Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/393

 Ch. 11. trial takes orders, he hall notwithtanding appear and be worn. Neither can he be choen to any temporal office; as bailiff, reeve, contable, or the like: in regard of his own continual attendance on the acred function. During his attendance on divine ervice he is privileged from arrets in civil uits. In caes alo of felony, a clerk in orders hall have the benefit of his clergy, without being branded in the hand; and may likewie have it more than once: in both which particulars he is ditinguihed from a layman. But as they have their privileges, o alo they have their diabilities, on account of their piritual avocations. Clergymen, we have een, are incapable of itting in the houe of commons; and by tatute 21 Hen. VIII. c. 13. are not (in general) allowed to take any lands or tenements to farm, upon pain of 10𝑙. per month, and total avoidance of the leae; nor hall engage in any manner of trade, nor ell any merchandize, under forfeiture of the treble value. Which prohibition is cononant to the canon law.

the frame and contitution of eccleiatical polity there are divers ranks and degrees: which I hall conider in their repective order, merely as they are taken notice of by the ecular laws of England; without intermeddling with the canons and contitutions, by which the clergy have bound themelves. And under each diviion I hall conider, 1. The method of their appointment; 2. Their rights and duties; and 3. The manner wherein their character or office may ceae.

I. arch-bihop or bihop is elected by the chapter of the cathedral church, by virtue of a licence from the crown. Election was, in very early times, the uual mode of elevation to the epicopal chair throughout all chritendom; and this was promicuouly performed by the laity as well as the clergy : till at length, it becoming tumultuous, the emperors and other overeigns Rh