Jason Loch
jasonloch.bsky.social
Jason Loch
@jasonloch.bsky.social
77 followers 28 following 110 posts
I am a historian of the British constitution whose work focuses on the Crown, the House of Lords, and the Church of England. You can read my blog here: venerablepuzzle.wordpress.com.
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Although the PCC is involved in the appointment process, the Ecclesiastical Secretary in the Cabinet Office ultimately decides which name is recommended to the Lord Chancellor. It's a substantive role rather than a rubber stamp.
I agree. On a side note, while not reflective of his legal acumen, I stumbled upon this anecdote about Tristram that legitimately made me chuckle.
The teste clause ("In Testimony whereof We cause these Our Letters to be made Patent") also differs from the more common "In Witness whereof We have caused these Our Letters to be made Patent." 3/3
The main difference is the warranty ("By the Lord High Chancellor of Great Britain"). This reflects the fact that the King is not involved in making these appointments and the Great Seal is affixed by the Lord Chancellor without the authority of a Sign-Manual Warrant. 2/3
The Lord Chancellor makes a number of ecclesiastical appointments including presentations to Crown benefices valued at less than £20 in The King's Book. Here's what an instrument of appointment to one of these benefices looks like. 1/3
Tristram may have been chosen because he was connected to the Diocese of Canterbury through his role as Commissary General.
These figures come from "Return of Fees paid by Archbishop of Canterbury on his Promotion to Primacy," House of Commons Papers, LIII.7, (1883). 2/2
Becoming Archbishop of Canterbury used to be an expensive proposition. Edward White Benson had to pay a total of £885/5/6. According to The National Archives' currency converter, that is the equivalent of approximately £58,591.66! 1/2
Yes; if you DM me your email address, I'll send it to you. I can also send you the Vicar-General's judgment from the Bishop of Gloucester's confirmation if you like.
Before the Church Commissioners, the Crown's guardianship of the temporalities could be quite lucrative. There were a number of cases in the middle ages and early modern period where the Monarch deliberately prolonged a vacancy in order to benefit from the diocese's revenues. 3/3
Under s. 2 of the Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010, the Crown’s sede vacante patronage is exercised on behalf of the Monarch by whichever bishop is tending to the diocese. 2/3
Nowadays, the property assets of a diocese are vested in the Church Commissioners so the only temporalities the Monarch controls during a vacancy are the rights of patronage belonging to the vacant See. In practice, they don't even control that anymore. 1/3
Mullally's public ministry as Archbishop will begin after her enthronement in Canterbury Cathedral. And although she was a member of the House of Lords as Bishop of London, she'll be reintroduced after her translation to Canterbury. 17/17
After the homage, the King will issue sign a Warrant for the restitution of the archbishopric's temporalities. This involves several different instruments, including a mandate to the tenants of the archbishopric and writs to the relevant escheators. 16/17
However, the Crown will retain the temporalities of the See of Canterbury until Mullally does homage to the King. This involves her kneeling in front of the King while the Lord Chancellor administers an oath to her wherein she acknowledges the King's supremacy. 15/17
At the end, the Commissioners will hand down a sentence which commits the spiritualities of the See of Canterbury to Mullally (here an excerpt from the sentence in the Bishop of Bristol's confirmation proceedings). At this point, Mullaly will legally be Archbishop. 14/17
The confirmation ceremony is both a legal proceeding and a church service. The legal portion has several components, but the main purpose is establishing the legal validity of the election and the consent of the Archbishop-Elect to her election. 13/17
Generally speaking, opposing an episcopal election is a futile task, as the courts have ruled that there are only a few valid grounds for challenge (e.g., claiming that the person purporting to be elected is not actually the Crown's nominee). 12/17
The Vicar-General of Canterbury will probably still hear any objections, however. And there may well be objections. Someone showed up to oppose Mullally's election as Bishop of London, but the Vicar-General dismissed the matter in a brief 2-page judgment. 11/17
Here's an example of such a Mandate. Note that it was issued in the name of the Archbishop of Canterbury, but for the confirmation of an archbishop's election, it will probably be issued in the Commissioners' names. 10/17
Before the election is confirmed, the Commissioners will issue a Mandate giving public notice of the proceedings and requiring anyone who would oppose the election to appear at the day and time specified to present their case. 9/17
The King will then issue Letters Patent giving Royal Assent to Mullally's election and directing a commission led by the Archbishop of York to confirm the election. Here's the Warrant for the Letters Patent assenting to Rowan Williams' election. 8/17
After the election is complete, the College of Canons will certify Mullally's election to the King. Here's an example of a certification from the See of Hereford. 7/17
Canterbury Cathedral may have had a custom of nominating a member of the Chapter to be a pro forma opponent to the Crown's nominee. I've only seen this custom mentioned once, and I don't know if it endures to the present day. 6/17
By law, the College of Canons of Canterbury have 12 days to elect the Crown's nominee. If they fail to do so, the King could appoint her by Letters Patent. Formerly, the Dean and Chapter would also incur the penalties of praemunire, but this is no longer the case. 5/17