“The three patriarchs of Alexandria, Antioch, and Jerusalem are elected by their respective synods, composed of metropolitans.
“The metropolitans and bishops of each patriarchate are elected by the respective patriarchs, together with their synods.”
Did the Patriarch of Constantinople, in agreeing, on the invitation of Dr. von Döllinger, to send representatives of the Greek Orthodox Church to the Old Catholic Church Congress at Bonn, forget that, according to Mgr. Reinkens, all bishops who have not been elected by the clergy and the people are illegitimate bishops, that their sees are all vacant, that this mode of election is of divine precept, and consequently immutable?
“We know not,” says Father Tondini, “which of the two is more to be wondered at: the boldness of the Old Catholics in inviting the patriarch to be represented at the congress, or the logical inconsistency of the patriarch in accepting the invitation.”
Next, with regard to the Orthodox Church of the Russian Empire.
No one who may have read “The Future of the Russian Church,” which recently appeared in the pages of The Catholic World,[199] will need to be told how little voice either the inferior clergy or people of Russia have in the election of their bishops. The Most Holy Governing Synod proposes to his majesty two persons (on an eparchy becoming vacant), and that one of the two selected by the czar is chosen and consecrated.[200] (See Consett, Spiritual Regulation of Peter the Great.)
In the formula of the oath taken by the Russian bishops before being consecrated, they engage themselves to yield true obedience to the Holy Synod, “the legitimate authority instituted by the pious Emperor Peter the Great of immortal memory, and confirmed by command of his (or her) present imperial majesty,” and to obey all the rules and statutes made by the authority of the synod agreeably to the will of his (or her) imperial majesty, adding the following words: “Furthermore, I do testify that I have not received this province in consideration of gold or silver given by me, … but I have received it by the free will of our most serene and most puissant sovereign (by name), and by the election of the Holy Legislative Synod.[201] Moreover, at the beginning of the ceremony the bishop-consecrator thus addresses the newly-elected bishop: “Reverend Father N., the Most Serene and Most Puissant Czar N. N. hath commanded, by his own singular and proper edict, and the Holy Legislative Synod of all the Russias gives its benediction thereto, that you, holy sir, be bishop of the city of N.”; to which the future bishop is made to answer: “Since the Most Serene, etc., Czar has commanded, and the … synod … has judged me worthy to undertake this province, I give thanks therefor, and do undertake it and in nowise gainsay.”[202]
After similarly disposing (with regard to the remaining Oriental churches) of Mr. Gladstone’s extraordinary assertion that “the ancient principles of popular election and control exist in the Christian East”—an assertion of which also he makes use as a weapon against the Catholic Church[203]—Father Tondini passes on to the election of bishops in the Anglican Church. With regard to this, the following abstract from Stephen is amply sufficient to show how far “the principles of popular election” prevail in the nomination of the bishops of the Establishment:
“By statute 25 Henry VIII. c. 20 the law was altered and the right of nomination secured to the crown, it being enacted that, at every future avoidance of a bishopric, the king may send the dean and chapter his usual license to proceed to election, or congé d’elire, which is always to be accompanied with a letter missive from the king, containing the name of the person whom he would have them elect; and if the dean and chapter delay their election above twelve days, the nomination shall devolve to the king, who may by letters-patent appoint such person as he pleases. This election or nomination, if it be of a bishop, must be signified by the king’s letters-patent to the archbishop of the province; if it be of an archbishop, to the other archbishop and two bishops, or to four bishops, requiring them to confirm, invest, and consecrate the person so elected; which they are bound to perform immediately, without any application to the See of Rome. After which the bishop-elect shall sue to the king for his temporalities, shall take oath to the king and to none other, and shall take restitution of his secular possessions out of the king’s hand only. And if such dean and chapter do not elect in this manner by this act appointed, or if such archbishop or bishop do refuse to confirm, invest, and consecrate such bishop-elect, they shall incur all the penalties of a præmunire—that is, the loss of all civil rights, the forfeiture of lands, goods, and chattels, and imprisonment during the royal pleasure. It is to be observed, however, that the mode here described of appointing bishops applies only to such sees as are of old foundation. The five new bishoprics created by Henry VIII. … have always been donatives, and conferred by letters-patent from the crown; and the case is the same as to the bishopric of Ripon, now recently created” (Stephen’s Commentaries on the Laws of England, vol. iii. p. 61).
In concluding his essay, Father Tondini repeats Mgr. Reinkens’ words: “If the great bishops of the ancient church were to return to life in the midst of us, … never! no, never! would they have received into their company, in the quality of a Christian bishop, one who had not been chosen by the people and the clergy; this mode of election was considered by them as of divine precept, and consequently as immutable”; and then asks: “How can the support given by the state churches and governments of England and Russia to Old Catholicism be explained? Is it for the purpose of declaring that all the episcopal sees, both of England and Russia, are vacant and awaiting the choice of the people?”