The Sun.
London, England, 1861-09-18 00:00:00

STATUS OF SCOTTISH BISHOPS IN
ENGLAND.

IDr. Travers Twiss, vicar-general of the province
of Canterbury, and judge of the Consistory Court of
the diocese of London, has just given an important
opinion as affecting the position of bishops of the
Episcopal Church of Scotland in this country. For
some time past Dr. Trower, who was consecrated
Bishop of Glasgow in 1848, but resigned that ap-
pointment in 1859, and some months ago was ap-
pointed to the sub-deanery of Exeter Cathedral—
has been exercising episcopal functions in the dio-
cese—consecrating churches, confirming, &c. The
following points were submitted to Dr. Twiss :-1.
Whether an English bishop can lawfully appoint,
as his coadjutor, a bishop of the Scottish Episcopal
Church to perform episcopal and spiritual functions
lin England, as to consecrate churches and hold con-
firmations ? Whether, under the 60th canon of the
English Church, power to confirm can be delegated
at all ? Must not the rite be performed personally
by the bishop of the diocese in which the confirma-
tion is held, or by his suffragan lawfully appointed
Or is there any statutable provision enabling him
to delegate that function or to appoint a coadjutor
for any spiritual purpose ? 3. Especially, does the
restricted power to officiate in English churches,
given to bishops and presbyters of the Episcopal
Church in Scotland by the Act of 3d and
4th Victoria, c. 33, extend to the performance
of episcopal functions at all ? The permissive
words, applying alike to bishops and priests,
are—" To perform Divine service and preach
and administer the sacraments." Are not these
words satisfied by the performance of priestly as
distinct from episcopal functions ? -And must not
the terms " Divine Service" and " Sacraments" as
used in the act, be construed to answer to the
Book of Common Prayer and Administration of the
Sacraments, " excluding other rites and ceremonies
of the Church, and the form or manner of making,
ordaining," &c., which is the full title of our Eng-
lisn Service-book? If the enabling words of this
act can be construed to extend to confirmation, why
not to ordination also ? Would not a Scottish
bishop be subject to the penalty of £5O under the
section sof the act for holding a confirmation or
performing any episcopal functions? 4. Would a
clergyman, declining to present candidates for con-
firmation, when a Scotch bishop is delegated to per-
form the rite, be liable to ecclesiastical censure for
canonical disobedience ? That England is very
jealous of recognising Scotch episcopacy is apparent
from the statute-book, and no marvel considering
its early history. See 10th Anne, c. 7 ; 21st George
IL, c. 34 ; and 32d George 111., c. 63 ; be sides 3d.
and 4th Vic., c. 33, already specially referred to.
It is observable, moreover, that in the statutes deal-
ing with the discharge of episcopal functions in
England the legislature is careful to use express and
distinct terms. See 26th George 111., c. 84, sec. 3 ;
6th and 7th Vict., c. 62 ; 15th and 16th Vict., c. 52.
Dr. Twiss replies as follows :—" 1. I am of opinion
that a bishop of the Scottish Episcopal Church can-
not be lawfully appointed coadjutor of a bishop of the
United Church of England and Ireland. 2. I am
of opinion that a bishop of the united church of
England and Ireland may commission another bishop
who is not disqualified by the law of the land to
hold confirmations within his diocese, notwith-
standing anything in the 60th canon. lam of opi-
nion that the power given to bishops and priests of
the episcopal church of Scotland under 3d and 4th
Vic., c. 33, to perform Divine Service and to
preach and administer the sacraments, does not
extend to the exercise of episcopal functions in an.
English diocese. I think that a Scotch bishop exer-
cising episcopal functions in an English diocese
would be subject to the penalty imposed by 3d and.
4th Vict., c. 33, sec. 5. I think a minister of the
Church of England would not be liable to ecclesias-
tical censure for canonical disobedience if he were
to omit to present any candidates for confirmation
by a Scotch bishop under the circumstances stated."