receiving of the profits, and the discharging of the burdens; with an obliga- THE USE AND OFFICE OF tion to be accountable to the ordinary when called upon. But the article SUFFRAGAN of looking after the cure, seems to be a late clause; there being no more in BISHOPS AND COADJUTORS. the ancient appointments of this kind, even since the Reformation, than the administration of the revenues; which, therefore, exactly answers to the powers which were given to the coadjutors of bishops, who were appointed only to take care of the temporalities. And as there, the spiritual part was committed by the metropolitan to a bishop suffragan; so here it was committed by the diocesan to a curate duly licensed. Not but the office of coadjutor to an incumbent was always committed to a clergyman; who, therefore, if not engaged in another cure, might be content to take upon him the spiritual part also, and have it accordingly committed to him by the bishop; but this was no part of the office of a coadjutor, as such; which, in the case of presbyters as well as bishops, did anciently relate to the temporalities only. (1) "In the reign of Elizabeth, the Court of Wards had committed the person and revenues of a lunatic incumbent to a layman, who was his near relation. Against this Archbishop Whitgift objected, as an encroachment upon the ecclesiastical jurisdiction; and proved the charge by divers testimonies out of the records of Canterbury and London, whereby it appeared that this had always been a care belonging to the governors of the church. And the person to whom the custody had been committed, being cited to answer the allegations of the archbishop, alleging nothing to the contrary, the Court thereupon made the following declaration:- This Court hath not any power or jurisdiction to intermeddle or commit the spiritual or ecclesiastical livings or possessions of any spiritual person that is lunatic or non compos mentis; but the same resteth in the ecclesiastical magistrates, to appoint and dispose, as formerly hath been accustomed. But for the moveable goods of the lord, and his temporal possessions, the Court will further consider thereof, and give such order therein as shall appertain. In pursuance of which declaration, the archbishop committed the administration of the spiritual revenues to a clergyman, under the style of coadjutor; and did afterwards, by a separate instrument, commit the custody of the lunatic to the person who had been appointed for the whole care by the Court of Wards. (2) "As in the time of Archbishop Abbot, the commission of a coadjutor is explained and enforced by special rules and orders to be observed between the minister and his coadjutor, in point of profits, &c.; so, in the time of Archbishop Sancroft, we first find a bond also given by the coadjutor for a faithful account to be made to the ordinary, or other spiritual judge to be appointed by him." (3) Bingham thus describes coadjutors: "These were such bishops as were ordained to assist some other bishops in case of infirmity or old age, and were to be subordinate to them as long as they lived, and succeed them when they died." (4) (1) Gibson's Codex, 901, 902. (2) Ibid. 902. (3) Ibid. (4) Vide Bingham's Orig. Eccles. b. 2. c. 13. s. 4. Commission of a coadjutor explained by special rules and orders. ACCEPTANCE OF 5. VACATES PREVIOUS PRE FERMENTS, AND HEREIN OF THE CUSTODY OF RALITIES DUR- CANCY OF THE Vacation of previous preferments. Livings do not become vacated previously to consecration and confirmation. When advow- When a bishop dies, leaving a vacant living. Promotion to ACCEPTANCE OF A BISHOPRIC VACATES PREVIOUS PREFERMENTS, AND When any spiritual person is created a bishop, all the preferments of which he was before possessed, generally become void upon his consecration, and in the case of translation void after confirmation: and the sove reign may present to them by his prerogative royal. (1) The livings do not, however, become vacated previously to consecration in the case of creation, or to confirmation in the case of translation; because when a bishop is translated, the former see is not void by the election to the new one until the election is confirmed by the archbishop; for though he is elected, yet it may happen that the king shall not consent, or the archbishop may not confirm; and it is not reasonable that the bishop should lose his former preferment till he hath obtained a new one: and so it is in case of creation; he is not completely bishop till consecration. (2) In Evans v. Ascuithe (3) it was held, that if a commendam retinere comes, in the case of creation, before consecration, and in the case of translation, before confirmation, it will be sufficient; because it comes while the bishop is in possession of the dignity or benefice granted in commendam. The king's right to present to such benefices or dignities as the bishop was possessed of before his promotion, is not affected by the fact that the advowson belongs to a common person. In the case of The Grocer's Company v. Backhouse and the Archbishop of Canterbury (4), it was determined, that where the advowson is in common, so that the patrons are to present by turns, the king's presentation does not pass for the turn of the otherwise rightful patron, but he shall have his turn in course, as it shall fall out. (5) But the king cannot present to a donative the incumbent of which is made bishop. If a living become vacant of which a bishop, in right of his see, is patron, and the bishop die, the right to fill up that living passes, with the other temporal rights of the see, to the Crown. And though the Crown restore the temporalities to the successor without filling up the vacancy, the right to fill it up remains with the Crown. (6) In Ireland the law is, that a man shall not be promoted to a bishopric an Irish bishop- there until he has resigned all his preferment in England; by which resig nation it seems that the king's presentation in such case is defeated. (7) ric vacates all benefices in England. Custody of the temporalities. The custody of the lay revenues, lands, and tenements which belong to an archbishop's or bishop's see are, upon the vacancy of the archbishopric or bishopric, immediately vested in the sovereign, as a consequence of his prerogative in church matters, whereby he is considered as the founder of all (1) 3 Black. Com., by Stephen, 383. Basset (3) Palm 470. Jones (Sir W.), 162. Gibson's Codex, 114. (4) 2 Black. (Sir W.), 770. (5) Burn's E. L., 198. (a). B. & C. 186. 8 Bing. 490. (7) 1 Burn's E. L., 212. A BISHOPRIC VACATES PREVIOUS PRE FERMENTS, AND HEREIN OF THE RALITIES DUR ING THE VA archbishoprics and bishoprics, to whom during the vacancy they revert. ACCEPTANCE OF And for the same reason, before the dissolution of abbeys, he had the custody of the temporalities of all such abbeys and priories as were of royal foundation (but not of those founded by subjects) on the death of the abbot or prior. Another reason may also be given why the policy of the law has vested this custody in the sovereign; because, as the successor is not known, the lands and possessions of the see would be liable to spoil and devastation, if no one had a property therein. Therefore the law has given CANCY OF THE the sovereign, not the temporalities themselves, but the custody of the temporalities, till such time as a successor is appointed, with power of taking to himself all the intermediate profits, without any account to the successor; and with the right of presenting (which the Crown very frequently exercises) to such benefices and other preferments as fall within the time of vacation. (1) This revenue is of so high a nature, that it could not be granted out to a subject before, or even after, it accrued but now, by stat. 14 Edw. 3. st. 4. ec. 4 & 5., the king may, after the vacancy, lease the temporalities to the dean and chapter, saving to himself all advowsons, escheats, and the like. Our ancient kings, and particularly William Rufus, were not only remarkable for keeping the bishoprics a long time vacant (2) for the sake of enjoying the temporalities, but also committed horrible waste on the woods and other parts of the estate; and to crown all, would never, when the see was filled up, restore to the bishop his temporalities again, unless he purchased them at an exorbitant price. To remedy which, King Henry I. granted a charter at the beginning of his reign, promising neither to sell, nor to let to farm, nor to take anything from, the domains of the church, till the successor was installed. And it was made one of the articles of the great charter (3), that no waste should be committed in the temporalities of bishoprics, neither should the custody of them be sold. The same is ordained by the statute of Westminster the first (4); and stat. 14 Edw. 3. st. 4. c. 4. (5), which permits a lease to the dean and chapter, is still more explicit in prohibiting the other exactions. It was also a frequent abuse, that the king would, for trifling or no causes, seize the temporalities of bishops, even during their lives, into his own hands; but this is guarded against by stat. 1 Edw. 3. st. 2. c. 2. (6) This revenue, which was formerly very considerable, is now, by a customary indulgence, almost reduced to nothing: for, at present, as soon as the new bishop is consecrated and confirmed, he usually receives the restitution of his temporalities, quite entire and untouched, from the Crown; and at the same time does homage to his sovereign: and then, and not sooner, he has a fee simple in his bishopric, and may maintain an action for the profits. (7) (1) Stat. 17 Edw. 2. st. 1. c. 14. F. N. B., 32. 33. 1 Inst. 90. (a). Rennell v. Lincoln Bishop of), 7 B. & C. 113. 8 Bing. 490. Fide etiam, stat. 9 Hen. 3. c. 5. Stephens' Ecclesiastical Statutes, 1. Stat. 17 Edw. 2. st. 1. c. 14. Ibid. 41. Stat. 1 Edw. 3. st. 2. e2 Ibid. 43. Stat. 14 Edw. 3. st. 4. cc. 3. 4. & 5. Ibid. 47, 48. Stat. 25 Edw. 3. st. 3. c. 6. Ibid. 55. (2) An instance of this occurred as late as the reign of Queen Elizabeth, who kept (3) 9 Hen. 3. c. 5. (5) Stephens' Ecclesiastical Statutes, 47. (7) 1 Inst. 67. 341. 2 Black. Com. by SEE. GENERAL Du- 6. GENERAL DUTIES AND AUTHORITY OF A BISHOP IN HIS SEVERAL TIES AND AU THORITY OF A BISHOP IN HIS Stat. 25 Hen. 8. c. 20. s. 6. Installation and restitution of the temporali ties. Interest and authority elect hath. CAPACITIES. By stat. 25 Hen. 8. c. 20. s. 6. every person being chosen, elected, nominated, presented, invested, and consecrated archbishop or bishop, and suing his temporalities out of the king's hands, and making oath to the king and to none other, shall and may be thrononised or installed, as the case shall require; and shall have and take his only restitution out of the king's hands, of all the possessions and profits, spiritual and temporal, belonging to such archbishopric or bishopric, and shall be obeyed in all things according to the name, title, degree, and dignity that he shall be chosen or presented unto, and do and execute in every thing touching the same, as any archbishop or bishop of this realm, without offending of the prerogative royal of the Crown, and the laws and customs. of the realm, might at any time theretofore have done. Godolphin observes (1), "The interest and authority which a bishop elect which a bishop hath is, that he is Episcopus nominis, non ordinis, neque jurisdictionis; but by his confirmation he hath potestatem jurisdictionis as to excommunicate, and certify the same; and then the power of the guardian of the spiritualities ceases. But after election and confirmation he hath potestatem ordinationis, for then he may consecrate, confer orders, &c. For a bishop hath three powers:-1. Ordinis, which he hath by consecration, whereby he may take the resignation of a church, confer orders, consecrate churches; and this doth not appertain to him quatenus bishop of this or that place, but is universal over the whole world: so the archbishop of Spalatto, when he was here, conferred orders. 2. Jurisdictionis, which is not universal, but limited to a place, and confined to his see; this power he hath upon his confirmation. 3. Administratio rei familiaris, as the government of his revenue; and this also he hath upon his confirmation. (2) The bishop acts either by his episcopal order, or by his episcopal jurisdiction. By the former he ordains deacons and priests, dedicates or consecrates churches, chapels, and churchyards, administers confirmation, &c. By the latter he acts as an ecclesiastical judge in matters spiritual, by his power either ordinary or delegated." Ordinary defined. Ordinary, according to the acceptation of the common law, is usually taken for him that hath ordinary jurisdiction in causes ecclesiastical, immediate to the king. He is, in common understanding, the bishop of the diocese, who is the superior, and, for the most part, visitor of all his churches within his diocese; and hath ordinary jurisdiction in all the causes aforesaid for the doing of justice within his diocese, in jure proprio et non per deputationem; and, therefore, it is his care to see that the church be provided of an able curate; habet enim curam curarum; and he may execute the laws of the church by ecclesiastical censures; and to him alone are made all presentations to churches vacant within his diocese. "Ordinarius principaliter habet locum de Episcopo, et aliis Superioribus, qui (1) Repertorium, 30. (2) Evans v. Ascough, Latch. 233. soli sunt universales in suis jurisdictionibus." "Sed sunt sub eo alii ordinarii, hi videlicet, quibus competit jurisdictio ordinaria de jure, privilegio, vel consuetudine." (1) GENERAL DU- THORITY OF A SEVERAL CAPACITIES. manners of the The bishop can inspect the manners of the people and the clergy (2), for which purpose he may visit at pleasure every part of his diocese. Among the other principal powers which a bishop exercises are those of Inspecting ordaining priests and deacons (3), consecrating churches, instituting people and and directing induction to all ecclesiastical livings in his diocese, and clergy. licensing (4) and regulating the salaries of curates. (5) Although the bishop is an ecclesiastical judge, yet his chancellor is appointed to hold his courts for him, and to assist him in matters of ecclesiastical law. Ordination. Consecration of churches. Institution and induction. Licensing cu rates. Bishop an In case of complaint, against a clerk in holy orders for any ecclesiastical offence under the Church Discipline Act (6), the bishop holds a court in his own person, assisted by three assessors, of whom one must be the dean ecclesiastical judge. of his cathedral, or one of his archdeacons, or his chancellor, and another a serjeant-at-law, or advocate who has practised five years in the court of the province, or a barrister of seven years' standing, another. Each archbishop, every bishop, and their officials, have their seals of Seals of office. office respectively. letters of institution can be granted under any other seal than the seal of office. According to the temporal laws, if a bishop grant letters of institu- Whether tion under any other seal than his seal of office, although it be done out of his diocese, yet it is good; for in Cort v. St. David's (Bishop of) (7), where the plaintiff offered in evidence letters of institution, which appeared to be sealed with the seal of the Bishop of London, because the Bishop of St. David's had not his seal of office there, and which letters were made also out of the diocese, it was held, that they were good enough, for that the seal is not material, it being an act made of the institution; and the writing and sealing is but a testimonial thereof, which may be made under any seal, or in any place. "Bishops shall be at their cathedrals on some of the greater feasts and at least in some part of Lent, as they shall find expedient for their soul's bealth. (S) Bishops shall abide at their cathedral churches, and officiate on the chief RESIDENCE. festivals, and on the Lord's days, and in Lent and in Advent; and shall visit their dioceses at fit seasons, correcting and reforming the churches, and consecrating and sowing the word of life in the Lord's soil. (9) "Bishops shall be personally resident, to take care of the flock committed to their charge, and for the comfort of the churches espoused to them, especially on solemn days in Lent and Advent, unless their absence is required by their superiors, or for other just cause; that is, by their superiors, either ecclesiastical or secular." (10) (1) Lyndwood, Const. Prov. Ang. 16. (2) In re York (Dean of ), 2 Q B. 1. Stephens' Ecclesiastical Statutes, 2089. (3) Stat. 59 Geo. 3. c. 60. (4) Stat. 1 & 2 Vict. c. 106 s. 77. StcFens Ecclesiastical Statutes, 1870. (5) Stat. 3 & 4 Vict. c 33. authorises the bishops of England or Ireland to permit tlergy of the Protestant Episcopal Church in Scotland or the United States, to officiate (6) Stat. 3 & 4 Vict. c. 86. Stephens' (7) Cro. Car. 341. (8) Lyndwood, Const. Prov. Ang. 130. (10) Ibid. 118. 1 Burn's E. L. 213. |