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I notice Francis Young omits the provision in the Act which threatens any Canon failing to appear in person at the election is liable to have all their goods confiscated. As Francis won’t be there, one can understand this omission!
This absurd charade was nearly done away with many years ago in a late night sitting of The Commons. Unfortunately Enoch Powell rambled on and it remains on the Statute Book.
The penalty for not electing the person nominated by the Crown is to be subject to the provisions of the statute of praemunire. However, any penalties imposed by that statute have been repealed, so that although the offence remains there is no penalty. Members of the College of Canons do not risk incarceration in the Tower. (Phew!)
Bishops have been elected by cathedral chapters (or in former times by the prior and convent in some of the cathedrals) since ancient times. It hurts no one to retain this historic election process, perhaps the oldest elections still taking place in England, albeit somewhat residual. It gives an ecclesiastical legitimacy over and against appointment by the Crown.
I think you’re succumbing to historical romance. It seems a redundant farce to me.
One person’s historical survival is another person’s redundant farce.
The only occasion since the Reformation which it was not a redundant farce was in the celebrated election to the see of Hereford in 1847. The then dean and antiquary, John Merewether, had been promised a bishopric by the dying William IV. Merewether had helped organise the tory party in elections for the borough of Hereford (both parliamentary elections and elections for the corporation), and reckoned this to be a credible justification for a bishopric. Merewether had hoped to be preferred to the see of St David’s in 1840, but was passed over by the whig Melbourne. Then, when Sir… Read more »
Wasn’t the Act created so the dictator and bully Henry VIII could appoint whoever he wished?
Not really no. It simply codified in English law what had for hundreds of years been the actual case — that the monarch had made the nomination and the chapter or convent had elected the king’s nominee. The act also codified that there was no requirement in English law for input from the Bishop of Rome. There are instances of chapters or convents electing someone else through the Middle Ages, but not very many I think.
…and it is a complete waste of money as presumably the lawyers who attend have to be paid. So unnecessary.
Might there be a freedom of information request for someone to make to obtain the cost of this ceremony?
Personally, I’m torn between Shamus’ and Simon’s positions on this one.