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Classes of

CHAPTER II.

BISHOPS WITHOUT SEES.

WE have considered the legal status of bishops with

bishops with regular sees; it now remains to consider the status of bishops without them, viz. :

out sees.

Origin of chorepiscopi.

1. Chorepiscopi.

2. Episcopi regionarii, or gentium.
3. Episcopi titulares, or in partibus.
4. Episcopi suffraganei.

5. Coadjutores.

6. Resignation of Bishops.

Chorepiscopi, local bishops in the ancient church, were persons delegated by the bishop of the city to exercise episcopal jurisdiction within certain districts.

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This institution took place when the dioceses were enlarged by the conversion of Pagans in the country at a great distance from the chief city in which the bishop dwelt; the origin of the name being not ex choro sacerdotum," but is xúgus Tiσxónоι, or country bishops (a). There were three opinions about the nature of this order: 1, that they were mere presbyters; 2, that some were presbyters and some bishops; 3, that they were all bishops; and this last opinion is countenanced by the approbation of Bingham and Müller. It seems that they ordained the inferior clergy, but not presbyters or deacons without special licence from the bishop (b); and though their power varied at different times and in different places, yet they appear to have had power to confirm, to grant letters dimissory to the clergy, and to sit and vote in councils. The increasing authority, ecclesiastical and political, of the bishops of the towns tended to circumscribe and ultimately to destroy the function of the country episcopate. The Council of Laodicea, A.D. 343, dealt a heavy blow to their power, which became almost entirely extinct towards the close of the ninth century (c).

(a) Sometimes called iÓL Ta ayev, sometimes Vicarii.

(b) See Council of Antioch, A.D. 341, c x., which forbids them to ordain priest or deacon "Sixa τοῦ ἐν τῇ πόλει ἐπισκόπου ᾗ ὑποκεινται αὐτός τε καὶ ἡ χώρα.”

(c) Cf. Burnet's Hist. of Ref. fol. vol. ii. p. 117; Bingham's Eccl. Ant. vol. i. p. 56; and Thomassini Vetus et Nova Ecclesiæ Disciplina, vol. i. p. 215; Hinschius, Kirchenrecht, B. ii., § 85.

They dwindled down into arch-presbyters and rural deans without episcopal authority. But in England learned antiquaries (d) hold that they existed till they were extinguished by Lanfranc; and that their place was not supplied in A.D. 1325 by bishops in partibus, then first instituted, who will be considered presently.

The Chorepiscopi were a class of bishops distinct from Episcopi the class called episcopi regionarii or gentium (e). This regionarii. episcopate, without any definite or fixed see or diocese, appeared in the kingdom of the Franks during the eighth and ninth centuries, and came into it chiefly from England and Scotland. They acted as missionary bishops in subordination and rendering assistance to the diocesan bishop in the exercise of his functions, much in the same way that retired colonial bishops now assist the bishops in Great Britain and Ireland.

titularesIn partibus.

Another class of episcopate was formed by titular Episcopi bishops, or bishops in partibus (f). These had originally presided over dioceses from which they had been expelled by the Pagans, but retained the title of their sees.

In subsequent times bishops were consecrated for the general convenience of the church, with a title derived from some place in heathendom. The object of their institution was to assist the church at home, and in course of time they became identical in practice though not in theory with the class of suffragan bishops (suffraganeiauxiliares).

Perhaps a writer of the fourteenth century gave a true account, when he said:-" Freres ben made bishops to go and preche and convert heathen men, and leave this ghostly office and be suffragans in England."

(d) Much learning upon this subject is to be found in a small volume printed by J. Nicholls, London, 1785, and entitled "Some Account of Suffragan Bishops in England," which includes a letter by a learned Mr. Lewis, written in 1738, and an Essay; a letter from Mr. Pegge, written in 1784, to Dr. Ducarel; and a list of the suffragan bishops in England by the Rev. H. Wharton, printed from MS. in Lambeth Library, 1769.

(e) See Hinschius, Kirchenrecht, B. ii., § 85, Die Wander

bischöfe, and the case of Richard
Martyn; Strype's Cranmer, p.
37; Wharton's Anglia Sacra, vol.
i. 790-864. Ricardus Martyn
Episcopus ejusdem (i. e. Sidoniæ)
ante Thomam Wells præfectus
erat cœnobii Minoritarum in
urbe Cantuariâ. Testamento anno
1498 condito plurima cœnobio suo
legavit-nullum titulum obtinuit
Episcopus Ecclesia Catholicæ in
Testamento suo appellatus.

(f) See list of English bishops
in partibus. Pegge's letter, pp.
25, 26. The titles are all taken
from places in foreign parts.

Suffragan bishops.

Sees of

suffragan bishops.

Bishops suffragan (g) (from suffragari, to help) were consecrated to supply the place of the bishop of the see when absent on the business of embassies or on weighty affairs of the church or crown, chiefly in conferring of orders and in confirming; but not as to grave matters of jurisdiction. Neither the name nor the office of suffragan is to be found in the history of the English Church before the Conquest. The first trace of one seems to be in A.D. 1240. But from the end of the thirteenth century to the time of Henry the Eighth there seems to have been a pretty regular succession of suffragans in most dioceses. By courtesy they were commonly designated "lords."

It is indeed a vulgar error that the title of lord is only given to bishops with seats in parliament. The Bishop of Sodor and Man always had the title. It is probably only a translation of " Dominus," and just as applicable to the bishop of a church not established as of one established by temporal law.

It would seem that on the demise of or translation of the diocesan, the commission given by him to the suffragan was void, and renewed or not according to the pleasure of his successor (h).

In a less proper sense, all the provincial bishops, with respect to the archbishop, are sometimes called his suffragans (i).

By 26 Hen. 8, c. 14, s. 1, " Forasmuch as no provision hitherto hath been made for suffragans, which have

(g) See a list of suffragans in England, by Wharton, transcribed from MS., Lambeth Library, 1769, and printed at the close of the work referred to in the former note. They are called แ Chorepiscopi." In the Sarum Manual, in the charge given" to Godfaders and Godmoders," they are charged "to lerne the child or see that he lerned the Pater noster, &c., and in all goodly haste to be confermed of my lord of the diocese or his depute." Lyndwood, 1. 1. t. 2., de Const. "Suffraganeis, sic dictis quia archiepiscopo suffragari et assistere tenentur. Vocati sunt in partem solicitudinis archiepiscopi, non in plenitudinem potestatis." Ib. t. 3. "Mandantes nostris coepiscopis et suffraganeis universis ut, &c." Ib. 1. 1, t. 2.

"Coepiscopis suffraganeisque, licet enim ordo episcoporum distinguatur in patriarchas, archiepiscopos, metropolitanos et episcopos omnes tamen hi uno eodemque vocabulo episcopi nominantur." See too Gloss, " In ipsis."

(h) Lewis's Essay, p. 13; Strype's Whitgift. New Commission to Rogers Suffragan of Dover.

(i) Lyndwood, 1. v., t. 15, p. 317. Tanquam verè ponitur et non similitudinariè. Habet namque archiepiscopus Cantuarensis in collegio episcoporum episcopos Londinensem Decanum, Wintoniensem Cancellarium, Lincolniensem Vice-Cancellarium, Sarisburiensem Præcentorem, Wigorniensem Capellanum, Roffensem Cruciferarium.

been accustomed to be had within this realm, for the more speedy administration of the sacraments and other good wholesome and devout things and laudable ceremonies, to the increase of God's honour, and for the commodity of good and devout people, it is enacted that the towns of Thetford, Ipswich, Colchester, Dover, Guilford, Southampton, Taunton, Shaftsbury, Molton, Marlborough, Bedford, Leicester, Gloucester, Shrewsbury, Bristow, Penreth, Bridgwater, Nottingham, Grantham, Hull, Huntingdon, Cambridge, and the towns of Pereth (k), and Berwick, St. Germains in Cornwal, and the Isle of Wight, shall be taken and accepted for sees of bishops suffragans.'

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Bristol (Bristow) and Gloucester were soon after made sees. No suffragan was appointed for Rochester, Chester, Chichester, Hereford or Lichfield, as the dioceses then were.

Forasmuch as no Provision hitherto hath been made.] That is, by act of parliament; as had been for archbishops and bishops by 25 Hen. 8, c. 20.

The Towns of Thetford, &c.]-The suffragans have their sees in towns; and not in cities, as the bishops in England have.

And "every archbishop, and bishop, being disposed to Nomination of have any suffragan, shall name two honest and discreet a suffragan spiritual persons, being learned and of good conversation, bishop. and present them to the king, by writing under their seals, making humble request to his majesty, to give to one such of the said two persons as shall please his majesty, such title, name, style, and dignity of bishop of such of the sees above specified, as he shall think most convenient. And the king, upon such presentation, shall have power to give him the style, title, and name of a bishop of such of the sees aforesaid, as he shall think convenient; so it be within the province whereof the bishop that doth name him is. And he shall be called bishop suffragan of the same see (7).

Of such of the Sees aforesaid as he shall think convenient.]-As there are not sees for suffragans appointed in every diocese, so neither is the king obliged to give the suffragan a title within the diocese of the bishop who does recommend him; but he may (without regard to the diocese wherein they are to officiate) give them any of the titles mentioned in this act; nevertheless, generally, the titles have been given within the dioceses they were to assist in (m).

(k) In Pembrokeshire-Diocese of St. Davids, Archdeaconry of Cardigan, Deanery of Emlyn.

P. VOL. I.

Lewis' Essay, p. 9, note 1.
(1) 26 Hen. 8, c. 14, s. 1.
(m) Gibs. 134.

II

Mandate for consecration.

Consecration

bishop.

And "after such title, style, and name so given, the king shall present him by his letters-patents under the great seal, to the archbishop of the province, requiring him to consecrate the said person, and to give him such other benedictions and ceremonies, as to the degree and office of a bishop suffragan shall be requisite" (n).

To the Archbishop of the Province.]-By the canon law, the consecration was to be by the bishop, assisted by two neighbouring bishops (o).

And "the bishop that shall nominate the suffragan, or of a suffragan the suffragan himself that shall be nominate, shall provide two bishops or suffragans to consecrate him with the archbishop, and shall bear their reasonable costs" (p).

His power.

And the archbishop, having no lawful impediment, shall consecrate such suffragan, within three months next after the letters-patents shall come to his hands" (q).

And "the person so consecrated shall have such capacity, power, authority, and reputation, concerning the execution of such commission as by any of the said archbishops or bishops within their diocese shall be given to the said suffragans, as to suffragans of this realm heretofore has been used and accustomed" (r).

Heretofore hath been used and accustomed.]—There is no doubt, Bishop Gibson says, but the persons received to be suffragan bishops in England, before the making of this act, were confined to the exercise of such powers only, as they had commission for from time to time; supposing the proper bishop not to be wholly disabled by infirmities of body or mind; and therefore the limiting them to such commissions here was only a continuance of them in their former state (s).

And their office usually was, to confirm, ordain, dedicate churches, and the like; that is, to execute those things which pertain to the episcopal office: as to jurisdiction and temporalities, these (in case of the infirmities of a bishop in body or mind) were put under the management of a coadjutor, constituted by the archbishop (t).

And by the said statute of 26 Hen. 8, c. 14, s. 4, it is provided, that "no such suffragan shall take any profits of the places and sees whereof they shall be named, nor have or use any jurisdiction or episcopal authority within. the said sees, nor within any diocese or place, but only such profits, jurisdiction, and authority as shall be licensed

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