Cathedrals visitable by the ordinary.

a vacancy Dr. Stainhoe was admitted, and the court would not grant a mandamus to admit Dr. Owen, because (as is there said) it was a ridiculous custom to elect where no prebend was vacant, for that there cannot be an election but into a void place (z).

It is true there may be a pre-election; and upon a death the person may afterwards be admitted: but such preelection binds not the body, so as that they may not elect any other when the vacancy happens; especially, where the electors are the patrons, and are also the persons to admit. The caution given in this case by the canon law is, not to choose to the place which shall be next vacant; but if they choose a man to be a brother or a fellow of the society, and promise to confer upon him the next vacant benefice, such election is good (a).

That all deans and chapters are subject to the visitation of the bishop "jure ordinario," and of the archbishop of the province "jure metropolitico," is a well-established maxim of ecclesiastical law. The exercise of such visitatorial power has been transmitted to us from the authority of the primitive church, incorporated into and inculcated by the canon law, and, wherever a question has arisen, supported by the temporal courts. Sir John Comyns, in his Digest, lays it down as clear law, that "all spiritual persons generally are subject to the visitation of the bishop or other ordinary," and that "a dean of right is visitable by the ordinary" (b). The Council of Trent very carefully restored the old doctrine of the canon law upon this subject (c). In Dyer's Reports (d) will be found, in Nor

(z) 2 T. Jones, 199. This case seems to be somewhat misreported: The prebends at St. David's were in the gift of the bishop, and therefore the election could not be to a prebend. But there were in that church six residentiaryships; and to one of these it seems the pre-election was made. Three of the residentiaries were named by the bishop, viz. the chantor, chancellor, and treasurer. The other three were elective out of the body of the prebendaries. The custom had prevailed for some time, for the six to agree to elect a seventh supernumerary; who should in return of the obligation keep residence, and do the business of his electors; and

should succeed to the next vacancy in the chapter by election. It seems, from the above-mentioned report, that Dr. Owen having been thus pre-elected, was refused to be admitted. Upon which he moved for a mandamus; but the court would not grant the same, such preelection being merely void. This custom at St. David's, after some endeavours to be continued, had some time ago entirely ceased.

(a) Gibs. 176, 7, 8; X. 3, 5, 19. (b) Comyns' Digest, vol. v. p. 566, tit. Visitor (A 6). (c) See sess. vi. c. 4; sess. 25, c. 6.

(d) P. 273.

man French, the case of Goodman, Dean of Wells. Edward VI. made Dr. Goodman dean of Wells; the Bishop of Bath and Wells held a visitation, through a civilian, Dr. Meyrick, his commissary, who deprived Goodman, on the ground that he held a stall in the cathedral of which he was dean. Queen Mary appointed delegates to revise their sentence, and they restored Goodman: in the succeeding reign of Elizabeth, he was again deposed, and Turner, previously appointed by Edward VI., installed in the deanry. A question afterwards arose at common law, and a trial at bar took place in the county of Somerset, before a grand jury and four eminent judges of that day: they held that the deanry was a spiritual and not a temporal possession, and therefore visitable by the ordinary, and that Goodman had been justly deposed by Dr. Meyrick. The reporter adds this note to the case: "It was held that the dean was visitable by the bishop non obstante the saving in the act." Bishop Gibson gives another precedent in his Appendix, where the Dean and Chapter of Exeter were visited by the Archbishop of Canterbury in Richard the Second's reign (1384), the bishopric being vacant. In this case the visitor being doubtful as to the titles by which some of the canons had obtained their offices, held a visitation, and in the meanwhile directed the revenues to be kept in safe custody (e).

In Strype's Memorials will be found an account of a metropolitan visitation of Canterbury by Archbishop Matthew, and the articles of inquiry exhibited on the occasion (1560), and of the same province by Archbishops Grindal (1576), and Whitgift (1583) (ƒ).

The records of the Dean and Chapter of St. Paul's contain various precedents for the episcopal visitation of their cathedral, and one only of a metropolitan visitation, that by Archbishop Laud, in 1636, against which they presented the following remonstrance to the king :

"To the King's most excellent Majte.

"The humble petition of the Dean and Chapter of the Cathedrall Church of St. Paul, London.

"Humbly sheweth unto your sacred Majtye.

"That whereas the La Archbishop of Canterbury, his

(e) See Gibs. Cod. vol. ii. p. 1333-the words of the citation to the Dean and Chapter of Exeter.

(f) See Strype's Lives of

Archbishop Parker, vol. i. p. 144; of Whitgift, vol. i. p. 246–410. See also Life of Cranmer, vol. i. p. 249, for that metropolitan's visitation.

Cathedrals visitable by the ordinary.

grace by his sumons to that purpose directed to us the Deane and Chapter of St. Paule, hath signified his grace's purpose by his metropoliticall power to visit the sd church: and whereas it doth not appeare by any records belonging to his grace or the church, that the deane and chapter have ever been visited by any metropoliticall power, notwithstanding the rest of the diocesse hath been so visited: and whereas the said deane and chapter doe acknowledge that they hold immediately from your majtye all their priviledges which they take themselves bound by oath to pserve entire so far as in them lyeth, but withall most tender in all things to shew themselves obedient to your majtye's pleasure, and the Psent government of the church, doe humbly beseeche your majte you would be gratiously pleased to take the pmisses into your royall consideration, and to give such order therein, as your majtye in your wisdome shall think fitt.

"And your petitioners as in all duty bound shall ever pray, etc."

And received the following answer:

:

"At the court att Whitehall, Apr. 27, 1636. "His Majty approves well of the modestye of these petrs, but withall is resolved for the settlement of peace and good order in the church, that no place without speciall grounds of priviledge shall be exempt from archiepiscopall visitation and least of all this church of St. Paul, in reguard it appears by their owne suggestions that the rest of the diocese hath been visitted, and de jure ordinario it is knowne that the archb or b❜ ought to begin his visitation att the cathedrall, and they can shew no act in any their registryes, that the archbes did not visit their church att the same time when they visited the diocesse: and therefore his majte requires submission of the dean and chapter to the visitation of the present Archbp of Canterbury, and of his successors, and wills that this be registred both in the archbp's office, and in their owne accordingly.

"JOHN COKE."

This visitation began in 1636 and lasted till 1638. The dean, in the name of the chapter, entered a protest in Latin against its length-" in præjudicium mei decani et capituli ecclesiæ cathedralis."

The ordinary visitations of this ancient cathedral, of which any memorial has been preserved, begin in 1374, and end in 1743, in the following order :

Visitatio ecclesiæ per Simonem de Sudburie Epis. Lond. 1374.

Bishop Bancroft's visitation, 1558.

Bishop Grindall's visitation, 1559.

Bishop Compton's long visitation, 1696.

Bishop Gibson's first visitation (against which the dean and chapter remonstrated), 1724.

66

In this visitation, articles of inquiry were as usual administered to the dean and chapter, who exhibited their answers. But the injunctions, 1, relate to an evil custom of great numbers of persons walking and talking in the body of the cathedral church during the time of divine service in the quire," which the dean and residentiaries are desired to prevent, and if need be, cause the canons and other laws to be executed against such offenders, especially the 18th canon and the statute of 1 William and Mary, c. 18; 2, enjoin the observance of an injunction of his predecessor Bishop Compton as to daily morning service commencing at ten o'clock; 3, enforce the duties of preaching by dignitaries and prebendaries; 4, that the books of former statutes and former injunctions, with these injunctions added to them, be kept in the archives of the chancel, under the custody of the chapter clerk, and that those who are sworn to this observance may have free access to them.

Bishop's visitation when Dr. Andrews was canon residentiary (g).

In 1847, the sub-dean appealed to the visitor (Bishop Blomfield), claiming a right, founded on the statutes, to be presented to the living of Cripplegate, to which a canon, Archdeacon Hale, had been presented. The case was heard by the bishop, with Mr. Justice Patteson and Dr. Lushington for assessors. The decision was adverse to the claimant; no reasons were given, but the ground was, that though the statute was clearly proved, and the right of the sub-dean under it, no instance of an appointment under it could be shown, and the date of it was very early.

Since 1849, the visitor has again been appealed to.

The records of the registry at York abound in precedents, among which may be remarked those of Archbishop Holgate, in 1552; of Frewin, in 1662 (Dr. Burwell, a civilian, acted as commissary to Frewin in this case); of Sterne, in 1667; of Sir W. Dawes, in 1715. This last visitation (i. e. of Archbishop Dawes) arose from

(g) I cannot find the date.

Cathedrals visitable by ordinary.

Articles of inquiry exhibited by ordinary in a visitation of his cathedral.

the appeal of a vicar choral to his grace, as visitor, from a sentence of the dean and chapter. The usual practice seemed to have been to appoint a commissary to hold the court; but in this case the archbishop appears to have sat in person; but it is said, "maturâ deliberatione prehabitâ de et cum consilio jurisperitorum—observatisque omnibus et singulis de jure in hâc parte observandis." The sentence of the dean and chapter was confirmed by the archbishop, as it was afterwards by the Court of Delegates, to whom it was still further appealed. The last precedent was in 1841, when the then Archbishop of York (Harcourt), in order to allay certain dissensions, and remedy certain grievances in the cathedral of York, exercised his visitatorial power, "jure ordinario," and after opening the court in person, appointed Dr. Phillimore his commissary or judge, to inquire into the alleged grievances, and adjudicate on the matters in dispute (h).

The manner of proceeding in a visitation of this description is to issue inhibitions to all inferior jurisdictions, and a citation to the dean or residentiary canon, who cites all members of the cathedral body in an instrument embodying the citation of the ordinary; and on the return of the citations, and the opening of the court, to exhibit articles of inquiry, and, according to the answers given in and the discussions which take place upon them during the sitting of the court, to issue injunctions, ordering all disorders, of which the existence has been proved, to be rectified. The personal appearance of the members of the cathedral body, and the execution of the injunctions, may be enforced like any other process of an ecclesiastical court. As this is a very curious subject of ecclesiastical law, and of not very frequent occurrence, I have thought it advisable to print the form of articles of inquiry exhibited at the visitation of York in January, 1841, and framed in careful compliance with former precedents.

ARTICLES.

"1. Imprimis-Whether is divine service duly and reverentially performed in your church without alteration, addition, or diminution, according to the laws and statutes of the realm, and according to the canons of the church

(h) The practice seems to have varied as to appointing a civilian as commissary or as assessor.

Bishop Gibson chose an assessor. Sometimes also two commissarics have been appointed.