CHAPTER III.

THE ARCHBISHOPS AND BISHOPS.

Archbishops.-The Archbishop of Canterbury.-Of York.-Episcopal Election.Bishops not Peers.-Suffragan Bishops.-Ecclesiastical Commission.-Church Estate Commissioners.-Church Building Commission.

A PROVINCE is the legal district of an archbishop; there are in England two archbishops, viz., of Canterbury and York, and two similarly named provinces. The archbishop is the chief of the clergy in a whole province, and has inspection of the clergy of that province. As archbishop he has appellate jurisdiction, and as bishop of his diocese a court of original jurisdiction. Upon a writ from the sovereign, he summons the Convocation of his province. When an episcopal see falls vacant, the crown has the custody of the temporalities; the archbishop, as guardian of the spiritualities, executes all ecclesiastical jurisdiction therein.

When an archbishopric is vacant, the" dean and chapter" are the spiritual guardians, ever since the office of prior of Canterbury was abolished at the Reformation. Archbishops have the right of deprivation, that is, of suspending bishops from their functions.* The Archbishop of Canterburyt is the primate and metropolitan of all England; there are twenty bishops subordinate to him. The Bishop of London is his provincial dean; of Winchester, his chancellor; of Lincoln (formerly) his vice-chancellor; of Salisbury, his precentor; of Worcester, his chaplain; and the Bishop of Rochester bore the cross before him-in former times. He is the first peer of the realm, and has precedence over all government functionaries, and the entire clergy. In rank he comes immediately after the princes of the blood. He is privileged to have eight chaplains, whereas a duke may only have six at most. His title is "Grace and most Reverend father in God." He subscribes himself, "By Divine Providence, Archbishop," whereas other bishops only write, "By Divine permission." When speaking of him and the Archbishop of York, the wonted form of expression employed is, "He is enthroned," whereas of the other bishops merely, + Ib., i. 196.

Burns, i. 230.

"They are installed." He crowns the kings and queens regnant. As regards marriage, he has power to grant a special license in lieu of the publication of banns. Whosoever applies to Rome for a dispensation, becomes liable to the penalty of " premunire."

The second ecclesiastic in the realm is the Archbishop of York. The style and title, with the privilege of having chaplains, is possessed in common with the Archbishop of Canterbury. On the other hand, he is only "primate of England," and in order of rank comes after the Lord Chancellor. He has the privilege of crowning the queen consort, and is her perpetual chaplain.*

Archbishops and bishops are, as a matter of form, chosen by the deans and chapters of the cathedral churches, but in fact are nominated by the sovereign. In the event of a vacancy occurring, the sovereign issues to the chapter leave to elect "congé d'élire," conformably with 25 Henry VIII. c. 20. In the respective writing, however, the person whom the sovereign wishes to have elected is pointed out. If the dean and chapter delay their election above twelve days, the nomination devolves to the king, who may by letters patent appoint such person as he pleases.‡ The sovereign afterwards notifies the nomination or election which has taken place to the archbishop of the province if it be a bishop that is chosen, and, in case of the election of an archbishop, to the other archbishop and two bishops, or to four bishops, requiring them to confirm, invest, and consecrate the person so elected, after which the bishop elect shall sue to the king for his temporalties, and take the prescribed oaths. Whosoever opposes

herein the orders of the sovereign, incurs the penalties of premunire. Besides becoming vacant by death, the sees of bishops and archbishops are avoided as well by crime as by resignation. A bishop can only resign into the hands of the archbishop, and the archbishop himself into the hands of the sovereign. The title of a bishop is "Right Reverend Father in God," and he ranks after a secretary of state, if the latter be a bishop; otherwise, after marquises' younger sons. All bishops, as soon as they have

*Burns, i. 197.

As to the nature of the election of the bishops, and the obligation of the dean and chapter to elect the nominee of the crown, vide The Queen and Archbishop of Cant., ii. Q. B. 483.

Burns, i. 198.

§ The Bishop of Sodor and Man is in

no case a lord spiritual. He exercises the same spiritual powers, and possesses the same privileges as the other spiritual lords, except that of voting in the upper house, where he is allowed a seat, but does not vote, because he does not hold his barony of the sovereign, as of the Crown of England, but as of the sovereignty of Man.

taken the prescribed oath to the sovereign, have the right to sit as "lords spiritual" in the House of Lords; but the bishop last elected for the time being is excluded from that dignity, save in the case of the Bishops of London, Durham, and Winchester. They are not accounted "peers," and, if indicted for felony, are subject to the ordinary courts. In the middle ages they would, in the event of their submitting themselves to the jurisdiction of the peers, have withdrawn themselves thereby from their special spiritual jurisdiction.* By 26 Hen. VIII. c. 14, suffragan bishops acting as assistants to the other bishops, but being mere titular bishops, received determinate sees; the sovereign chose them from two candidates presented to him by the rightful bishop or archbishop; they had just so much jurisdiction as the bishop or archbishop thought fit to concede. This institution has now fallen into desuetude.‡

With a view to equalize the territory, functions, and income of the bishops and the clergy at large, a special commission was appointed by 6 and 7 Will. IV. c. 77. The "ecclesiastical commissioners," by 3 and 4 Vict. c. 113, are, all the bishops of England and Wales, all the chief justices, the deans of St. Paul's, Westminster, and Canterbury, four laymen summoned by the queen, and three laymen named by the Archbishop of Canterbury. They must all be members of the Church of England. The current business is now managed by a special commitee ("the Church Estates Commissioners"). The queen nominates to this committee one clerical and one lay member; a third member being appointed by the Archbishop of Canterbury. These three members are responsible for the entire body, which has the power of conjoining two other members; the whole of the five members being again subject to be released by their constituents. All proposals for a change affecting the entire body, or the committee itself, must be approved by the privy council, and be submitted to Parliament, but merely "for their information." The committee of five is further empowered to decide respecting valid sales, purchases, and leases.

Since 1818 there exists a "Church-building Commission ;" this "commission for building new churches" consists of the two archbishops, the lord chancellor, the Speaker of the Commons, several of the leading ministers, and others.

* Burns, i. 224.

† Burns, i. 248.

‡ Bowyer, 75.

CHAPTER IV.

THE CLERGY AT LARGE.

The "Chapter."-Rights thereof.-Parsons.-Vicars.-Curates.-Patronage.—Archdeacons.-Rural Deans.

ALL the bishops, excepting Sodor and Man, have a chapter of their own, at the head whereof is a dean, who ranks immediately after the bishop, and constitutes, in certain cases, a "corporation sole." Since 3 and 4 Vict. c. 113, the queen nominates all deans by letters patent under the great seal. The canons of the chapter are sometimes appointed by the crown, sometimes by the bishop, and sometimes by each other. The "Dean and Chapter" constitute a jural person in regard to the property ecclesiastical.

The chapter nominally elects the bishops, and, together with the dean, has to give its assent to many acts of the bishop, such as the granting of leases and nomination to various offices.*

England is distributed into two hundred extra-parochial places, and a vast number of parishes (see Book vi. Pt. ii. c. 1). In every parish there is a parish church, presided over by a rector, who holds the living. Whoever is in full possession of all the rights of such parish church is called "parson" (personæ ecclesia), and constitutes a jural person. During his life he has the freehold of the parsonage, the glebe-lands, the tithes, and other dues. Occasionally these dues are "appropriated;" that is, the benefice is perpetually annexed to some spiritual corporation, either sole or aggregate, being the patron of the living. Such corporation appoints a vicar, to whom the spiritual duty belongs, in the same manner as in parsonages not appropriated, to the rector.

The patronage (advocatio, advowson) is ranked under the head of real property.† Advowsons are either appendant or in gross ; appendant when annexed to the possession of a manor, and will pass by a grant of the manor only, without adding any other word. But when the advowson has been once separated from the property of the manor, it is called advowson in gross. The owner of the advowson is invested with the same privileges as in other Christian + Burns i., 5 a.

* E. Law, ii., 178.

lands. When an alien purchases a right of presentation, the crown shall present; if a catholic, it is exercised by either university in turn. Since 1835 the rights of presentation of corporate towns has been abolished. Besides the rights of presentation pertaining to the queen, the lord chancellor, the Prince of Wales, the higher clergy, and the chapters, there are 3850 peers, peeresses, baronets, parsons, gentlemen and gentlewomen, in the enjoyment of such patronage. How very intimately the Church Established is bound up with the governing class may, from this simple fact alone, be readily apprehended.

The bishop has the right to refuse any one presented by the patron when such person is "excommunicated," or a "bastard," an "outlaw," an "alien," a "minor," an "illiterate" person, a "heretic," or a "schismatic." The patron has, however, a right of action in the law courts. Since 1 and 2 Vict. c. 106, it is only permissible to hold two benefices, the churches of which are within three miles of one another, and the annual value of one of which does not exceed £100. On the ground of felony, immorality, or errors in doctrine against the Thirty-nine Articles, or "Book of Common Prayer," a clergyman may be "suspended." To curates a stipend, ranging from £80 to £150, may, where deemed needful, now be assigned by the bishop. By recent reforms the mischief of allowing nonresident rectors to hold the living and get poor curates to officiate in their stead has been, in a great measure, restrained. The number of curates has sunk in consequence from 4000 in the year 1835, to 1800 in the year 1854.† The visitation and inspection of a diocese is conducted by the archdeacon, who is generally nominated by the bishop. His jurisdiction is frequently based upon custom and usage, and was formerly not always uniform, but varied in different dioceses; but now all archdeacons throughout England and Wales are to have and exercise full and equal jurisdiction within their respective archdeaconries, any usage to the contrary notwithstanding (6 and 7 Will. IV. c. 77, sect. 19). His assistant judge is styled "official." The archdeacon does not sit in person in the court. Rural deans are very ancient officers of the church; they are the deputies of the bishop, and are appointed to inspect the conduct of the clergy and to inquire into and report dilapidations. They had almost grown out of use, but recently the office has, in many instances, been revived (3 and 4 Vict. c. 113). + Gneist i., 544–547.

Gneist i., 548.

Burns i., 95.