Λ.υ . 1201. LETTER OF POPE INNOCENT. archdeacon was deprived of all means of attempting to recover the same. To this, however, the archdeacon made answer, that he was not attempting to recover the same, inasmuch as he was freely exercising them, just as formerly, at the time when he set out on his way to the Apostolic See, and was in enjoyment of the possession thereof. He also added, that inasmuch as the archbishop had, by shamefully retaining the dignity in his hands against the law of the constitution [of the Church], mutilated the same, he ought not, alleging, as it were, his own infamy, to be heard against him, the possessor thereof, on the point of his subsequent renunciation, or even his abjuration, if such there had been. Accordingly, after hearing what was alleged on both sides, and fully understanding the same, we pronounced that the archdeacon must be left in full possession of the privileges of the said archdeaconry, until it should have been proved by the other side, that the said liberties had been conceded [personally]by the archbishops to tho archdeacons; for in such case, the archbishop would be at liberty, both before and after, as well as at the moment of granting [the archdeaconry], lawfully to make reservation thereof, as being his own ; or else, until it should have been lawfully proved that the archdeacon had abjured the said privileges ; but that in the latter case, if the concession of them8 6 was a valid one, no right or benefit could accrue to the archbishop thereby, for that we, on petition of the church of York, or of ourselves, should consult the benefit of the said archdeaconry thereon. If, therefore, either of these positions shall be lawfully proved, let silence be imposed upon the archdeacon as to the said privileges ; if neither, then upon the archbishop. "We do /therefore strictly command, and by these Apostolic writings enjoin you, forthwith to call the said parties before you, and to hear what shall be alleged on both sides, according to the form in the precedents set forth ; always remembering, that if any change has been made by the archbishop or his people relative to the said privileges since appeal was lawfully interposed, or since the archdeacon set out upon his way to Rome, you are, at the commencement of the investigation, all power of appeal withheld, to replace the same in its former state : and you are, all obstacle by appeal removed, to bring the same to a due conclusion, if you shall be unable, by the consent of the parties, to settle the same ; or else, you are to refer »6 At the moment of granting the office.