with all spede and seleritie in due forme electe and chose the seid person named in the seid letters myssyves to the dignitie and office of the Archebishopriche or Bishopriche soo being voyde, and none other; and yf they doo
[ or] deferre or delay theire eleccion above xij dayes next after suche licence and letters myssyves to theym delyvered, that then for every suche defaute the Kynges Highnes hys heires and successours at theire libertie and pleasure shall nomynate and present, by theire lettres patentes under theire greate seale, suche a person to the seid office and dignytie soo beinge voyde as they shall thynke abyll and convenyent for the same. And that every such nomynacion and presentment to be made by the Kynges Highnes hys heires and successours, yf it be to the office and dignytie of a Bishoppe shalbe made to the Archebisshope and Metropolitane of the provynce where the See of the same Bishopriche ys voyde, yf the See of the seid Archibishoprich be then full and not voyde; and yf it be voyde then to be made to suche Archebishope or Metropolitane within this Realme or in any the Kynges Domynyons as shall please the Kynges Highnes hys heires or successours: And yf any such nomynacion or presentment shall happen to be made for defaute of suche eleccion to the dignytie or office of any Archebishope then the Kynges Highnes his heires and successours, by hys letters patentes under hys greate seale, shall nomynate and present such person, as they wyll dispose to have the seid office and dignitie of Archebishopriche beyng voyde, to one suche Archebishope and ij. suche Bishoppes, or else to iiij. suche Bishopes wythin this Realme or in any the Kynges Domynyons as shalbe assigned by our seid Soveraigne Lorde hys heires or successours.
IV. Consecration of Archbishops or Bishops, on the King’s Presentment. Proceedings and Consecration on Election by Deans and Chapters, &c.: Of Bishops. Of Archbishops.
And when soo ever any suche presentment or nomynacion shalbe made by the Kynges Highnes hys heires or successours by vertue and auctoritie of this acte and accordyng to the tenour of the same, that then every Archebisshope and Bishoppe to whos handes any suche presentment and nomynacion shalbe directed, shall with all spede and seleritie investe and consecrate the person nominate and presentid by the Kynges Highnes his heires or successours to the office and dignitie that suche person shalbe soo presented unto, and geve and use to hympall and all other benediccions ceremonyes and thynges requysite for the same, without suing procuryng or optaynyng hereafter any bulles or other thynges at the See of Rome for any suche office or dignitie in any behalf. And yf the seid Deane and Chapyter or Pryor and Convent after suche licence and letters myssyves to theym directed, within the seid xij dayes do electe and chose the seid person mentioned in the seid lettres myssyves, accordyng to the requeste of the Kynges Highnes hys heires or successours therof to be made by the seid letters myssyves in that behalf, then theire eleccion shall stonde good and effectuall to all intentes; and that the person soo elected after certificacion made of the same eleccion under the commen and Covent seale of the electours to the Kynges Highnes hys heires or successours, shalbe reputed and taken by the name of Lorde elected of the seid Dignitie and office that he shalbe electid unto; And then makyng suche othe and fealtie only to the Kynges Majestie hys heires and successours as shalbe appoynted for the same, the Kynges Hyghnes by hys letters patentes under hys greate seale shall signyfie the seid eleccion yf it be to the dignytie of a Byshope to the Archebishope and metropolitane of the provynce where the see of the seid Byshopriche was voyde, yf the See of the seid Archebishope be full and not voyde; and yf it be voyde, than to any other Archebyshope within this Realme or in any other the Kynges Domynyons, requyring and commaundyng suche Archabishope to whome any suche significacion shalbe made,
[ to confirme the seid eleccion and] to invest and consecrate the seid persone so electid to the office and Dignitie that he is elected unto, and to geve and use to hym all suche benediccions ceremonyes and other thyngs requysite for the same without any suyng procuryng or opteynyng any bulles letters or other thynges frome the See of Rome for the same in any behalf: And yf the person be elected to the office and dignitie of an Archebishope accordyng to the tenour of this acte, then after suche eleccion certified to the Kynges Highnes in forme aforseid, the same person soo elected to the office and dignitie of an Archebishope shalbe reputed and taken Lorde electe of the seid office and dignitie of Archebishope wherunto he shalbe so elected; and then after he hath made such othe and feautie only to the Kynges Majestie hys heires and successours as shalbe lymytted for the same, the Kynges Highnes by hys letters patentes under hys greate seale shall signifie the seid eleccion to one Archebishope and ij other Bisshoppes or els to iiij Bishoppes within this Realme or within any other the Kynges Domynyons to be assigned by the Kynges Highnes his heires or successours, requyryng and commaundyng the seid Archebishope and Bysshoppes with all spede and seleritie
[ to confirme the seid eleccion and] to investe and consecrate the seid person soo elected to the office and dignitie that he is elected unto, and to geve and use to hym suche palle benediccions ceremonyes and all other thynges requysite for the same without suing procuryng or opteynyng any bulles breves or other thynges at the seid See of Rome or by the auctorytie therof in any behalf.
V. Such Elections, Consecrations, &c. declared effectual.
And every person and persons being hereafter chosen elected nomynate presented invested and consecrate to the dignitie or office of any Archebishop or Byshope, within this Realme or within any other the Kynges Domynyons, accordyng to the forme tenure and effecte of this presente acte, and suing theire temporalties out of the Kynges handes hys heires or successours as hath byn accustomed, and makyng a corporall othe to the Kynges Hyghnes and to none other in forme as is afore rehersed, shall and may from hensforth be trononysed or installed as the case shall require, and shall have and take their only restitucion out of the Kynges handes of all the possessions and profetts spirituall and temporall belongyng to the seid Archebishoperiche or Bishoppriche wherunto they shalbe soo elected or presented, and shalbe obeyed in all maner of thynges accordyng to the name title degree and dignitie that they shalbe so chosen or presented unto, and doo and execute in every thynge and thynges touchyng the same, as any Archebishope or Byshope of this Realme, without offendyng the prerogatyve Royall of the Crowne and the lawes and customes of this Realme, mought at any tyme heretofore doo.
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Act: transfer of functions (30.6.1999 with application as mentioned in s. 38(2)(3)) by 1999 No. 1, s. 5(3) (with ss. 33, 34, 37, 38(5)(6))