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appointed, to admit to the order of deacon or priest persons being subjects or citizens of countries out of His Majesty's dominions without requiring them to take the oath of allegiance as appointed by law."

26 Geo. 3, c. 84, "An act to empower the Archbishop of Canterbury or the Archbishop of York for the time being to consecrate to the office of a bishop persons being subjects or citizens of countries out of His Majesty's dominions." (Now repealed.)

59 Geo. 3, c. 60, "An act to permit the Archbishops of Canterbury and York and the Bishop of London for the time being to admit persons into holy orders specially for the Colonies."

3 & 4 Vict. c. 33, "An act to make certain provisions and regulations in respect to the exercise within England and Ireland of their office by the bishops and clergy of the Protestant Episcopal Church in Scotland; and also to extend such provisions and regulations to the bishops and clergy of the Protestant Episcopal Church in the United States of America; and also to make further regulations in respect to bishops and clergy other than those of the United Church of England and Ireland." (Now repealed.).

5 Vict. c. 6, "An act to amend an act made in the twentysixth year of the reign of His Majesty King George the Third, intituled 'An act to empower the Archbishop of Canterbury or the Archbishop of York for the time being to consecrate to the office of a bishop persons being subjects or citizens of countries out of His Majesty's dominions.""

15 & 16 Vict. c. 52, "An act to enable Colonial and other bishops to perform certain episcopal functions under commission from bishops of England and Ireland."

16 & 17 Vict. c. 49, "An act to extend the provisions of an act of the fifteenth and sixteenth years of Her present Majesty, intituled 'An act to enable Colonial and other bishops to perform certain episcopal functions, under commission from bishops of England and Ireland.'”

26 & 27 Vict. c. 121, "An act to establish the validity of acts performed in Her Majesty's possessions abroad by certain clergymen ordained in foreign parts, and to extend the powers of Colonial Legislatures with respect to such clergymen." (Now repealed.)

27 & 28 Vict. c. 94, "An act to remove disabilities affecting the bishops and clergy of the Protestant Episcopal Church in Scotland."

37 & 38 Vict. c. 77, "An act respecting Colonial and certain other clergy."



SECT. 1.-Preliminary.

2.-The General Law as to Deans and Chapters.

3.-The Law since the Statutes of William IV. and Victoria. 4.-The provisions as to the New Cathedrals.

5.- Resignation of Deans and Canons.

Divisions of subject.

SECT. 1.-Preliminary.

THE subject of deans, chapters (a) and cathedrals in England admits of the following divisions:

The general law as to these institutions.

The law since the statutes of William the Fourth and Queen

To these must now be added—

The provisions as to the new cathedrals.

Resignation of deans and canons.

The original council of the bishop was, as has been seen, the presbyterium, that is, the priests and deacons of his diocese.

(a) X. iii. 9.

Ne sede vacante aliquid innovetur, VI. iii. 8. X. iii. 10. De his quæ fiunt a prælato sine consensu capituli, X. iii 11. De his quæ fiunt a majori parte capituli; of which c. 1 contains the following passage:-Cum in cunctis ecclesiis, quod pluribus et sanioribus fratribus visum fuerit, incunctanter debeat observari; grave nimis est, et reprehensione dignissimum, quod per quasdam ecclesias pauci quandoque non tam de ratione quam de propria voluntate ad ordinationem ecclesiasticam procedere non permittunt. Quocirca præsenti decreto statuimus, ut nisi a paucioribus et inferioribus aliquid rationabiliter objectum

fuerit et ostensum, adpellatione remota, prævaleat semper et suum consequatur effectum, quod a majori et saniori parte capituli fuerit constitutum.-C. 4 of the same title is as follows:-Ex parte tua nobis fuit, frater archiepiscope, intimatum, quod ad restaurandam fabricam Rothomagensis ecclesiæ tractatum communiter habuistis, te postulante ut quilibet canonicorum tecum pariter aliquam suorum redituum portionem operi tam pio et necessario deputaret. (Et infra.) Statuimus, ut si quis vestrum tuis, frater archiepiscope et majoris et sanioris partis capituli statutis super hoc duxerit resistendum, obtineat sententia plurimo


Bishop Augustine, at the beginning of the fifth century, introduced the monastic common life, or cœnobium, among his clergy. These communities gradually, during the interval between the tenth and the twelfth century, became powerful and richly endowed corporations, recognized as such not only by canons, but also by municipal law, and with cathedrals privileged beyond other churches.

SECT. 2.-The General Law as to Deans and Chapters.

Dr. Kennet observes in his Parochial Antiquities, that the Cathedral origin of the different cathedral churches in this country may Kennet. chapters. be traced to three different classes of institutions. First, an establishment consisting of a bishop, dean and canons, all living together at one cathedral city, whose occupation and duty was the maintenance and diffusion of religion throughout the diocese, of which the cathedral was the "mater ecclesia" (b).

Of this class are all the cathedral foundations, whatever formal variations they may have undergone, which at present remain, for into this species of foundation the force of circumstances and the course of time have merged the two which follow. Secondly, the conventual cathedrals, which learned men consider almost peculiar to the English church; their constitution was formed by monks under subordination to a prior, resembling in a great degree the cathedrals governed by a dean and canons, both as to the construction of their chapter, and the nature of their privileges; eight of these conventual cathedrals were formally constituted by Henry VIII. cathedral churches, the election of their bishop being transferred from a prior and convent to a dean and chapter. Thirdly, and lastly, monasteries unconnected with any bishop, which Henry VIII. incorporated as cathedral churches with the new sees, which he raised upon the ruins of church property at the time of the Reformation.

Bishop Stillingfleet establishes, by a very learned and com- Stillingfleet. plete demonstration, that chapters were the bishop's council, answering to the "collegium decurionum" of every Roman corporation-that they were called "episcopi confratres, consiliarii assessores, membra episcopatûs; " and he refers to the Dean and Chapter of Norwich's case in Lord Coke's report (c), the language of which should here be cited: "It was in Christian policy thought and re-thought necessary that every (c) 3 Co. p. 75.

(b) Ken. Paroch. Ant. pp. 79 and 635.

bishop should be assisted with a council, scilicet, with a chapter, and that for two reasons: 1st, to consult with them in matters of difficulty and to assist him in deciding of controversies of religion, to which purpose every bishop habet cathedram'; 2nd, to consent to every grant, &c." And in the same case their being is declared to be so necessary that although they should "depart with their possessions, yet for necessity the corporation doth remain, as well to assist the bishop in his calling, as to give their assent to the estates, &c., which he shall make of his temporalities, &c." Bishop Stillingfleet having thus maintained their usefulness with respect to the bishop, proceeds to develope their beneficial agency: 1, in promoting the public worship of God; and 2, in propagating the Christian faith. Among other remarkable passages are the following: "The cathedral churches being thus established in the bishop and his clergy, all things were to be so ordered as might the most tend to the public worship of God, which was another end of the first institution of them, and an argument for their usefulness. For in the beginning of a church it was necessary for a bishop to have an eye to two things; first, to set up the public worship in the most decent and solemn manner, and in the places of greatest resort, and this was the foundation of cathedral churches; the second was, to gain as many converts as they could in dispersed places, and to let them want nothing that was necessary to the Christian profession, and this was the foundation of parochial churches, which were as the synagogues to the Temple at Jerusalem, being built for the conveniency of those who could not attend the solemn worship of God in the Temple. was in the Christian church: every cathedral in its first institution was as the Temple to the whole diocese, where the worship was to be performed in the most decent, constant, and solemn manner; for which end it was necessary to have such a number of ecclesiastical persons there attending as might still be ready to do all the offices which did belong to the Christian church: such as constant prayers and hymns, and preaching, and celebration of sacraments, which were to be kept up in such a church as the daily sacrifice was in the Temple, not only for the satisfaction of all persons who desire to know what the manner of our worship is, but that all devout persons may certainly know whither to go at certain hours to offer up their prayers and thanksgiving to God, and that in the most public and solemn manner. And upon this ground, the institution of cathedral churches among Christians was a very pious and reasonable thing. . . . . From which it appears how extremely useful the first cathedral churches among the Saxons were for the conversion of the nation, and upon what great considerations the first Christian kings of the Saxons did bestow their endowments upon them, which in some measure they have ever since enjoyed; and there is reason to hope they will do, as long as Christian

So it

princes and the due sense of our conversion to Christianity remain among us, which I hope will be to the world's end" (d).

The real purpose and object of cathedral institutions cannot Charters of be more clearly or comprehensively stated than in the language Henry VIII. of King Henry the Eighth's Charters of Foundation-" Ut

omnis generis pietatis officia illinc exuberanter in omnia vicina loca longe lateque dimanent, ad Dei omnipotentis gloriam et ad subditorum nostrorum communem utilitatem felicitatemque."

In a very interesting case relating to the cathedral of Chi- Braithwaite v. chester, Dr. Lushington said:

"I think that cathedrals existed before the institution of civil parishes, and Lord Coke, the highest of all legal authority, so declares. The course seems to have been that originally the bishop and the priests subordinate to him were resident in and about the cathedral in what is called the close-precincts of the close that these subordinate priests were from time to time sent into the country to discharge ecclesiastical duties, and this by the orders and under the control of the bishop; that for the more efficient discharge of those duties the country was marked out by the ecclesiastical authority into parishes, and thus gradually arose rectories, vicarages, and perpetual curacies. I need not specify more particularly. Certain districts were exempted from such parochial cure, and sometimes, indeed, from superior authority. Amongst these especially were monasteries. It is not doubted that the same ecclesiastical authority which marked out the boundaries of parishes for spiritual purposes could, in those days, alter them. But in course of time, when discussions and disputes arose as to the payment of tithes and value of livings, the civil courts came to determine what were the boundaries of the parishes. But this exercise of such civil jurisdiction over parishes does not, according to Lord Coke, date back earlier than 1189" (e).



The distinction between cathedral, conventual, and collegiate Difference churches perhaps may be best understood from the description between given by Lindwood of the several names: properly speaking, conventual, says he, a chapter is spoken in respect of a cathedral church; a and collegiate convent in respect of a church of regulars; a college in respect of churches. an inferior church, where there are collected together persons living in common (f).

be in cities.

The sees of bishops ought regularly to be fixed in such towns Cathedral only as are noted and populous. When this was made a rule of churches to the church by a canon of the council of Sardica, the only design seems to have been to prevent the needless multiplication of bishops' sees; inasmuch as that canon, describing such a small

(d) Bp. Stillingfleet, Discourse of the True Antiquity of London, bound up with his Ecclesiastical Cases, Vol. II. pp. 565-587. See God. p. 56.

(e) Office of the judge promoted

by Rev. G. Braithwaite against
Dr. Hook, Dean of Chichester,
published by Elliot, Chichester,
1862, p. 8; S. C., 8 Jur. N. S.
p. 1186.

(f) Gibs. p. 172.

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