of nomination. The same is true of Austria (except four sees), Bavaria, Spain and Portugal. In some countries the bishop is elected by the cathedral chapter (as in Württemberg), or by the bishops of the provinces (as in Ireland). In others, as in Great Britain, the United States of America and Belgium, the pope selects one out of a list submitted by the chapter. In all cases the nomination or election is subject to confirmation by the Holy See. Before this is granted the candidate is submitted to a double examination as to his fitness, first by a papal delegate at his place of residence (processus informativus in partibus electi), and afterwards by the Roman Congregation of Cardinals assigned for this purpose (processus electionis definitivus in curia). In the event of both processes proving satisfactory, the bishop elect is confirmed, preconized, and so far promoted that he is allowed to exercise the rights of jurisdiction in his see. He cannot, however, exercise the functions proper to the episcopal order (potestas ordinis) until his consecration, which ordinarily takes place within three months of his confirmation. The bishop is consecrated, after taking the oath of fidelity to the Holy See, and subscribing the profession of faith, by a bishop appointed by the pope for the purpose, assisted by at least two other bishops or prelates, the main features of the act being the laying on of hands, the anointing with oil, and the delivery of the pastoral staff and other symbols of the office. After consecration the new bishop is solemnly enthroned and blesses the assembled congregation.
The potestas ordinis of the bishop is not peculiar to the Roman Church, and, in general, is claimed by all bishops, whether Oriental or Anglican, belonging to churches which have retained the Catholic tradition in this respect. Besides the full functions of the presbyterate, or priesthood, bishops have the sole right (1) to confer holy orders, (2) to administer confirmation, (3) to prepare the holy oil, or chrism, (4) to consecrate sacred places or utensils (churches, churchyards, altars, &c.), (5) to give the benediction to abbots and abbesses, (6) to anoint kings. In the matter of their rights of jurisdiction, however, Roman Catholic bishops differ from others in their peculiar responsibility to the Holy See. Some of their powers of legislation and administration they possess motu proprio in virtue of their position as diocesan bishops, others they enjoy under special faculties granted by the Holy See; but all bishops are bound, by an oath taken at the time of their consecration, to go to Rome at fixed intervals (visitare sacra limina apostolorum) to report in person, and in writing, on the state of their dioceses.
The Roman bishop ranks immediately after the cardinals; he is styled reverendissimus, sanctissimus or beatissimus. In English the style is “Right Reverend”; the bishop being addressed as “my lord bishop.”
The insignia (pontificalia or pontificals) of the Roman Catholic bishop are (1) a ring with a jewel, symbolizing fidelity to the church, (2) the pastoral staff, (3) the pectoral cross, (4) the vestments, consisting of the caligae, stockings and sandals, the tunicle, and purple gloves, (5) the mitre, symbol of the royal priesthood, (6) the throne (cathedra), surmounted by a baldachin or canopy, on the gospel side of the choir in the cathedral church.
The spiritual function and character of the Anglican bishops, allowing for the doctrinal changes effected at the Reformation, are similar to those of the Roman. They alone can administer the rite of confirmation, ordain priests and deacons, and exercise a certain dispensing power. In the Anglicanestablished Church of England the appointment of bishops is vested effectively in the crown, though the old form of election by the cathedral chapter is retained. They must be learned presbyters at least thirty years of age, born in lawful wedlock, and of good life and behaviour. The mode of appointment is regulated by 25 Henry VIII. c. 20, re-enacted in 1 Elizabeth c. 1 (Act of Supremacy 1558). On a vacancy occurring, the dean and chapter notify the king thereof in chancery, and pray leave to make election. A licence under the Great Seal to proceed to the election of a bishop, known as the congé d’eslire, together with a letter missive containing the name of the king’s nominee, is thereupon sent to the dean and chapter, who are bound under the penalties of Praemunire to proceed within twelve days to the election of the person named in it. In the event of their refusing obedience or neglecting to elect, the bishop may be appointed by letters patent under the Great Seal without the form of election. Upon the election being reported to the crown, a mandate issues from the crown to the archbishop and metropolitan, requesting him and commanding him to confirm the election, and to invest and consecrate the bishop-elect. Thereupon the archbishop issues a commission to his vicar-general to examine formally the process of the election of the bishop, and to supply by his authority all defects in matters of form, and to administer to the bishop-elect the oaths of allegiance, of supremacy and of canonical obedience (see Confirmation of Bishops). In the disestablished and daughter Churches the election is by the synod of the Church, as in Ireland, or by a diocesan convention, as in the United States of America.
In the Church of England the potestas ordinis is conferred by consecration. This is usually carried out by an archbishop, who is assisted by two or more bishops. The essential “form” of the consecration is in the simultaneous “laying on of hands” by the consecrating prelates. After this the new bishop, who has so far been vested only in a rochet, retires and puts on the rest of the episcopal habit, viz. the chimere. After consecration the bishop is competent to exercise all the spiritual functions of his office; but a bishopric in the Established Church, being a barony, is under the guardianship of the crown during a vacancy, and has to be conferred afresh on each new holder. A bishop, then, cannot enter into the enjoyment of the temporalities of his see, including his rights of presentation to benefices, before doing homage to the king. This is done in the ancient feudal form, surviving elsewhere only in the conferring of the M.A. degree at Cambridge. The bishop kneels before the king, places his hands between his, and recites an oath of temporal allegiance; he then kisses hands.
Besides the functions exercised in virtue of their order, bishops are also empowered by law to exercise a certain jurisdiction over all consecrated places and over all ordained persons. This jurisdiction they exercise for the most part through their consistorial courts, or through commissioners appointed under the Church Discipline Act of 1840. By the Clergy Discipline Act of 1892 it was decreed that the trial of clerks accused of unfitness to exercise the cure of souls should be before the consistory court with five assessors. Under the Public Worship Regulation Act of 1874, which gave to churchwardens and aggrieved parishioners the right to institute proceedings against the clergy for breaches of the law in the conduct of divine service, a discretionary right was reserved to the bishop to stay proceedings.
The bishops also exercise a certain jurisdiction over marriages, inasmuch as they have by the canons of the Church of England a power of dispensing with the proclamation of banns before marriage. These dispensations are termed marriage licences, and their legal validity is recognised by the Marriage Act of 1823. The bishops had formerly jurisdiction over all questions touching the validity of marriages and the status of married persons, but this jurisdiction has been transferred from the consistorial courts of the bishops to a court of the crown by the Matrimonial Causes Act of 1857. They have in a similar manner been relieved of their jurisdiction in testamentary matters, and in matters of defamation and of brawling in churches; and the only jurisdiction which they continue to exercise over the general laity is with regard to their use of the churches and churchyards. The churchwardens, who are representative officers of the parishes, are also executive officers of the bishops in all matters touching the decency and order of the churches and of the churchyards, and they are responsible to the bishops for the due discharge of their duties; but the abolition of church rates has relieved the churchwardens of the most onerous part of their duties, which was connected with the stewardship of the church funds of their parishes.
The bishops are still authorized by law to dedicate and set apart buildings for the solemnization of divine service, and grounds for the performance of burials, according to the rites and ceremonies of the Church of England; and such buildings
