Confirmation. It is true an oath was also taken to the king, which had a show of qualifying the oath to the pope; beginning thus, "I John, bishop of A., utterly renounce and clearly forsake all such clauses, words, sentences, and grants, which I have or shall have hereafter of the pope's holiness, of or for the bishoprick of A. that in any wise hath been, is, or hereafter may be, hurtful or prejudicial to your highness, your heirs, successors, dignity, privilege, or estate royal." And the rest is an oath of obedience to the king in temporal matters (g). And the inconsistency of these two engagements seems to be what William Rufus declared in his time, in the case of Archbishop Anselm; that he could not possibly observe at the same time both the fidelity which he owed to him, and his obedience to the apostolic see (h). Four Bishops.] That is, four at the least (i). Pall.] So that the form of consecrating according to the Roman pontifical (though without bulls from Rome) seems to have continued after the making of this act, viz. all Henry the eighth's reign, and till the establishment of the new form in the third year of Edw. 6 (k). The method and order of confirmation will be best understood by a brief account of the several instruments exhibited and applied in the course of it: (1) The king's letters-patent; by which the royal assent to the election is signified, and the archbishop required to proceed to confirmation. (2) A citation against opposers; which (the time of confirmation being first fixed) is published and set up, by order, and in the name of the archbishop, at the church where it is to be held; as well to notify the day of confirmation, as to cite all opposers (if any there be) who will object against the said election, or the person elected, to appear on that day: according to the direction of the ancient canon law. (3) The certificate or return made by the proper officer to the archbishop, of the due execution of the said citation. (4) The commission to confirm; which is usually performed by the archbishop's vicar-general. (5) The proxy of the dean and chapter; by which one or more persons are delegated by the dean and chapter electing, not only to present in their names the instrument of election to the bishop elected to obtain his consent, and to present the letters certificatory of election to the king, and to pray the royal assent in order to confirmation; but also at the time of confirmation (the said letters-patents and commission to exhibit such his proxy being first read) in virtue thereof to present the bishop elected to the archbishop, vicar general or surrogate; and in the course of the confirmation, to do whatever else is necessary to be done on the part of the dean and chapter. (6) The first schedule: The said proctor in the name of the dean and chapter, exhibiting the citation and return above mentioned, prays that the opposers (if any be) not appearing may be pronounced contumacious, and precluded from further opposition, and that the confirmation may be proceeded in; which is accordingly done by this schedule. (7) A summary petition: This is the petition of the said proctor, that the bishop elect may be confirmed, upon his alleging and proving the regularity of the election, and the merits of the person elected; which he does in nine articles: setting forth, First, that the see was vacant, and had been vacant for some time. Secondly, that the dean and chapter, having first desired and obtained the royal licence, appointed a day for election, and duly summoned all persons concerned. Thirdly, that on that day, they unanimously chose the person now to be confirmed. Fourthly, that the election was duly published and declared to the clergy and people there assembled. Fifthly, that, at the request of the dean and chapter, the person so elected gave his consent to the election. Sixthly, that the person elected is sufficiently qualified by age, knowledge, learning, orders, sobriety, condition, fidelity to the king, and piety. Seventhly, that the dean and chapter, under their seal, intimated the election, and the name of the person elected to the king. Eighthly, that the king had given the royal assent. Ninthly, that he had, by his letters-patent, required the person elected to be confirmed. All which articles conclude with a petition, that, in pursuance of the premises, confirmation may be decreed. Then the summary petition is admitted, and the court. decrees to proceed thereupon, and assign him a term immediate, to prove the particular matters contained in the petition; for proof of which he exhibits the process of the ' election made by the dean and chapter, the consent of the archbishop or bishop and the royal assent; and then prays a time to be presently assigned for final sentence; which is decreed accordingly. (8) The second schedule: Before sentence, a second præconization of the opposers (if any be) is made at the fore-door of the church, and (none appearing) they are declared contumacious, by a second schedule. "But if any appear," Dr. Burn says, "it seemeth that they shall be admitted to make their exceptions in due form of law. To which purpose, a passage in Collier's Ecclesisatical History, vol. ii., p. 745, is applicable. Soon after the recess of the parliament, Bishop Laud was translated from Bath and Wells to London, and Montague promoted to the see of Chichester. Before he was consecrated, an unexpected rub was thrown in the way. At the confirmation of bishops there is public notice given, that if any persons can object either against the party elected, or the legality of the election, they are to appear and offer their exceptions at the day prefixed. This intimation being given, one Jones, a bookseller, attended with the mob, appearing at the confirmation, excepted against Montague, as a person unqualified for the episcopal dignity. And to be somewhat particular, he charged him with popery, Arminianism, and other heterodoxies, for which his books had been censured in the former parliament. Dr. Rives, who then officiated for Brent the vicar-general, disappointed this challenge. For Jones had made some material omissions in the manner, and not offered his objections in form of law. Particularly, the exceptions were neither given in writing, nor signed by an advocate, nor presented by any proctor of the court. Upon the failure of these circumstances, the confirmation went on.' The parliament, not at first apprised in point of form, were dissatisfied with the conduct of the vicar-general, and inquired into the behaviour of Dr. Rives, on that occasion. But Upon which it hath been observed, that Dr. Rives, a most eminent civilian and canonist, admitted that the opposition was good and valid, had it been legally offered; and that the parliament of that time proceeded upon the same opinion" (i). (9) The oaths and declarations according to the law as now altered are three in number: the oath of allegiance in conformity to the statutes of the realm (k); and the declaration of simony, and the oath of obedience to the archbishop in conformity to the rules and canons of the church (1). (10) The definite sentence, or the act of confirmation; See p. 10, supra. (i) For the modern cases, see next page. (k) 31 & 32 Vict. c. 72, s. 2. (1) 28 & 29 Vict. c. 122. by which the judge commits to the bishop elected the care, governance, and administration of the spiritualties; and then decrees him to be installed or inthronized (m). And this is performed (in the province of Canterbury) by mandate from the archbishop to the archdeacon of Canterbury; to whom the right of installing the bishops of that province has anciently belonged, and does still belong (n). (11) Finally, a public notary, by the archdeacon's command, records the whole matter of fact in this affair, in an instrument to remain as authentic to posterity (o). After election and confirmation, and not before, the bishop is fully invested to exercise all spiritual jurisdiction (p). But he may not sue for his temporalities till after consecration (g). Recent cases. In our own times the question as to the duty and power Confirmation of the vicar-general to hear and decide upon objections of bishop. duly taken to the confirmation of a bishop has been formally raised upon two (r) occasions-the confirmation of Dr. Hampden as Bishop of Hereford in 1848, and in that of Dr. Temple as Bishop of Exeter, December 11, 1869. From the former of these instances a sufficient interval of time has elapsed to enable us to review with calmness the proceedings which took place. There is no doubt that the appointment of Dr. Hampden excited, rightly or wrongly, the minds of political and religious parties throughout the kingdom in the highest degree. And the judgments delivered in the Court of Confirmation and in the Queen's Bench must be read with this fact present to the mind of the reader. A very accurate, careful and full report (s) has been published of all the proceedings, beginning with the contested election of Dr. Hampden in the chapter of Hereford and ending with the refusal of the mandamus by the Queen's Bench. The crown was successful in maintaining its appointment before every tribunal. (m) Gibs. 110, 111; God. 25, 26, 27. (n) Gibs. 118. (0) God. 27. (q) Wats. c. 40, pl. 423. (r) There was a third occasion when opposition was made to the confirmation of Dr. Lee, the late Bishop of Manchester, in St. James's Church, where prelates of the northern province are sometimes consecrated; but the (s) A report of the case of the An unusual course was pursued with respect to the constitution of the Court of Confirmation. It is generally holden by the vicar-general alone; on this occasion two other civilians were by a commission united to the vicargeneral. This court refused to hear the objector, who appeared in answer to the citation, and the very indecorous consequence was, that the public proclamation having been made by the officer of the court- 66 Oyez: All manner of persons who shall or will object to the confirmation of the election. of the Reverend R. D. Hampden, D.D., to be the bishop and pastor of the cathedral church of Hereford, let them come forward and make their objections in due form of law, and they shall be heard"-the judges immediately and peremptorily refused to hear the objections made in due form of law. The confirmation was certainly attended with much scandal on this account. The objectors duly applied to the Queen's Bench for a mandamus to the vicar-general to hear;-this being the usual and proper remedy where a visitor or any judge ecclesiastical refuses to entertain a suit on a subject cognizable by them. Four judges of the Queen's Bench heard the application: two, Coleridge and Patteson, were of opinion that the mandamus should go; two, Denman and Erle, that it should not. But the least creditable or most remarkable circumstance was that this court refused to allow the question to be put in a form which would enable the objectors to have recourse to a court of error, and this, although a very recent statute, 6 & 7 Vict. c. 67, had been passed for the express purpose of enabling recourse to be had in questions of mandamus to a court of error. Mr. Justice Patteson said (t): "I think it (i. e. the subject) is admitted on all hands to be one of very great importance and difficulty, and for that reason very fit, as it appears to me, to be put into such a shape as to enable the unsuccessful party here to take the opinion of a court of error. The power of bringing a writ of error having been granted by a recent act, has materially affected the duty of this court, as it seems to me, in regard to writs of mandamus. Formerly, when the decision of the court was final, if the facts were not disputed and the law was fully argued on the motion for the writ, no advantage was gained by delaying (t) Jebb's Report, 481. The whole of Mr. Justice Patteson's judgment should be studied, as containing a clear and able statement of the law. |