residentiaries, either in the transaction of the business of the chapter, or over the members of the chapter? 13. Item-Is the library belonging to your said church carefully superintended and kept in good order? To whom is the custody of it confided? Have all the residentiaries and other members of the chapter free access to the same? And who have keys of the said library? "14. Item-Are the records and muniments belonging to the dean and chapter deposited in a convenient place, and preserved from dust and damp, kept in good order, and carefully and methodically arranged. "15. Item-Have you the residentiaries duly kept residence for the term prescribed by the statute? If not, state the grounds on which such residence, or any portion of the term of such residence, has been omitted, whether it has been through sickness or any other urgent cause; and state whether during the period of such omission (if any such has occurred), any other member of the chapter has regularly attended the performance of divine service in the stead and on the behalf of the residentiary aforesaid. "16. Item-What change has of late years taken place with respect to the canonical houses? In what house or houses is the residence of the dean and canons respectively now kept? Does the dean always reside in the deanery, and does the residentiary always reside in a canonical house? "17. Item-Are you the dean and chapter feoffees in trust for any schools, hospital, or any other pious foundation? What manors, lands or tenements belong to them and every of them respectively, and of what yearly value, what leases are there of the same, when and by whom, and for what term of years or lives granted? What fines on the last renewals of those leases were received, and by whom? How have they been employed, or in whose hands do they now remain? Are the houses and edifices thereunto belonging kept in good repair? "18. Item-Are the children in the schools belonging to the dean and chapter diligently taught and instructed? Do the schoolmasters catechise the scholars, and instruct them otherwise in the principles of religion; and are the houses, lodgings and buildings belonging to the said schools or school, duly used and employed according to the intention of their founders? 19. Item-Are the chancels of the churches and chapels belonging to the dean and chapter, and the other members of your body, in good and sufficient repair? "20. Item-Is the rota of preaching enjoined by Archbishop Holgate to the prebendaries and other dignitaries in your church, still in use and observance? If not, how has the arrangement of turns of preaching been altered? And in what way will the existing practice be affected by the existing statute 3 & 4 Vict. c. 113. "E. EBOR." "Jan. 18th, A.D. 1841." Lawfulness of decora tions decided It has been recently decided that a bishop may at a visitation of his cathedral, and of the dean and chapter thereof, hear and at visitation. determine any question raised as to the lawfulness or unlawfulness of any decoration set up in the cathedral (¿). Appeal. Public Pluralities Statutes of cathedrals. From the decision of the bishop in such a case, if it be within the province of Canterbury, the appeal lies to the Official Principal of the Arches Court of Canterbury (j). By the Public Worship Regulation Act, 1874 (37 & 38 Vict. c. 85), ss. 8, 17, provisions are made for representations of the introduction of unlawful decorations or ceremonies into a cathedral or collegiate church being preferred according to that act, and for enforcing decisions thereupon (k). By 48 & 49 Vict. c. 54, The Pluralities Acts Amendment Act, s. 3, one of the commissioners on any commission issued under that act "shall be a canon residentiary, prebendary or honorary canon of the cathedral church of the diocese wherein the benefice is situated elected as hereinafter provided." By s. 4, "the dean and chapter of every cathedral church . . . together with the canons non-residentiary or honorary, as the case may be, or where there is no dean and chapter the canons residentiary and honorary," are forthwith and at the end of every three years, to elect one of their body to be such commissioner for the ensuing three years. SECT. 3.-The Law since the Statutes of William the Fourth and The acts of 3 & 4 Vict. c. 113, 4 & 5 Vict. c. 39, and 6 & 7 Victoria as to Vict. c. 77, wrought an extensive change in the condition and constitution of deans and chapters. The first act was passed on the 11th August, 1840, and entitled "An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues.' It recited that, under the 6 & 7 Will. 4, c. 77, the commissioners first mentioned in the said act, in their fourth report to his late majesty, had made certain recommendations touching cathedral and collegiate churches, and other things in the said report specified: And that it was expedient that the said recommendations should be adopted, with certain alterations. It dealt with the status of deans, canons, chapters and minor canons. It founded some new canonries and a new institution of honorary canons. It made provision for annexing canonries to archdeaconries, for the alteration of statutes, authority of visitors, for the disposition of patronage, both as to the appointment of deans and canons and the incumbents of benefices, for residence (i) Phillpotts v. Boyd, L. R., 6 P. C. p. 435. (j) Boyd v. Phillpotts, L. R., 4 Adm. & Eccl. p. 297. Vide infra, () Videinfra, Part IV., Chap. IX. houses, for the University of Durham, and for some other matters of general ecclesiastical importance. It was considerably amended by 4 & 5 Vict. c. 39, generally, and by 6 & 7 Vict. c. 77, as to the Welsh cathedrals. Since then various amending acts have been passed, 13 & 14 Vict. c. 41 (Manchester), 13 & 14 Vict. c. 94, 23 & 24 Vict. c. 124 (Estates), 27 & 28 Vict. c. 70 (Minor Cathedral Corporations), 29 & 30 Vict. c. 111 (Westminster), 31 Vict. c. 19, and 31 & 32 Vict. c. 114 (Estates), 36 & 37 Vict. c. 39, and 36 & 37 Vict. c. 64 (Lichfield). be deans and canons. By sect. 1 of 3 & 4 Vict. c. 113, "From henceforth all the Members of members of chapter, except the dean, in every cathedral and chapters to collegiate church in England, and in the cathedral churches of Saint David and Llandaff, shall be styled canons; and the precentor of the cathedral church of Saint David, and the warden of the collegiate church of Manchester, shall be respectively styled dean." The constitution of a chapter is defined by sect. 16 of 4 & 5 Chapters. Vict. c. 39: members to "In every cathedral church in which any canonry or canonries Majority of is or are or shall be suspended, a majority of the existing mem- constitute a bers of chapter, including or not including the dean, according chapter. as his presence may or may not be by law required, shall at all times be a sufficient number of canons for constituting a chapter." chapters. Returning to 3 & 4 Vict. c. 113, we find it enacted by sect. 44, "That upon the vacancy of any benefice in the patronage of the Exercise of chapter of any cathedral or collegiate church, the chapter shall patronage of present or nominate thereto either a member of such chapter, or one of the archdeacons of the diocese, or a non-residentiary prebendary or honorary canon, as the case may be, or any spiritual person who shall have served for five years at the least in the office of minor canon or lecturer of the same church, or of master of the grammar or other school (if any) attached to or connected with such church, or as incumbent or curate in the same diocese, or as public tutor in either of the universities of Oxford and Cambridge, or who, so far as relates to the cathedral church of Durham, shall have served for the like term in the office of professor, reader, lecturer, or tutor in the said university of Durham, or shall have been educated thereat and shall be a licentiate or graduate in theology therein, or who shall have served as incumbent or curate within the same diocese for the period aforesaid (1); and that every such office of minor canon, lecturer, schoolmaster, professor, reader, lecturer, or tutor shall immediately upon the expiration of one year from the time of his institution to such benefice, if not previously resigned, become (1) Provisions for applying this condition, when a new diocese is formed, will be found in 38 & 39 Vict. c. 34, s. 15; 39 & 40 Vict. Chapters, or visitors in their default, to propose alterations in statutes. Deans. Deans of old cathedrals and three canons of and be vacant; and that if neither a member of the chapter nor an archdeacon of the diocese, nor a minor canon, nor lecturer, nor such schoolmaster, incumbent, or curate, professor, reader, lecturer, tutor, licentiate, or graduate, as the case may be, shall be presented or nominated to such benefice within six calendar months from the time of the vacancy thereof, the bishop of the diocese in which the same is situate may within the next six calendar months collate or license thereto a spiritual person who shall have actually served within such diocese, as incumbent or curate, for five years at the least; and if no such collation or licence shall be granted within such time, the right of presentation or nomination to such benefice for that turn shall lapse to the archbishop of the province." Sect. 47. "That the chapters of the several cathedral and collegiate churches shall from time to time, of their own accord, or upon being required by the visitors of the said churches respectively, propose to such visitors such alterations in the existing statutes and rules as shall provide for the disposal of the benefices in their patronage, so as to meet the just claims of the minor canons of such churches, and as shall make them consistent with the constitution and duties of the chapters respectively as altered under the authority of this act; and all such alterations, if approved, may be confirmed by the authority of such visitor; and that in any case in which such alterations shall not be approved, or in which such requisition shall not be complied with within twelve calendar months after the making thereof, the visitor shall be at liberty of himself to make the necessary alterations; and all such statutes and rules when so altered shall be submitted to the ecclesiastical commissioners for England, and may be confirmed by the authority hereinafter provided; and that as to any alteration made by a visitor alone, the said commissioners shall communicate a draft thereof to the chapter to be affected thereby, and shall, together with any scheme to be prepared by them under the authority hereinafter contained, lay before her Majesty in council such remarks as may within three months have been made thereon by such chapter; and that out of the proceeds of the suspended canonries in any chapter provision may from time to time be made, by the authority hereinafter provided, for relieving the present canons of such chapter from the performance of any additional duty by reason of such suspension, by the employment of substitutes, to be approved by the respective bishops; provided always, that nothing herein contained shall be construed to affect any existing right of chapters with their visitors to make statutes.' As to deans the enactments are as follows: Sect. 21 suppressed the deaneries of Wolverhampton, Middleham, Heytesbury and Brecon. By sect. 24, "The deanery of every cathedral and collegiate church upon the old foundation, except in Wales, and the three existing canonries in the cathedral church of Saint Paul, in by her London, shall henceforth be in the direct patronage of her St. Paul's, to Majesty, who shall and may, upon the vacancy of any such be appointed deanery or canonry, appoint, by letters patent, a spiritual person Majesty. to be dean or canon, as the case may be, who shall thereupon be entitled to installation as dean or canon of the church to which he may be so appointed." archdeacons By sect. 27, "No person shall hereafter be capable of receiving Qualification the appointment of dean, archdeacon, or canon, until he shall of deans, have been six years complete in priest's orders, except in the and canons. case of a canonry annexed to any professorship, headship, or other office in any university." severed from By sect. 43, "In the construction of this act the said free Haseley chapel of St. George, in Windsor, shall be held to be included rectory to be in the term collegiate church;" and provision is made for the deanery of detaching and dissevering the rectory of Haseley, in the county Windsor. of Oxford, from the deanery; and the rectory is to be in the patronage of the chapter. severed from By 36 & 37 Vict. c. 64, the rectory of Tatenhill is severed Tatenhill from the deanery of Lichfield, and the advowson is vested in rectory her Majesty, and the endowments are vested in the Ecclesiastical the deanery Commissioners who are thereout by scheme to make provision of Lichfield. for the spiritual duties of the parish (m). It is further enacted by sect. 5 of 4 & 5 Vict. c. 39: "That the holding of a canonry residentiary, prebend, or Deans need office is not nor shall be necessary to the holding of the deanery not hold prebends. of any cathedral church in England, nor to the entitling of any dean to his full share of the divisible corporate revenues of such church, although such share may not heretofore have been received by any preceding dean otherwise than as a canon residentiary; and that the holding of a prebend is not nor shall be necessary to the holding of either of the residentiary canonries in the cathedral church of Saint Paul, in London, which are in the direct patronage of her Majesty." By 13 & 14 Vict. c. 94, s. 19, no dean appointed after April 10, Deans not 1850, is to hold any benefice except in the cathedral town and with an annual income under 5007. (n). The deans and chapters of the Welsh cathedrals are governed by a special act: 6 & 7 Vict. c. 77; the provisions of which are analyzed, infra, at p. 185. By 13 & 14 Vict. c. 98, s. 5, no dean may hold the office of head ruler of any college of Oxford or Cambridge, or of Provost of Eton, Warden of Winchester, or master of the Charterhouse, the Dean of Christ Church, Oxford, of course excepted. to hold pluralities. With respect to canons the enactments are numerous and Canons. various, as will be seen: Sect. 93 of 3 & 4 Vict. c. 113. "In the construction of this Construction act the term 'canon' shall be construed to mean only every resi- of the term (m) This act was rendered necessary by the decision in Regina v. Champneys, L. R., 6 C. P. p. 384. See further 48 & 49 Vict. c. 31. 66 'canon." |