The right of electing bishops is vested, if not by law, at least by the practice of the English church, in the king. Immediately after the demise of any prelate, notice of that circumstance is given to the crowa by the dean and chapter of his cathedral ; who, at the same time, request permission to supply, by their choice, the vacancy which has taken place. His majesty then issues what is called a cong?' accompanied by a missive, or recommendation of some individual to the benefice. This recommendation has the full effect of a command ; for the dean and chap ter have not the privilege of rejection. Should they decline electing, and persist in declining for the space of twelve days, they incur the severe penalties of a prannunirc, under which term are implied, outlawry, or exclusion from the king's protection ; a forfeiture to the crown of lands and tenements, goods and chat tels ; and imprisonment during his majesty's pleasure. After the interval of twelve days just alluded to, the king presents, by his letters patent, to the vacant see. The election, or presentation, is next intimated to the archbishop of the province, who is required to pro ceed without delay in confirming the bishop elect. Should he decline, he likewise incurs a prannunire. The mandate, requiring confirmation, bears the audio . rity of the great seal. As soon as it is received by the archbishop, it is transmitted to an officer called his aricar-general. The ceremony of confirmation then takes place. Those, who have any objections to the new bishop, are solemnly invited to appear and sub stantiate them, and are denounced, as contumacious, if they refuse to do so. The oaths of allegiance and supremacy, together with that of canonical obedience, and that against simony, are next administered. A minute of the proceedings is then read by the vicar general, eneral, after which the bishop is installed or consti tuted the ecclesiastical superior of his diocese, being fully invested with episcopal authority ; though, ac cording to some lawyers, he cannot lay claim to the temporalities of his benefice, unless he shall have been consecrated by the archbishop. The ceremony of consecration differs in some respects from that of con firmation. It must he performed, as we have just intimated, by the archbishop ; or, in particular by three bishops, lawfully commissioned for that pur pose. The essential parts of this ceremony, accord ing to Burnet, (xxxix. Art. p. 564.) are prayer and the imposition of hands ; but to these are added, in vestiture with the episcopal robes, together with the use of a certain form of words adapted to the oc casion.
By the law and ordinances of England, all bishops, with the exception of one, the bishop of Sodor and Man, are lords of Parliament, though not peers of the realm. In the reign of William the Conqueror, the spiritual tenure of franc almoign was converted into the feudal tenure by barony ; and the bishops, now constituted barons, became of course members of the great council, or parliament, of the nation. In con
sequence of this change, when, upon one occasion, the bishops declined sitting and voting in the House of Lords, the king availed himselfof his right implied in the feudal tenure, and commanded their attendance. The ecclesiastical barons are likewise members of the Upper House by writ or summons of the crown ; a circumstance which, according to Lord Coke, is equi valent in this respect to a barony. But, exclusive of that circumstance, and exclusive, too, of the right connected with their` baronies, the spiritual lords hold their scats by patent or creation ; so that they are lords of Parliament in three ways, as barons, by writ, and by patent. Hence all the deeds of the Upper House run in the name of " The Lords spiritual and temporal," and hence the bishops have the precedence of all barons whatever. Sir William Blackstone is of opinion, that, in the absence of the temporal peers, a vote of the bishops alone would be considered as a vote of the House ; though it was decided by the judges, (7th Hen. VIII.) that the king might hold a parliament without any spiritual lords. But the bishops, while they are acknowledged as lords of Parliament, are not regarded as peers of the realm. (Staunford, P. C. 153.) They do not sit in the court of the Lord High Steward ; and though they may stay and sit in cases of trial for capital offences be fore a full parliament, yet they must retire before the vote of guilty or not guilty takes place. The exclu sion of the bishops in both of these instances arose from this, that, by the canons of the church, they could not be judges in matters of life and death. For some such reason, too, or from the want of nobility in blood, a bishop cannot be tried in the court of the high steward. As ecclesiastical functionaries, the prelates have the rights of dedication, confirmation, and ordination, as well as those of suspension, deposi tion, deprivation, and excommunication ; they collate to benefices, and direct institution and induction in cases of presentation by other patrons ; they take care of the probate of wills, and grant administra tions; and they certify to the judges in affairs of lawful and unlawful marriages and births. In Eng land there are twenty-four bishops, exclusive of the bishop of Sodor and Man. Among themselves, the bishops of London, Durham, and Winchester, have the precedency of the others in the order in which we have mentioned them. The rest follow, with some official exceptions, according to the date of their con secration. A bishop has the style of My Lord, and is addressed Right Reverend Father in God. See Stillingfleet's Works, vol. i. p. 371. and vol. ii. p. 399. King's Constitut: of the Primit. Church, ch. i. &c. Prettyman's Elem. of Chr. Heel. vol. ii. p. 376, et seq. Campbell's Ecclesiast. Mist. vol. i. p. 81, et seq. IVIoslieim, vol. i. p. 104, et seq. Brown On C'hurcls Government, p. 281, et seq. 'Mare Danzascenzon, passim. (Is)