Page images

within his province all the bishoprics, except those of Chester, Durham, Carlisle, Ripon, Manchester, Liverpool, Newcastle, Sodor and Man, Wakefield, and the bishopric of York; and the Archbishop of York, whose province comprises the ten bishoprics just named. [An archbishop is, indeed, the chief of all the clergy in his province; and has the inspection of the bishops of that province as well as of the inferior clergy, or (as the law expresses it) the power to visit them (e). Therefore, he confirms the election of the bishops, and afterwards consecrates them (y); and upon receipt of the king's writ, he calls the bishops and clergy of his province to meet him in convocation, but, without the king's writ, he cannot assemble them (3). To him, all appeals in ecclesiastical matters are made from the inferior ecclesiastical jurisdictions within his province ; and as an appeal lies from the bishops in person to him in person (a), so it also lies from the consistory courts of each diocese to the archiepiscopal court (b). During the vacancy of any see in his province, the archbishop is guardian of the spiritualities thereof, as the king is of the temporalities, and he executes all ecclesiastical jurisdiction therein ; but if an archiepiscopal see be vacant, the dean and chapter are the spiritual guardians, ever since the office of Prior of Canterbury was abolished at the Reformation (c). The archbishop is entitled to present by lapse, to any ecclesiastical living in the disposal of one of his diocesan bishops, if not filled within six months ; and he has a customary prerogative, when a bishop is consecrated by him, to name a clerk or chaplain of his own to be provided for by such bishop (d), in lieu of which, the

(x) Bishop of St. Darid'. v. Lucy (1699), 1 Salk. 134 ; Re Dean of York (1841), 2 Q. B. 1.

(y) 2 Roll. Aor. 223.
(z) 4 Inst. 322, 323. ..

(a) Read v. The Bishop of Lincoln (1889), 14 P. D. 88.

(6) Ex parte Denison (1854),

4 El. & Bl. 292 ; R. v. Tristram, (1902] 1 K. B. 816.

(c) 2 Roll. Abr. 223.

(d) Bishops are styled suffragan (a word signifying deputy), in respect of their relation to the archbishops of their province. But at one time bishops also had

[bishop used to make over by deed to the archbishop, the next presentation of such dignity or benefice in the bishop's disposal, within the see, as the archbishop himself should choose, which, therefore, was called his option, and was binding on the bishop himself alone who granted the option, and not on his successors (e).

It is also the privilege of the Archbishop of Canterbury to crown the kings and queens of this kingdom (); and he has also, by the statute 25 Hen. VIII. (1534), c. 21 (9), the power of granting dispensations in any case, not contrary to the Holy Scriptures or to the law of God, where the pope used formerly to grant them. This is the foundation of his power to grant special licences to marry at any place or time (1), and to give dispensations to hold two livings (i), and the like ; and on this also is founded

their suffragans to assist them in conferring orders, and in other spiritual offices within their diocese ; and, after having for a long period remained in abeyance, these suffragan bishops have recently been again brought into use in some of the dioceses. But such suffragan bishops must not be confounded with the coad jutors of bishops, the latter being appointed (in the case of a bishop's infirmity) to superintend his juris. diction and temporalities, neither of which is within the interference of the former (1 (iibs. Cod. 2nd edit. 137 ; Co. Litt. by Harg. 94 a, n. (3) ). As to the election and consecration of suffragan bishops, see 26 Hen. 8 (1534), c. 14, amended by the Suffragans Nomination Act, 1888, and by the Suffragan Bishops Act, 1898.

(e) The king, in imitation of the Emperor of Germany, exercised (or claimed to exercise) the

right of naming to the first prebend that became vacant after his accession (Brev. 11 Edw. 1; 3 Pryn. 1264); and this prerogative probably gave rise to corodies, viz., the right (now disused) of the king to send one of the royal chaplains to be maintained by the bishop, or to have a pension allowed him till the bishop promoted him to a benefice.

(f) It is said, that the Archbishop of York has the privilege to crown the queen consort, and also to be her perpetual chaplain. (1 Burn, Eccl. Law, 198.) At the coronation of King Edw. 7 this privilege of the Archbishop of York was allowed, but not as of right.

(g) See also 28 Hen. 8 (1536), c. 16 ; Colt v. Bishop of Lichfield (1613), Hob. 140 b.

(h) Marriage Act, 1823, s. 20.

(i) Pluralities Act, 1838, s. 6; and 1850.

(the right he exercises of conferring degrees (called Lambeth degrees), which are quite distinct from degrees given by the universities (k)].

A bishop is the chief of the clergy within his diocese, being subordinate to the archbishop of the province, to whom indeed he is sworn to pay due obedience (I); and his dignity is usually called a see (sedes), and the church of his diocese a cathedral. A collegiate church (m), which is a church consisting of a body corporate of dean and canons, such as Westminster, Windsor, &c., differs from a cathedral (n) in that it is not the church of a bishop.

[Among the principal powers which the bishop exercises, are those of ordaining priests and deacons (whether for England and Wales or for the colonies or foreign countries generally) (o), consecrating churches, and inspecting the manners of the clergy (P); for which purpose, he may visit at pleasure every part of his diocese. It is likewise part of his business to institute and direct induction to all livings in his diocese, to license to perpetual curacies (9), and to license temporary curates within the diocese and to regulate their salaries. In addition to these functions, the bishop is also an ecclesiastical judge ; but his chancellor (who inust be a bachelor

(k) Bishop of Chester's Case, Oxon. 1721.

(1) A clergyman owes "canonical obedienceto the bishop who or dained him, to the bishop in whose diocese he is beneficed, and also to the metropolitan of such bishop, so that to kill any of these was petit treason (1 Hale P. C. 381).

(m) Ecclesiastical Commis. sioners Acts, 1840 and 1841; Cathedrals Act, 1864.

(n) There are thirteen cathedrale of the old foundation ; eight conven

tual cathedrals, constituted with deans and chapters by Hen. 8 ; five cathedrals founded, together with new bishoprice, by Hen. 8; besides the modern cathedrals of Ripon, Manchester, Liverpool, Wakefield, &c.

(0) Ordinations for Colonies Act, 1819 ; Colonial Bishops Act, 1852; Episcopal Church (Scotland) Act, 1864 ; Colonial Clergy Act, 1874.

(p) Re Dean of York (1811), 2 Q. B. 1.

(9) Pluralities Act, 1838, s. 77.

[of laws or a master of arts) is appointed to hold his consistory courts for him, and to assist him in matters of ecclesiastical law (1). If, however, the bishop's commission to his chancellor requires the consent of the bishop for the hearing in any particular case, prohibition will issue if that consent is not first obtained (s).

In case of complaint against a clerk in holy orders, for any ecclesiastical offence involving immorality (and not being a mere question of doctrine or of ritual) (t), proceedings may be taken under the Clergy Discipline Act, 1892, which repeals, but re-enacts with amendments, the like provisions contained in the Church Discipline Act, 1840. By the provisions of the Clergy Discipline Act, 1892, ss. 2—10, the offender may be prosecuted in the consistory court of the diocese in which he holds preferment (u), and at the suit either of the bishop (v) (or of anyone approved by him), or of any of the parishioners of the parish. The bishop has a discretion to veto the prosecution in any case in which he thinks the complaint to be either vague or frivolous (.x); but if the prosecution proceeds, then (for the decision of any question of fact that may be in dispute) five assessors are to be chosen upon the request of either party, and for the decision of the question

(r) Canons of 1603 ; Godolph. Ab. 82, Hen. 8.

(8) Rex v. Tristram, [1902] 1 K. B. 816.

(t) Simpson v. Flamank, L. R. (1867), I P. C. 463; Rugg - v. Bishop of Winchexter, ib. (1868), 2 P. C. 223; Martin v. Mackonochie (1883), 8 P. D. 191.

(1) Lee v. Flack, [1896] P. 138.

(c) When the bishop was the patron of the preferment held by the clerk proceeded against, the archbishop used to act (E.c parte Denison (1854), 4 El. & Bl. 292; R. v. The Archbishop of

Canterbury (1856), 6 El. & BI. 546); but the bishop is now ex. pressly made competent in such a case to act. (Sect. 10, subsect. (3).)

(.5) Under the Church Discipline Act, 1840, the bishop had a discretion as to whether or no he would issue a commission ; but the acceptance of the letters of request lodging the complaint was not optional. (See R. v. The Bishop of Chichester (1859), 2 El. & El. 209; Sheppard v. Phillimore and Bennett (1869), L. R. 2 P. C. 450.)

of fact, the assessors must be unanimous, or else the chancellor of the court and a majority of the assessors must agree upon it. At the trial, the chancellor presides, and all questions of law are determined by him (sect. 2); and either party may appeal on any matter of law, either to the provincial court or to the king in council. An appeal operates in the meantime to stay the sentence (sect. 1); but no complaint is competent after five years from the date of the offence (sect. 5). In case the alleged offence is substantiated, the sentence of the court may suspend the clerk from performing divine service, and from enjoying the profits and emoluments of the living, for a specified number of years (y), or may absolutely deprive him (sect. 6); and if the sentence be one of deprivation, the offending clerk (unless he shall be freely pardoned by the Crown) is incapable of holding any preferment, except such as the bishop and archbishop shall (after public notice of their intention in that behalf) allow him to hold (sect. 6). He may even be deposed from holy orders by the bishop, subject to appeal to the archbishop (sect. 8 (2)).

Also, under the Benefices Act, 1898 (a), when the bishop refuses (under sect. 2) to institute a clergyman to a living on account of grave ecclesiastical misconduct or of evil living, the validity of the refusal may be determined (under sect. 3) by the archbishop and a judge, who together constitute a court of appeal for this purpose.

As regards offences against doctrine, ritual, and the like, by the Public Worship Regulation Act, 1874 (6), the Archbishops of Canterbury and York are empowered to appoint (subject to the approval of the Crown) a judge of the Provincial Courts, who must be a barrister of

[merged small][merged small][ocr errors][merged small]
« EelmineJätka »