A church dictionary

by Walter Farquhar Hook

EXAMINATION BEFORE INSTITUTION. In the first settlement of the Church of England, the bishops of the several dioceses had them under their own immediate care, and that of the clergy living in a community with them, whom they sent abroad to several parts of their dioceses, as they saw occasion to employ them; but by degrees, they found it necessary to place presbyters within such a compass, that they might attend upon the service of God amongst the inhabitants. These precincts, which are since called parishes, were at first much larger; and when lords of manors were inclined to build churches for their own convenience, they found it necessary to make some endowments, to oblige those who officiated in their churches to a diligent attendance: upon this, the several bishops were very well content to let those patrons have the nomination of persons to those churches, provided they were satisfied of the fitness of those persons, and that it were not deferred beyond such a limited time. So that the right of patronage is really but a limited trust; and the bishops are still in law the judges of the fitness of the persons to be employed in the several parts of their dioceses. The patrons never had the absolute disposal of their benefices upon their own terms; but if they did not present fit persons within the limited time, the care of the places did return to the bishop, who was then bound to provide for them.

By the statute Articuli cleri, 9 Edward II. s. 1, c. 13, it is enacted as follows:—“It is desired that spiritual persons, whom our lord the king doth present unto benefices of the Church, (if the bishop will not admit them, either for lack of learning, or for other cause reasonable,) may not be under the examination of lay persons in the cases aforesaid, as it is now attempted, contrary to the decrees canonical; but that they may sue unto a spiritual judge for remedy, as right shall require.” The answer:—“Of the ability of a person presented unto a benefice of the Church, the examination belongeth to a spiritual judge; so it hath been used heretofore, and shall be hereafter.”

“Of the ability of a person presented”—De idoneitate personæ: so that it is required by law, that the person presented be idonea persona; for so be the words of the king’s writ, præsentare idoneam personam. And this idoneitas consisteth in divers expressions against persons presented:—1. Concerning the person, as if he be under age or a layman. 2. Concerning his conversation, as if he be criminous. 3. Concerning his inability to discharge his pastoral duty, as if he be unlearned, and not able to feed his flock with spiritual food. And the examination of the ability and sufficiency of the person presented belongs to the bishop, who is the ecclesiastical judge; and in this examination he is a judge, and not a minister, and may and ought to refuse the person presented, if he be not idonea persona.

“The examination belongeth to a spiritual judge;” and yet in some cases, notwithstanding this statute, idoneitas personæ shall be tried by the country, or else there should be a failure of justice, which the law will not suffer; as if the inability or insufficiency be alleged in a man that is dead, this case is out of the statute; for in such case the bishop cannot examine him; and, consequently, though the matter be spiritual, yet shall it be tried by a jury; and the court, being assisted by learned men in that profession, may instruct the jury as well of the ecclesiastical law in that case, as they usually do of the common law.

By a constitution of Archbishop Langton:—“We do enjoin, that if any one be canonically presented to a church, and there be no opposition, the bishop shall not delay to admit him longer than two months, provided he be sufficient.”

But by Canon 95—“Albeit by former constitutions of the Church of England, every bishop hath had two months’ space to inquire and inform himself of the sufficiency and qualities of every minister after he hath been presented unto him to be instituted into any benefice, yet for the avoiding of some inconveniences, we do now abridge and reduce the said two months unto eight and twenty days only. In respect of which abridgment we do ordain and appoint that no double quarrel shall hereafter be granted out of any of the archbishops’ courts, at the suit of any minister whatsoever, except he shall first take his personal oath, that the said eight and twenty days at the least are expired after he first tendered his presentation to the bishop, and that he refused to grant him institution thereupon; or shall enter into bond with sufficient sureties to prove the same to be true; under pain of suspension of the granter thereof from the execution of his office for half-a-year toties quoties, to be denounced by the said archbishop, and nullity of the double quarrel aforesaid so unduly procured, to all intents and purposes whatsoever. Always provided, that within the said eight and twenty days, the bishop shall not institute any other to the prejudice of the said party before presented, sub pœna nullitatis.

“Every bishop hath had.”—The canon mentions bishops, only because institution belongeth to them of common right; but it must also be understood to extend to others, who have this right by privilege or custom, as deans, deans and chapters, and others who have peculiar jurisdiction. Concerning whom it hath been unanimously adjudged, that if the archbishop shall give institution to any peculiar belonging to any ecclesiastical person or body, it is only voidable; because they being not free from this jurisdiction and visitation, the archbishop shall be supposed to have a concurrent jurisdiction, and in this case only to supply the defects of the inferiors, till the contrary appears. But if the archbishop grant institution to a peculiar in a lay hand, it is null and void; because he can have no jurisdiction there.

“To inquire and inform himself.”—In answer to an objection made, that the bishop ought to receive the clerk of him that comes first, otherwise he is a disturber, Hobart saith, the law is contrary; for as he may take competent time to examine the sufficiency and fitness of a clerk, so he may give convenient time to persons interested, to take knowledge of the avoidance, (even in case of death, and where notice is to be taken and not given,) to present their clerks to it.

Canon 39. “No bishop shall institute any to a benefice, who hath been ordained by any other bishop, except he first show unto him his letters of orders; and bring him a sufficient testimony of his former good life and behaviour, if the bishop shall require it; and, lastly, shall appear upon due examination to be worthy of his ministry.”

“Except he first show unto him his letters of orders.”—And by the 13 & 14 Charles II. c. 4, no person shall be capable to be admitted to any parsonage, vicarage, benefice, or other ecclesiastical promotion or dignity whatsoever, before such time as he shall be ordained priest, and bring a sufficient testimony of his former good life and behaviour. By the ancient laws of the Church, and particularly of the Church of England, the four things in which the bishop was to have full satisfaction in order to institution, were age, learning, behaviour, and orders. And there is scarce any one thing which the ancient canons of the Church more peremptorily forbid, than the admitting clergymen of one diocese to exercise their function in another, without first exhibiting the letters testimonial and commendatory of the bishop by whom they were ordained; and the constitutions of the Archbishops Reynolds and Arundel show that the same was the known law of the English Church, to wit, that none should be admitted to officiate (not so much as a chaplain or curate) in any diocese in which he was not born or ordained, unless he bring with him his letters of orders, and letters commendatory of his diocesan.