Lords Spiritual: Difference between revisions

[[File:The Archbishop of Canterbury (51111275839).jpg|thumb|upright=1.4|[[Justin Welby]] (Former Archbishop of Canterbury) and [[Rachel Treweek]] (Bishop of Gloucester) in the House of Lords in 2021]]

The '''Lords Spiritual''' are the [[bishop]]s of the [[Church of England]] who sit in the [[House of Lords]] of the United Kingdom. Twenty-sixUp outto 26 of the 42 [[Diocesandiocesan bishop|diocesan bishops]]s and [[Archbishop|archbishopsarchbishop]]s of the Church of England serve as Lords Spiritual (not countingincluding retired archbishopsbishops who sit by right of a peerage). The [[Church of Scotland]], which is [[Presbyterianism|Presbyterian]], and the Anglican churches in [[Church in Wales|Anglican churches in Wales]] and [[Church of Ireland|in Northern Ireland]], which are no longer [[Established Church|established churches]], are not represented. The Lords Spiritual are distinct from the [[Lords Temporal]], their secular counterparts who also sit in the House of Lords.

There are [[List of Church of England dioceses|42 dioceses]] in the Church of England]], each led by a [[diocesan bishop]]. The [[Archbishop]]sarchbishop of [[Archbishop of Canterbury|Canterbury]] and the [[Archbishoparchbishop of York|York]], as Primate of All England and Primate of England, respectively, have oversight over their corresponding [[Ecclesiasticalecclesiastical province|provinces]]s. The occupants of the five "great sees"—Canterbury – Canterbury, York, [[Bishop of London|London]], [[Bishop of Durham|Durham]] and [[Bishop of Winchester|Winchester]]—are – are always Lords of ParliamentSpiritual.

Of the remaining 37 bishops, the 21 most senior usually sit in the House of Lords,. althoughFollowing the normalfirst operationordinations of thisfemale rulebishops wasin suspendedthe inChurch 2015of (followingEngland, the decisionnormal operation of thethis Churchrule towas beginsuspended toby appointthe women[[Lords asSpiritual bishops(Women) Act 2015]], insteadwhich meaningprovides that until 2025 every woman appointed as a diocesan bishop will automatically be appointed asbecome a Lord Spiritual when a vacancy next arises, regardless of seniority, so as to balance outincrease the representation of female bishops in the House.<ref>{{cite web |title=Lords Spiritual |url=https://churchinparliament.org/about-the-lords-spiritual/ |website=The Church of England in Parliament |access-date=2 September 2020 |language=en |date=26 February 2014}}</ref> Otherwise, seniority is determined by total length of service as an English diocesan bishop (that is to say, it is not lost by [[Translation (ecclesiastical)|translation]] to another see).<ref>{{cite web |title=section 5, Bishoprics Act 1878 |url=https://www.legislation.gov.uk/ukpga/Vict/41-42/68/section/5 |website=[[Legislation.gov.uk]] |access-date=2 September 2020}}</ref><ref>[http://www.parliament.uk/about/mps-and-lords/about-lords/lords-appointment/ Lords Appointment] from ''Parliament.uk'' retrieved 15 June 2013</ref> The [[Bishop of Sodor and Man]] and the [[Bishop of Gibraltar in Europe]] maydo not sit in the House of Lords regardless of seniority, as their dioceses lie outside both of England and of the United Kingdom.

Theoretically, the power to elect archbishops and bishops is vested in the diocesan cathedral's [[college of canons]]. Practically, however, the [[appointment of Church of England bishops|choice of the archbishop or bishop]] is made prior to the election]]. The [[Prime Minister of the United Kingdom|prime minister]] chooses from among a set of nominees proposed by the [[Crown Nominations Commission]];, and the sovereign then instructs the college of canons to elect the nominated individual as a bishop or archbishop.

Even during the early years of the [[Peerage]], the position of bishops was unclear. During the reign of King [[Richard II of England|Richard II]], the Archbishop of Canterbury declared, "of right and by the custom of the realm of England it belongeth to the Archbishop of Canterbury for the time being as well as others his suffragans, brethren and fellow Bishops, Abbots and Priors and other prelates whatsoever, — to—to be present in person in all the King's Parliaments whatsoever as Peers of the Realm". The claim was neither agreed nor disagreed to, however, by Parliament.

Despite their failure to be tried as temporal peers in the House of Lords, it remained unclear whether the Lords Spiritual were indeed peers. In 1688, the issue arose during the trial of the [[Seven Bishops]]—[[William Sancroft]], Archbishop of Canterbury; [[Sir Jonathan Trelawny, 3rd Baronet]], Bishop of Winchester; [[Thomas Ken]], Bishop of Bath and Wells; [[John Lake (bishop)|John Lake]], Bishop of Chester; [[William Lloyd (bishop of Worcester)|William Lloyd]], Bishop of Worcester; [[Francis Turner (bishop)|Francis Turner]], Bishop of Ely; and [[Thomas White (bishop)|Thomas White]], Bishop of Peterborough—by a common jury. The charge was that a petition sent by the Bishops constituted [[seditious libel]]; the Bishops argued that they had the [[right to petition]] the Sovereign at any time, while the prosecution charged that such a right was only permissible when Parliament was in session (which, at the time of the delivery of the petition, it was not). If the bishops were only Lords of Parliament, and not peers, their right to petition would be vitiated while Parliament was dissolved. Peers, however, were and still are counsellors of the Sovereign whether Parliament is in session or not; therefore, if the bishops were indeed peers, they would be free to send petitions. Since there was no doubt that the petition was actually sent, while the Court still ruled the bishops not guilty, it appears that it was taken for granted that the bishops were counsellors of the Crown.

In the early history of the [[Parliament of England]], the Lords Spiritual—including the [[abbot]]s—outnumbered the Lords Temporal. Between 1536 and 1540, however, King Henry VIII [[Dissolution of the Monasteries|dissolved the monasteries]], thereby removing the seats of the abbots. For the first time, and thereafterfrom then on, the Lords Spiritual formed a minority in the House of Lords.<ref name=hist>[http://www.parliament.uk/business/lords/lords-history/history-of-the-lords/ History of the Lords] from ''Parliament.uk'' retrieved 15 June 2013</ref>

In addition to the 21 older dioceses (including four in Wales), Henry VIII created six new ones, of which five survived (see [[historicalHistorical development of Church of England dioceses]]); the Bishops of the Church of England were excluded in 1642 but regained their seats following the [[Stuart Restoration]]; from then until the early nineteenth19th century no new sees were created, and the number of lordsLords spiritualSpiritual remained at 26.

Bishops, abbots, and priors, of the [[Church of Scotland]] traditionallyhistorically sat in the [[Parliament of Scotland]]. Laymen acquired the monasteries in 1560, following the [[Scottish Reformation]], and therefore those sitting as "abbots" and "priors" were all laymen after thisthat time. Bishops of the Church of Scotland continued to sit, regardless of their religious conformity. Roman Catholic clergy were excluded in 1567, but [[Episcopal polity|Episcopal bishops]] continued to sit until they too were excluded in 1638. The bishops regained their seats following the [[Restoration (Scotland)|Restoration]], but were again excluded in 1689, following the final abolition of diocesan bishops and the permanent establishment of the Church of Scotland as Presbyterian. There are no longer [[bishops in the Church of Scotland]], and that church has never sent any clergy to sit in the House of Lords at Westminster.

Bishops and archbishops of the [[Church of Ireland]] were entitled to sit in the [[Irish House of Lords]] as Lords Spiritual. They obtained representation in the Westminster House of Lords after the union of Ireland and Great Britain in 1801. Of the Church of Ireland's ecclesiastics, four (one archbishop and three bishops) were to sit at any one time, with the members rotating at the end of every parliamentary session (which normally lasted approximatelyabout one year). The Church of Ireland, however, was [[Disestablishment of the Church of Ireland|disestablished]] in 1871, and thereafter ceased to be represented by Lords Spiritual.

The [[Bishop of Sodor and Man]], although a Bishop of the Church of England, has never been included among the English Lords Spiritual, as the [[Isle of Man]] has never been part of the Kingdom of England or of the United Kingdom. The Lord Bishop is the holder of the oldest office in [[Tynwald]] (the oldest continuous parliament in the world) and remains an ''ex officio'' member of [[Tynwald Court]] and of the island's [[Legislative Council (Isle of Man)|Legislative Council]], although this has recently (2020s) been the subject of some controversy.

In the early 19th century, as the diocesespopulation of industrial cities grew, the Church of England beganproposed graduallytwo tonew comebishoprics underfor reviewLeeds again.and HoweverManchester, anbut increasethe ingovernment refused to increase the benchnumber of bishopsLords Spiritual. The Church was notreluctant consideredto politicallyhave expedienttwo classes of diocesan bishops, and sodecided stepsto werecombine undertakenother dioceses to preventallow itfor the new dioceses. In 1836, the first new bishopric was founded, [[Bishop of Ripon (modern diocese)|that of Ripon]]; but it was balanced out by the merger of the [[Bishop of Bristol|Bishoprics of Bristol]] and [[Bishop of Gloucester|Gloucester]]. (They were later dividedseparated again.) The creation of the [[Bishop of Manchester|Bishopric of Manchester]] was also planned but delayed until the dioceses of St Asaph and Bangor could be merged. They never were;, but the [[Bishopric of Manchester Act 1847]] went ahead anyway with an alternative meansway to maintain the 26-bishop limit in the House of Lords: the seniority-based proviso which has been maintained to this day.<ref name=hist/> However, the [[Lords Spiritual (Women) Act 2015]] gives any woman appointed a diocesan bishop in England during the next decade priority in terms of succeeding those among the current 21 who retire during that period. [[Rachel Treweek]] became Bishop of Gloucester and the first woman Lord Spiritual under the Act in 2015; [[Christine Hardman]] became the second later that year.

The 26 seats for the Lords Spiritual aremake approximatelyup {{#expr:260026/({{HOL|TOTAL}}round1+(26-{{HOL|BP}}%))*100 round 1}}<!--Accommodates cases where there are fewer than 26 Lords Spiritual--> per cent of the total membership of the House of Lords ({{HOL|TOTAL}} seats, {{As of|{{#time:Y|{{HOL|date}}}}|{{#time:m|{{HOL|date}}}}|{{#time:d|{{HOL|date}}}}|lc=y}}).<ref>{{cite web |url=https://members.parliament.uk/parties/lords/by-peerage |title=Lords membership – by peerage |website=UK Parliament}}</ref>

Although the Lords Spiritual have no [[Political party|party affiliation]], they do not sit on the [[Crossbencher|crossbenches]],; their seats beingare on the Government side of the Lords Chamberchamber, also known as the "spiritual side", on the right-hand side of and nearest to the throne. Though in a full sitting the Bishops occupy almost three rows, the Lords Spiritual'stheir front bench is subtly distinguished by being the only one in the House with a single armrest at either end; it is on the front row, close to the throne end of the chamber, indicating their unique status.<ref>[http://www.churchofengland.org/our-views/the-church-in-parliament/bishops-in-the-house-of-lords.aspx "What do Bishops do in Parliament?"] Church of England website. Retrieved 15 June 2013.</ref>

By custom, at least one of the Bishops reads prayers in each legislative day (a role taken by the [[Chaplain to the Speaker of the House of Commons|Chaplain to the Speaker]] in the Commons).<ref name=shell1>{{cite book|last=Shell|first=Donald|title=The House of Lords|publisher=[[Manchester University Press]]|year=2007|edition=3rd|isbn=978-0-7190-5443-3|page=54}}</ref> They often speak in debates; in 2004 [[Rowan Williams]], then Archbishop of Canterbury, opened a debate into sentencing legislation.<ref name=shell1/> [[List of Church of England Measuresmeasures|Measures]] ([[Bill (proposed law)|proposed laws]] of the Church of England) must be put before the Lords, and the Lords Spiritual have a role in ensuring that this takes place.<ref name=shell1/>

==OtherRetired religious figuresbishops as Lords Temporal==

Under the [[Lords Spiritual (Women) Act 2015]] whenever a vacancy arises among the Lords Spiritual during the ten years following the Act coming into force (18 May 2015 – 18 May 2025), the vacancy has to be filled by a woman, if one is eligible. The Act does not apply to the sees of Canterbury, York, London, Durham and Winchester, the holders of which automatically have a seat in the House of Lords. FiveSix women have consequentlysubsequently become Lords Spiritual as a result (one of whom has since retired), as of OctoberSeptember 20222023. (Additionally, [[Sarah Mullally]] entered the Lords ''ex officio'' when appointed [[Bishop of London]] in 2018.) Further legislation was announced in July 2024 which is intended to extend this provision until May 2030.<ref>[[Cabinet Office]], [https://www.gov.uk/government/news/new-legislation-will-increase-representation-of-female-bishops-in-the-house-of-lords New legislation will increase representation of female bishops in the House of Lords], published on 30 July 2024, accessed on 28 August 2024</ref>

The presence of the Lords Spiritual in the House of Lords has been criticised, with some media commentators and organisations arguing that the system is outdated and undemocratic.<ref>{{cite news|url=https://www.theguardian.com/commentisfree/belief/2010/mar/14/lords-reform-bishops-reserved-benches |title=Goodbye to the bishops |first=Polly |last=Toynbee |author-link=Polly Toynbee |work=The Guardian |date=14 March 2010 |access-date=14 August 2013 |location=London}}</ref> [[Humanists UK]] has described it as "unacceptable" that "the UK is the only Western democracy to give religious representatives the automatic right to sit in the legislature".<ref>{{cite web |date=14 August 2013 |title=Report on bishops in Lords fails to address justice and equality |url=http://www.ekklesia.co.uk/news/UK/070212theosinjusticehol |access-date= |publisher=[[Ekklesia (think tank)|Ekklesia]]}}</ref><ref>[https://humanism.org.uk/campaigns/secularism/constitutional-reform/bishops-in-the-lords/ Bishops in the House of Lords]. Humanists UK. Retrieved 11 April 2018.</ref> There has also been criticism of the "anomaly of having religious representation from one of the four nations of the United Kingdom but not from the other three"; while the appointment procedures have been described as "secretive and flawed".<ref>{{cite web |last1=Peterson |first1=Scot |title=Lords Spiritual: a problem of transparency and legitimacy |url=https://www.opendemocracy.net/en/opendemocracyuk/lords-spiritual-problem-of-transparency-and-legitimacy/ |website=OpenDemocracy UK |publisher=OpenDemocracy UK |date=5 February 2012 |access-date=10 July 2022 }}</ref>