sometimes enforced, by statutes and ordinances, as at St. Paul's, Exeter, &c. &c. ALL used to swear on admission that they would reside. This will be found in the oaths of many cathedrals, and especially at Chichester. The form of oath and of admission there has been altered so often, (the erasures, alterations, &c. &c. in the present form, and in the page of the statute book now used on such occasions, being most curious,) that it is difficult to know which page to refer to. It is sufficient to say that that clause in the oath is found, it is believed, in one of the forms of the statute book now exhibited, in other records of the church, and in the Burrell transcript of the statutes from the University Library, Oxford copy, (p. 144 of that copy.) It was, however, obviously found that such oath was not enough-that canons were nonresident in spite of it. A fresh oath was, therefore, required, and this was the Protestatio. It was thus a sort of notice to the residents of an absent canon's intention of coming into residence. And the first step probably taken in order to use this custom to the advantage of residents was the compelling a canon to give this notice of his intention a certain time before coming into residence. At St. Paul's the times for giving this notice were fixed; we find it noticed in a record at Chichester, (where, it is believed, the times were also fixed,) that, on one occasion, a canon was admitted into residence sooner after his protestation than was necessary; and, at Lichfield,+ a notice of forty days was required. The next step was not absolutely to refuse to admit to residence, but to defer the coming into residence on the plea of poverty of the cathedral, a device which we find adopted at Lichfield between A.D. 1296 and 1321, where, there is reason to suppose,§ that residentiaries, as a distinct body in any way, were unknown till after A.D. 1250, (the very fact of a statute being made to enable the body merely to defer a canon's coming into residence of itself shewing that it was previously quite open to all,) whereas after the latest of these dates, (1321,) such a distinction was established, that a residentiary canon was forbidden by a statute to reveal chapter secrets to a nonresidentiary. At St. Paul's, the residentiaries examined the new comer as to his health and fortune, and could reject him if either was deficient, but not The vigils of Christmas, Easter, St. John the Baptist, and St. Michael. + Bishop Langton's Statutes, Dugd. Mon., iii. p. 250. In these statutes, it is ordered that if, after this statute, any one should come into residence without certain notices, he was to be held as a nonresident. Whence it is clear that, before this statute, he might have come into residence without notice. Bishop Langton sat during this time. They are not noticed in the statutes of H. de Nonantis, A.D. 1186, nor in those of H. de Patishull, consecr. A. D. 1240. In the last especially it is said that the dean, or, in his absence, the excellentior canonicus, is to do so and so. They are found first in the statutes of R. de Meyland, who sat from A.D. 1257 to 1295. otherwise. At Exeter they could inquire only if he was worth 407., and could not go farther. At Lincoln it is said that they had gained the right of rejecting arbitrarily. Subsequently the plan of limiting the number of residentiaries by statute was tried. But great caution seems to have been used in taking this important step, by which it was intended at once to change the character of the cathedral body, and separate that which was strictly and indefeasibly one body of persons, possessing equal rights in every cathedral in Christendom by its constitution, however some of those who composed it might have neglected their duties and been careless about their rights, into two bodies possessed of very different privileges. At St. Paul's, where there had been a long series of miserable disputes, (all parties in A.D. 1399 having submitted to the royal authority, but the ordinances so made not being sufficient to prevent quarrels,) this was done in a set of statutes which, it was agreed, should be drawn up by Dean Colet, were passed in chapter, and afterwards confirmed by Wolsey, by virtue of his authority as legate.* At Exeter, it was done in 1560, on account of the smallness of the revenues, with unanimous consent of all the canons, and with the royal authority. At York, there was a statute made by King Henry VIII. as to the number of residentiaries, though it did not positively define the number, and it was finally settled by a writ of Privy Seal so late as 1697.† At Sarum, the number was finally fixed by a charter of Charles II.‡ At Lincoln, where previously protestations were accepted of necessity, the same change was effected by a general chapter, confirmed by the bishop. In short, the importance of this step Dugdale, Mon. iii. p. 348. ↑ Churton's Nowell, p. 316 or 317. It is curious to compare the practice of foreign cathedrals with ours in these points. It was not unusual for the pope (and perhaps for other authorities) to appoint supernumerary canons without prebends; and this was found so great an evil, that, in the fourth A.D. 1337. Council of Ravenna, it was forbidden, and power was given to reduce the number See Acta where they were too great for the revenue of the cathedral. This was to be done by Conc. vol. the canons with consent of the ordinary, or by the ordinary alone where it was his vii.p.1440. business. Ayliffe, in his " Parergon," says that it is lawful to reduce the number of canonries, (not residentiaryships,) and I suppose that he has such laws as these in his mind. So in A.D. 1251 the Archbishop of Nicosia, declaring that, in consequence of the supernumerary canons waiting for prebends, the churches were ruined, decrees that, in future, no one shall have a voice in chapter and stall in choir (i.e. be a canon) without a prebend. And this was repealed by another archbishop in 1340-one bishop of the province declining to accept the rule in his cathedral. A papal legate then fixed the number at twelve, (observing that, at one time, there had been sixteen with a less revenue,) and these were to have nothing unless they kept residence, unless absent for study, with leave of archbishop and chapter; or in captivity, or on chapter business with the archbishop. The archbishop, too, might have one or two of his canons with him. It is remarkable that one set of these decrees is said to be made with consent of dean and three canons, specially cited, there being no more resident, or in the place, so that they could be cited. § Churton's Nowell, ubi supra. Ibid. was so fully perceived, that the greatest care was taken to have the fullest authority. In general, as we have seen already in several, (and as Hereford is entirely governed by Laud's statutes, confirmed by the king, the same is true of it,) the necessity of royal authority was felt to confirm so serious a change, whereas at Chichester, no such authority was obtained, but the whole was done without the knowledge or intervention of the canons at large, in the presence of five of them at the utmost, and all of them parties interested.. * It is hence abundantly clear that residence and residentiaryship, residents and residentiaries, are not synonymous terms, and cannot be confounded except from entire ignorance of the history of all cathedrals; and that residentiaryship, as implying any actual distinction of rights, or of office, or station, anything more, in short, than actual residence, is a thing unknown to the constitution of all cathedrals, and is consequently an innovation, usurpation, and abuse, though now confirmed by length of time, and, in some cases, and to a certain degree, by its superiority over the old system. It is probable that the plea of poverty, on which it rested, was often a very just one; and, since the plundering of the church at the Reformation, some such step was positively necessary. It must be added that the residentiaries with the dean have full authority to exercise the powers of the chapter at large on all ordinary occasions; that on such occasions their acts are, and are to be, held as the acts of dean and chapter. Certain business was, at all time, required from the chapter. Nonresidents could not transact it, and residents properly did it. Nor is this all. It is certainly true also, that, from circumstances arising in all churches, the residentiaries, as residents, necessarily and, in some degree, properly acquired some powers which the canons at large could not properly exercise. Being on the spot constantly, they perhaps could best manage the property with advantage to the church, and accordingly we find the residentiaries of Chichester, in their reply to certain complaints against the limiting statutes of 1573 and 1574, saying that they claim the power of managing the property.+ That they who had usurped the office of their brethren would usurp their rights and property was to be expected. It was right Mansionarius and foraneus are common words in the French cathedrals for "resident and nonresident." † Residents, too, from constant exercise of the ordinary powers, were commonly called the chapter; and this has led to all sort of lax usage of language, on which some rely to shew that the residentiaries are alone the chapter. To shew how little reliance can be safely placed on words, I cite various forms of speaking of the church of Chichester" Capitulum cum ministris ejusdam," describes the whole body. "Decanum, canonicos, et omnes alios ejusdem ecclesiæ ministros." "Decanum et capitulum prædictum et reliquos capitulares.” indeed, no doubt, that they who had neglected the duty of residence should not share in the actual government of the church while absent, as they were incompetent to execute their office aright; and. we accordingly find that, at St. Paul's at least, there was an understanding between those who did and those who did not reside. Dugdale says that when so many went out of residence, the rest bound themselves by a fresh oath to residence, and gave the others leave of absence and their money on condition that they allowed them (the residents) to do all which was necessary for the honour of the church, and the management of the worship. This was quite proper; but we soon find indications in statutes of attempts to exclude the nonresidentiary canons from chapter, and to dispose of the cathedral property without their concurrence. It will be sufficient to refer to the very full statute of Henry VIII. about York, which was intended to regulate everything about residentiaryship in that church. This statute expressly says that any nonresidentiary canon present at York is to be cited to every act of chapter concerning the church or chapter, in order to prevent residentiaries from alienating the rights, property, &c., or changing them, to which is added, "CONSTAT eosdem canonicos, etiam nonresidentiarios, fratres et membra ejusdem ecclesiæ esse, ac capitulum ejusdem ecclesiæ cum cæteris canonicis facere." It hence appears that the residentiaries were in the habit of holding chapters for important purposes without the other canons, but that this was an abuse. In statute 20 of the Statuta Eccl. Morin., in Theod. Poen., p. 415, we find these secret chapters forbidden, and the necessity of all being cited, and time given for all to come, strongly marked out. The history of residentiaryship is, therefore, clear. The whole canons composed the chapter, and had the right of deciding on business affecting them. The canons left in residence naturally and properly held chapters for the transaction of ordinary business, and then naturally, but improperly, tried to establish their exclusive right to hold chapters on all points, and to exclude their brother canons from all share in the power as well as common property of the cathedrals. It is presumed that no one can dream of denying this; but if any one should be found, he had better refer to any of the canonists, to the provincials, or to any law definition of the words chapter and canon, or description of them. It was essential to a canon that he should have a place in chapter, but not essential that he should have a prebend. (See Ayliffe's "Parergon," p. 145, or any such book.) The only bar to his having a voice was his not being in major orders, (Id. ibid. Pommeraye's Rouen, p. 189,) at least in subdeacon's, by a Canon of the Council of Avignon, A.D. 1337, (Acta Conc., vol. vii. p. 1631;) and so the Council of Trent, (sec. xxii. c. 4.) So in Day's Register at Chichester, (B. fol. 13, in the Bishop's Registry,) we have, "Nos in ordine sacerdotali constituti jus et voces in hujusmodi electionis negotio habentes." In the second Council of Ravenna, A.D. 1304, it was decreed that no one could be called to chapter or have a voice unless he was in major orders. (Binn. Conc. iii. pp. 2, 795, ed. 1618.) The same order is made in statute 27 of the Statuta Eccl. Morin., in Theod. Poen., p. 416. H. J. R. (To be continued.) THE SUNDAY-SCHOOL TEACHER. PART I. PERHAPS, Sir, since you have admitted several letters on the subject of Sunday-school teaching into the pages of your magazine, a memorial of a sincere friend to Sunday-schools, a teacher in one for a long period of his short life, and, as a most judicious so a very successful, teacher, will not be unacceptable to you. The son of a tradesman, and himself engaged in trade, Lewis H―, had not possessed the wide advantages of a refined education; but quick perception, sterling good sense, and strong affections were gifts with which Nature had supplied him, to which she had added pleasing manners and most elastic spirits. At a very early period of his life he had attained to the yet higher gift and blessing of a deep and serious impression of the blessings and the requirements of the Gospel. Lewis was a true churchman, not only baptized at her font, confirmed at her altar, and living in her communion, but with earnest prayer desiring in his "vocation and ministry," as a layman, to fulfil the charge committed to him-to prove how useful even a layman constantly engaged in business can be to the true interests of that church which God, in his great mercy to our land, once established. How can we look upon that church now and not mourn? "Thou hast broken down her hedge; all they that go by pluck off her grapes. Turn again, O Lord of Hosts, look down from heaven, behold, and visit this vine!" Sometimes I feel comfort in thinking of those who have not lived to see these days of trouble; of some, whom I have known, whose warm and passionate feelings would have chafed vainly against the outrages that have been permitted. I rejoice that they are safe and at rest. Yes, of more than one I can rejoice that they are taken from the evil to come. We mourn because the church we love Ye, in your Father's church above, VOL. VII-April, 1835. 3 c |