Sect. 5. "The following enactments shall be made with respect to the relative positions of the incapacitated bishop, in this act referred to as the bishop and his bishop coadjutor:

(1.) The bishop shall retain his rank, style, and
privilege:

(2.) Subject to the annual payment by this act directed
to be made to the bishop coadjutor, the bishop shall
retain all the temporalities of his see, except the
patronage:
(3.) The bishop coadjutor shall not as such either be
installed or sue the temporalities of the see out of
the queen's hands, or acquire any title to sit in the
House of Lords. He shall be styled the bishop
coadjutor of the diocese to which he is attached,
and may subscribe himself by his usual signature
with the addition of bishop, but not by the name
of the diocese:

(4.) The bishop coadjutor shall not as such be required
to pay any fees except the necessary expenses of
his election and consecration:

(5.) Immediately upon the consecration of a bishop coadjutor the spiritualities of the see and the patronage of the bishop shall pass to and vest in the bishop coadjutor, in the same manner and to the same extent as if he were the sole bishop, and such bishop shall for all purposes and in all respects, except as by this act otherwise provided, be deemed to be sole bishop of the diocese in which he is appointed bishop coadjutor:

(6.) There shall be paid to the bishop coadjutor out of the episcopal income of the bishop the sum of two thousand pounds by the year:

(7.) The said sum of two thousand pounds shall be deemed to be a first charge on the income of the bishop, and to accrue due from day to day, but to be payable half-yearly:

(8.) Upon the death of the bishop the bishop coadjutor shall succeed to his bishopric with the same ceremonies, upon the same payments, and in the same manner in all respects, except consecration, as if her Majesty had granted to the dean and chapter of the diocese a licence to proceed to the election of a bishop, and such licence had been accompanied by a letter missive of her Majesty naming the bishop coadjutor as the person whom the dean and chapter were required to elect and choose:

(9.) When a bishop coadjutor has been appointed, and

the bishop dies, no vacancy shall be created in the
spiritualities of the bishopric to which the bishop
coadjutor succeeds, but such spiritualities shall, in
the case of the bishop coadjutor succeeding to the
deceased bishop, remain vested in the bishop coad-
jutor."

The following are supplemental provisions:

Sect. 6. "The persons authorized under this act to make Conduct of an inquiry into the incapacity of a bishop shall give notice inquiry. to the registrar of the diocese of a time and place at which the inquiry will be made, and the registrar, or any person authorized by or on behalf of the incapacitated bishop may attend such inquiry, and produce such evidence on behalf of the bishop as he thinks fit, and cross-examine the witnesses adduced to prove his incapacity and generally conduct the case on behalf of the bishop. The persons conducting the inquiry, or any of them, may examine witnesses on oath or not, in writing or orally, as they think expedient, and any person when examined by such persons who wilfully makes a false statement, whether on oath or not, shall be guilty of a misdemeanor. Any person refusing to give evidence when required, after a tender of his reasonable expenses, may be certified by any person conducting such inquiry to have so refused to any judge of one of her Majesty's superior courts of law or equity, and such judge may deal with such person in the same way as if he had refused to give evidence in a proceeding instituted in the court of which he is judge.'

Sect. 7. "If any bishop has been found by due process Proof of of law to be a lunatic or of unsound mind, the archbishop incapacity by bishop. may dispense with an inquiry and certify to her Majesty under his hand and seal the incapacity of such bishop, and such certificate shall for the purposes of this Act have the same effect in all respects as if it were the certificate of the archbishop and two bishops made in ance of this act."

pursu

Sect. 8. "The expenses of any inquiry under this act Expenses of into the incapacity of a bishop shall be certified under an inquiry. the hands of any two persons authorized to conduct the inquiry, and when so certified shall be defrayed out of the revenues of the bishopric."

ment of first fruits

and tenths.

Sect. 9. "The annual charge payable in respect of first Apportionfruits and tenths shall, in the case of the appointment of any bishop coadjutor, be paid by such coadjutor and the bishop in proportion to the income received by them respectively in pursuance of this act.”

Sect. 10. "If any bishop coadjutor dies or resigns the Death or

resignation of

a bishop coadjutor.

Application of
act to the
bishopric of
Sodor and
Man.

Application of the act to archbishops.

Provision as to translation of bishops.

same consequences shall ensue, and the same powers in
relation to a bishop coadjutor shall accrue to her Majesty
as upon the receipt of a certificate under this act that
the bishop of the diocese is incapacitated by mental in-
firmity from the due performance of his episcopal duties."
By sect. 11, "this act shall apply to the bishopric of
Sodor and Man in the same manner in all respects as if
it were a bishopric in England, with the following excep-
tions:

(1.) If the Bishop of Sodor and Man resign, his retiring
pension shall be one thousand pounds a year:
(2.) If a coadjutor be appointed to the Bishop of Sodor
and Man the yearly sum payable to such bishop co-
adjutor shall be one thousand pounds a year:
(3.) The Bishop of Sodor and Man shall not be trans-
lated to any diocese of which a bishop coadjutor
has been appointed."

As to the application of this act to archbishops, it is provided as follows:

Sect. 12. "A bishop coadjutor may be appointed in the case of an archbishop being incapacitated by reason of permanent mental infirmity from the due performance of his duties, in the same manner in all respects as if such archbishop were a bishop and his archbishopric a bishopric, and all the provisions of this act shall apply accordingly with the following additions and exceptions:

(1.) That where the incapacity of an archbishop is in
question there shall in the inquiry be substituted
for the archbishop such bishop of his province as
her Majesty may by sign manual determine, on its
being certified to her Majesty by any two bishops
of the province that the archbishop is incapacitated
by permanent mental infirmity from the due per-
formance of his duties, and the nominee of her
Majesty shall in all respects for the purposes of
this act exercise the powers of an archbishop:
(2.) That in the case of the Archbishop of York the
bishop coadjutor shall be entitled to a salary of three
thousand pounds a year, and in the case of the Arch-
bishop of Canterbury to a salary of four thousand
pounds a year:

(3.) That the archiepiscopal jurisdiction capable of
being exercised by the archbishop shall be exer-
cised by the bishop of the province who is senior in
rank."

Sect. 13. "Notwithstanding the appointment of a bishop coadjutor, her Majesty may in the case of the arch

bishopric of Canterbury, the archbishopric of York, or any of the bishoprics of London, Durham, or Winchester, on the death of the archbishop or bishop, exercise the same right of translation as if no bishop coadjutor had been appointed, so that such right be so exercised as to leave an archbishopric or bishopric vacant for the bishop coadjutor, and in the event of any translation or translations taking place the bishop coadjutor shall be entitled to succeed to any archbishopric or bishopric thereby left vacant in the same manner in all respects as if he were a bishop and not a bishop coadjutor, and had been translated to such vacant archbishopric or bishopric."

Sect. 14. "In this act:

66

66

66

Temporalities" shall include all real and personal Definitions.
property held by any archbishop or bishop as such,
and all fees and emoluments receivable by him by
virtue of his office:

Spiritualities" shall include all episcopal and other
jurisdiction of whatever description exercisable by
an archbishop or bishop:

Patronage" shall include all advowsons, rights of
presentation to benefices, and any ecclesiastical or
cathedral preferment or dignity, and all other
appointments to office exercisable by an archbishop
or bishop by reason of his office."

Sect. 16. This act shall remain in force for two years, Duration and further until the end of the then next ensuing session of act. of Parliament; but notwithstanding the expiration of this act all matters and things made and done during its continuance shall remain valid and effectual, and all payments consequential thereon shall continue to be made as if this act had not expired (¿).

(i) This act repeals a previous statute on the same subject, 6 & 7 Vict. c. 22. A special act was passed in 1856 to provide for the

resignation of the then Bishops
of London and Durham, 19 & 20
Vict., c. 115.

CHAPTER III.

PRIESTS AND DEACONS-ORDINATION.

SECT. 1.-Priests and Deacons.

2.-Ordination generally.

3.-The Form of ordaining Priests and Deacons.
4.-The Time and Place for Ordinations.
5.- Qualifications by the general Law.

6.-Qualifications under the later English Law.
7.- Oaths and Subscriptions previous to Ordi-

nation.

8.-Form and Manner of ordaining Deacons. 9.-Form and Manner of ordaining Priests. 10.-Fees for Ordination.

11.-Simoniacal Promotions to Orders.

12.-General Office of Deacons.

13.-General Office of Priests.

14.-Exhibiting Letters of Orders.

15.-Archbishop Wake's Directions in relation to

Orders.

16.-Foreign Ordination.

SECT. 1.-Priests and Deacons.

Who they are. THE bishop is the centre and head of his diocese.

The

At

unity of the Church requires that this should be so, ac-
cording to the theory of ecclesiastical law. No considerable
action with respect to the service of God should be taken
without his actual or implied consent. Beneath him, but
around him, and next to him, come the presbyterium, com-
posed of priests and deacons. Without their counsel, he
formerly undertook no grave or important matter.
his death, they administered the affairs of the diocese until
the appointment of his successor. The minor officers of
the Western Church, sub-deacons, acolytes, exorcists,
readers, ostiaries, formed part of the episcopal staff of
the clerus, were educated with the higher officers, were
promoted to their status, lived under a rule of discipline
or canon, and were canonici-i. e., sub manu episcopi, or
sub ordine canonico; while the monks, who were rarely in
holy orders before the tenth century, by the help of privi-
leges obtained from the pope, acted without, and often
contrary to, the authority of the bishop, and lived in their
monasteries sub ordine regulari.