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(1.) To the Judicial Committee of the Privy Council. The ultimate appeal in causes ecclesiastical is to the Queen in Council, i.e., to the Judicial Committee, whose recommendation when formally made is, as a matter of course, accepted and enforced by the Crown. This tribunal was substituted for the ancient Court of Appeal by the Church Discipline Act, 1840. By the Appellate Jurisdiction Act, 1876, a rotation of episcopal assessors was provided; and the Court, as reconstituted, was convened for the first time in Mr. Ridsdale's Case-the Archbishop of Canterbury sitting (as a councillor) at the Council Table, and the Bishops of Chichester, St. David's, Ely, and St. Asaph, the other episcopal assessors, sitting apart. The rotation of episcopal assessors is arranged by an Order in Council. (Guardian, 6th and 13th Dec., 1876.)
(2.) To the Archbishop, may be made under several statutes affecting the clergy.
If a licence of non-residence be refused by the Bishop there is an appeal to the Archbishop within a month after refusal, by sec. 43 of 1 & 2 Vict. cap. 106, and other adjudications of the Bishop under that Act are also liable to review by the Archbishop. An incumbent of a populous parish who has been directed by his Bishop to nominate two curates, has the right of appeal to the Archbishop (sec. 86). Under sec. 98 of the same statute the power of the Bishop to revoke a curate's licence is qualified by the right of the latter to appeal to the Archbishop, "who shall confirm or annul such revocation, as to him shall appear just." It has been decided that the Archbishop must hear the appellant before deciding: and that the Archbishop's decision is final. (Mr. Poole's Case.) All appeals under this Act to the
Archbishop must be in writing. Security for costs may be required: and costs may be awarded by the Archbishop.
(3.) There is also an appeal to the Provincial Courti.e., the Arches Court, or the Chancery Court of York (as the case may be), from a Consistorial Court, or from a Court of an Archdeacon. (4.) The Court of Arches may entertain an appeal from a decision of the Bishop acting as visitor of the Dean and Chapter of his cathedral. (Exeter Case, Phill. Judgm. 343.)
Vide DISCIPLINE: JUDICIAL COMMITTEE.
This title appears to have been first used no earlier than the fourth century; and three hundred years later it had been assumed by many Bishops. In England from time immemorial there have been only the Archbishops of Canterbury and York. The former prelate is the head, and convener, as being in dignity the first, of the Bishops of the Anglican communion throughout the world. An Archbishop, apart from his ordinary episcopal jurisdiction over his own diocese, has a certain jurisdiction over all the Bishops of his province, who are sometimes, in relation only to their metropolitan, styled suffragans. The Archbishops of Canterbury have several times held visitations of the province; but they have not of late claimed any extensive powers of this kind. The Archbishop summons his provincial synod, or convocation: but whether he can at his discretion dissolve the assembly seems questionable. Turning to the statutory powers given in recent times, it may be observed that the Archbishop of Canterbury alone may give a licence to a clergyman to hold more than one benefice; or may give a special marriage licence; or may give a licence for deacon's orders under the age of twenty-three.
The following powers have been given to the Arch
bishops of the two provinces. An appeal by a curate (as to dismissal, refusal of licence, &c.) may be made to an Archbishop under stat. 1 & 2 Vict. cap. 106, ss. 98 & III. The Archbishop, although the final decision rests with him, is bound to hear an appellant curate before deciding the matter. (Mr. Poole's Case.) The Archbishop's consent is requisite before any incumbent can lawfully reside out of the limits of his benefice (1 & 2 Vict. cap. 106, sec. 44). Under the P. W. R. Act, 1874, in case the Bishop is interested in the advowson, or is incapacitated by illness, the Archbishop is to act in place of the Bishop. If both are prevented from acting (and this actually occurred in Mr. Dale's Case) the Queen appoints some other prelate to act.
The chief assistant of the Bishop in his diocesan work-oculus episcopi. He is usually appointed by the Bishop, and installed in a special seat in the cathedral. An Archdeacon must have been six years in priest's orders (3 & 4 Vict. cap. 113, sec. 27). He is not so strictly bound by the laws against pluralities as are other beneficed clergy (1 & 2 Vict. cap. 106). He is expected to visit the clergy of his archdeaconry once in three years; but he may do so oftener. The Archdeacon may hold a Court, appointing an Official to preside therein; and this is the proper tribunal before which should be brought disputes relative to the office of parish-clerk (7 & 8 Vict. cap. 59). The Archdeacon may sit with the Bishop to hear cases under the Church Discipline Act (sec. II); and he may make a representation to the Bishop of any infringement of law within the terms of the P. W. R. Act (sec. 8). In some of the details the usages of dioceses as to the status, remuneration, and powers of the Archdeacon differ. The Archdeacon, assisted by the Rural Dean, observes the condition of the structures and glebe houses; and if the latter are in bad
condition reference is made to the surveyor appointed for such purposes, who reports to the Bishop. The name and area of an archdeaconry may, under certain limitations, be changed by the Ecclesiastical Commissioners. (37 & 38 Vict. cap. 63.)
Arches, Court of,
Derived its name from architectural features of Bow Church, Cheapside, which was the chief of the thirteen London churches which were peculiars of Canterbury. It is the Consistory and principal Court of the province of Canterbury; and is bound to take cognizance, as a Court of first instance, of all causes sent on letters of request by the Bishops of the province (Phill. Judgm. 201); and it has a certain jurisdiction over all other Ecclesiastical Courts of the southern province. The analogous Court in the northern province is the Chancery Court of York. The Dean of the Arches is Vicar-General and Master of the Faculties, as well as Official Principal of the Primate. On the resignation of this office by Sir R. Phillimore in 1875, Lord Penzance (ex-judge of the Probate Court) was appointed thereto by the Primate; prior to which he had been by the two Archbishops, with the Queen's consent, appointed Judge under the P. W. R. Act, 1874.*
Vide APPEAL DISCIPLINE.
Articles of Religion, XXXEX.
By 13 Eliz. cap. 12, every clergyman advisedly maintaining or affirming any doctrine directly contrary or repugnant to any of the Articles is liable to depriva
*Hence it follows that all cases under the P. W. R. Act, as well as ordinary ecclesiastical causes, are now tried by the Dean of Arches. He hears cases under that Act, not by virtue of his general jurisdiction, but limited by the terms of that Act and the rules made thereunder. Tooth v. Hudson (Prohibition), Q. B., Nov., 1877.
tion. This being a penal statute, in any proceeding under it such of the Articles as are alleged to be contravened must be specifically pleaded. The Court will construe the Thirty-nine Articles, and will consider whether the accused (in a sermon or in a published book) has contradicted or impugned them: and unless the accused make a due retractation the Court will pronounce sentence of deprivation. (Heath v. Burder, 15 Moore, P. C. 1.) These rules were also considered in the suits arising out of the publication of Essays and Reviews,' which suits were (on appeal from the Arches Court) dismissed, the passages complained of not being "directly contrary" to the plain words of the Articles. Amongst other important conclusions in these suits were the following:-that the inspiration of every part of the Holy Scriptures is not plainly taught by the Articles and Formularies of the Church; and that it is allowable for a clergyman to express a hope as to the ultimate restoration of the wicked. (Williams v. Bp. of Salisbury, and Wilson v. Fendall, 2 Moore, P. C. (N.S.) 375.) The case of Mr. Voysey and other cases under this statute are noted in Phill. Eccl. Law, 1101-2. A clergyman now makes a declaration of assent to the Articles, instead of the subscription formerly required. Vide ORDINATION.
(1.) On the translation or death of a Bishop, the fact is certified by the Dean and Chapter to the Sovereign in Chancery; on which a licence, known as a congé d'élire, to proceed to a new election is issued to the Dean and Chapter, together with a letter-missive, followed by mandate for confirmation. But in the cases of St. Alban's, Truro, and Sodor and Man, there being no Dean and Chapter, the nomination takes place directly by Letters Patent under the Great