England.

Cathedrals in relating to the bishop doth imply that those who were under the care of the bishop did communicate with him." 2. "But to proceed in showing how the Christian religion was here propagated by the means of the cathedral church at first erected; Sigebert, King of the East Angles, fixed the episcopal see for Felix, who came out of Burgundy, at Dumnoc or Dunwich, where he resided seventeen years and was the means of converting the whole province. Birinus was fixed at Dorchester (≈) as his episcopal see by the gift of Cynigilrus, King of the West Saxons, and Oswald, King of the Northumbers, and by that means much people was converted and several churches built in his own time. The kingdom of Mercia, or the Middle Angles, seem to owe their conversion to four presbyters, Cædda, Adda, Beffi, and Diuma, the three first English, and the last a Scot. But this was while Penda lived, who was no Christian, but he was no sooner dead but a cathedral church was erected, and Diuma was made bishop of the Middle Angles, and was very successful in converting much people in a little time. In the time of Walfare, Ceddo was, by Theodore's means, made bishop of the Mercians, and the cathedral church was fixed at Litchfield, who besides the body of his clergy, had (saith Bede) seven or eight of his brethren, with whom in his retirement, as often as he had leisure from his work of preaching, he was wont to pray and to study, and after his death, Winifred, one of his clergy, succeeded him.

Origin of
Cathedrals.

"Lastly, as to the South Saxons, Wilfrid, the Bishop of York, but then driven out, was the chief instrument of their conversion, but he had the assistance of his clergy, who are mentioned by Bede, and King Edilwalch fixed the cathedral church at Selsesey, and very liberally endowed it.

["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 princes and the due sense of our conversion to Christianity remain among us, which I hope will be to the world's end (a)." The real purpose and object of cathedral institutions cannot be more clearly or comprehensively stated than in the language 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 (b)."-ED.]

1. After the conversion of Constantine the Emperor, the other converts in those days, and in the following times, who

(z) [i. e. in Dorchester.-ED.]
(a) [Bp. Stillingfleet's Discourse on
the True Antiquity of London, citing

Bede, 1. xi. c. 15, 21, 1. iv. c. 3.-ED.]

(b) [See the title Schools.-ED.]

were many of them governors and nobles, settled great and large demesne lands on those who had converted them, and the first oratories or places of public worship are said to have been built upon those lands; which first oratories were called cathedræ, sedes; cathedrals, or seats; from the clergy's constant residence thereon (c).

between

and Cathedral

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

be in Cities.

3. The sees of bishops ought regularly to be fixed in such Cathedral towns only as are noted and populous. When this was made Churches to a rule of 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 city, as within which a bishop's see should not be established, calls it such a one as a single presbyter might be sufficient for in point of numbers. But it was afterwards understood by the canon law, that of what extent or how populous soever the diocese or jurisdiction of a bishop might be, it was most agreeable to the episcopal dignity to place the see or cathedral church in some large and considerable town. Pursuant to which, with express reference to the aforesaid council, and to the decrees of Pope Leo and Pope Damasus, it was decreed in a council under Archbishop Lanfrank, that certain episcopal sees which before had been in small towns and villages, should be settled in the most noted places: and several were accordingly removed, as Dorchester to Lincoln, Selsey to Chichester, Kirton to Exeter; which rule was also observed in fixing the sees of the five new bishoprics erected by King Henry VIII (e).

And every town which hath a see of a bishop placed in it is thereby entitled to the honour of a city (f).

And Lord Coke defineth a city thus: a city (saith he) is a [ 277 ] borough incorporate, which hath, or hath had, a bishop; and though the bishopric be dissolved, yet the city remaineth (g).

But this extendeth not to the cathedral churches in Wales,

divers of which are established in small villages.

feitures for the Repair of

4. Besides the proper revenues of cathedral churches to be Certain Forapplied toward the repair thereof, there are divers forfeitures by several canons of Archbishop Stratford, to be disposed of Cathedrals. to the same purpose: to wit, for the unfaithful execution of wills; for extorting undue fees for the probate of wills; for un

Cathedral exempt

from the Archdeacon's Jurisdiction.

Elections in
Cathedrals.

[ 278 ]

due commutation of penance; and half the forfeitures for excessive fees at the admission of a curate.

[A provision is made for the furtherance of this object by the recent act of 3 & 4 Vict. c. 113, for which, and for all the suspensions, suppressions, and creations.of deanries, &c., see Deans and Chapters.-ED.]

5. Every see or cathedral (as such) is exempt from archidiaconal jurisdiction. Thus a bishop's see having been newly erected within the limits of a certain archdeaconry, it was represented that the archdeacon had presumed to exercise his jurisdiction over the bishop there consecrated, and the church, and Gregory IX. decreed thereupon that this should no more be done, but that the bishop should be exempt from the archidiaconal jurisdiction, which decretal epistle became part of the body of the canon law (h).

6. For the freedom of elections in general it was thus provided by the statute of the 3 Edw. 1, c. 5, "Because elections ought to be free, the king commandeth, upon great forfeiture, that no man, by force of arms, nor by malice, or menacing, shall disturb any to make free election."

Which statute, being general, did evidently include ecclesiastical elections as well as others; but some doubt having probably been made whether they were included, it was judged advisable to move the king for a special declaration to that purpose in the articuli cleri, 9 Edw. 2, c. 14: "If any dignity be vacant where election is to be made, it is moved that the electors may freely make their election, without fear of any temporal power, and all prayers and oppressions shall in this behalf cease. The answer: they shall be made free according to the form of statutes and ordinances:" that is, according to the said statute of the 3 Edw. 1, c. 5, which also was but declaratory of the common law (i).

And by the 31 Eliz. c. 6, s. 1 & 2, it is thus enacted: "Whereas by the intent of the founders of cathedral and collegiate churches, and by the statutes and good orders of the same, the elections, presentations, and nominations of officers and other persons to have room or place in the same, are to be had and made of the fittest and most meet persons, being capable of the same elections, presentations, and nominations, freely, without any reward, gift, or thing given or taken for the same; and for the true performance whereof some electors, presentors, and nominators in the same have or should take a corporal oath to make their elections, presentations, and nominations accordingly; yet notwithstanding, it is found by experience, that the said elections, presentations, and nominations be many times wrought and brought to pass with money, gifts, and rewards, whereby the fittest persons to be elected,

(h) Gibs. 171; X. i. 33, 16.

(i) 2 Inst. 169, 632; Gibs. 175.

Cathedrals.

presented, or nominated, wanting money or friends, are seldom Elections in or not at all preferred, contrary to the good meaning of the said founders, and the said good statutes and ordinances, and to the great prejudice of learning, and the commonwealth and estate of the realm: for remedy whereof it is enacted, that if any person or persons, or bodies politic or corporate, which have election, presentation, or nomination, or voice or assent in the choice, election, presentation, or nomination of any person to have room or place in any of the said cathedral or collegiate churches, shall have, receive, or take, or shall accept any promise, agreement, covenant, bond, or other assurance to receive or have any money, fee, reward, or any other profit, directly or indirectly, either to himself or themselves, or to any other of his or their friends for his or their voice or assent in such election, presentation, or nomination as aforesaid; then and from thenceforth the place, room, or office which such person so offending shall then have in any of the said churches, shall be void, and the same may be disposed of in such manner as if such person so offending were naturally dead."

On the subject of bribery it has been decided, that if a voter take a bribe, it is immaterial whether he perform his promise, or break it by voting for the opposite party (k). Also that bribery is a crime indictable at common law, independently of acts of parliament (7). But that an action of debt to recover a penalty on the 2 Geo. c. 24, for bribery at elections, is a civil suit, and therefore that in such action a quaker may give evidence on affirmation (m).

Sect. 3. "And if any officer of any of the said churches, or other person having room or place in the same, shall directly or indirectly take or receive, or by any way, device, or means, contract or agree to have or receive any money, reward, or profit whatsoever, for the leaving or resigning up of the same [ 279 ] his room or place for any other to be placed in the same, every person so taking or contracting shall forfeit double the sum of money or value of the thing so received or agreed to be received or taken; and every person by whom or for whom any money, gift, or reward as aforesaid shall be given or agreed to be paid, shall be uncapable of that place or room for that time or turn, and shall not be had nor taken to be a lawful officer, or to have such room or place there, but they to whom it shall appertain shall appoint another as if such person were dead or had resigned.'

Sect. 4. And for the more sincere election, presentation, and nomination of officers and other persons to have room or place in any of the said churches, at the time of every such election, presentation, or nomination, as well this present act (1) 3 Burr. 1335. (m) Atcheson and Everitt, Cowp.

(k) 3 Burr. 1235; Sulston and Norton and Bush and Rawlins, there cited.

382.

Elections in
Cathedrals.

as the orders and statutes of such place concerning such election, presentation, or nomination to be had, shall then and there be publicly read, upon pain that every person in whom default thereof shall be, shall forfeit 401."

Sect. 4. "All which forfeitures shall be half to him or them that will sue for the same in any of the queen's courts of record, and half to the use of such cathedral or collegiate church where such offence shall be committed."

As to the methods of proceeding in elections, they depend in a great measure upon the local statutes and customs of each cathedral and collegiate body, and therefore cannot be brought under the rules which the ancient canon law hath laid down. Elections are said by the canon law to be made in three ways; per inspirationem, when all the electors, as if by inspiration, agree in the choice of one person; per scrutinium, when three scrutineers are appointed to take the votes; and per compromissum, when certain fit persons are deputed, to whom the power of electing is transferred (n). Nevertheless it may be of use, in cases which the statutes have left doubtful, or not clearly determined, to set down here some rules relating to elections, which lie dispersed in the body of the canon law. As,

(1) Concerning the time for election, this the canon law determines that it shall not exceed the space of three months from the vacancy, and if it be deferred longer (without lawful impediment) the electors shall for that turn lose their right of election, and the same shall devolve upon those who have the next right, who also shall fill up the vacancy within other three [ 280 ] months, on pain of canonical censures (o). And after the election they shall notify the same to the person elected, so soon as they reasonably can, who shall assent thereunto within the space of one month, and within three months afterwards shall procure confirmation thereof, otherwise the election (if there be no lawful impediment intervening) shall be void (p). But the election, or any citation or process relating thereto, ought not to be before the interment of the deceased (g).

(2) Concerning the manner of proceeding to the election, it is ordained, that when canons or prebendaries are wanted, or benefices to be disposed of, the canons absent are to be cited, if conveniently it may be, unless there be a custom to the contrary; otherwise what is done in their absence shall be of no effect (r).

So an election of a vicar by trustees was declared void for want of notice of the meeting; for per Lord Hardwicke, “It

(n) Inst. J. C. 1, 6.

(r) 6° 3, 4, 33. Sæpe enim re

(0) X. 1, 6, 41. De electione et scriptum est, magis hac in re unius

electi potestate.

(p) X. 1, 6, 6.

(9) Ib. 1, 6, 36.

obesse contemptum quam multorum contradictionem. Inst. J. C. 1, 6.