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[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 (1) ; 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.

(l) A clergyman owes “canonical obedience" to 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 cathedrals of the old foundation ; eight conven

tual cathedrals, constituted with deans and chapters by Hen. 8; five cathedrals founded, together with new bishoprics, 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 (1841), 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 (r). 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.

(C) Simpson v. Flamank, L. R. (1867), 1 P. C. 463; Rugg v. Bishop of Winchester, ib. (1868), 2 P. C. 223; Martin v. Mackonochie (1883), 8 P. D. 191.

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

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

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

(ar) Under the Church Discipline Act, 1840, the bishop had a discre. tion 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 deterinined 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. 6); 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 (z)).

Also, under the Benefices Act, 1898 (a), when the bishop refuses (under sect. 2) to institute à 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

(y) The profits of the living (z) See Bishop of Rochester v. during suspension belong to the Harris, (1893] P. 137; Sweet v. bishop, subject to his making due Young, [1902] P. 37. provision for the services. (In re (a) 61 & 62 Vict c. 48 ; and Thakeham Sequestration Money8 Benefices Rules, 1899. (1871), L. R. 12 Eq. 494.)

(b) 37 & 38 Vict. c. 85. S.C. -11.

2 T

ten years' standing, or one who has been a judge of the superior courts, and in either case a member of the Church of England ; and, on a vacancy occurring, as happened prior to 1903, in the offices of official Principal of the Arches Court of Canterbury and of the Chancery Court of York the judge was to become the holder of both these offices (c). The Act requires such judge to entertain and determine complaints in regard to alterations in the fabric or ornaments or furniture of any church, or in respect of the burial ground, or of the manner in which the ritual prescribed in the Book of Common Prayer is observed; but he can only act on being required (by way of special case transmitted to him by the bishop at the request of the parties) to decide the matter in dispute. And the bishop only transmits such case, if he has received a "representation ” as to the matter complained of from the archdeacon, or churchwardens, or any three parishioners, or (in the case of a cathedral or collegiate church) from any three inhabitants of the diocese, being male persons of full age ; and then only if, after considering the whole circumstances, he is of opinion that proceedings should be taken on such representation, and if the parties to such representation are not willing to submit, without appeal, to the bishop's own decision in the matter (d). There is also concurrent jurisdiction to try ritual offences under the Church Discipline Act, 1840.

[Archbishoprics and bishoprics may become void by deprivation, for any very gross and notorious crime, and also by resignation ; and as all resignations must be made to some superior, a bishop resigns to his metropolitan, and the archbishop to the Crown (e).] Under the provi.

(c) Mr. Lewis Tonna Dibdin, K.C., was in May, 1903, made judge under the Act of 1874, and also official Principal of the Arches Court of Canterbury and of the Chancery Court of York.

(d) Hudson v. Tooth (1877), 3 Q. B. D. 46; Dale's Case (1882), L. R. 7 App. Ca. 240 ; E.c parte Green (1881), 6 App. Ca. 657; Dean v. Green (1882), 8 P. D. 79.

(e) Gibs. Cod. 822.

sions of the Bishops Resignation Act, 1869 (made perpetual by the 38 & 39 Vict. c. 19), an archbishop or bishop may resign on the ground of age, or mental or permanent physical infirmity, and receive a retiring income charged upon the episcopal revenues ; or the dean and chapter may elect a bishop coadjutor in aid of the bishop in such a case.

The claims of the Crown on archbishoprics and bishoprics : in respect of the custody of the temporalities, and in respect of the first fruits and tenths of all spiritual preferments, have been already noticed, and need not, therefore, be again discussed (f); but we may mention here, that the Crown was at one time entitled on the death of a bishop to divers small perquisites in the nature of a mortuary (or fine on death) (g), and that when any spiritual person is made an English bishop, the preferments of which he was before possessed become, in general, void upon his consecration, and the Crown may present to them by prerogative (h). But this prerogative does not extend to appointments to colonial bishoprics (i), nor to foreign bishoprics of the English Church (k).

II. [A DEAN and CHAPTER are the council of the bishop, to assist him with their advice in affairs of religion, and also in the temporal concerns of his see (1): and the bishop is the immediate superior and ordinary of the

(f) See ante, pp. 524, 525.

(9) The mortuary (or fine on death) comprised six things, viz., the bishop's best horse or palfrey, with his furniture ; his cloak or gown, and tippet ; his cup and cover; his bason and cover ; his gold ring ; and, lastly, his muta canum, i.e., his mew or kennel of hounds. (See 2 Inst. 491 ; 2 Bl. Com. 426 ; Mirehouse v. Rennell (1832), 8 Bing. 497.)

(h) Basset v. Gee (1600), Cro. Eliz. 790; Grocers' Company v. Archbishop of Canterbury (1771), 2 W. B. 770.

(0) R. v. Eton College (1857), 8 El. & Bl. 610.

(k) Bishops in Foreign Countries Act, 1841.

(l) Dean and Chapter of Nor. wich's Case (1598), 3 Rep. 73 ; Co. Litt. 103, 300.

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