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The Church and the Empire, Being an Outline of the History of the Church from A.D. 1003 to A.D. 1304 by D. J. (Dudley Julius) Medley
page 62 of 272 (22%)
exception. The King or, by usurpation from him, the great feudal lord
had acquired the right of nominating directly to the vacant see, to
the detriment, and even the exclusion, of the old electoral rights of
clergy and people; and while in some cases nobles nominated themselves
without any thought of taking Holy Orders, frequently they treated the
bishoprics under their control as appanages or endowments for the
younger members of their family. Then, before the consecration, the
bishop-nominate obtained investiture from the lay authority by the
symbolic gifts of a ring and a pastoral staff or cross, not only of
the lands and temporal possessions of the see, but also of the
jurisdiction which emanated from the episcopal office. Finally, the
prospective bishop took an oath to his lay lord, whether King or
other, which was not only an oath of fealty such as any subject might
be called upon to take, but was also an act of homage, and made him an
actual feudal vassal and his church a kind of fief.

[Sidenote: Right of election.]

The result of the long struggle was that in the matter of episcopal
appointments, speaking generally, the right of election was not
restored to clergy and people, in whom by primitive custom it had been
vested, but that the laity, with the possible exception of the
feudatories of the see, were banished altogether, the rural clergy
ceased to appear, and, after the analogy of the papal election by the
College of Cardinals, the canonical election of the bishop in every
diocese tends to be concentrated in the hands of the clergy of the
cathedral. It was a long time, however, before the rights of the
cathedral chapters were universally recognised. Henry I of England in
his Concordat with Anselm (1107) and the Emperor Henry V in the
Concordat of Worms (122) both promised freedom of election. Philip I
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