Methods of Episcopal Appointment and Election—Part 2

By Robin G. Jordan

In the first part of this article I began an examination of the methods of electing bishops used in the Provinces of the Anglican Communion. In this second part of the article I complete my examination of the methods used in the Anglican Church of Australia and take a look at those used in five global South Provinces—Kenya, Nigeria, Rwanda, Southern Cone, and Uganda—and four Northern Hemisphere Provinces—Canada, England, Ireland, and Wales. I also examine the method used in the Church of England in South Africa, which is not a part of the Anglican Communion.

Diocese of Tasmania. A list of nominees is prepared by Nomination Committee elected by the Synod of the Diocese. At a special meeting the Synod goes into a committee of the whole to consider the mode of electing a new Bishop. Section 7. [1](iv)-[2] of the Bishop’s Retirement and Election Ordinance 1985 delineates the procedure to be followed by Synod at this point:

(iv) The Committee shall report to Synod the result of its deliberations, and may, if circumstances require, obtain leave to sit again to consider the matter further, and report to Synod.
(v) Upon the Committee reporting to Synod the motion shall be proposed, "That Synod now proceed to the election of a Bishop".
(vi) If such motion be passed Synod shall proceed with the election as hereinafter provided.
(vii) If such motion as aforesaid be negatived or if the election proceedings prove abortive the motion shall be proposed, "That Synod requests the Primate with the other Archbishops and Diocesan Bishops in Australia to elect a Bishop to this See".
[2] If an election is made or if the appointment is delegated as hereinbefore provided a declaration of the fact shall be signed in the presence of and on behalf of Synod by the Administrator of other person presiding, who shall cause a copy thereof to be recorded in the Bishop's Registry.

Section 10 of the same ordinance directs the Administrator of the Diocese to give effect to the decision of Synod:

10. When Synod has elected a Bishop-elect or has delegated the appointment as hereinbefore provided, the Administrator shall take all steps necessary to give effect to its decision in accordance with the Rules for the Confirmation and Consecration of Bishops as prescribed by Canon of the General Synod of the Anglican Church of Australia, and accepted by Synod or other the rules at the relevant time accepted by Synod.

The appointment of Assistant Bishops is made by the Bishop of the Diocese with the concurrence of the Diocesan Council; their appointment as to canonical fitness must be confirmed by the Primate, one or more Metropolitans, or the Chancellor of the Diocese. The definition of “canonical fitness” in Section 74(1) of the Constitution of the Anglican Church of Australia applies to any such confirmation:

"Canonical fitness" means, as regards a person, that:
(a) the person has attained at least 30 years of age;
(b) the person has been baptised; and
(c) the person is in priests' orders.

Diocese of Willochra. Nomination by Bishopric Nomination Committee consisting of the Diocesan Administrator and clerical and lay members of the Synod of the diocese elected by the Synod. Election by the Synod, meeting as an Election Synod. The regulations of the Diocese of Willochra contains these two provisions:

Regulation Two: The Bishop

18. If the Synod fails on two successive occasions to elect a Bishop it shall be competent for the Synod either absolutely or subject to any conditions it may think fit to impose to delegate its power and authority to elect a Bishop to the Primate, conjointly with some other Bishops of the Dioceses of the Anglican Church of Australia to be named by the Synod.

19. If no such election of a Bishop as provided for by clauses 8 to 17 of this Regulation or no appointment of a Bishop under any delegated power and authority hereinbefore referred to shall be made within a period of twelve months from the date of the vacancy of the See then the appointment of a Bishop shall for this occasion pass to the Primate conjointly with the Bishops of the Dioceses of the Anglican Church of Australia and shall be made by them.

The election or appointment must be confirmed under the provisions of the Constitution of the Anglican Church of Australia or “any Canon of the General Synod that may for the time being be in force and binding” on the diocese.

Anglican Church of Canada. The Anglican Church of Canada is divided into several provinces like the Anglican Church of Australia. The method of episcopal election described here is that of the Province of Canada, which appears to be typical of that of the Canadian Church’s provinces.

Upon the announcement of the resignation, retirement or death of a Bishop, or the vacancy of a See the Diocese notifies the Metropolitan and requests an Electoral Synod, which is a special meeting of the Diocesan Synod for the purpose of electing a bishop. Diocesan Council appoints or elects a Search Committee, which may, at the request of the Diocesan Council or the Search Committee, also include members appointed by the Metropolitan from among the members of the Provincial Synod from other dioceses and in the case of the election of a suffragan bishop, the diocesan bishop. The Search Committee prepares a list of candidates. The Provincial House of Bishops may nominate candidates in addition to those nominated by the members of the Diocesan Synod. Nominations may also be made from the floor at the Electoral Synod. The Metropolitan or his duly appointed representative convenes the Electoral Synod and presides over it. After the election of a bishop elect the Metropolitan polls the bishops of the province regarding their concurrence or objection to the election. The Provincial House of Bishops considers and determines any objection to an election and its decision is final.

Anglican Church of Kenya. Diocesan and coadjutor bishops—Nomination by members of diocesan synod and provincial standing committee, election by electoral college consisting of members of provincial standing committee appointed by archbishop in consultation with house of bishops and of members of diocesan standing committee elected by diocesan synod

Suffragan and assistant bishops—Nomination and appointment by the diocesan bishop subject to the approval of the diocesan standing committee and the episcopal synod of the province including the archbishop

Anglican Church of Rwanda. Under the provisions of Canon 23 the Diocesan Council nominates four candidates for bishop of a diocese. The Diocesan Synod chooses two candidates from the four and presents them to the House of Bishops which elects one of them to be the Bishop. If there is a tied vote, the candidate who has served the longest by date of ordination as a priest is declared elected. If the date of ordination is the same, the candidate who has served the longest by the date of ordination as a deacon is declared elected. If this date of ordination is the same the oldest according to date of birth is declared elected. This method for resolving a tie is taken from the norms and principles set out in the Roman Catholic Code of Canon Law. If the House of Bishops does not find either of the two candidates to be suitable, it may reject them and request two more nominees from the diocese until it finds a suitable candidate and elects him to be bishop of the diocese. The election of a bishop must also be confirmed by the Primate of the Anglican Church of Rwanda.

The creation of the office of a coadjutor or suffragan bishop requires the consent of the Diocesan Synod and the approval and consent of the House of Bishops. The canon does not state how a coadjutor or suffragan bishop is nominated or appointed or elected.

Anglican Church of the Province of the Southern Cone of the Americas. Under the provisions of the Canons 2.2 of the Province of Southern Cone a diocese nominates and elects the bishop of the diocese according to the canons of the diocese, and the Provincial Executive Council, in conjunction with the all the Bishops of the Province, confirm the election of the bishop elect. If the Provincial Executive Council and the Bishops of the Province refuse to confirm the election, the diocese has the right to ask them to reconsider. If they subsequently refuse again to confirm the election, the diocese must conduct a new election.

If a diocese fails to elect a bishop after two attempts, the diocese may request that the province designate a bishop. If a diocese has not elected a bishop and the see has been vacant for two years, the province must elect a bishop. The Provincial Executive Council assumes the role of the synod or its equivalent of the diocese, and designates a Nominations Committee to conducts a search process and to interview prospective candidates or the Provincial Executive Council itself may conduct the search process and interview prospective candidates. The Provincial Executive Council at a regular or special meeting elects a bishop for the diocese and submits the election of the bishop elect to the bishops of the province for confirmation.

Auxiliary bishops are elected in the same manner as the bishop of the diocese.

Church in Wales. Nomination and election by episcopal electoral college consisting of bishops of the province and clerical and lay electors from a panel of electors elected by the diocesan conference of each diocese. Confirmation of the election of the bishop elect by the Bench of Bishops. If the episcopal electoral college fails to elect a new bishop, the right to fill the vacancy passes to the province’s Bench of Bishops.

Church of England. Nomination by the Crown Commissioners, final selection by the Prime Minister, and formal appointment by Her Majesty the Queen

Church of England in South Africa. Bishops are elected by the General Synod of the Church of England in South Africa. They are appointed by the General Synod to oversee and lead the churches in a particular area and are designated by the title “Area Bishop.” An Area Bishop is normally the rector of a congregation. He is elected for a term of 10 years and is eligible for further terms of 5 years each, subject to the mandatory retirement age of 68. Notice of a pending election of a bishop must be given at least three months in advance of the Synod at which the election is to be held.

Church of Ireland. Nomination and election by episcopal electoral college consisting of bishops of the province and clerical and lay electors from a panel of electors elected by the diocesan synod of each diocese, except for the see of Amargh. Confirmation of the election of the bishop elect by the House of Bishops. If the episcopal electoral college fails to elect a new bishop, the right to fill the vacancy passes to the province’s House of Bishops. A vacancy in the see of Armagh is filled by the House of Bishops from its own members.

Church of Nigeria (Anglican Communion). Nomination and election by Episcopal Synod of the Province; confirmation by the Primate. The only role that the diocese plays in the episcopal nomination and election process is that the synod of the diocese appoints an Advisory Committee that submits in writing to the Primate “the views of the Committee in general terms on the qualifications (including level of education, parish experience, commitment, acceptability, etc.) required in the Bishop to be elected for the consideration of the Episcopal Synod.” The Primate, in turn, conveys these views in writing to the Episcopal Synod.

In order to appoint a Suffragan Bishop to assist him in his work, a Diocesan Bishop must, with the concurrence of the Diocesan Synod, apply through the Primate for permission of the Episcopal Synod to make such appointment. If the Episcopal Synod consents to the appointment, the Diocesan Bishop may after consultation in his Diocese make a nomination for Suffragan Bishop to the Primate who refers the nomination to the Episcopal Synod for its approval. The Primate must also confirm the appointment before it takes effect. If the office of a Suffragan Bishop falls vacant, the Diocesan Bishop may apply for the permission of the Episcopal Synod to fill the vacancy after full consultation with his Diocesan Board. The concurrence of the Diocesan Synod is not required.

Church of the Province of Uganda. Article 7 (1) of the Diocese of West Ankole describes the manner in which diocesan bishops are selected in the Ugandan Church.

When there is or a likelihood of a vacancy in the See, the Nominations Committee set up by the Synod for the purpose, shall nominate two names and forward them to the House of Bishops. The Archbishop with the House of the Bishops may
consider these names. If they think fit they shall refer the matter back to the Nominations Committee for further nominations. Thereafter but not later than 1 year from the date of the vacancy, the House of Bishops, in consultation with the Archbishop and subject to his final consent, shall nominate a person for him to
appoint and if need be for consecration.

Article 7 (4) prescribes the composition, appointment, and responsibilities of the Nomination Committee:

(4) Nominations Committee
(a) Shall be composed of 15 members excluding the Chancellor. The fifteen members shall include both Clergy and the Laity. It will be elected at every new Synod.
(b) It shall nominate two names to the House of Bishops from whom the House of Bishops may elect one to be the Bishop of the Diocese.
(c) The Nominations Committee shall be presided over by the Diocesan Chancellor, who shall be a non-voting member.

Article 9 (a) prescribes the manner in which a Suffragan or Assistant Bishop is nominated and elected.

(a) The Election of a Suffragan or Assistant Bishop

When the Synod decides to have a Suffragan or Assistant Bishop, the Nominations Committee shall nominate two names which shall be forwarded by the Bishop to the Archbishop for election by the House of Bishops. If the House of Bishops think fit, they shall follow the same procedure indicated in Article 7 of this Constitution.

Until the sixth century the clergy and the people of a judicatory elected the bishop on condition that the neighboring bishops should approve the election. The latter showed their approval of the election by consecrating the bishop elect. Beginning in the sixth century in the East the clergy and the primates, or chief citizens, nominated three candidates from whom the metropolitan chose the bishop. At a later date, the bishops of the ecclesiastical province assumed the exclusive right of nominating the candidates. In the West, the kings intervened in these elections, notably in Spain and Gaul, and sometimes assumed the right of direct nomination. Most of the time they were content to influence the electors.

The intervention of the civil authorities in episcopal elections was not new. The Roman Emperors had intervened in such elections on occasions in order to settle disputes that threatened to disrupt the peace and order of the Empire.

In 1139 the Second Lateran Council gave to the cathedral chapter the sole right of choosing the bishop in the Western Church. In practice, the cathedral chapter would consult with the local nobility and other community leaders before making their choice. The King of England, while recognizing the right of the cathedral chapter to elect the bishop, would claim as the prince of the realm the right to propose the candidate whom they were to elect.

In the Roman Catholic Church the right of the cathedral chapter to choose the bishop was eventually withdrawn. The choice of bishops would become the exclusive prerogative of the Pope. There were numerous exceptions. See the section under the heading, ”Present Legislation” in the article, “Bishops,” in the Catholic Encyclopedia (1907). The description of the various ways that possible candidates for episcopal office were proposed to the Pope at the time of the Catholic Encyclopedia’s publication provide valuable insights not only into the episcopal election methods used in the African Provinces, including Rwanda’s canonical provisions for the choice of missionary bishops, but also the second episcopal election method adopted by the Anglican Church in North America. This passage is particularly enlightening:

In missionary countries the pope generally permits the "recommendation" of candidates, but this does not juridically bind the sovereign pontiff, who has the power to choose the new bishop from persons not included in the list of recommended candidates.

In the Anglican Church of Canada, the Church in England in South Africa, and the Province of Southern Cone we see an adaptation of the method of electing bishops used in the Western Church before the sixth century. The Church of England in South Africa, it must be borne in mind, is organized as a single judicatory. In the Church of England the Queen has become the appointing authority (albeit she no longer exercises the royal prerogative of selecting the candidate). The Church in Wales and the Church of Ireland have adopted an episcopal election process that involves the entire Province in the nomination of candidates and the choice of a bishop.

The African Provinces, on the other hand, have adopted episcopal election methods that point to the strong influence of not only the Roman Catholic Church and traditional African society upon their thinking but also the colonial experience. Kenya, Nigeria, Rwanda, and Uganda were all at one time colonies of European nations, chiefly England and France. They were ruled by colonial governors appointed by these foreign powers. Before they became European colonies, they were ruled by kings and other traditional rulers. Egypt, we must not forget, is a part of Africa, and Egypt was, for centuries, ruled by pharaohs whose power, like the sub-Saharan African chieftain, was only limited by tradition. Since independence a number of strongmen have risen to power in the former European colonies, representing a continuation of a long African tradition of strongmen.

We should not loose sight of the cultural influences in any study of ecclesiastical organization related not only to the African Church but the Church in any part of the world. At the same time we should also be careful not to draw the wrong conclusions. Authoritative forms of leadership may work well for Africans because traditional African society has a long tradition of these forms of leadership. Africans are accustomed to authoritative leadership and even expect that type of leadership. At the same time a number of traditional rulers share their authority with various bodies. In the former British colonies British concepts of parliamentary democracy and the rule of law have also influenced the Africans. While the African Provinces may give the Primate and the Provincial House of Bishops a large role in the choice of bishops, their form of ecclesiastical governance is synodical, not prelatical like the Roman Catholic Church. The only exception is the Anglican Mission and any other missionary jurisdiction or society of the Anglican Church of Rwanda. The canons of the Anglican Church of Rwanda prescribe a prelatical form of ecclesiastical governance for these bodies.

I have observed a tendency among some North American Anglicans to misinterpret the African Church particularly in the area of governance and to try to persuade others into adopting their misinterpretation of the African Church as a model for the North American Church, using the African Church’s conservatism and growth as selling points. Upon close examination it is quite clear that what they are peddling is an unfettered form of prelacy that, unlike the constitutions and canons of the African Provinces, gives an insubstantial role to representative church councils and which offers few safeguards and checks and balances.

Prelacy is not the solution to the problems that beset the contemporary North American Anglican Church, as the history of the Christian Church clearly shows. Prelacy leads only to episcopal tyranny. The price of greater temporal power is diminished spiritual authority. In drafting the instruments of governance for a new judicatory groups of churches seeking to unite with the Anglican Church in North America have a real opportunity to establish at the judicatorial level safeguards and checks and balances that the ACNA constitution and canons do not provide.

In the third and final part of this article I examine the methods of episcopal election used in one of the dioceses of a sixth global South Province—the Church of the Province of West Indies. I take a look at two more Northern Hemisphere Provinces—the United States and Scotland. I also look at the methods used in Anglican Mission, the Evangelical Lutheran Church in America, and the Evangelical Lutheran Church in Canada. I round out the survey with an examination of how the Roman Catholic Church chooses its bishops.

To read “Methods of Episcopal Appointment and Election—Part 1,” click here.

To read the related article, “Mission Perspective: The Judicatory,” click here.