Since Saxon times English diocesan bishops have been generally nominated by the Crown but it is an important principle that although the Crown nominates, it is acts of the Church - election on behalf of the diocese and confirmation of that election on behalf of the province and the wider Church - which makes the person bishop of the diocese. ‘Election’ is a biblical term, for the divine choice or calling - which may be discerned through human institutions - and thus is an appropriate term for this solemn expression of consent.
The process of appointing Diocesan Bishops starts by Royal Letters Missive and a Congé d’élire, as provided by the Appointment of Bishops Act 1533. The Congé d’élire is a Licence under the Great Seal directed to the Cathedral Chapter to require them to proceed to the Election of a Bishop, with a Letter Missive containing the name of the person to be so elected. The Nominee must be elected and chosen by the Cathedral Chapter within twelve days after the delivery to it of the Licence and Letter Missive. If they fail so to do, the Crown may by Letters Patent under the Great Seal nominate and present in any event.
Until the Criminal Law Act 1967 abolished the penalties of Praemunire, if a Chapter failed to elect the Crown’s nomination within the twelve days, then each member would be in contempt of the Crown, and become outlawed, which meant that all their lands and goods were forfeited to the Crown.
On Election of the Crown’s nominee, the person nominated becomes the Lord Bishop Elect of the Diocese. The Chapter certifies the Election to the Crown and to the Archbishop of Canterbury, and the Crown then requires the Archbishop to confirm the Election. This is carried out at a special ceremony at which the Chapter’s appointed Proctor or Proxy deals with the legal documentation.
The Confirmation of Election is to be held in London on 23rd March and on that date Bishop John Pritchard will become the Bishop of Oxford, and assume from the Archbishop all rights of Office, other than those known as Temporalities which vested in the Crown on the vacation of the See of Oxford. These are principally the rights of Patronage of those Parishes in the Bishop’s gift. These will be returned to the Bishop when he pays Homage to Her Majesty, by taking an Oath of Fealty to her. This is expected to take place on 2nd May.
