Confirmation of bishops
Encyclopedia
In Canon law
, confirmation of a bishop is the act by which the election of a new bishop
receives the assent of the proper ecclesiastical authority.
the election or appointment of a suffragan bishop was confirmed and approved by the metropolitan
and his suifragans assembled in synod
. By the 4th canon of the First Council of Nicaea
(A.D. 325
), however, it was decreed that the right of confirmation should belong to the metropolitan bishop of each province, a rule confirmed by the 12th canon of the Council of Laodicaea. For the appointment of a metropolitan no papal confirmation was required either in the West or East; but the practice which grew up, from the 6th century onwards, of the popes presenting the pallium
, at first honoris causa, to newly appointed metropolitans gradually came to symbolize the licence to exercise metropolitan jurisdiction.
By the 8th and 9th centuries the papal right of confirmation by this means was strenuously asserted; yet as late as the 13th century there were instances of metropolitans exercising their functions without receiving the pallium, and it was not till after this date that the present rule and practice of the Roman Catholic Church
was definitively established. The canonical right of the metropolitan to confirm the election of his suifragans was still affirmed by Gratian; but from the time of Pope Alexander III
(1159–1181) the canon lawyers, under the influence of the False Decretals, began to claim this right for the pope.
, obscured the issue, since in the case of papal nominations no confirmation was required. The question, however, was raised, in connection with that of the papal reservations and provisions, at the councils of Constance
and Basel. The former shelved it in the interests of peace; but the latter once more formulated the principle—that elections in the churches were to be free and their result confirmed according to the provisions of the common law (juxta juris communis dispositionem) , i.e. by the immediate superior to whom the right of confirmation belonged .
, where the abuse of provisors
had been most acutely felt, the matter was dealt with during the vacancy of the Holy See between the deposition of Antipope John XXIII
at Constance (May 1415) and the election of Pope Martin V
(November 1417). During the interval the only possible way of appointing a bishop was by the ancient method of canonical election and confirmation. Shortly after the deposition of John XXIII, Henry V of England
assented to an ordinance that during the voidance of the Holy See bishops elect should be confirmed by their metropolitans ; but the ordinance was not recorded on the Statute Roll. Three bishops only, namely, John Chandler
(or Cjaaundeler) of Salisbury
, Edmund Lacey
of Hereford
, and John Wakering
of Norwich
, were confirmed by the Archbishop of Canterbury
during the papal vacancy. When Martin V was elected pope in 1417 he resumed the practice of providing bishops, and from this time until the Reformation
the canonical election and confirmation of a bishop in England was a rare exception.
With the establishment of the Church of England
the role of the papacy in appointing bishops was abolished, but the confirmation became almost formal in character. By 25 Hen. VIII. c. 20, 5. 4 it is provided that after an episcopal election a royal mandate shall issue to the archbishop of the province requiring him to confirm the said election, or, in case of an archbishop-elect, to one archbishop and two bishops, or to four bishops, requiring and commanding them with all speed and celerity to confirm it. This practice still prevails in the case of dioceses which have chapters to elect. The confirmation has usually been performed by the archbishop's vicar-general, and, in the southern province, at the church of St Mary-le-Bow
, London
; but since 1901 it has been performed, in part, at the Church House, Westminster
, in consequence of the disorder in the proceedings at St Mary-le-Bow Church on the confirmation there of Dr Winnington Ingram
as Bishop of London
. All objectors are cited to appear on pain of contumacy after the old form; but although the knowledge that opposition might be offered has been a safeguard against improper nominations, e.g. in the case of Dr Clarke the Arian, confirmation has never been refused since the Reformation. In 1628 Dr Rives, acting for the vicar-general, declined to receive objections made to Richard Montague
's election to the see of Chichester on the ground that they were not made in legal form. An informal protest against the confirmation of Dr Prince Lee of Manchester
in 1848 was almost immediately followed by another in due form against that of Dr Hampden, elect of Hereford. The vicar-general refused to receive the objections, and an application to the Queen's bench for a mandamus
was unsuccessful, the judges being divided, two against two.
In Roman Catholic countries the complete control of the papacy over the election and appointment of bishops has since the Reformation
become firmly established, in spite of the efforts of Gallicans and Febronians to reassert what they held to be the more Catholic usage.
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
, confirmation of a bishop is the act by which the election of a new bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
receives the assent of the proper ecclesiastical authority.
Early history
In the early centuries of the history of the ChurchChristian Church
The Christian Church is the assembly or association of followers of Jesus Christ. The Greek term ἐκκλησία that in its appearances in the New Testament is usually translated as "church" basically means "assembly"...
the election or appointment of a suffragan bishop was confirmed and approved by the metropolitan
Metropolitan bishop
In Christian churches with episcopal polity, the rank of metropolitan bishop, or simply metropolitan, pertains to the diocesan bishop or archbishop of a metropolis; that is, the chief city of a historical Roman province, ecclesiastical province, or regional capital.Before the establishment of...
and his suifragans assembled in synod
Synod
A synod historically is a council of a church, usually convened to decide an issue of doctrine, administration or application. In modern usage, the word often refers to the governing body of a particular church, whether its members are meeting or not...
. By the 4th canon of the First Council of Nicaea
First Council of Nicaea
The First Council of Nicaea was a council of Christian bishops convened in Nicaea in Bithynia by the Roman Emperor Constantine I in AD 325...
(A.D. 325
325
Year 325 was a common year starting on Friday of the Julian calendar. At the time, it was known as the Year of the Consulship of Proculus and Paulinus...
), however, it was decreed that the right of confirmation should belong to the metropolitan bishop of each province, a rule confirmed by the 12th canon of the Council of Laodicaea. For the appointment of a metropolitan no papal confirmation was required either in the West or East; but the practice which grew up, from the 6th century onwards, of the popes presenting the pallium
Pallium
The pallium is an ecclesiastical vestment in the Roman Catholic Church, originally peculiar to the Pope, but for many centuries bestowed by him on metropolitans and primates as a symbol of the jurisdiction delegated to them by the Holy See. In that context it has always remained unambiguously...
, at first honoris causa, to newly appointed metropolitans gradually came to symbolize the licence to exercise metropolitan jurisdiction.
By the 8th and 9th centuries the papal right of confirmation by this means was strenuously asserted; yet as late as the 13th century there were instances of metropolitans exercising their functions without receiving the pallium, and it was not till after this date that the present rule and practice of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
was definitively established. The canonical right of the metropolitan to confirm the election of his suifragans was still affirmed by Gratian; but from the time of Pope Alexander III
Pope Alexander III
Pope Alexander III , born Rolando of Siena, was Pope from 1159 to 1181. He is noted in history for laying the foundation stone for the Notre Dame de Paris.-Church career:...
(1159–1181) the canon lawyers, under the influence of the False Decretals, began to claim this right for the pope.
Confirmation and the Papacy
From the 13th century onwards it was effectively exercised, though the all but universal practice of the popes of reserving and providing to vacant bishoprics, initiated by Pope Clement VPope Clement V
Pope Clement V, born Raymond Bertrand de Got was Pope from 1305 to his death...
, obscured the issue, since in the case of papal nominations no confirmation was required. The question, however, was raised, in connection with that of the papal reservations and provisions, at the councils of Constance
Council of Constance
The Council of Constance is the 15th ecumenical council recognized by the Roman Catholic Church, held from 1414 to 1418. The council ended the Three-Popes Controversy, by deposing or accepting the resignation of the remaining Papal claimants and electing Pope Martin V.The Council also condemned and...
and Basel. The former shelved it in the interests of peace; but the latter once more formulated the principle—that elections in the churches were to be free and their result confirmed according to the provisions of the common law (juxta juris communis dispositionem) , i.e. by the immediate superior to whom the right of confirmation belonged .
Confirmation in the Anglican Church
In EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, where the abuse of provisors
Canonical provision
Canonical provision is a term of the canon law of the Roman Catholic Church, signifying regular induction into a benefice.-Analysis:It comprises three distinct acts - the designation of the person, canonical institution, and installation...
had been most acutely felt, the matter was dealt with during the vacancy of the Holy See between the deposition of Antipope John XXIII
Antipope John XXIII
Baldassarre Cossa was Pope John XXIII during the Western Schism. The Catholic Church regards him as an antipope.-Biography:...
at Constance (May 1415) and the election of Pope Martin V
Pope Martin V
Pope Martin V , born Odo Colonna, was Pope from 1417 to 1431. His election effectively ended the Western Schism .-Biography:...
(November 1417). During the interval the only possible way of appointing a bishop was by the ancient method of canonical election and confirmation. Shortly after the deposition of John XXIII, Henry V of England
Henry V of England
Henry V was King of England from 1413 until his death at the age of 35 in 1422. He was the second monarch belonging to the House of Lancaster....
assented to an ordinance that during the voidance of the Holy See bishops elect should be confirmed by their metropolitans ; but the ordinance was not recorded on the Statute Roll. Three bishops only, namely, John Chandler
John Chandler
John Chandler was an American politician and soldier of Maine. The political career of Chandler, a Democratic-Republican, was interspersed with his involvement in the state militia during both the American Revolutionary War and War of 1812.Chandler was born in Epping, New Hampshire, the brother of...
(or Cjaaundeler) of Salisbury
Bishop of Salisbury
The Bishop of Salisbury is the ordinary of the Church of England's Diocese of Salisbury in the Province of Canterbury.The diocese covers much of the counties of Wiltshire and Dorset...
, Edmund Lacey
Edmund Lacey
Edmund Lacey was a medieval Bishop of Hereford and Bishop of Exeter in England.Lacey was educated at University College, Oxford, where he was a mature commoner, then Fellow, and subsequently Master of the College from 1398 until c.1401. The College prospered and developed under him, as well as...
of Hereford
Bishop of Hereford
The Bishop of Hereford is the Ordinary of the Church of England Diocese of Hereford in the Province of Canterbury.The see is in the City of Hereford where the seat is located at the Cathedral Church of Saint Mary and Saint Ethelbert which was founded as a cathedral in 676.The Bishop's residence is...
, and John Wakering
John Wakering
John Wakering was a medieval Bishop of Norwich.Wakering was named Lord Privy Seal in June 1415 and dismissed from that office in July of 1416....
of Norwich
Bishop of Norwich
The Bishop of Norwich is the Ordinary of the Church of England Diocese of Norwich in the Province of Canterbury.The diocese covers most of the County of Norfolk and part of Suffolk. The see is in the City of Norwich where the seat is located at the Cathedral Church of the Holy and Undivided...
, were confirmed by the Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
during the papal vacancy. When Martin V was elected pope in 1417 he resumed the practice of providing bishops, and from this time until the Reformation
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
the canonical election and confirmation of a bishop in England was a rare exception.
With the establishment of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
the role of the papacy in appointing bishops was abolished, but the confirmation became almost formal in character. By 25 Hen. VIII. c. 20, 5. 4 it is provided that after an episcopal election a royal mandate shall issue to the archbishop of the province requiring him to confirm the said election, or, in case of an archbishop-elect, to one archbishop and two bishops, or to four bishops, requiring and commanding them with all speed and celerity to confirm it. This practice still prevails in the case of dioceses which have chapters to elect. The confirmation has usually been performed by the archbishop's vicar-general, and, in the southern province, at the church of St Mary-le-Bow
St Mary-le-Bow
St Mary-le-Bow is an historic church in the City of London, off Cheapside. According to tradition, a true Cockney must be born within earshot of the sound of the church's bells.-Bells:...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
; but since 1901 it has been performed, in part, at the Church House, Westminster
City of Westminster
The City of Westminster is a London borough occupying much of the central area of London, England, including most of the West End. It is located to the west of and adjoining the ancient City of London, directly to the east of the Royal Borough of Kensington and Chelsea, and its southern boundary...
, in consequence of the disorder in the proceedings at St Mary-le-Bow Church on the confirmation there of Dr Winnington Ingram
Arthur Winnington-Ingram
Arthur Foley Winnington-Ingram KCVO PC was Bishop of London from 1901 to 1939.-Early life and career:He was born in Worcestershire, the fourth son of the Revd Edward Winnington-Ingram and of Louisa...
as Bishop of London
Bishop of London
The Bishop of London is the ordinary of the Church of England Diocese of London in the Province of Canterbury.The diocese covers 458 km² of 17 boroughs of Greater London north of the River Thames and a small part of the County of Surrey...
. All objectors are cited to appear on pain of contumacy after the old form; but although the knowledge that opposition might be offered has been a safeguard against improper nominations, e.g. in the case of Dr Clarke the Arian, confirmation has never been refused since the Reformation. In 1628 Dr Rives, acting for the vicar-general, declined to receive objections made to Richard Montague
Richard Montague
Richard Merett Montague was an American mathematician and philosopher.-Career:At the University of California, Berkeley, Montague earned an B.A. in Philosophy in 1950, an M.A. in Mathematics in 1953, and a Ph.D. in Philosophy 1957, the latter under the direction of the mathematician and logician...
's election to the see of Chichester on the ground that they were not made in legal form. An informal protest against the confirmation of Dr Prince Lee of Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...
in 1848 was almost immediately followed by another in due form against that of Dr Hampden, elect of Hereford. The vicar-general refused to receive the objections, and an application to the Queen's bench for a mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
was unsuccessful, the judges being divided, two against two.
In Roman Catholic countries the complete control of the papacy over the election and appointment of bishops has since the Reformation
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
become firmly established, in spite of the efforts of Gallicans and Febronians to reassert what they held to be the more Catholic usage.