\ DICTIONARY OF THE ENGLISH CHURCH. Digitized by the Internet Archive in 2015 https://archive.org/details/dictionaryofenglOOmoor Dictionary OF THE English Churc Ancient and Modern "The laws of the Church of England, and its history, are to be deduced from the ancient general canon law, from the par- ticular constitutions made in this country to regulate the English Church, from our own canons, from the rubrics, and FROM ANY Acts of Parliament that may have passed upon the subject ; AND THE WHOLE MAY BE ILLUSTRATED ALSO FROM THE WRITINGS OF EMINENT PERSONS." Sir John NiehoIL ILonlion WELLS GARDNER, DARTON, & CO. 2 PATERNOSTER BUILDINGS D5-(?| or PREFACE. There never was a period in the history of the English Church in which her relations to the civil power, and to religious bodies outside her communion, as well as her internal state and possible future, occupied more of public attention than they do at the present moment, and therefore correct information concerning all matters pertaining to her is a subject of great and growing interest and importance. The *^ Dictionary of the English Church, Ancient and Modern," w^ill therefore, we hope, be welcome as an opportune attempt to present in a brief and comprehensive form accurate knowledge upon Church subjects, such as is not otherwise accessible to the general public, deposited as it is in a vast number of ecclesiastical statutes of the realm, in ponderous and costly volumes on ecclesiastical law, and in various voluminous legal and Church dictionaries. In the preparation of the work the editor has endeavoured, as far as possible, to make it a popular repository of information for general use, as well as a trustworthy hook of reference to authoritative sources for professional men and others who may feel inclined for themselves to examine more fully any of the subjects referred to. In order to facilitate the investigations of those who may wish to consult the original authorities, abundant references are 437171 vi PREFACE. given to numerous standard works, such as will explain and illustrate in fuller detail the subjects dealt with. One prominent feature of the work to which the editor would call special attention is, that references are given under all the more important articles to the public ecclesiastical statutes of the realm as primary authorities. The statutes referred to range over the period from the date of Magna Charta, 9 Henry III., up to the present time. In compiling the Dictionary it has formed no part of the editor's plan to include among its contents subjects connected with the Church universal. These are to be found treated of in general Church dictionaries. He has sought to confine him- self exclusively to the treatment of matters concerning the Church of England, ignoring as far as possible questions of doctrine and controverted opinion, and recording only facts that relate to usages, customs, laws, institutions, offices, ecclesiastical orders and dignities, &c., which have prevailed in the Church of England in the past, or are a part of her system in the present day. From the very nature of the subjects dealt with, the editor has little original matter to ofier. He is indebted to Ephraim Chambers' Cyclopaedia;" Burn's "Ecclesiastical Law," Burn's " Law Dictionary ; " Sir Thomas Edlyne Tomlin's " Law Dictionary ; " " Ecclesiastical Statutes at Large,'' by James Thomas Law, M.A., special commissary of the diocese of Bath and Wells; Cripp's '*Laws of the Church and Clergy;" Dr. Staunton's " Ecclesiastical Dictionary ; " Sir Eobert Phillimore's ^^Ecclesiastical Law;" Dr. Hook's "Church Dictionary;" the Eev. John Henry Blunt 's " Annotated Book of Common Prayer," his "Dictionary of Doctrinal and Historical Theology;" the "Dictionary of the English Language," by Eobert Gordon Latham, M.A., &c. ; Prideaux's "Churchwarden's Guide;" and the Eev. Evan Daniel's "Book of Common Prayer, its History, PKEFACE. vii Language, and Contents." Various other authorities, thougli not enumerated here, are referred to and acknowledged in the body of the work. In every case in which the editor has felt himself indebted to any author for his material, he has been most anxious to make grateful acknowledgment of his obligation ; but he regrets to say that there are numerous instances in which it has been utterly impossible for him to do so, in consequence of his not being able to discover the original author of statements common to several authorities.^ There will be found throughout the work, under their different headings, copies of the forms of such legal ecclesiastical docu- ments as are in general and common use ; and these, it is hoped, will be helpful to the clergy, both beneficed and unbeneficed, in the exercise of their ministerial duties. Amongst these we may mention Instructions as to Holy Orders, Forms of J^omination, Title, and Licence to Curacies, Nomination, Presentation, Institution, Collation, and Induction to Benefices, with forms pertaining to the resignation of these, as well as information on other important ecclesiastical subjects, w^ant of information in regard to which, on the part of both clergy and laity, is matter of daily experience. The editor trusts that this Dictionary may be found to fill a real void in English ecclesiastical literature, and that it may prove of service to the general body of the clergy and intelligent laity; and he ventures to hope that it may not be without interest to many [N'onconformists who, though at present outside the Communion of the English Church, take an interest in all things pertaining to her history. T. M. * On this subject see "Advertisement to the Reader," in Staunton's "Ecclesiastical Dictionary," fourth edition, published in New York, 1875. EEFEEENCES. Eeferences to the following authors are abbreviated as under- written : — Ephraim Chambers' " Cj^clopsedia," 5th edition, 1 741 . E. C. C. Burn's "Law Dictionary," 1792 . . . , B. L. D. Burn's "Ecclesiastical Law," 1st edition, 1743 . . B, E. L. Sir T. E. Tomlin's " Law Dictionary " . . . T. L. D. Phillimore's "Ecclesiastical Law," 1873 . . . P. E. L. Blunt's "Dictionary of Doctrinal and Historical Theo- logy," 187 1 B.D.D.H.T. Blunt's "Annotated Book of Common Prayer," 1871 B. A. B. C. P. Staunton's " Ecclesiastical Dictionary," (New York) 1875. S. E. B. Hook's "Church Dictionary," 1859 Latham's "Johnson's Dictionary of the English Lan- guage," 1866 ...... Cripp's "Laws of the Church and Clergy," 1857 . Evan Daniel on the " Prayer-Book, " 1878 Prideaux's "Churchwarden's Guide," 1875 H. a D. L. J. B, a L. a a Evan Daniel. P. a G. Other authorities to which reference is made are given without abbreviation. Where reference is made to works al]Dhabetically arranged, the pages are not quoted. DICTIONARY OF THE ENGLISH CHURCH, ANCIENT AND MODERN. — ABBAT or ABBOT {ahhas, Lat. ; ahU, Fr. ; ahhud. Sax.), by some derived from the Syriac abha, pater), A spiritual lord or governor, having the rule of a religious house. Of these abbots here in England some were elective, some presentative, and some were mitred, and some were not. Such as were mitred had episcopal authority within their limits, being exempted from the jurisdiction of the diocesan ; but the other sort of abbots were subject to the diocesan in all spiritual government. The mitred abbots were lords of parliament, and called abbots- sovereign and abbots-general, to distinguish them from the other abbots. And as there were abbots, so there were also lords priors, who had exempt jurisdiction, and were likewise lords of parliament. Some reckon twenty-six of these lords abbots and priors that sat in parliament. Sir Edward Coke says there were twenty-seven parliamentary abbots and two priors. In the par- liament 20 Eichard II. there were but twenty-five ; but anno 4 Edward III., in the summons to the parliament at Winton, more are named. And in Monasticon Anglicanum there is also mention of more, the names of which were as follow : — Abbots of St. Austin, Canterbury, Eamsey, Peterborough, Croy- land, Evesham, St. Bennet de Hielmo, Thornby, Colchester, Leicester, Winchcomb, Westminster, Cirencester, St. Alban's, St. Mary York, Shrewsbury, Selby, St. Peter's Gloucester, Malmsbury, Waltham, Thorney, St. Edmund's Beaulieu, Abing- don, Hide, Eeading, Glastonbury, and Osney. And priors of Spalding, St. John's of Jerusalem, and Lewes. To which were afterwards added the abbots of St. Austin's, I)ristol, and of Bar- deny and the priory de Sempringham. These abbeys and priories were founded by our ancient kings and great men from 2 ABBAT— ABBEY. the year 602 to 1133. An abbot, with the monks of the same house, were called the convent, and made a corporation. All abbeys, monasteries, priories, &c., not above the value of j[^2oo per annum, were given to the king, who sold the lands at low rates to the gentry. The rest of the abbots, &c., made voluntary surrenders of their houses to obtain favour of the king, and in the 31st year of Henry YIII.'s reign a bill was brought into the house to confirm those surrenders, which passing, completed the dissolution, except the hospitals and colleges, which were not dissolved, the first till the 33d and the last till the 37th of Henry YIII., when commissioners were appointed to enter and seize the said lands, &c. — T. L. D, [See 52 Hen. HI. cap. 10 ; 52 Hen. HI. cap. 28 ; 3 Edw. I. cap. 47 ; 9 Rich. n. caps. 4 & 5 ; 12 Rich. H. cap. 7 ; 4 Hen. IV. cap. 17 ; 3 Hen. Y. stat. 2, cap. 2 ; 9 Hen. V. cap. 9 ; 9 Hen. VI. cap. 10 ; 15 Hen. VI. cap. 7 ; 33 Hen. VI. cap. 6 ; 19 Hen. VII. cap. 14 ; 26 Hen. VIII. cap. 3, sees. 23, 24; 27 Hen. VIII. cap. 25, sec. 27; 31 Hen. VIII. cap. 16 ; 33 Hen. VIII. cap. 29 ; 2 & 3 Edw. VI. cap. 7 ; 5 & 6 Edw. VI. cap. 13. Concerning special exemptions and privileges granted to abbots — see 52 Hen. Ill, cap. 10. For wrongs and injuries done hy abhots to the lands or properties of their houses^ and the remedy pi'ovided for their successors — see 52 Hen. III. cap. 28. As to licences granted to certain religious persons to go about begging who had letters testimonial from their ordinary — see 12 Rich. II. cap. 7. For a rehearsal and confirmation of certain privileges granted to abbots and other religious persons — see 9 Hen. VI. cap. 10 ; 3 Hen. V. cap. 2. Relative to provisions against certain alleged crafty and deceitful selling and buying of pensions chargeable upon manors, lands, tene- ments, and other hereditaments that did belong or did appertain to any of the late monasteries, priories, religious houses, colleges, chapters, guilds, fraternities, or other possessions of the same, which came to the possession of the king by reason of dissolution, attainder, or surrender of such properties" — see 2 & 3 Edw. VI. cap. 7.] ABBESS. The lady superior of a nunnery. ABBEY {abhatia) was a society of religious persons having an abbot or abbess to preside over them. Abbey lands, before the dissolution of the monasteries, were many of them discharged from the payment of tithes, either by the Pope's bulls, or by real composition with the parson, patron, and ordinary, or by their order, as Cistercians, Templars, Hospitalers, and Praemon- stratenses. But this was only so long as the lands remained in the hands of the several religious societies, and were cultivated ABBEY. 3 by them, and not in the hands oi their tenants or lessees. Tliese exemptions by the dissolution had been abolished, if they had not been continued by an act of Parliament passed in the reign of Henry YIIL, with respect to such of the monasteries as were dissolved by that act, which enacts that they who shall have any lands belonging to the said religious houses shall enjoy them discharged of the payment of tithes, in like manner as the abbots and others enjoyed the same at the time of their dissolution. Which act also created a new discharge, which was not before at the common law, that is, unity of the possession of the par- sonage and land tithable in the same hand ; for if the monas- tery, at the time of the dissolution, was seised of the lands and rectory, and had paid no tithes within the memory of man for the lands, those lands shall now be exempted from payment of tithe, by a supposed perpetual unity of possession, because the same persons that had the lands, having also the parsonage, could not pay tithes to themselves. And. now, though the titles of discharge under the 31 Henry YIIL are many of them lost, and cannot be made out at this day, yet if the lands of a religi- ous house have been held since the dissolution freed from the payment of tithes, it shall be intended that they were held so before. — B. L. D. " Abbeys were founded by kings and their progenitors, noble- men and their ancestors, and endowed with large portions of land and tenements for the objects that clerks and laymen might be admitted into them, and that sick and feeble men might be maintained, hospitality, almsgiving, and other charitable deeds done and encouraged, and that in them prayers might be said for the souls of the founders and their heirs for ever." [See 35 Edw. I. stat. I, cap. i.] Abbeys were specially protected and privileged. They were not to be overtaxed, oppressed, nor impoverished, and those who attempted in these respects to do , them an injustice or injury were to be punished. [See 3 Edw. i I. cap. I.] The preamble of this statute runs thus : — These be I the acts of King Edward, son of King Henry, made at West- minster at his first parliament general after his coronation, on I the Monday of Easter, in the 3d year of his reign, by his coun- i oil, and by the assent of the archbishops, bishops, abbots, priors, earls, barons, and all the commonalty of the realm being thither summoned, because our lord the king had great zeal and desire to redress the state of the realm in such things as required amendment for the common profit of Holy Church and of the realm : and because the state of his kingdom and of the Holy I ! 4 ABBEY— ABJUEATIOX. Chiircli had been evil kept, and tlie prelates and religious persons of the land grieved many wa^^s, and the people otherwise intreated than they ought to be, and the peace less kept, and the laws less used, and the offenders less punished than they ought to be, by reason whereof the people of the land feared the less to offend, the king hath ordained and established these acts underwritten, which he intendeth to be necessary and profitable to the whole realm." For full 'particulars as to abbeys — see 13 Edw. I. stat. I, cap. 4T, and 35 Edw. I. stat. i, caps. I, 2, 3, & 4, and various other succeed- ing acts. For the abolition of abbeys and the confiscation of their property to the king, and disposal of portions of it by him to various purposes and persons— see 27 Hen. YIII. cap. 28; 31 Hen. VIII. cap. 13; 32 Hen. YIII. cap. 20; 34 & 35 Hen. VIII. caps. 19 & 21, sees. 2 & 3, &c. ABBOT EXEMPT. An abbot who was free from the autho- rity of the bishop and ordinary, and dependent only on the See of Rome. ABBOT MITRED. An abbot who, on account of his haviug jurisdiction, was privileged to wear a mitre, and, in England, to have a seat in the House of Lords. Formerly there were twenty- four abbots mitred in England. ABBOT OF MISRULE. A person in the i6th century w^ho was chosen to regulate the sports and pastimes throughout the Christmas holidays, and w^as also called the Abbot of Unreason and Lord of Misrule. ABEYANCE or ABBAYANCE (from the Fr. beer or bayer, to expect) is what is in expectation, remembrance, and intend- ment of law. By a principle of law in every land there is a fee- simple in somebody, or it is in abeyance ; that is, though for the present it be in no man, yet it is in expectancy, belonging to him that is next to enjoy the land. If a man be a patron of a church, and presents one thereto, the ' fee of the lands and tenements pertaining to the rectory is in the parson ; but if the parson die, and the church become void, then the fee is in abeyance until there be a new parson presented, admitted, and inducted ; for the patron hath not the fee, but only the right to present, the fee being in the incumbent that is presented. — T. L. D. ABJURATION (abjuratio), A forswearing or renouncing by oath ; in the old law it signified a sworn banishment, or an oath taken to forsake the realm for ever. In King Edward the Confessor's time, and other reigns down ABJURATIOK S to 2 2 Henry YIII. (in imitation of tlie clemency of tlie Eoman emperors towards such as fled to the Church), if a man had committed felony and could fly to a church or churchyard hefore his apprehension, he might not be taken from thence to be tried for his crime; but on confession thereof before the justice or before the coroner, he was admitted to his oath, to abjure or forsake the realm, which privilege he was to have forty days, during which time any person might give him meat and drink for his sustenance, but not after on pain of being guilty of felony. But at last, this punishment being but a perpetual confinement of the offender to some sanctuary, wherein (upon abjuration of his liberty and free habitation) he would choose to spend his life, this privilege was abolished in King James I.'s reign, and this kind of abjuration ceased. — T, L. D, Another kind of abjuring the realm, not depending on any privilege of sanctuary, w^as with respect to Popish recusants removing from their place of habitation without licence, and not conforming in three months after notice, in which case they were required to abjure the realm before two justices of the peace or the coroner ; the form of which abjuration, according to the old books, was this : — " This hear you, sir coroner, that I, A. B., am a Popish recusant, and in contempt of the laws and statutes of England I have and do refuse to come to their church. I do, therefore, according to the intent and meaning of the statute made in the thirty-fifth year of Queen Elizabeth, late queen of this realm of England, abjure the realm of Eng- land. And I shall haste me towards the port of C, which you have given and assigned to me, and that I shall not go out of the highway leading thither, nor return back again ; and if I do, I will that I be taken as a felon of the king. And that at C. I will diligently seek for passage, and will tarry there but one flood and ebb, if I can have passage ; and unless I can have it in such place, I will go every day into the sea up to my knees, assaying to pass over. So help me God and his doom." — B. L. D, They who abjured the realm were to be in peace so long as they were in a church or on the king's highway. [See 9 Edw. II. cap. 10.] The w^ords of the preamble of the statute are : " They that abjure the realm so long as they be in the common way shall be in the king's peace, nor ought to be disturbed of any man, and when they be in a church their keepers ought not to abide in the churchyard, except necessity or peril of escape do require so." By 9 Edward II. cap. 15, "a clerk fleeing to 11 6 ABJURATION— ABLUTIONS. the church for felony, to obtain the privilege of the Church and benefit of the clergy, if he affirmed himself to be a clerk, he could not be compelled to abjure the realm, but yielding himself to the law of the realm, enjoyed the privilege of the Church according to the laudable custom of the realm heretofore used." By virtue of 21 Henry YIII. cap. 2, any person taking sanc- tuary in a church or churchyard was to have his abjuration of the realm, and such person being a felon or murderer, could take his abjuration and passage out of the said church, church- yard, or other holy place, at such day and time as should be limited to him by the coroner of the shire or place wherein he had taken sanctuary ; and the coroner, immediately after his confession, and before his abjuration, was to cause every such felon or murderer to be marked with a hot iron upon the brawn of the thumb upon the right hand with the sign of " A,'' to the intent that he might be the better known among the king's subjects that he was abjured, and then to give him his abjuration, to be used in all other things as had been the cus- tom. But if any such felon or murderer refused to take passage out of his sanctuary, he was to lose the benefit of clergy and forfeit his abjuration. By 22 Henry YIII. cap. 14, it was enacted that in con- sequence of the strength of the realm being diminished by per- sons taking sanctuary and abjuring it, who in foreign countries instructed foreigners in archery, and disclosed the secrets of the realm of England to the same, confinement to some one sanctuary during life should be substituted for abjuration ; and that any person in such sanctuary committing a felony, &c., or leaving his sanctuary and committing a felony and returning to it for refuge, should forfeit all privileges of sanctuary, and be committed to gaol, and was to be dealt with as though he had never enjoyed the benefits of sanctuary. For the total abolition of the privileges and rights of sanctuary, and for the subjection of clerks in holy orders, or otherwise committing crimes against the law to the processes of trial, pains, and penalties as others the king's subjects, and for the perpetual enactment of the laws concerning the same. [See 28 Hen. VIII. cap. i.] ABLUTIONS. Einsings of the sacred vessels after Mass. After having communicated, the priest consumed first the wine, and then the wine and water was poured over his fingers by the sub-deacon or server. After this, according to the Use of Sarum, he received a third ablution of water. In the case of a ABSOLUTE— ADMITTENDO CLERICO. priest celebrating twice, the aLlutions were not dnmk at the lirst celebration, but put away in the aumbry. — S. E. D. ABSOLUTE ORDINATION. The conferring upon any one holy orders, or the consecration of any one to the office of a bishop, without any specific field of labour, as a priest without a parish or a bishop without a diocese. This practice was, and still is, forbidden by the canons of the Church. ABSOLUTION. In the ecclesiastical sense, a loosing from sin, equivalent to the remission or forgiveness of sin. The term is popularly used, by abbreviation, for the forms in the Daily Service of the Church and in the Communion Office, entitled The Declaration of Absolution." ACCESS. The Prayer of humble. The prayer in the Com- munion Office beginning with the words, " We do not presume to come to this Thy table." ACOLYTH, ACOLYTE, or ACOLYTHIST. In the Latin Church, the designation of certain ecclesiastical persons who attended on the bishop, assisted the clergy in some minor offices, and, if found competent, were admitted by ordination to the various grades of the ministry. In the Church of Rome, the office of the acolythi differed very little from that of an ordinary sexton. ACT OP SUPREMACY. An act passed in the reign of Henry YIIL, which enacted that King Henry, his heirs and successors, were the only supreme head on earth of the English Church. [See 26 Hen. VIII. caj). i.] ACTOR ECCLESI^, was the ancient forensic term for the advocate or pleading patron of a church. Ador villce, was the steward or head bailiff of a town or village. — Cowel, ADMINISTRATION. In a general ecclesiastical sense, a term implying the discharge of the duties of the ministry, but more especially applicable to the distribution of the sacred ele- ments to the recipients at Holy Communion. ADMISSION to a benefice is when the bishop upon exami- nation approves of the person presented as a fit person to serve the cure of the church to which he is presented, as institution is that act whereby hje commits to him the cure of souls. ADMITTENDO CLERICO. Upon the right of presentation to a benefice being recovered in quare hnpedit, or on assise of darrein presentment, the execution is by this writ directed not to the sheriff, but to the bishop or his metropolitan, requiring them to admit and institute the clerk of the plaintiff. If a person recover an advowson, and six months pass, yet, 8 ADMONITION— AD VOWSOK if the cliurch. be void, the patron may have a writ to the bishop ; and if the church is void when the writ comes to the bishop, the bishop is bound to admit his clerk. Where a man recovers against another than the bishop, this writ shall go to the bishop,^ and the party may have an alias and a jpluries, if the bishop do not execute the writ, and an attachment against the bishop, if need be. In a quare impedit betwixt two strangers, if there appear to the court a title for the crown, they shall award a writ unto the bishop for the crown. — T, L. D, ADMONITION. The first, and also the lightest, of eccle- siastical censures ; the warning or reproval of a clergyman by the bishop. ADMONITIONISTS. A name given to certain Puritans in Queen Elizabeth's reign, who were the authors of the " Admoni- tion to the Parliament," in which all forms and ceremonies, &c., in the Church of England, not after the fashion of Geneva, were condemned. ADVENT. A time containing about a month preceding the feast of the ISTativity (the advent or birth) of our Saviour. It begins from the Sunday that falls either upon St. Andrew's Day, being the 30th of November, or next to it, and continues to the feast of Christ's Nativity, commonly called Christmas. This is one of the seasons from the beginning of which to the end of the octave of the Epiphany the solemnising of marriages is for- bidden without special licence. — T, L. Z). ADVOCATE is the patron of a cause, assisting his client with advice, and who pleads for him. The ecclesiastical or church advocate was originally of two sorts — either an advo- cate of the causes and interest of the Church, retained as a counsellor and pleader of its rights, or an advocate or patron of the presentation or advowson. Both these offices at first belonged to the founders of churches and convents, and their heirs, who were bound to protect and defend their churches, as well as to nominate or present to them. — B, L. D. ADVOWSON is the right of presentation to a church or ecclesiastical benefice. It signifies being advocate of the church, or taking it into protection, and therefore is synonymous with patronage. He who has the right of advowson is called the patron of the church ; for when lords of manors first built churches on their own demesnes, and endowed them with glebe or other possessions, every such lord had of common right a power annexed of nominating a minister to officiate in that ADYOWSOJSr. 9 cliiirch of which he was the founder, endower, maintaincr, or, in one word, the patron. Advowsons are either appendant or in gross. Lords of manors being originally the only founders, and of course the only patrons of churches, the right of patronage or presentation, so long as it continues annexed to the possession of the manor, as some have done from the foundation of the Church to this day, is called an advowson appendant; and it will pass or be conveyed, together with the manor, as incident and appendant thereto, by a grant of the manor only, without adding any other words. But where the property of the advowson hath been once sepa- rated from the property of the manor by legal conveyance, it is called an advowson in gross, or at large, and never can be appendant any more, but is for the future annexed to the person of its owner, and not to his manor or lands. Advowsons are also either presentative, coUative, or donative. An advowson presentative is, where the patron hath a right of presentation to the bishop or ordinary, and, moreover, to demand of him to institute his clerk, if he find him canonically quali- fied. An advowson collative is where the bishop and patron are one and the same person, in which case the bishop cannot present to himself, but he doth, by the one act of collation or conferring the benefice, the whole that is done in common cases by both presentation and institution. An advowson donative is when the king, or any subject by his licence, doth found a church or chapel, and ordains that it shall be merely in the gift or disposal of the patron, subject to his visitation only, and not to that of the ordinary, and vested absolutely in the clerk by the patron's deed of donation, without presentation, institution, or induction. — B. L. D. Ey 13 Edward I. stat. i, cap. 5, remedies were provided to prevent and redress usurpations of advowsons of churches. It was provided that usurpation of churches during the nonage of patrons, the coverture of women, and the vacation of bishoprics and spiritual dignities, were not to prejudice the reversion thereof to the rightful owner. By 17 Edward II. stat. i, cap. 8, it was provided that the right of the king to present to benefices, the advowsons of which belonged to him, should not lapse after a period of six months, as in the case of other patrons, in case he did not pre- sent within that period; and by 17 Edward II. stat. i, cap. 15, it was further provided that no advowsons of churches should pass out of the king's hands Avithout special words. lO ADVOWSOK By 3 James I. cap. 5, sees. 18 & 19, it was enacted that no Popish recusant, during the time that he shall be or re- mains a recusant, should present to a benefice or grant an advowson. By 13 & 14 Charles II. cap. 25, it was enacted that all advowsons, rectories impropriate, glebe lands, and tithes should be restored to His Majesty's loyal subjects, which were taken from them by the late usurped powers. By 17 Queen Anne, cap. 18, it was prorided that no usurpation of an advowson should displace or prejudice the state of a rightful patron, but that he should be able to main- tain a quare impedit. The 3 & 4 William lY. cap. 27, sees. 30 and 34, intituled, An act for the limitation of actions and issues, &c., relating to real property," enacts that such quare impedit or other action should be brought within three incumbencies of adverse possession, or sixty years. By the 33d sec. of the same act, no advowson was recoverable after pos- sessive usurpation against the rightful owner for a period of a hundred years. The 25 Edward III. stat. 6, intituled^ "A statute of pro- visors of benefices," enacted that the king and other lords should present unto benefices of their own or ancestors' founda- tion, and not the Bishop of Eome. This act also sets forth the causes why the kings and noblemen of the realm gave lands to the bishops and other prelates, and also sets forth how the patronage to benefices was usurped and abused by the Pope of Rome, who bestowed them upon aliens not dwelling in Eng- land. It sets forth the inconvenience to the realm which did thereof ensue, and how the Pope, in conferring upon aliens archbishoprics, bishoprics, abbeys, priories, as well as all other dignities and benefices in England, reserved to himself the first fruits thereof, being one year's income in each case. It also provides that the elections of the dignities of the Church should be free as they were founded ; that patrons and founders of the dignities of the Church and their heirs were to have the collation or presentation to them when void ; and that in any case in which the Court of Rome made provision, or assumed to collate to any archbishopric, bishopric, dignity, or other benefice, in disturbance of the free elections, collations, or pre- sentations aforenamed, that such collation should be void. Persons, under the plea of provisions from Rome, who disturbed those in possession of dignities and benefices, who had been presented to them by the king or other patrons of Holy Church, ADVOWSON. were made subject to lieavy penalties, and incurred tlie penalty of premunire. Advowson. — Form of grant of a next presentation. — This indenture, made the day of , in the year of our Lord , between A. 11, of , in the county of , gentleman, of the one part, and C. D., of , in the county of , gentleman, of the other part, witnesseth, that the said A. B., for divers good causes and considerations, him the said A. B., thereunto moving, hath given and granted, and doth by these presents give and grant unto the said C. D., his executors, administrators, and assigns, the first, and donation, nomination, presentation, and free disposition of the rectory or parsonage of the church of E., in the county of F., and that it shall and may be lawful to and for the said C. D., his executors, administrators, and assigns, whensoever, howsoever, and by whatsoever means, by death, resignation, privation, cession, per- mutation, or by any other Ways or means whatsoever, the aforesaid church of E. shall first or next happen to be void, to present any one fitting, honest, and learned man thereunto ; and to do all other things which belong to the office and duty of a patron ; and to do, for the ful- filling of such first and next vacation, or avoidance only, as fully and amply as he the said A. B., in that behalf, might do if these presents had not been made. And the said A. B. doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant, promise, and grant to, and with the said C. D., his executors, administrators, and assigns, that he, the said A. B., hath ftill power and lawful authority to give, grant, and dispose of the next presentation of, and in the aforesaid rectory and church of E., to the said C. D., his executors, administrators, and assigns as aforesaid. And further, that he the said A. B., his heirs or assigns, shall and will from time to time, and at all times hereafter, at the reasonable request and costs and charf^es of him the said C. D., his executors, administrators, and assigns, make, do, and execute, or cause to be made, done, and executed, such further and other reasonable act and acts, thing and things, conveyance and assurance, in the law whatsoever, for the further, better, and more absolute giving and granting of the said next presentation of, in, and to the aforesaid rectory and church of E., unto him the said C. D., his executors, administrators, and assigns, as by him the said C. D., his executors, administrators, and assigns, or his or their counsel learned in the law, shall be reasonably devised, or advised and required. In witness whereof, the parties to these presents have liereunto interchangeably set their hands and seal, the day and year first above written." Advowson (perpetual). Form of grant of. — " This indenture, made the day of , in the year of the reign of our sovereign lord of Great Britain and Ireland, king, defender of the faith, and so forth, and in the year of our Lord , between A. B. , of , in the county of , esquire, of the one part, and C. D., of , in the county of , gentleman, of the other part, witnesseth, that the said A. B., for and in consideration of the sum of of lawful money of Great Britain, to him in hand paid at or before the sealing and delivery hereof, the receipt whereof he, the said A. B., doth hereby acknowledge, and himself there- with fully satisfied and paid, and thereof, and of every part thereof, doth liereby acquit, release, and for ever discharge the said C. D., his heirs, executors, and administrators, and every of them, by these presents : 12 ADYOWSOK And also for divers other good causes and valuable considerations him, the said A. B., thereunto moving, he, the said A. B., hath given and granted, ar.d by these presents doth fully, freely, and absolutely give and grant, unto the said C. D., his heirs and assigns for ever, all that the advowson of the rectory or parsonage of E. , in the county of , and all the estate, right, title, interest, property, claim, and demand whatsoever of him, the said A. B. , of, in, and to the said advowson, and to the dona- tion, presentation, and free disposition and rights of patronage of the said church ; to have and to hold the said advowson and premises afore- said, hereby given and granted, or meant, mentioned, or intended to be hereby given and granted, with the appurtenances, unto him the said C. D., his heirs and assigns, to, and for the sole, and only proper use, and be- hoof of the said C. D., his heirs and assigns, for ever, and to, and for no other use, intent, or purpose whatsoever. And the said A. B. hath granted, and by these presents doth grant, for himself and his heirs, that they will warrant to the said C. D. and his heirs the aforesaid advowson of the said church and premises aforesaid, and every of them, with the appurtenances, unto him the said C. D., his heirs and assigns, against him the said A. B., his heirs and assigns, and against all persons what- soever claiming, or to claim the same, or any right or title thereunto, by, from, or under him, them, or any of them. And the said A. B. doth hereby for himself, his heirs, executors, and administrators, covenant, promise, grant and agree to and with the said C. D., his heirs, executors, administrators, and assigns, and to and with every of them by these pre- sents, in manner and form following ; that is to say, that he the said A. B. is at the time of the sealing and delivery hereof, and until the execution of these presents, the true, right, and undoubted patron of the church of E., and of the rectory aforesaid ; and hath good right, full power, and lawful and absolute authority to grant and convey the same to the said C. D., his heirs and assigns, in manner and form as aforesaid : and that it shall and may be lawful to and for the said C. D., his heirs and assigns, from time to time, and at all times for ever hereafter, when- ever the said church shall or may, by the death, resignation, deprivation, cession, or change of all or any the rectors or incumbents thereof, or other- wise, happen to become vacant, to present some other honest, learned, and well-qualihed clerk to succeed in the said church as the rector or parson thereof, and to do all other acts which to the office of patron of the said rectory doth of right belong or appertain, as fully and amply as he, the said A. B., his heirs or assigns, might or could do if these presents had not been made, without any let, suit, hindrance, molestation, interrup- tion, or disturbance whatsoever, of or from him, the said A. B., his heirs or assigns, or any other claiming under him, them, or any of them : and that he the said A. B. , his heirs and assigns, and all other persons what- soever having or claiming any right or title to the said advowson under liim or them, shall and will from time to time, and at all times hereafter, upon the reasonable request, and at the proper cost and charges of the said C. D. , his heirs and assigns, in the law, make, do, levy, execute, and suffer all and every such further and other lawful and reasonable act and acts, grant and grants, conveyances and assurances, in the law what- soever, for the further, better, and more perfect and absolute granting, conveying, and assuring of the said advowson of the said church to the said C. D., his heirs and assigns, be it by grant, confirmation, fine, or recovery, or in any other manner, as by the said C. D., his lieirs and AGNUS DEI— ALBE. 13 assigns, or Lis or tlieir counsel learned in the law, shall be reasonably devised, advised, or required : all which further, and other assurance and assurances, so to be made of the said premises, shall be and enure, and shall be adjudged, deemed, and taken to be and enure, and are hereby declared to be and enure, to the sole, only, and proper use of the said C. D., his heirs and assigns for ever, and to, and for no other use, intent, or purpose whatsoever. In witness whereof the parties abovesaid to these presents have interchangeably set their hands and seals the day and year first above written." — B. E. L. AGNUS DEI was a piece of white wax in a flat oval form, like a small cake, stamped with the figure of the lamb and consecrated by the Pope. In Elizabeth's reign it was ordained that the importation of any Agnus Dei, crosses, pictures, beads, or other such-like vain and superstitious things, from the Bishop or See of Kome, or from any person or persons pretending to consecrate or hallow the same by the authority of the Pope, should incur the penalty of praemunire. [See 13 Eliz. cap. 2.] AISLE. The side subdivisions or wings in the interior of a church, generally separated from the nave by the arcade or pillars. ALBE or ALB. An ecclesiastical garment, worn next over the cassock and amice. The albe, from the Latin alha (white) is, generally speaking, a vesture of white linen^ derived from the " linen garment " or robe of the Jewish priesthood, men- tioned in Exod. xxviii. The albe may be described as a kind of contracted surplice, with an opening for the head like the modern shirt, and fastened at the throat by a button. The collar is about two or three inches wide, and to this the folds of the vestment are attached in close and fine " gathers,^^ which are sometimes " gauged " about an inch below the collar. The sleeves are large at the shoulder, and gradually diminish towards the wrists, which they closely encircle ] but sometimes they are wide and open here, and have occasionally, whether close or open, plain or ornamented cuffs of arbitrary width. The albe should reach to the ankles, leaving three or four inches of the cassock visible below it, and be confined round the waist by a girdle. The material of the albe in the Middle Ages was silk and cloth of gold ; but in later times, cambric and fine linen. Its colour was formerly either black, blue, green, purple, red, violet, or white ; now it is generally white. It was often variously embroidered with silk and gold, needlework and coloured fringes ] sometimes an ornamental orjjhrey extended round the bottom edge, the sleeve edges, and the collar; or open lace- 14 ALIEXATIOX— ALMXEE. work, with scarlet silk showing beneath ; often simple stripes of scarlet ribbon. Occasionally these orjphreys would merely pass round the neck, and down each side in front, like a scarf or stole. At other times, albes were decorated with rich quadran- gular apparells before and behind at the bottom of the robe and on the top of the cuffs ; but they are now usually "^Zam." (Laws and Usages of the Church and Clergy.) — S. E. D. ALIENATION. In Church affairs, the improper disposal of such lands and goods as have become the property of the Church. As these have been devoted to God and His service, it has been commonly held that to part with them, or divert them to any profane or common use, is an offence nearly allied to the sin of sacrilege. Exceptions, however, have been allowed, as when Church property, and even the vessels of the altar, were sold to redeem captives froni slqivery, or to feed the poor in time of famine. — S. E. D. ALIENATION IN MORTMAIN. A term which denotes the making over or conveying lands or tenements to any religious house or other corporate body. [See i & 2 Philip and Mary, cap. 8, sec. 51.] ALLEN. The creed inscribed in golden characters upon a silver shield, hung up iu a chuj^ch or oratory. — Du Cange. ALL SAINTS' DAY. A festiyal of the Church appointed to be held on the ist of ITovember. ALMNER or ALMONER (eleemosynarius). An officer of the royal household, whose business it was to distribute his sovereign's alms. The lord almoner had the disposition of the king's dish of meat, after it came from the table, which he might give to whom he pleased ; and he distributed fourpence in money, a twopenny loaf of bread, and a gallon of beer, or, instead thereof, threepence daily, at the court-gate to twenty-four poor persons of the king's parish, to each of them that allow- ance — (T. L. D.), each person first repeating the Creed and the Lord's Prayer in presence of one of the king's chaplains, deputed by the lord almoner to be his sub- almoner ; who was also to scatter new coined twopences in the towns and places through which the king passed in his progress. He had also the charge of several poor pensioners to the crown, below -stai-rs, consisting of such as had spent their youth and become superannuated in the king's service ; or the widows of such household servants as died poor, and were not able to provide for their wives and children, whom he duly paid. ALMS— ALTAEAGE. Under the lord almoner was a sub-almoner, a yeoman, and two grooms of the almonry, chosen by his lordship. — E. C. C. ALMS. Gifts and offerings for the relief of the poor. From the earliest days of the Church, it has been customary to approach the altar at the time of Communion with a gift. *^And it is very probable that at the time of receiving the sacrament, all those large donations of houses, lands, and money were made," of which we read in the Acts of the Apostles. In the Communion Ofhce of our Church, provision is made, in like manner, for almsgiving ; and sentences of Scripture, referring to this duty, are appointed to be read while the alms are being collected. These gifts are afterwards laid on the altar, and solemnly dedicated as an offering to Almighty God, to be ex- pended in the relief of the suffering members of His Church. — S. E. D. [See 13 Edw. I. stat. i, cap. 41.] ALMS-BASIN. The dish or vessel in which the alms and oblations of the people are collected at the time of the adminis- tration of the Holy Communion. ALMS-CHEST. A small box or chest fixed near the door of the church, in which persons charitably disposed may place money for the relief of the poor, &;c., in addition to gifts they may have devoted to other sacred purposes through the medium of the offertory. The 84th canon specifies that such a chest shall be provided, ALMSFEOH or ALMESFEOH (Saxon for alms-money). It has been taken for w^hat we call Peter-Pence^ first given by Ina, king of the West Saxons, and anciently paid in England on the ist of August. It was likewise called romefeoh, romescot^ and heortlipening. ALTAE (from alia, ara). An elevated table of stone, marble, or wood, variously ornamented, and usually situated at one end of the church, within the chancel, for the celebration of the Holy Eucharist. In Romish churches smaller altars are placed in various other parts of the building, for the performance of religious services in honour of the saints to whom they are respectively dedicated. The terms Holy table. Communion table, and Lord^s table are interchangeably used by the Church for the word " altar." — B. E, D. ALTAEAGE comprehended not only the offerings made upon the altar, but also all the profit which accrued to the priest by reason of the altar. Out of these, the religious assigned a por- tion to the vicar, and sometimes the whole altarage was given 1 6 ALTAR-BREAD— ALTAE-E AILS. to him by the endowment. In some places the word " altarage " hath been adjudged to extend to small tithes of divers kinds ; but this can only be where there is a special custom to sup- port it. ALTAR-BREAD. Bread prepared for the Holy Eucharist. As early as the 9th century the making of such bread was performed with a religious service. In the English Church a permission to use ordinary bread has, since the i6th century, been converted into a rule, though the ancient custom of using imleavened bread is in many cases returning into use. — S. K D. ALTAR-CARDS, (i.) A table containing certain parts of the Holy Communion Office. (2.) The square covering of linen, stiffened with card, more commonly called the pall. ALTAR-CLOTH. The covering on the altar (as appointed by the 8 2d canon), of carpet, of silk, or other decent stuff, used at the time of divine service, or the " fair linen cloth used during the celebration of the Holy Communion. ALTAR-LEDG-E. A ledge behind the altar, either above or upon it, which forms no part of the structure, and on which flowers and lights are placed. It is often wrongly called the super-altar. ALTAR-LIGHTS. Used from the very first at the celebra- tion of the Eucharist. King Edgar's canons prescribe one light to be always burning at Mass. The Eegistrum S. Osmundi prescribes always two, and on certain occasions more lights over the altar. Various constitutions of English bishops confirm this, and order two candles. The Roman Church uses four, six, or more lights at High Mass, and two at Low Mass. The custom of placing them on the altar or altar- ledge is a very late one, not introduced into France till the 17 th century, and even then not common. Whether it was done in some cases in England before the 1 6th century is doubtful ; the canon law and consti- tutions of bishops only speak of " over" the altar. — S. E. D. ALTAR-PIECE. An ornamentation of the wall or window at the rear of the altar, composed of sculpture or paintings, &c. ALTAR-RAILS, as such, and as distinguished from the chancel-screen, were not known before the Reformation. We probably owe them to Archbishop Laud, who, when the chancel and altar-screen had been broken down, and a table set up in the nave by the Puritans in the church, ordered an altar-table to be placed in the chancel and protected from rude approach by rails. — H. (7. D. ALTAK-SCEEEN"— AMBEY. 17 ALTAR-SCREEN. The back of an altar, or the partition "by which the choir is separated from the presbytery and Lady chapel. It is generally (in Europe) of stone, and composed of the richest sculpture of niches, finials, and pedestals sup- porting statues of the tutelary saints Many were destroyed at the Eeformation, or filled up with plaster and covered with wainscot. In all altar-screens, a door is placed on each side for the officiating priests, whose vestments were deposited in an apartment behind the altar-screen. — Gwilt. ALTAR- WISE. Among the subjects which drew forth various opinions at the time of the Eeformation in England, was that of the position of the altar or table of the Lord. The dispute, says Procter, was whether the table should stand altar-wise, with a side towards the eastern wall, and the priest minister at the north end ; or tatle-wise, with an end towards the east, and the priest at its north side. Custom, however, has long since decided the interpretation of the original rubric, and showed the intention of the Church, viz., "that the table is to stand altar-wise, at the east end of the church [when the church is properly built, with the chancel in the east] ; and there- fore the priest now ministers at the north end of the table looking towards the south." — Procter on the Common Prayer. ALTARE PORTATILE. A movable altar, so constructed as to be easily carried from place to place. Alt aria jportatilia, says Hart, were consecrated slahs of stone, with relics enclosed, for the celebration of the viaticum mass in a sick-chamber. One described by Du Cange was of marble, inlaid with gold, silver, and gems, and about a foot square. It was also called Altar e gestatorium, or viaticum, and was laid upon an ordinary table near the dying man's bed. — S. E, D, ALTAR VESSELS. These were at first made of glass and wood, which were forbidden about the 7 th or 8th century. In England they were often used nevertheless. In the middle ages latten, being costly, was the ordinary metal for chalice and paten. Silver and gold are the ordinary material now in use. AMBO. A kind of raised platform, pulpit, or reading-desk, from which in the ancient Church the Gospel and Epistle were read, and sermons sometimes preached. AMBRY, AUMBRY, AUBRE, ALMERY. In churches the ambry is a niche or cupboard by the side of an altar, to contain the utensils belonging thereunto, and is either a hollow space in the thickness of the wall, with a door to it, or was wholly framed with wood. — Gloss, of Archit, B 1 8 AMBULATOKY— ANGLO-CATHOLIC. AMBULATORY, i. A covered gallery or place in a monas» tery for walking in, e.g.^ cloisters. 2. A place for processions, wliich led behind the high altar round a church. AMICE or AMYTTE (Lat. amicio, amidus^ to clothe). An oblong square of fine linen, used as a vestment in the ancient Church by the priest. At first introduced to cover the shoulders and neck, it afterwards received the addition of a hood to cover the head until the priest came before the altar, when the hood was thrown back. — Hook, Thus passed the night so foul, till morning fair Came forth with pilgrim steps in amice grey." — Milton". AMICTTJS (aZ&a, cingulum^ stola, manipulus et jplaneta). These were the six garments of priests. ANABATA was a cope or sacerdotal vestment to cover the back and shoulders of the priest. — B, E. L, ANABAPTISTS. Those who regard the baptism of infants as invalid, and rebaptize as adults those who have been baptized in infancy. The word may be taken in modern days as synony- mous with Baptist. ANCIENT CANONS. The laws and rules concerning order and discipline enacted by the bishops in the early ages of the Church, ANDREW'S (ST.) DAY. A festival of the Church com- memorative of St. Andrew, a disciple of John the Baptist and of our Saviour. ANGELICA VESTIS. A monkish garment whichi laymen put on a little before their deaths that they might have the benefit of the prayers of the monks. It was from them called angelicus, because they were called angeli, who by their prayers animce saluti succurrebant. And the word succurrendum, in our old books, is understood of one who had put on the habit and was near death. — T. L. D. ANGLICAN. Pertaining to the English Church. An epithet applied to that portion of the Catholic Church which has existed in England since the introduction of the Christian faith. It belongs also, but less correctly, to those Churches elsewhere which generally accept and use the doctrine, discipline, and worship of the English Church. — S. E. D, ANGLO-CATHOLIC. A synonym of Anglican. This word is less usual than Anglican, but more significant, as it attributes both an universal and particular quality. It is often used as a substantive, as Roman Catholic is used. Every Church has its A:t^NALISTS— ANNATES. 19 distinctive features, whence these prefixes to the larger term Catholic. ANNALISTS. In all the great abbeys there were persons appointed to take notice of the principal occurrences of the kingdom, and at the end of every year to digest them into annals. In these records they particularly preserved the memories of their founders and benefactors, the years and days of their birth and death, their marriages, children, and successors, so- that recourse was sometimes had to them for proving persons' ages and genealogies, though it is to be feared that some of those pedigrees were drawn up from tradition only, and that in most of their accounts they were favourable to their friends and severe upon their enemies. The canons also, and constitutions of the clergy in their national and provincial synods, and even acts of parliament, were sent to the abbeys to be recorded. — B, E. L. ANNALS were masses said in the Eomish Church for the space of a year, or for any other time, either for the soul of a person deceased or for the benefit of a person living, or for both.— ^. L. ANNATES, ANNATA, in ecclesiastical writers, denotes a year's income, due anciently to the Pope upon the death of any bishop, abbot, or parish priest, to be paid by his successor. Annates are so called from the Latin annus ^ year, because their rate is after the value of one year's purchase. Annates are the same with what of latter days are called primitice, or first-fruits, with this difference, that first-fruits are paid to the king. The first Pope that imposed annates in England seems to have been Clement Y., who, according to Matthew of Westminster, exacted annates of all the vacant benefices in the kingdom for the space of two years, or, according to Walsingham, for three years. It is certain, at least, that from the 12 th cen- tury there were bishops and abbots who, by some peculiar custom or privilege, took annates of the benefices depending on their diocese or abbey. Matthew Paris, in his History of Eng- land for the year 746, relates that the Archbishop of Canter- bury, in virtue of a grant or concession of the Pope, received annates of all the benefices that became vacant in England. But in after times the Holy See thought fit to take them away from the bishops and archbishops and appropriate them to them- selves. And from the popes the parliament under Henry YIII. - took them and gave them to the crown. Queen Anne restored them to the Church, by appropriating them to the augmentation 20 ANNIVERSARY DAYS— ANTIPHON. of poor livings; hence the origin of Queen Anne's Bounty. — • E. C. 0. [See 25 Hen. VIII. cap. 20 ; i & 2 Philip and Mary, cap. 8, sec. 11; 23 Hen. VIII. cap. 20, sees. 2 & 3 ; 25 Hen. VIII. cap. 20, sees. 3 & 7.] ANNIVERSARY DAYS. Solemn days appointed to be celebrated yearly in commemoration of the death or martyrdom of saints ; or the days whereon, at the return of every year, men were wont to pray for the souls of their deceased friends. This was in use among our ancient Saxons. The anniversary, or yearly return of the day of the death of any person, which the religious registered in their obitual or martyrology, and annually observed in gratitude to their founders and benefac- tors, was by our forefathers called a year-day and a mind-day, i.e., a memorial day. — T. L. D. [See i Edw. VI. cap. 14; 12 Chas. 11. cap. 30 ; 13 Chas. II. stat. i, cap. 7.] ANNUA PENSIONE. An ancient writ for providing the king's chaplain unpreferred with a pension. It was brought where the king had due to him an annual pension from an abbot or prior, for any of his chaplains whom he should nominate (being unprovided of livings), to demand the same of such abbot or prior. — T. L. D. ANNUALE, ANNUALIA. A yearly stipend, anciently assigned to a priest for celebrating an anniversary, or for saying continued masses one year for the soul of a deceased person. ANNULUS ET BACULUM. A ring and pastoral staff or crosier, the delivery of which by the prince was the ancient mode of granting investitures to bishoprics. ANNUNCIATION OF THE VIRaiN MARY. A festival of the Church appointed to be held on March 25. ANTE-COMMUNION. That portion of the Holy Communion Service which precedes the celebration and the administration. ANTEPENDIUM. The frontal of an altar. ANTHEM. The variable antiphon after the third Collect at morning and evening service. ANTIPHON. This word, as now commonly used, has lost much of its original sense, being employed simply to denote alternate singing by two choirs, or by a single voice on one side and the choir or congregation on the other. In the ancient offices of the Church, while this sense is included, yet the term antiphon is properly and strictly the designation of a certain verse, versicle, sentence, or fragment, interposed between the regular verses of a Psalm, and repeated at intervals during the ANTIPHONAEIUM— APOSTLE SPOOXS. 2 1 progress of the Psalm, as if to give emphasis to its sentiments, and also to suggest an evangelical illustration or mystical api)Ii- cation of the words, by the juxtaposition of a few luminous thoughts, which come in as a kind of burden to the song. At the Eeformation, the use of antiphons was discontinued in the Church of England, while what is called antiphonal sing- ing (the alternate singing of two choirs) was retained, in accord- ance with early usage. It has been supposed by some that the provision made for an anthem in the English Service, after the Third Collect in Morning and Evening Prayer, was designed as a relief to the baldness which seemed to arise from the absence of the old antiphons. The term anthem" is commonly under- stood to be derived from "antiphon;" and the early anthems may thus be considered as forming, if not properly substitutes, yet in some measure compensations, for the more ancient eccle- siastical antiphons. — S. E. D. ANTIPHONARIUM. Originally and properly the Book of Antiphons ; but subsequently other portions of the Divine Office were gradually added to the book, so that it contained not only the antiphons, but also invitatories, responses, hymns, &c. Sometimes it was called Responsorium or Responsoriale. Occasionally it contained only the antiphons which belonged to the Office of the Holy Communion ; but this was more generally called the Gradual. — Parish Choir, APPARATOR or APPARITOR. A messenger that served the process of the spiritual court. His duty was to cite the offenders to appear, to arrest them, and to execute the sentence or decree of the judges, &c. If a monition had been awarded to an apparitor to summon a man, and he, upon the return of the monition, averred that he had summoned him, when in truth he had not, and the defendant be thereupon excommunicated, an action on the case at common law was to lie against the apparitor for the falsehood committed by him in his office, besides the punishment inflicted on him by the ecclesiastical court for such breach of trust. — T. L, D. [See 21 Hen. YIII. cap. 5.] APOSTLE SPOONS. In England, if not elsewhere, the sponsor presented to his godchild, at baptism, one, two, or more spoons, according to his means. These were called " Apostle spoons." "These spoons," says Hart, "of which I have seen a great many, were so called because the handle of each was wrought into the effigy of an Apostle, and there w^ere thirteen in a complete set. Sometimes they were of the precious metals, 2 2 APOSTOLICAL SUCCESSION— APPEALS. and sometimes of latten or brass. "Whether this practice extended beyond England, or whether it was earlier than the i6th cen- tury, I have no means of ascertaining." APOSTOLICAL SUCCESSION. The unbroken succession or line of bishops from the days of the Apostles down to the present time. APOSTOLICAL CONSTITUTIONS AND CANONS. Two collections of ecclesiastical rules and formularies. APPAREL OF THE CLERGY. Clerks of the income of ;£ioo a year were permitted to wear fur. Spiritual men were allowed to use four broads of cloth in their long gowns, and three yards in their riding gowns or coats. Bishops, abbots, and priors, being lords of Parliament, were authorised to wear foreign stuffs ; archdeacons, provosts, masters, and wardens of cathedral and collegiate churches, prebendaries, doctors, or bachelors in divinity, and doctors of the law, might wear sarcanet in the lining of their gowns, and black satin and black camelet in their doublets and sleeveless coats, as well as black velvet, or black sarcanet, or black camelet in their tippets or riding-hoods, with cloth of the colour of scarlet or violet in their gowns. The rest of the clergy were forbidden to wear furs, or sarcanet, or silk in their tippets. Whoever in these respects offended was to be imprisoned for three months and forfeit ^lo, except mayors and aldermen. [See ii Edw. III. cap. 4; I Hen. YIII. cap. 14; 6 Hen. YIII. cap. i; 7 Hen. YIII. cap. 6, sec. 15 ; 24 Hen. YIII. cap. 13, sec. 15 ; i & 2 Philip and Mary, cap. 2. By i James I. cap. 25, sees. 45 & 47, all statutes concerning apparel were abolished.] APPEALS TO THE SEE OF ROME. All appeals to the See of Rome were restrained by 24 Henry YIII. cap. i, and by 25 Henry YIII. cap. 19, appeals in causes matrimo- nial, testamentary, with respect to right of tithes, oblations, and obventions, were shown to be vexatious and forbidden. Whoever presented appeals to the See of Rome was made liable to the forfeiture of premunire. All appeals from arch- deacons were to be to bishops within the realm, and from bishops to archbishops. Appeals were to commence within fifteen days after judgment. The prerogative of the Archbishop and Church of Canterbury in all causes of appeal to him was to remain likewise as it had been accustomed and used heretofore. In all causes touching the king, appeals were to be to the prelates, abbots, and priors in the upper house of Convocation, to commence within fifteen days. Appeals from the archbishop's APPENDA:^T— APPEOPEIATIOE. 23 court were to be made to the Court of Chancery, and his l^Iajesty in Chancery was to appoint a commission. Appeals from abbots, priors, or other heads of monasteries exempt, which used to be to Kome, were to be made in Chancery. Philip and Mary restored the right of appeals by the provisions of the ist and 2nd of their reign, cap. 8. All right of appeal to Eome was finally abrogated by the i Elizabeth, cap. i, intituled An act to restore to the crown the ancient jurisdic- tion over the estates ecclesiastical and spiritual, and abolishing all foreign power repugnant to the same." APPENDANT is a thing of inheritance belonging to another that is more worthy ; as an advowson may be appendant to a manor, land appendant to an office, a seat in a church appendant to a house. — B. L. D. APPROPRIATION is the annexing of a benefice to the proper and perpetual use of some religious house, bishopric, college, or spiritual person, to enjoy for ever. — B. L. D. Appropriation seems to have sprung from the policy of the monastic orders. At the first establishment of parochial clergy the tithes of the parish are said to have been distributed in four parts — one for the bishop, one to maintain the fabric of the church, a third for the poor, and the fourth for the incumbent. The sees of the bishops becoming amply endowed, their shares sunk into the others ; and the monasteries inferring that a small part was enough for the officiating priests, appropriated as many benefices as they could by any means obtain, to their own use, undertaking to keep the church in repair and to have it con- stantly served. But in order to complete such appropriation eff'ectually, the king's licence and consent of the bishop must first be obtained, because they might both, some time or other, have an interest by lapse in the benefice, if it were not in the hands of a corporation, which never dies. The consent of the patron is also necessarily implied, because the appropriation could originally be made to none but to such spiritual corpora- tion as is also the patron of the church, the whole being indeed nothing else but an allowance for the patron to retain the tithes and glebe in their own hands without presenting any clerk. At the dissolution of the monasteries in Henry YIII.'s reign, the appropriations belonging to those religious houses (being more than one-third of all the parishes in England) would at common law have been disappropriated, had not a clause been inserted in those statutes to give them to the king, in the same 24 APPEOPEIATIOK manner as the alien priories had before been given ; and from hence have sprung all the lay impropriations or secular parson- ages in the kingdom, they having been afterwards granted out from time to time by the crown. The ancient appropriating corporations or religious houses were wont to depute one of their own body to perform divine service and administer the sacraments in those parishes of which the society thus became the parson. This officiating minister was in reality no more than a curate, deputy, or vice- gerent of the appropriator, and therefore called vicarius or vicar. His stipend was at the discretion of the appropriator, who was, however, bound of common right to find somebody. But this was done in so scandalous a manner, and the parishes suffered so much by the neglect of the appropriators, that the legislature was forced to interpose ; and accordingly it was enacted in the reign of Eichard II., that in all appropriations of churches the diocesan bishop shall ordain (in proportion to the value of the church) a competent sum to be distributed among the poor parishioners annually, and that the vicarage shall be sufficiently endowed. It seems the parishes were frequently sufferers, not only by the want of divine service, but also by withholding those alms for which, among other purposes, the payment of tithes was originally imposed ; and therefore in this act a pen- sion is directed to be distributed among the poor parochians, as well as a sufficient stipend to the vicar. But he, being liable to be removed at the pleasure of the appropriator, was not likely to insist too rigidly on the legal sufficiency of the stipend ; and, therefore, in the reign of Henry lY. it was ordained that the vicar shall be a secular person, not a member of any religious house ; that he shall be vicar perpetual, not removalDle at the caprice of the monastery; and that he shall be canonically instituted and inducted, and be sufficiently endowed, at the discretion of the ordinary, for these three express purposes — to do divine service, to inform the people, and to keep hospitality. From this statute we may date the origin of the present vicarages, for before this time the vicar was nothing more than a temporary curate ; and when the church was appro- priated to a monastery, he was generally one of their own body, that is, one of the regular clergy ; for the monks, who lived secundum regulas of their respective houses or societies, were denominated regular clergy, in contradistinction to the parochial clergy, who performed their ministry in the world, in secula, and who from thence were called secular clergy. — T. L, D, [See ArPUETENANCES— AECIIBISIIOP. 27 Hen. YIII. cap. 28; 31 Hen. VIII. cap. 13; 15 Eicli. IL cap. 6; 4 Hen. IV. cap. 12.] APPURTENANCES. The complementary vestments to the chasuble, viz., amice, alb, girdle, maniple, and stole. ■ APRON. Part of the dress of an English bishop. APSE, APSIS, or ABSIS (Gr. signifying an arch). A term applied to a semicircular or polygonal termination of the choir chancel], or other portion of a church. In ancient churches }he apse was usually domed over, and it consisted of two parts, the altar and the presbytery or sanctuary. At the middle of the semicircle was the throne of the bishop, and at the centre of the diameter was placed the altar, towards the nave, from which it was separated by an open balustrade or railing. — Givilt, AQUILA. A reading-desk, in the form of an eagle. ARCHBISHOP. An archbishop is the chief bishop of the province, who next, and immediately under the sovereign, has supreme power, authority, and jurisdiction in all things and causes ecclesiastical. If we consider Canterbury as the seat of the metropolitan, it hath under it twenty-two bishops ; but if we consider it as the seat of a diocesan, it comprehends only some part of Kent (the residue being in the diocese of Eochester), together with some other parishes dispersedly situate in several dioceses ; it being an ancient privilege of this see that the places where the archbishop hath any manors or advowsons are thereby exempted from the ordinary, and are become peculiars of the diocese of Canterbury, properly belonging to the jurisdic- tion of the Archbishop of Canterbury. The Archbishop of Canterbury has the privilege, by custom, to crown the kings and queens of this kingdom. And he has power of granting dispensations, w^here the Pope used formerly to grant them, which is the foundation of his granting special licences to marry at any place or time, to hold two livings, and the like. The Archbishop of Canterbury is styled primate and metropolitan of all England, albeit there is another archiepisco- pal province within this realm ; partly because of his ancient legatine power, and partly by his being enabled by the aforesaid statute to grant faculties and dispensations in both the provinces alike. At general councils abroad, the Archbishop of Canterbury had the precedency of all other archbishops. At home he is the first peer of the realm, and hath prece- dency, not only before all the other clergy, but also (next and 26 AECHBISHOPS— AECHDEACOK immediately after the blood-royal) before all the nobility of the realm, and all the great officers of state. The Archbishop of York hath under him five bishops, namely, those of Chester, Durham, Carlisle, Liverpool (lately created a bishopric), and Man ; all the rest are under the Archbishop of Canterbury. But the Archbishop of York anciently claimed and had a metropolitan jurisdiction over all the bishops of Scotland, whence they had their consecration, and to which they swore canonical obedience, until about the year 1466, when the bishops of Scotland withdrew themselves from their obedience to this see; and in 1470 Pope Sixtus the Fourth created the Bishop of St. Andrews archbishop and metropolitan of all Scotland. The Archbishop of York has the privilege to crown the queen- consort and to be her perpetual chaplain, and hath precedency of all dukes not being of the blood-royal, and also before all the great officers of state except the Lord Chancellor. The archbishops are said to be inthi'oned when they are vested in the archbishopric, whereas bishops are said to be installed. They may retain and qualify eight chaplains, whereas a bishop can only qualify six. In speaking and writing to an archbishop is given the title of grace and most reverend father in God, whereas bishops have the title of lord and right reverend father in God, And an archbishop writes himself hy divine providence, whereas bishops otAj m^q divine permission, — B, L, D, [See Hen. YIIL cap. 21; 24 Hen. YIIL cap. 12. sees. 6, 7, & 8 ; 21 Hen. YIIL cap. 13, sees. 104, 108, 109, iii.] [See Can- terbury.] ARCHBISHOPS AND BISHOPS, POWERS OF. By virtue of the provisions of i and 2 Yict. cap. 106, sees. 107 & 108, all powers which by statute relate to bishops in their dioceses apply to archbishops within their dioceses, and also within their peculiars. ARCHDEACON, the chief of the deacons, is one that hath ecclesiastical dignity and jurisdiction over the clergy and laity, next after the bishop, throughout the diocese, or in some part of it only. Generally, the archdeacon hath power, under the bishop, of the examination of clerks to be ordained, and also of induction of clerks instituted to a benefice ; likewise of excom- munication, injunction of penance, suspension, correction, in- specting and reforming abuses in ecclesiastical affairs; but his AECIIDEACOK 27 power is different in different dioceses, and therefore lie is to he regulated according to the usage and custom of his own church and diocese. — B. L, D. In ancient times archdeacons were employed in collecting and distributing alms and offerings ; but at length, by a personal attendance on the bishops, and a delegation to examine and report some causes, and commissions to visit the remoter parts of the dioceses, they became, as it were, overseers of the Church, and by degrees advanced into considerable dignity and power. Lanfranc, Archbishop of Canterbury, was the first prelate in England who instituted an archdeacon in his diocese, which was about the year 1075. And an archdeacon is now allowed to be an ordinary, as he hath a part of the episcopal power lodged with him. He visits his jurisdiction once every year ; and he hath a court, where he may inflict penance, suspend or excom- municate persons, prove wills, grant administrations, and hear causes ecclesiastical, &c., subject to appeal to the bishop of the diocese. It is one part of the office of an archdeacon to examine candidates for holy orders, and to induct clerks within his juris- diction, upon receipt of the bishop's mandate. Archdeaconries are commonly in the gift of bishops, who confer the same by collation ; but if an archdeaconry be in the gift of a layman, the patron doth present to the bishop, who institutes in like manner as to another benefice, and then the dean and chapter do induct him ; that is, after some ceremonies place him in a stall in the cathedral church to which he be- longeth, whereby he is said to have a place in the choir. Archdeacons are to read the Common Prayer and declare their assent thereunto, as other persons admitted to ecclesias- tical benefices, and also must subscribe the same before the ordinary ; but they are not obliged to subscribe and read the Thirty-Nine Articles ; for although an archdeaconry be a benefice with cure, yet it is not such a benefice with cure as seems to be intended by that statute, which relates only to such benefices with cure as have particular churches belonging to them. The judge of the archdeacon's court (where he doth preside himself) is called the official. Where the archdeacon hath a peculiar jurisdiction he is totally exempt from the power of the bishop, and the bishop cannot enter there and hold court ; and in such case, if the party who lives wiuhin the peculiar be sued in. the bishop's court, a prohi- bition shall be granted ; but if the archdeacon hath not a pecu- liar, then the bishop and he have a concurrent jurisdiction, and 28 AECHDEACONRY— AECHES COUET. the party may commence his suit either in the archdeacon's court or tlie bishop's, and he hath election to choose which he pleaseth. And if he commence in the bishop's court, no prohibition shall be granted ; for if it should, it would con- fine the bishop's court to determine nothing but appeals, and render it incapable of having any causes originally commenced there. • An archdeacon is a ministerial officer, and cannot refuse a churchwarden elected by the parish. — T. L, D. [See 24 Hen. YIII. cap. 12 ; 13 & 14 Car. II. cap. 4; i & 2 Vict. cap. 106, 8ec. 2 ; 3 & 4 Yict. cap. 86, sec. 1 1 ; 3 & 4 Yict. cap. 113, sec. 27.] ARCHDEACONRY. An archdeaconry is not to be accounted a benefice with cure. An archdeacon may hold two benefices together with his archdeaconry. All archdeacons throughout England and Wales have full and equal jurisdiction. All appeals from archdeacons to be to bishops. l!^ew archdeaconries may be formed, and the limits of existing archdeaconries and rural deaneries may be newly arranged, and provision may be made for new archdeaconries. Archdeaconries may be endowed with benefices, and benefices may be disannexed from one arch- deaconry and annexed to another. [See 21 Hen. YIII. cap. 13, sec. 31 ; 4 & S Yict. cap. 39, sees. 10 & 11 ; 6 & 7 Will. lY. cap. 77, sees. 19, 32, 34, 35.' ARCHED BUTTRESS. (Fr. arch-houtant.) Anarch-formed buttress, much employed in sacred edifices built in the Pointed style, as also in other edifices, and commonly called a flying buttress, whose object is to counteract the thrust of the main vault of the edifice. — Gwilt. ARCHES COURT is so called because it was anciently held in the Church of St. Mary-le-Bow, which church had that appellation from the steeple thereof being raised at the top with stone pillars in the manner of an arch or bow. And the judge thereof, for the like reason, is called the Dean of the Arches, whose jurisdiction is properly over the thirteen parishes only belonging to the Archbishop of Canterbury in London ; but the office of Dean of the Arches having been for a long time united with that of the archbishop's principal official, he now, in right of this last-mentioned office, receives and determines appeals from the sentences of all inferior ecclesiastical courts within the province. The same person is likewise judge of the peculiars, that is, of all those parishes, fifty-seven in number, which, though lying in other dioceses, yet are no w^ay subject to the bishop or archdeacon, but to the archbishop. — B, L, D. AKClilVUS— AETICLES OF BELIEF. ARCHIVUS. The register of bisliops' ordinations, usually ke23t in the primate's church. ARCH-PRIEST, ARCHIPRESBYTER. A priest or presby- ter established in some dioceses with a pre-eminence over the rest. Anciently, the arch-priest was the first person after the bishop ; he was seated in the church next after the bishop ; and even acted as his vicar in his absence as to all spiritual concerns. In the 6th century there were found several arch- priests in the same diocese, from which time some will have them to have been called deans. In the 9th century they distinguished two kinds of cures or parishes ; the smaller governed by simple priests, and the bap- tismal churches by arch-priests, who, beside the immediate con- cern of the cure, had the inspection of the other inferior priests, and gave an account of them to the bishop, who governed the chief or cathedral church in person. There are arch-presbyters still subsisting in the Greek Church, vested with most of the functions and privileges of chorepiscopi, or rural deans. — E. C. C. ARGUS ECCLESI-ffi. The chancel arch. This w^as much used in church architecture of the Middle Ages. It separates the chancel from the nave of the church. ARMS. Armorial bearings, whether borne by individuals or by corporate bodies and corporations sole, among which are reckoned bishops, colleges, and other ecclesiastical persons and bodies. Many of the arms of bishoprics contain allusions to the spiritual character of the person who bears them. Thus the Archbishop of Canterbury bears a pall, in right of his see, as did the Archbishop of York till his arms were changed, about the beginning of the i6th century, to two keys crossed saltier- wise, and a crown royal in chief. Arms were not in use till about the reign of King Richard I., who brought them from the crusade in the Holy Land, where they were first invented, and painted on the shields of the knights, to distinguish the variety of persons of every Christian nation who resorted thither, and who could not, when clad in complete steel, be otherwise known or ascertained. — B. L. D. I ARTICLES OF BELIEF. Those things which must be believed without any doubt — such as the truths embraced in the Creeds. " Rehearse the articles of thy belief." These comprise the chief points of the Christian faith, and they 30 AETICLES OF EELIGIOX - ought thoroughly to be received and believed, for they may be proved by most certain warrants of Holy Scripture.'^ — S, K D. ARTICLES OF RELIGION. Articles of religion, commonly called the Thirty-Nine Articles, are a body of articles drawn up by the Convocation in 1562, unto which persons admitted into ecclesiastical offices are to subscribe. — B. L. D. [See 31 Hen. YIII. cap. 14 ; 32 Hen. YIII. cap. 26; 13 Eliz. cap. 12 ; 13 & ^ 14 Chas. 11. cap. 4, sec. 19.] Under the provisions of 31 Henry YIII. cap. 14, entitled An act for abolishing of diversity of opinion in certain articles concerning Christian religion," it was set forth, "After long, great, and deliberate and advised disputation and consultation concerning the said articles, as well as by the consent of the king's highness as by the assent of the lords spiritual and tem- poral, and other learned men of their clergy in their convoca- tions, and by the consent of the Commons in this present par- liament assembled, it was and is finally resolved, accorded, and agreed in manner and form following, that is to say — " Sacrament, — First, That in the most Blessed Sacrament of the Altar, by the strength and efficacy of Christ's mighty Word (it being spoken by the priest), is present really under the form of bread and wine the natural body and blood of our Saviour Jesus Christ, conceived of the Yirgin Mary ; and that after the consecration there remaineth no substance but the substance of Christ, God and man. Communion. — Secondly, That the Communion in both kinds is not necessary ad salutem by the law of God to all per- sons, and that it is to be believed and not doubted of, but that in the fleshy under the form of bread, is the very blood, and with the blood, under form of wine, is the very flesh, as well apart as though they were both together. " Marriage. — Thirdly, That priests, after the order of priest- hood received as afore, may not marry by the law of God. " Vows. — Fourthly, That vows of chastity, widowhood, by man or woman, made to God advisedly, ought to be observed by the law of God ; and that it exempteth them from other liberties of Christian people, which without that they might enjoy. u Pfii;)ate Masses. — Fifthly, That this is meet and necessary, that private masses be continued and admitted in it, the king's English Church and congregation, as whereby good Christian people, ordering themselves accordingly, do receive both godly ARTICLES OF INQUIRY— ASH WEDNESDAY. 31 and goodly consolations and benefit ; and it is agreeable also to God's law. " Auricular Confession. — Sixthly, That auricular confession is expedient and necessary to be retained and continued, used, and frequented in the Church of God." By virtue of i Edward YI. cap. 12, sees, i & 3, the afore- said six articles of religion were repealed. By 13 Elizabeth, cap. 12, the subscription to the Thirty-Nine Articles was en- joined on all ecclesiastical persons, to be made at the time of reading the morning and evening prayer, under the penalty of deprivation in case of omission, and any ecclesiastical persons maintaining doctrines contrary to them were to be deprived. [See also 25 Hen. YIII. cap. 21, sec. 19 ; and 13 & 14 Chas. II. cap. 4, sec. 17.] ARTICLES OF INQUIRY. Yarious questions sent out by bishops and archdeacons before their visitation. [See Canon 119.] ARTICULI CLERI {Articles of the Clergy) are statutes con- taining certain articles relating to the Church and clergy, and causes ecclesiastical. — T, L. D. [See 9 Edw. II. stat. i.] ASCENSION-DAY. The festival of the Ascension, though in modern times much neglected in comparison with the other great festivals of the Church, was evidently intended by the f ramers of the Prayer-Book to be celebrated with special honour. It has assigned to it Proper Psalms, Proper Lessons, a special Collect, Epistle, and Gospel, and a Proper Preface. St. Augus- tine speaks of it as universally observed in the Church, and argues that it must either have been instituted by the Apostles themselves or by church councils. He says : " For those things which are received and observed over all the world, not as written in Scripture, but as handed down to us by tradition, , we conceive to be instituted by the Apostles themselves or some : numerous councils whose authority is of very great use in the I Church. Such are the anniversary solemnities of our Saviour's passion and resurrection and ascension into heaven, and the coming of the Holy Ghost from heaven." — Evan Daniel, \ ASH WEDNESDAY. The first day of Lent was formerly called Caput Jejunii^ i.e,^ the head or beginning of the fast, and I sometimes Dies Cinerum^ the Day of Ashes. The latter 'name is said to have originated in a custom which used to be I observed on this day in the primitive Church, and which is thus I described by Gratian : — " On the first day of Lent the penitents i were to present themselves before the bishop, clothed with sack- Icloth, with naked feet, and with eyes turned to the ground; and ii 32 ASSEMBLY OF DIYHSTES— AUDIENCE COURT. this was to be done in the presence of the clergy of the diocese, who were to judge of the sincerity of their repentance. These introduced them into the church, where the bishop, in tears, and the rest of the clergy, repeated the seven penitential psalms. Then, rising from prayers, they threw ashes upon them, and covered their heads with sackcloth ; and then, with mournful sighs, declared to them that as Adam was thrown out of Para- dise, so they must be thrown out of the Church. Then the bishop commanded the officers to turn them out of the church doors ; and all the clergy followed after, repeating that curse upon Adam, In the sweat of thy brow shalt thou eat thy bread. The like penance was inflicted upon them the next time the Sacrament was administered, which was the Sunday following." The Commination Service was intended as a provisional sub- stitute for the " godly discipline to which notorious offenders w^ere formerly subjected on Ash Wednesday. — Evan Daniel, ASSEMBLY OF DIVINES. An assembly consisting of 121 divines and 30 laymen, which met at "Westminster in 1643, being convoked by an ordinance of the Lords and Commons for the purpose of considering and settling various Church matters. ASSOCIATE EEOTOR. A clergyman who holds with another the joint pastoral charge of a church or parish. ASSOILE. To deliver from excommunication ; to acquit or absolve. ASYLUM (synonymous with sanctuary). The security which the precincts of churches afforded to criminals from the penalty of their crimes. At first the altar was the chief asylum, but afterwards the privilege was extended, not only to the body of the church, but to its whole precincts. [See Sanctuary.] ATRIUM ECCLESI-ffl. In past times this was an open space in front of a church ; the name was sometimes applied to the churchyard. AUDIENCE COURT is a court of the Archbishop of Canter- bury, wherein at first were despatched all such matters, whether of voluntary or contentious jurisdiction, as the archbishop thought fit to reserve for his own hearing. They who prepared evidence I and other materials to lay before the archbishop in order to his decision were called auditors. Afterwards this court was removed from the archbishop's palace, and the jurisdiction of it was exercised by the master or official of the audience, who held his court in the consistory place at St. Paul's. But now the three great offices of official principal of the archbishop, dean or AUDITOEES— AUGMENTATION. 33 judge of the peculiars, and official of the audience, are and have been for a long time past united in one person, under the general name of Dean of the Arches, who keeps his court in Doctors' Commons Hall. The Archbishop of York hath in like manner his court of audience. — B. L. D. AUDITORES. The catechumens, or those who are newly instructed in the mysteries of the Christian religion before they were admitted to baptism ; and auditorium was that place in the church where they stood to hear and be instructed, now called the nave of the church ; and in the primitive times the Church was so strict in keeping the people together in that place, that the person who went from thence in sermon time was excommunicated. — Blount. AUGMENTATION, COURT OP. The name of a court erected by King Henry YIII. for determining suits and con- troversies relating to monasteries and abbey lands, the intent of which court was, that the king might be justly dealt with touching the profits of such religious houses as were given to him by act of parliament. It took its name from the augmenta- tion of the revenues of the crown by the suppression of religious houses. And the offence of augmentation, which hath many curious records, remains to this day, though the court hath long since been dissolved. — B. L, D. [See 37 Hen. YIII. cap. 4, sees. 9 & 10.] AUGMENTATION OF POOR LIVINGS. By 2 & 3 Philip and Mary, cap. 4, sees. 10 & 11, entitled "An act for the institution of first-fruits, and touching the order of spiritual and ecclesiastical promotion of all tenths, and of rectories and parsonages remaining in the Queen's Majesty's hands," it was enacted that the Lord Cardinal should appoint a certain number of clergy to receive all tenths and profits of appropriation, who should be authorised to pay certain prescribed pensions to the religious charged upon the crown ; and it was further enacted that the sums paid should be such as the Lord Legate should judge expedient for the augmentation of livings, finding the preachers and exhibition of scholars, with certain reservation of vested rights to others than the several Lords, the Queen's Majesty, and heirs and successors of the Queen. Further, by 29 Charles II. cap. 8, entitled ''An act for confirming and perpetuating augmentations made by ecclesiastical persons to small vicarages," it was enacted that all augmentations made by bishops, deans, and chapters, and other ecclesiastical persons, to small vicarages and curacies should be confirmed and perpetuated. 0 34 AUGMENTATION OF POOK LIVINGS. There was a provision that the a-agmentation was not to exceed - one moiety of the clear yearly value of the property out of which it was taken ; but that restriction was repealed by i & 2 William lY. cap. 45, and under the provisions of the same Act increased facilities for augmentations to poor benefices were provided. But the greatest augmentation to poor benefices was made by Queen Anne by virtue of an act passed in the second and third year of her reign, cap. 11, entitled "An act for making more effectual her Majesty's gracious intentions for the augmen- tation of the maintenance of poor clergy, by enabling her Majesty to grant in perpetuity the revenues and first-fruits or tenths, and also for enabling other persons to make grants for the same purpose." Under the powers of this act the Queen was enabled to form a body politic and corporate, to be called the Governors of Queen Anne's Bounty, with the common seal, to apply and dispose of all augmentation funds placed in trust at their disposal. There were made over to them the first-fruits and tenths of all benefices which were at the time of the passing of the act in the Queen's possession. And further, private persons were enabled to vest in the said corporation lands, tenements, or goods, for the purpose of augmenting poor livings. Ecclesi- astical benefices not exceeding ^50 per annum were discharged from the payment of first-fruits for ever. Bishops, before the 25th March 1708, were to certify to the Exchequer the clear yearly value of small benefices with cure of souls within their dioceses. Benefices with cure of souls, the tenth whereof had been granted away by any of her Majesty's predecessors to any persons, bodies politic or corporate, in perpetuity, before the said 3d of November in her Majesty's reign, were not to be discharged from payment of the tenths and first-fruits. When any portion of the first-fruits or tenths were once applied towards the maintenance of any minister officiating in any church or chapel, such portion was to be devoted to such pur- pose for ever. By 6 Anne, cap. 27, entitled "An act for enlarging the time for returning the certificates of all ecclesiastical livings not ex- ceeding the yearly value of ;^5o, as also for discharging all livings of that value from the payment of first-fruits, and for allowing time to archbishops and bishops and other dignitaries for the payment of other first-fruits," all ecclesiastical benefices not exceeding ;^5o per annum were to be discharged for ever from first-fruits and tenths. Certificates of valuation of benefices were to be made into her Majesty's Court of Ex- AUGMENTATION OF POOR LIVINGS. 35 chequer at Westminster, before the 24th day of December 1708. Four years were allowed all archbishops and bishops to pay their first-fruits; but in the event of any archbishop or bishop dying before the full term of four years expired, his heirs, or executors, or administrators were to be dis- charged of so much as did not become due or payable at or before the time or times of his death or removal. In like manner the heirs, executors, or administrators of rectors or vicars are authorised to do. Deans, archdeacons, &c., were to compound for first-fruits in the same manner as rectors, vicars, &c., and in the case of death their estate was to be chargeable in the same proportion and in the same manner. Under the provisions of i George 1. stat. 2, cap. 10, desig- nated " An act for making more effectual her late Majesty's gracious intentions for augmenting the maintenance of the poor clergy," bishops were required to inform themselves of the value of each benefice, and to certify the same to the Governors of Queen Anne's Bounty. All rules, methods, &c., agreed upon by the said governors, and approved under the sign manual of his Majesty, were to be valid. All churches, curacies, or chapels augmented by the Governors of Queen Anne's Bounty were to be perpetual benefices, and the ministers thereof were to be bodies politic, and were enabled to take in perpetuity to themselves and their successors all such lands, tenements, tithes, and hereditaments as might be granted unto or pur- chased for them respectively by the said Governors of the Bounty of Queen Anne, for the augmentation of the main- tenance of the poor clergy or other persons contributing with the said governors as benefactors, any law or statute to the contrary notwithstanding. But impropriators of augmented churches, and the rectors, &c., of the mother churches thereof, were to be excluded from the benefit of such augmentation, and should, notwithstanding such augmentation, allow the usual pensions, &c., to the ministers officiating in the aug- mented churches. The nomination to any cures so augmented remaining void six months was to lapse to the bishop. But the persons entitled to nominate to any such benefice should still be lawfully entitled to nominate notwithstanding the lapse of six months, provided i! such nomination were made before advantage taken of their lapse. All donatives augmented, exempt from ecclesiastical jurisdiction, were from the date of their augmentation to be subject to the visitation and jurisdiction of the bishop of the diocese wherein 36 AUGUSTINES— AULA EEGIS. tliey were situated. But no donatives were to be augmented without the patron's consent. By 43 George III. cap. 107, called " An act for effectuating certain parts of an act passed in the second and third years of the reign of her late Majesty Queen Anne/' the Governors of Queen Anne's Bounty were authorised to provide a suitable par sonage for any benefice already augmented by them, which house was for ever to be deemed the parsonage house apper- taining to such benefice. The ecclesiastical corporations, colleges, &c., holding impro- priate rectories or tithes, might annex the same to any church or chapel within the parish in which the rectory might be situ- ated or the tithes might arise, and special incumbents were enabled to annex tithes, &c., to which they were entitled, aris- ing out of the limits of their benefices to the church or chapel of the parish where they arose, and powers were also given to rectors or vicars to charge their rectories or vicarages for the benefit of chapels of ease. By virtue of i & 2 William IV. cap. 45, sec. 16, no benefice exceeding in value three hundred pounds a year was entitled to augmentation ; but in reckoning such income of three hundred pounds, surplice fees were not to be taken into account. AUGUSTINES. The general opinion is that this order of monks came into England about the year 1105. Their habit was a long black cassock with a white rochet over it, and over that a black cloak and hood, from whence they were called Black Canons Regular of St. Austin. The monks were always shaved, but these canons wore beards, and caps on their heads. There were about 175 houses of these canons and canonesses in England and Wales. — B. E. L, AULA EEGIS was a court established by William the Con- queror in his own hall. It was composed of the king's great officers of state resident in his palace, who usually attended on his person, and followed him in all his progresses and expedi- tions ; which being found inconvenient and burdensome, it was enacted by the great charter, cap. 11, that common pleas shall no longer follow the king's court, but shall be holden in some certain place, which certain place was established in West- minster Hall, the place where the aula regis originally sat when the king resided in that city, and there it hath ever since con- tinued Aula ecclesicB was the nave or body of the church, where the temporal courts were frequently holden of ancient time. — B. L, D. AUSTINS— AWAED. AUSTINS or EREMITES. The origin of the Austin friars, or Friars Eremites of the Order of St. Austin, is very uncertain. They were brought into England about the year 1250. They had about thirty-two houses in England and Wales at the sup- pression. — B. E. L, AVE BELL. The bell rung morning, noon, and night in remembrance of the mystery of the Incarnation, at which times Ave Maria, the angelic salutation, is said. This was instituted . in England by Archbishop Arundel in 1399, and stopped by Shaxton in 1538. AVER CORN was a reserved rent in corn, paid by farmers and tenants to religious houses, and signifies, by Somner, corn drawn to the Lord's granary by the working cattle of the tenant. It is supposed that this custom was owing to the Saxon cyriao sceat, a measure of corn brought to the priest annually on St. Martin's Day, as an oblation for the first-fruits of the earth ; under which title the religious had corn-rent paid yearly, as appears by an inquisition of the estate of the Abbey of Glaston- bury, A.D. I 20 1. T. L, D, AVOIDANCE. Avoidance, as opposed to plenarty, is where there is a want of a lawful incumbent on a benefice, during li which vacancy the church is quasi viduata^ and the possessions belonging to it are in abeyance. Avoidance may happen in many ways, by death, by resignation, by cession, by deprivation, &c. — B. E, L. [See 25 Edw. III. stat. 3, cap. 8; 12 Anne, stat. I, cap. 12, sec. 2 ; 55 Geo. III. cap. 147 ; and 59 Geo. III. cap. 40.] 1 AVOWEE. The avowee is he to whom the right of advowson of any church belongs, so that he may present thereto in his own name ; he is thus called by way of distinction from those ' who sometimes present in another man's name, as a guardian who presents in the name of his ward. — E. C. C. AWARD. On a dispute between a parson and one of his parishioners whether the tithes should be paid in kind or not, the arbitrator awarded that the parson should have for the tithes due before the submission, and that the parishioner should I pay ;^4 annually for the future tithes. This was held to be a I good award, because the submission comprehended a question I concerning the future rights. But an award made on the 23d ' of June, ordering so much rent to be paid, by which award I itself appeared not to be due till the 24th, was held bad. — T. L, D, 38 BACINUM— BANNERS. B. BACINUM. A bell in tlie cloister of a monastery to sum- mon the monks to the refectory. BACULARIUS. A bishop's cross-bearer. BACULUS. I. A pastoral staff or crosier. 2. A royal staff or sceptre. BAJULUS. I. A person who carried a cross or a candle in a procession. 2. A conventual officer whose duty it was to receive money for obits and masses. 3. A verger. BALDACHINO. i. A structional covering on four columns of marble or stone, or a canopy hanging from the roof, over the altar in churches. 2. A covering of silk or stuff, supported on four poles, and carried over the Pope. It is also carried over the Blessed Sacrament. 3. The canopy over a bishop's throne. The word originally meant cloth of gold, made at Baldeck or Babylon. BALDEIC. A bell-rope, or the link connecting the clapper with the crown of a bell. BALTHEUS. A belt, being an official ornament of the Pope, bishops, and other clergy. BAND. An appendage to the neck dress, usually white, often worn by clergymen when officiating. BANGOR USE. Mentioned in the preface to the (English) Prayer-Book in connection with the Sarum and York Uses. It is more than probable that it differed from the rest only in musical notation, although the Uses of Sarum, Hereford, and York involved liturgical differences. BANNERS. Plags, military ensigns, or standards. " In the name of our God we w^ill set up our banners " (as signs of vic- tory), Ps. XX. 5. In Ps. Ixxiv. 5 it is said that the adver- saries " set up their banners for tokens " (Prayer-Book version) ; or, they set up their ensigns for signs " (Bible translation), thus displaying /a/se tokens or banners for true ones. In the chapels of orders of knighthood," says Dr. Hook, as in St. George's Chapel, Windsor, the chapel of the Order of the Garter, and in Henry YII.'s Chapel at Westminster, the chapel of the Order of the Bath, the banner of each knight, i.e., a little square flag bearing his arms, is suspended, at his instal- lation, over his appropriate stall. The installation of a knight is a religious ceremony, hence the propriety of this act. Also it is not uncommon to see banners taken in battle suspended over the tombs of victorious generals. This is a beautiful way of expressing thankfulness to God for that victory which He OF MAERIAGE. 39 alone can give ; and it were miicli to be wislied tliat a spirit of pride and vainglory should never mingle with the religious feeling. Banners were formerly a part of the accustomed orna- ments of the altar, and were suspended over it, * that in the Church the triumph of Christ may evermore he held in mind, by which we also hope to triumph over our enemy.' " Every church was anciently provided with one or more ban- ners to bear in the processions on Rogations and other holy days. Banners were also hung up in churches as 6X votos, in token of victories. . . . The staves on which the banners were suspended were made in lengths, and joined together by screws, formerly called wrests. These staves were surmounted by crosses, devices, or images of saints. An heraldic banner is attached to the staff on which it is carried by one side, while the ecclesiastical banner is suspended from the top of the staff by means of a yard."-/S. E. D. BANNS OF MAERIAGE. A public notice in church of an intended marriage. Wedgwood says that the primitive meaning of the verb ban seems to have been to summon to the army. This feudal calling out of persons capable of bearing arms was called hannire in liostem, The raising of the king's banner marked the place of assembly, and the primitive meaning of hannire was to call the people to the hann or standard. The term was then applied to summoning on any other public occa- sion, and hence to any proclamation." Cf. Old Eng. ahannan, to publish ; with 2it [out], to order out ; han, to curse ; the ban of the empire ; abandon. Marriages without banns were for- bidden under the provisions of 7 & 8 William III. cap. 35. When any parish was divided into separate districts, or district parishes, all acts of parliament relating to the publication of banns w^ere to apply to the new parishes or districts, in the 8ame way as to the original parish. [See 58 Geo. III. cap. 45, sec. 17.] But such banns were not to be published until the complete severance of such parishes. Whenever marriages are allowed to be solemnised in any district chapelry, the banns shall be published in the chapel or chapels in each of the dis- tricts in which the parties reside. No publication of banns in any other church or chapel is legal. Acts of parliament relating to the publication of banns apply to extra-parochial places. The bishop is to certify to the proper authority in what parishes banns of marriage may be published, and such certificate shall be kept in the chest of the church or chapel, with the books of the registry thereof, and a copy thereof shall be entered in the 40 BAPTISM— BAPTISM, KEGISTEATIO:^ OF. books of registry of banns of marriages, and a duplicate of such, certificate shall be registered in the registry of the diocese. [See 3 Geo. ly. cap. 72, sees. 17, 18, & 19.] Banns of marriage must be published three Sundays in the church or chapel of the parish or district in which the parties to be married dwell, after the second lesson of the morning ser- vice, or, as some people think, after the Nicene Creed. A repub- lication of banns is necessary if the marriage is not solemnised within three months. [See 3 Geo. lY. cap. 75, sec. 20.] BAPTISM, Ministration of^ to such as are of riper years and able to answer for themselves. — This office is ascribed to the pen of Dr. Griffith, Bishop of St. Asaph, and was added in 1661. It was rendered necessary in consequence of the great numbers of persons who had not been baptized in the interval between the outbreak of the Civil War and the Restoration. It was also thought likely to be useful ^' for the baptizing of natives in our plantations, and others converted to the faith.'' The Ministration of Private Baptism of Children in Houses. — The private baptism of children was provided for in the ancient manuals of the Church by rubrics. These were retained in the Prayer-Book of 1549, which gives directions for baptism by laymen in the following words : — " First, let them that be present call upon God for His grace, and say the Lord's Prayer if the time will suffer. And then one of them shall name the child, and dip him in the water, or pour water upon him, saying these words," &c. A canon prohibiting lay baptism was drawn up by Convocation in 1575, but Elizabeth refused to sanction it. In 1604 the rubrics were so altered as not to prohibit lay baptism, but to provide for no other baptism than that by a lawful minis- ter. The present office was drawn up in 1662. — Evan Daniel, BAPTISM, REGISTRATION OF. By the statute 5 2 George III. cap. 1 46, registers of public and private baptisms solemnised according to the rites of the Church of England within all parishes or chapelries, whether subject to the ordinary or pecu- liar or other jurisdiction, are to be made and kept by the rector, vicar, curate, or officiating minister of every parish (or of any chapelry where the ceremonies of baptism have been usually and may according to law be performed) for the time being, in suitable books provided for the purpose the parish. Annual copies of registers are to be made, and, after being verified by the officiating minister, are to be transmitted to the registrar of the diocese. In places where there is no church, &c., a memorandum of baptisms is to be delivered to the officiating BAPTISM, SICK OF CEOSS IK 41 minister of the adjoining parish. For further particulars see the act. BAPTISM, SIGN OF CROSS IN. Ey the Prayer-Eook of 1549, the child was to be signed with the sign of the cross upon his forehead and breast at an earlier part of the service, when the ceremony of exorcism was performed. The priest said, ^'K, take the figure of the holy cross in thy forehead, that thou never be ashamed of God and Christ thy Saviour, or of His gospel ; take it also on thy breast, that the power of Christ crucified may be ever thy succour and sure protection in all things." It was customary in the primitive Church for persons to sign their foreheads with the cross on a variety of occasions, and there can be no doubt that the practice was at an early period observed at baptism. St. Augustine says, " Thou art to be signed this day on thy forehead with the sign of the passion and the cross." So St. Jerome speaks of ^' bearing the banner of the cross " on his forehead. The Puritans strongly opposed the retention of the sign of the cross in holy baptism, and in 1603 made great endeavours to have it omitted. The Thirtieth Canon was drawn up to answer their objections, and is said to have been so satisfactory to Dr. Reynolds, the leader of the Puritan party, that he declared that he would never oppose the ceremony any more. It reminds us : (i) that the primitive Christians rejoiced in the cross, in spite of the ignominy which attached to it in the eyes of unbelievers, and that the Holy Scriptures include under it, not only Christ crucified, but the force, efi'ects, and merits of His death and passion, with all the comforts, fruits, and promises which we receive or expect thereby;" (2) that the honour and dignity of the cross itself begat, even in apostolic times, a reverent estima- tion of the sign of the cross, which Christians soon came to use in all their actions, as a sign that they were not ashamed of Him who died for them on the cross ; that they signed their children with the sign of the cross in baptism, and that this was done both in the Greek and Latin Church ; (3) that although the Church of Rome had abused the sign of the cross, the abuse of a thing doth not take away the lawful use of it ; and (4) that the Church of England, in retaining the cross in baptism, had simply recurred to primitive usage, guarding, at the same time, against future superstitions and error. In proof of this last point it urges that the Church of England teaches, firstly, that the sign of the cross is no part of the substance of the sacra- ment ; " secondly, that the infant baptized is, by virtue of 42 BAPTIST— BAPTISTEEY. baptism, before it be signed with the sign of the cross, received into the congregation of Christ's people, as a perfect member thereof, and not by any power ascribed unto the sign of the cross;" thirdly, that the cross is retained "for the very [i.e.^ simple] remembrance of the cross, which is very precious to all them that rightly believe in Jesus Christ," and "as a lawful outward ceremony and badge, whereby the infant is dedicated to the service of Him who died upon the cross." — Evan Daniel, To hold that infants ought not to be baptized, and that, if bap- tized, they ought to be rebaptized when they come to a lawful age, and that sinners after baptism cannot be restored by repent- ance, was to be deemed a heresy, which heresy was pardoned by 32 Henry VIII. cap. 49, and 3 & 4 Edward YI. cap. 24, anabaptists only being excepted from the provisions of pardon. When any parish is divided into two or more separate parishes or district parishes, the baptisms in each division are subject to the same laws as in the original parish. [See 58 Geo. III. cap. 45, sec. 27.] As soon as districts were assigned to any chapel already built, the church-building commissioners, with the con- sent of the bishop, were empowered to determine whether bap- tisms should be administered in such chapels. [See 6 & 7 Will. TV. cap. 86, and 59 Geo. III. cap. 134, sees. 16 & 17.] BAPTIST. One of a religious sect opposed to infant baptism. [See i Will, and Mary, sess. i, cap. 18, sec. 10. BAPTISTERY. In ecclesiastical writers, a place or edifice where water is preserved for persons to be baptized in. Anciently in the churches which baptized by immersion, the bap- tistery was a kind of pond where the catechumens were plunged, though in many places the next river served for a baptistery. In aftertimes, the baptistery was a little building adjoining to the church, purposely appointed for the administration of this ceremony. There were several fonts and altars in each baptistery, because then they baptized a number at once, all of whom received the Eucharist immediately after. At first, these baptisteries were only in the great cities, where bishops resided, who alone had the right of baptizing ; but they afterwards allowed parishes to have fonts, for the more com- modious administration of baptism. This right was confined to parishes alone ; and if any monasteries were found with bap- tismal fonts, it was because they had baptismal churches in another place ; though the bishops sometimes granted them to monks, upon condition that they would have a secular priest EAENABUS'S (ST.) DAY— BATTEL. along witli tliem to take care of the people ; but they afterwards found means to throw off the'priest, and make themselves masters of the church, and attach it, with its baptismal fonts, to their own monastery. — E. G. C. BARNABUS'S (ST. ) DAY. A festival of the Church, com- memorative of the Apostle Barnabus. BARRATRY. A term formerly applied to the obtaining of benefices at Kome. BARTHOLOMEW'S (ST.) DAY. The day observed by the Church as a festival in commemoration of St. Bartholomew. BASIN FOR THE OFFERTORY. Whilst the sentences at the offertory are "in reading, the deacons, churchwardens, or other fit persons appointed for that purpose, shall receive the alms for the poor and other devotions of the people, in a decent basin, to be provided by the parish for that purpose, and reverently bring it to the priest, who shall humbly present and place it upon the holy table." [See Eubkic, Communion Service.] BATTEL (from the Saxon hatte^ a club; or heatan, to heat) signified a trial by combat, where the defendant in an appeal of murder or felony might fight with the appellant, and make proof thereby whether he was guilty or innocent of the crime. This species of trial is of great antiquity in our laws, but now disused, there having been no instance of it since the year 1638. ^Hien an appellee chose to wage battel, the manner was this: He pleaded not guilty, and that he was ready to defend the same by his body, and then threw down his glove ; if the appellant joined battel, he replied that he was ready to make good his appeal by his body upon the body of the appellee, and took up the glove. Then the appellee laid his right hand on the book, and with his left hand took the appellant by the right, and swore thus : Hear this, thou who callest thyself John by the name of baptism, whom I hold by the hand, that falsely upon me thou hast lied ; and for this thou liest, that I who call myself Thomas by the name of baptism, did not feloniously murder thy father W. by name : so help me God. And then he kissed the book, saying, And this I will defend against thee by my body, as this court shall award. Then the appellant laid his right hand on the book, and with his left hand took the appellee by the right, and swore thus : Hear this, thou who callest thyself Thomas by the name of baptism, that thou didst feloniously murder my father W. by name : so help me God. 44 BEAD— BEADS. He then kissed tlie book, and said : And this I will prove against thee by my body, as this court shall award. On the day appointed, both parties were brought into the field before the justices of the court where the appeal was depending, at the rising of the sun, bareheaded and barelegged from the knee downward, and with bare arms to the elbows, armed only with batons or staves, of an ell long, and a four- cornered leathern target; and before they engaged they took the following oath : Hear this, ye justices, that I have this day neither eat, drank, nor have upon me neither bone, stone, nor any enchantment, sorcery, or witchcraft, whereby the law of God may be abased, or the law of the devil exalted : so help me God and His saints. Then, after proclamation for silence, they began the combat, wherein, if the appellee was so far vanquished that he could or would not fight any longer, he might be adjudged to be hanged immediately ; but if he killed the appellant, or maintained the fight till the stars appeared, he was to have judgment to be quit of the appeal. And if the appellant became recreant or a cry- ing coward, the appellee should recover his damages, and might plead his acquittal in bar of a subsequent indictment or appeal ; and the appellant for his perjury was to lose his liheram legem, and become infamous. This trial by battel was at the defendant's choice, but if the plaintiff was under an apparent disability of fighting, as being an infant, or of the age of sixty, or lame, or blind, he might counterplead the wager of battel, and compel the defendant to put himself upon his country. — B. L. D, BEAD or ££D£ (Saxon, head^ oratio). A prayer ; so that to say over beads is to say over one's prayers. They were most in use before printing, when poor persons could not go to the charge of a manuscript book, though they are still used in many parts of the world where the Eoman Catholic religion prevails. They were not allowed to be brought into England, or any superstitious things to be used here, under the penalty of a praemunire. — T. L. D. [See 13 Eliz. cap. 2.] BEAD-EOLL. A catalogue of prayers. Originally, perhaps, it was a list of those to be prayed for in a church, but afterwards came to signify any list. It also signifies a string of beads, or the Eosary. BEADS. In the Eomish Church, small globes of glass, pearl, or other substance : a number of these, strung on a thread, are used to keep account when certain prayers are to be often recited. BEADSMAN— EELL. 45 BEADSMAN. A person who repeats or offers prayers in behalf of another. " In thy danger, Commend thy grievance to my holy prayer, Tor I will be tliy beadsman, Valentine." Shakespeare. BEADLE. In Scotland, an officer who keeps the keys of the churches and seats, and occasionally attends the minister and kirk-sessions in the exercise of their parochial duties. In England, the parish beadle is not an ecclesiastical officer, as some have supposed. As his name implies (in Saxon, hydel, from heodan, to bid), he is the crier or messenger of a court, and is appointed by the parish vestry, upon whom it is his business to be in attendance : it is his duty also to give notice to the parishioners when and where the vestry meet, and to execute its orders as their messenger or servant. His costume, the gold- laced coat and cocked hat, are dependent upon the taste of the vestry. In London, and large towns, it is customary to swear in the beadle as a constable also. His appointment is during pleasure ; and the office not being a freehold, he may be dis- missed for misconduct at any time by the parishioners in vestry assembled. — >S^. E. D, BELFRY. That part of the tower or steeple of a church in which the bells are placed. BELL. Bells were not in use for several of the first ages of Christianity. During the times of persecution, remarks Dr. Nicholls, and before the Christians received countenance from the civil power, they were called together by a sexton or mes- senger, who went about from house to house some time before the hour the congregation met. After this custom grew into disuse, a sounding-plank hanging by a chain was used, upon which a person knocking hard with a mallet or hammer gave notice to the congregation. The precise time when bells came into use is not known. By a decree of Sabianus, Bishop of Eome, who was successor to Gregory the Great, and lived about the year 600, bells were ordered to be rung at all the hours of prayer. Paulinus, Bishop of Nola, a town of Campania, being willing to give notice to the most remote of its inhabitants w^hen prayers began, hung up a large brass vessel, which, when struck upon by a hammer or clapper, gave a strong sound. Hence came the two Latin names for a great bell — Nola, from the town, and Campana, from the country, where they were first used. . . . Bells are mentioned in the rules of St. Benedict and 46 BELL GABLE— BENEDICTINES. others of the 6th century, "but not as a new thing. In these documents the word signum is employed, which in after ages was certainly applied to a bell, and probably was so in these cases. " In Britain," says Whitaker, in his " History of Man- chester," " bells were used in churches before the conclusion of the 7 th century in the monastic societies of Northumbria, and as early as the 6th century in those of Caledonia. And they were, therefore, used from the first erection of parish churches among us." In the 8th century they were expressly mentioned by Bede as in use ; but the first peal of bells of which we have any notice in English history was that belonging to the Abbey of Croyland, in the 9th century, and consisting of seven. Not long after, Kenseus, Archbishop of York, gave two great bells to the Church of St. John at Beverley, and at the same time provided that other churches in his diocese should be furnished with bells. Mention is made by St. Aldhem and William of Malmesbury of bells given by St. Dunstan to churches in the west. The number of bells in every church gave occasion to a curious and singular piece of architecture in the campanile or bell-tower, an addition which is more susceptible of the grander beauties of architecture than any other part of the edifice. It was the constant appendage to every parish church of the Saxons, and is actually mentioned as such in the laws of Athelstan. " In the Middle Ages each bell was solemnly bap- tized by the bishop," says Hart, " receiving the name of some saint, and signed with the sign of the cross. The bell itself was covered with drapery. Holy water, salt, cream, tapers, &c., were employed during the ceremony, and the bishop prayed that the Lord would ' sanctify it with His Holy Spirit . . . pour upon it His heavenly blessing . . . and . . . infuse into it the heavenly dew of His Holy Ghost, that the devil may always flee before the sound thereof.' " — E, D, [See 3 Geo. II. cap. 19.] BELL GABLE or BELL COTE. A turret or gable at the west end of small churches without towers or spires, containing one or two bells. BELLS, BAPTIZING". A custom sometimes observed of consecrating, anointing, and baptizing bells, and giving them the name of some saint. BENEDICITE. The alternative canticle appointed to be said or sung after the first lesson at morning service. BENEDICTINES. In church history an order of monks who professed to follow the rules of St. Benedict. Their founder was BENEDICTION— BENEFICE. 47 born at Norcia, in Spoleto, a.d. 480. In the fourteenth year of his age he retired to a cavern in the desert of Subiaco, forty miles from Eome, and in 515 drew up a rule for his monks, which was first introduced into the monastery on Monte Cassino, in the neighbourhood of Naples, founded by him in 529 in a grove of Apollo, after the temple had been demolished. This gradually became the rule of all the Western monks. The Bene- dictines wore a loose black gown, with large wide sleeves, and a capuce or cowl on their heads, ending in a point behind. In the canon law they are styled black friars from the colour of their habit. In 596 Pope Gregory sent to that country Augus- tine, prior of the monastery of St. Andrew at Eome, with a considerable body of other Benedictine monks. St. Augustine became Archbishop of Canterbury, and the Benedictines founded several monasteries in England, as also the metropolitan church of Canterbury, and numerous cathedrals. — S, K D, BENEDICTION. A solemn act of blessing performed by the bishops and priests of the Church. In the Jewish Church, the priests, by the command of God, were to bless the people by saying, The Lord bless thee and keep thee. The Lord make His face shine upon thee, and be gracious unto thee. The Lord lift up His countenance upon thee, and give thee peace " (Num. vi. 24-26). In the Episcopal Church several forms of blessing are used, agreeing with the particular office of which they form a part. The ordinary benediction at the close of divine service is quoted from the end of the Communion Office, in these words : " The peace of God, which passeth all understanding, keep your hearts and minds in the knowledge and love of God, and of His Son Jesus Christ our Lord : and the blessing of God Almighty, the 'Father, the Son, and the Holy Ghost be amongst you, and remain with you always." The blessing is a composition of the Eng- lish Reformed Church. The first clause, taken from Phil. iv. 7, wafi appointed in 1548, and the remainder was added in 1549 from some ancient offices. Other forms of blessing, or modifications of the above, may be found in the offices for Confirmation, Matrimony, the Visita- tion of the Sick, Visitation of Prisoners, and the Office of Insti- tution. — >S^. E. D, BENEDICTUS. One of the psalms or hymns appointed to be said or sung after the second lesson at morning service. BENEFICE, BENEFICIUM, in an ecclesiastical sense, a church endowed with a revenue for the performance of divine 48 BENEFICE. service ; or the revenue itself assigned to an ecclesiastical person for life, in return for his performing the service of the church. All church preferments, except bishoprics, are called benefices ; and benefices are sometimes called dignities ; but we now ordinarily distinguish between benefice and dignity, applying the word " dignity to bishoprics, deaneries, arch-deaconries, and prebends; and benefice to parsonages, vicarages, and donatives. The term benefice comes to us from the old Romans, who using to distribute part of the lands they had conquered on the frontiers of the empire to their soldiers, those who enjoyed such rewards were called heneficiarii, and the lands themselves heneficia, as being held on the pure beneficence and liberality of the sovereign. These benefices at first were given for life only, but afterwards became hereditary and patrimonial. From the Romans, both the name and the thing passed into France and England, with this difi'erence, that benefices were not given as mere gratuities for past services, but as warrants for future ones, and were accordingly held by the tenure of serving on occasion in the wars, &c. So that what was before a benefice, became now converted into a fee. Hence, doubtless, came the term benefice to be applied to church-livings ; for, besides that the ecclesiastics held for life, like the soldiers, the riches of the Church arose from the beneficence of princes. As to the origin of ecclesiastical benefices, it is hard to determine when the revenues of the Church were first divided. It is certain till the 4th century all the revenues were in the hands of the bishops, who distributed them, by their oeconomi ; they consisted principally in alms and voluntary contributions. As the Church came to have lands, parts thereof were assigned for the subsistence of the clergy, and called benefices ; of which we find some footing in the 5 th and '6th century ; but then there does not appear to have been any certain partition, nor any precise quota allotted to each particular ; but the allotments were absolutely discretional till about the 12th century. At first each was contented with a single benefice, but, pluralities were, by degrees, introduced, on pretence of equity ; for a single benefice being sometimes scarce thought a com- petency, the priest was allowed two : as his quality or occasions increased, so the number of benefices that were to support him were increased too. A French writer observes that in his time there were five cases by which benefices were acquired : by the nominative, as in royal nominations ; by the genitive, as where the children of BENEFICE. 49 great men, &c., are provided of benefices by tlieir birth ; by tlie dative, as, when speaking of a benefice, it is said, date, and daMtur vohis ; by the accusative, as where, by virtue of an accusation, eitlier true or false, an incumbent is dispossessed and another admitted ; by the ablative, as when benefices are taken away by force from the poor and helpless ; but the voca- tive case, which is the most just and legitimate, is out of use. The nominative is for the king ; the genitive for the great ; the dative for the rich ; the accusative for the cunning ; and the ablative for the ambitious ; but the vocative is reserved for the Holy Ghost alone. — E. C. 0, The words of the preamble of stat. 3 of 25 Edward III. are : — Our lord the king, seeing and examining by good deliberation the petitions and articles delivered to him in his parliament holden at "Westminster, in the feast of Saint Hilary, the year of his reign of England the five-and-twentieth, and of France the twelfth, by the honourable father in God, Simon, Archbishop of Canterbury, and other bishops of his province, upon and for certain grievances which they alleged to be done to Holy Church and to the clergy, against the privileges of Holy Church ; and they then prayed that a conveniable remedy might be thereof ordained, to the reverence of God and of Holy Church, by the assent of his parliament, for him and his heirs, willeth and grant eth the points under written." By i & 2 William lY. cap. 45, sec. 28, a benefice is defined to mean and to comprehend rectories, vicarages, donatives, perpetual curacies, parochial and consolidated chapelries, district parishes, district chapelries, and churches and chapels having a district assigned thereto. Persons not ordained deacons and priests according to episcopal ordina- tion, or being under twenty-three years of age, or not being a bachelor of divinity, or a preacher allowed, in case of being nominated to any benefice exceeding the value of ;^3o a year in the king's books, are legally disqualified from holding the bene- fice. [See 13 & 14 Chas. II. cap. 4, sec. 13, and also 13 Eliz. cap. 12, sec. 3.] The cognisance of the avoidance of benefices appertains to the ecclesiastical judge, and presentment to churches made by the king in another's right are to be dis- allowed. By 3 Eichard II. cap. 3, persons were forbidden to receive benefices of an alien or convey money to him. By 7 Eichard II. cap. 12, no alien was allowed to purchase or occupy any benefice of the Church within the realm. By 12 Eichard II. cap. 15, whosoever went out of the realm or sent to Eome to procure a benefice within the realm, was to be out of D BENEFICES. the King's protection, and tlie benefice so obtained was to be void. By 13 Eichard 11. stat. 2, cap. 2, whoever received a benefice contrary to the provisions of 25 Edward III. stat. 6, was to be banished the realm, and any person receiving any such person banished, coming from beyond the sea, or being within the realm after the said six weeks, knowing thereof, was to be exiled, banished, and incur such penalty as afore- said, and their procurators, notaries, executors, and summoners were to suffer the same pain and forfeiture. By 2 1 Richard II. cap. 8, the king was to have the collation to all benefices for- feited by traitors. By i Henry Y. cap. 7, the statutes of 13 Richard II. are recited against aliens having benefices, and for banishing them out of the realm and putting English in their places, which statute it declares to be broken by letters granted to them to be denizens, to the impoverishment and to the betraying of the kingdom. Former acts were to be observed, except by priors alien, conventual, and priors with institution, who were to find sureties not to disclose the secrets of the realm. By 5 & 6 William lY. cap. 76, sec. 139, the advowsons of benefices belonging to municipal corporations were authorised to be sold according to the directions of the Ecclesiastical Commissioners, and any vacancy arising prior to the sale was to be supplied by the bishop of the diocese. Under the provisions of 59 George III. cap. 134, sec. 12, all churches built under the provisions of the Church Building Acts, whether belonging to parishes completely divided, or to district parishes, were to become benefices immediately after their consecration. BENEFICES, APPROPEIATION OF. By 15 Richard 11. cap. 6, and 4 Henry lY. cap. 12, it was enacted that in all cases of appropriation of benefices, provision should be made by endowment or otherwise for the vicar and the poor, and in every church and in every benefice so appropriated, the vicar endowed was to be a secular man, and not a religious. BENEFICES, AVOIDANCE OF. Cognisance of avoidance of benefices appertaineth solely to the ecclesiastical judge. The 25 Edward III. stat. 3, cap. 8, provides that, " Whereas the said prelates have showed and prayed remedy for that the secular justices do accroch to them cognisance of avoidance of benefices of right, wdiich cognisance and the discussing thereof pertaineth to the judge of the Holy Church, and not to the lay judge ; the King will and granteth that the said justices shall from henceforth receive such challenges, made or to be made, by any prelate of any church in this behalf, and moreover shall do right and reason." BENEFICES. BENEFICES, FORM 9F RESIGNATION OF.— (Schedule A.)—*' I < , being now, and having been for the last seven years continuously, (rector, vicar, or incumbent) of , within your lordship's diocese, hereby represent to your lordship that I, finding myself incapacitated by per- manent mental or bodily infirmity (as the case may be) from the due per- formance of the duties of my office, am desirous of resigning the aforesaid benefice on being allowed to receive a pension out of the revenues of the same. Accordingly, I respectfully request your lordship to issue a com- mission under the provisions of the Incumbents' Resignation Act, 1 871, to Inquire and report, as provided by the said act, upon the expediency of my proposed resignation. ' ' As witness my hand this day of , in the year of our Lord 18 . (L. S.)" BENEFICE.— PURCHASE OF BUILDINGS OR LANDS TO BE ANNEXED THERETO.— Form of deed of.— This indenture, made the day of , in the year of our Lord , between A. B., of , of the one part, the right reverend father in God , lord bishop of , and E. F., of , patron of the rectory, &c., of , of the other part : Whereas there is no fit parsonage house belonging to the said rectory, &c. , and whereas a contract hath been made, by the direction of the said bishop, with the said A. B., for the absolute purchase of the house, buildings, and lands hereinafter described, for the price or sum of pounds, pursuant to the directions of an act passed in the second year of the reign of her Majesty Queen Victoria, intituled, ' An act to abridge the holding of bene- fices in plurality, and to make better provision for the residence of the clergy.' Now this indenture witnesseth, that the said A. B., in considera- tion of the sum of pounds to him in hand paid for the purchase afore- said, the receipt for which sum the said A. B. hath admitted by an endorse- ment on the back of this deed, hath granted, bargained, and sold, and by these presents doth grant, bargain, and sell, unto the said E. F., and his heirs, all, &c. [Here insert a full description of the buildings or lands so intended to be conveyed, with their and every of their rights, privileges, and appnrtenances.] To hold unto the said E. F., and his heirs or successors [as the case may be], in trust for the sole use and benefit of the incumbent of the said benefice, and his successors, rectors, vicars, &c. [as the case may he], of the said benefice for the time being, for ever. [Usual covenant for title to be added.] In witness," &c. [See i & 2 Vie. cap. 106.] BENEFICES, SEQUESTRATION OF. By virtue of the provisions of 34 & 35 Yict., cap. 45, 187 1, the bishop of the diocese may appoint a curate to such sequestrated benefice, and also assign him a stipend. The payment of such stipend is to have priority of all other payments to be made under the instru- ment of sequestration. The incumbent of the sequestrated benefice is not allowed during the continuance of the period of sequestration to accept, or be instituted, or licensed to, any other benefice or preferment, the acceptance of, or institution, or license to which would avoid or vacate the benefice so under sequestration, unless with the consent in writing of the bishop of the diocese and the sequestrator. 52 BENEFICE C DLL ATI VE— BIBLE. BENEFICE COLLATIVE. A benefice at the free disposal of the patron, as distinct and different from a benefice presenta- tive. BENEFICE DONATIVE. A benefice not in the jurisdiction of the ordinary, in which the patron can at once put the nominee in possession. [See i Geo. 1. stat. 2, cap. 10, sees. 14, 15, & 16.] BENEFICE PRESENTATIVE. A benefice in which the nominee is presented to the bishop by the patron. BENEFICIO PRIMO ECCLESIASTICO HABENDO. A writ directed from the king to the chancellor, to bestow the benefice that shall first fall in the king's gift, above or under such value, upon such a particular person. [See P. E. L., vol. i. p. 386.] BENEFIT OF CLERGY. A privilege formerly enjoyed by ecclesiastics, and afterwards extended to all persons of educa- tion, of being exempted from the punishment of death, &c. [See 9 Edw. II. caps. 15 & 16; 25 Edw. III. stat. 3, cap. 4; 4 Hen. YII cap. 1 3 ; 4 Hen. YIII. cap. 2 ; 22 Hen. YIII. cap. 2 ; 28 Hen. VIII. cap. i ; 18 Eliz. cap. 7 ; 6 Geo. IV, cap. 25 ; 7 & 8 Geo. IV. cap. 27 ; and 4 & S Vict. cap. 22.] BENEPLACITUM APOSTOLICUM. A name given to the papal approbation of a consent to the alienation of any property of the Church, or other measure. BEREFELLARII. A name given to the seven inferior clergy- men ranking next after the prebendaries in the collegiate church of Beverley. BEQUESTS, CHURCH AND PAROCHIAL. Whenever any distinct or district parishes or district chapelries have been formed by the Church Building Commissioners out of any ancient parish, all charitable devises, gifts, and bequests may be appor- tioned by the Court of Chancery between the mother and daughter parishes. [See 8 & 9 Vict. cap. 70, sec. 22.] BETHLEMITES. The Bethlemite Friars came to England in the year 1257. They had their rule and habit much like that of the Dominicans, but were distinguished from them by a red star of five rays, with a blue circle in the middle of it, worn on their breasts in memory of the star which appeared to the wise men and conducted them to Jerusalem. They were placed in Trumpington Street, at Cambridge, the first year they came over, and that seems to have been the only house of these friars in England. — B. E. L. BIBLE. By canon law 80, it is enacted that if any parishes be unfurnished with a Bible of the largest volume, the church- wardens shall, within convenient time, provide the same at the BIBLES. 53 charge of the parish. This was also directed by the second of Lord CromweH's injunctions under King Henry YIIL, and iu the thirty-third year of the same reign it was enforced by pro- clamation and a penalty of forty shillings. The like order and also for the paraphrase of Erasmus was in the injunctions of Edward YL, and continued in those of Queen Elizabeth, and, together with the Book of Homilies, in the canons of 15 71. But what Bible is here meant by that of the largest volume is not very clear. King James L's translation was not then made; Queen Elizabeth's Bible was called the Bishops' Bible ; and the trans- lations and reviews, commonly called the Great Bible, were those of Tindal and Coverdale in the time of King Henry YIIL, and that which was published by direction of Archbishop Cranmer in the reign of Edward YL — B. E, L, BIBLES. Tindal's translation of the books of the Old and New Testament was declared by act of parliament in the time of Henry YIIL to be crafty and false, and thereupon to be abol- ished and forbidden, and all printers, bookbinders, and booksellers engaged in printing or in distributing the same, for the first offence, were to be imprisoned three months, and for the second offence to forfeit all their goods, with perpetual imprisonment. Bibles and ISTew Testaments in English, other than TindaFs translation, were to stand in force, but they were not to be read, preached, or taught in churches without the king's license, the penalty attaching to which was one month's imprisonment. It was made lawful to use them in the course of speeches made by the Lord Chancellor, recorders, and justices. To noblemen and gentlemen the privilege was conceded that they might read the Bible in their families. Merchant men were permitted to read it privately to themselves. Women, artificers, serving men, or husbandmen were not to read it without the king's license. Spiritual persons preaching and teaching contrary to the royal injunctions, and convicted thereof, might, after the first offence, recant. Eor the second, they were to abjure and bear a faggot. For the third, they were to be burnt as heretics, and forfeit all their goods and chattels. Lay persons, for the first offence, were •to be imprisoned twenty days. Eor the second, they were to abjure and bear a faggot. Eor the third, to forfeit all their goods, with perpetual imprisonment. The above enactments were re- pealed by Edward YL [See 34 & 35 Hen. YIIL cap. i, and I Edw. YL cap. 12, sees, i & 3.] BIBLES, PRINTING OF. By virtue of 34 George IIL cap. 20, sees. 39 & 40, and also 54 George IIL cap. 106, excise duty 54 BIDDING. I was remitted on paper used for printing Bibles, Testaments, and Psalm-books. It was provided by 5 Elizabeth, cap. 28, that a Bible and Book of Common Prayer should be translated into the Welsh tongue, and that a Bible and Book of Common Prayer in English should be placed in every cathedral, collegiate church, parish church, and chapel of ease in Wales, and the bishops of the several Welsh dioceses failing to see these provisions carried out were to incur a penalty of ^£40. BIDDING OF THE BEADS, from the Saxon hiddan, to desire, and bede, a prayer, was anciently a charge or warning given by the parish minister to his parishioners at some special times to come to prayers, either for the soul of some friend departed, or upon some other particular occasion ; and, at this day, the giving notice on the Sunday before of an holiday to be observed in that week is called bidding the holiday. — B, L. D, BIDDING- OF PRAYER. The ancient custom of announcing to the people the subjects for which their prayers were required. This took place immediately before the sermon. The preacher having already taken his station and named his text, proceeded to call the people to their devotions, bidding them to pray for the king, the pope, the bishop, &c., &c. After which all the people said their beads in a general silence, and the minister kneeled down likewise and said his ; they were to say a Paternos- ' ter, Ave Maria, &c., and then the sermon proceeded." — S. E. D, The SSth canon of the Convocation of 1603 enjoins : "Before all sermons, lectures, and homilies, the preachers and ministers shall move the people to join with them in prayer, in this form, or to this effect, as briefly as conveniently they may : ' Ye shall pray for Christ's Holy Catholic Church, that is, for the whole congregation of Christian people dispersed throughout the whole world, and especially for the Churches of England, Scotland, and Ireland. And herein I require you most especially to pray for the king's most excellent majesty, our sovereign Lord James, king of England, Scotland, France, and Ireland, defender of the faith, and supreme governor in these his realms, and all other his dominions and countries, over all persons, in all causes, as well ecclesiastical as temporal. Ye shall also pray for our gracious Queen Anne, the noble Prince Henry, and the rest of the king and queen's royal issue. Ye shall also pray for the ministers of God's holy word and sacraments, as well archbishops and bishops, as other pastors and curates. Ye shall also pray for the king's most honourable council, and for all the nobility and ma^^istrates of this realm, that all and everv of these in their BIER— BISHOPS. 55 several callings may serve truly and faithfully, to tlie glory of God, and the edifying and well-governing of His people, remem- bering the account that they must make. Also ye shall pray for the whole commons of this realm, that they may live in the true faith and fear of God, in humble obedience to the king and brotherly charity one to another. Finally, let us praise God for all those which are departed out of this life in the faith of Christ, and pray unto God that we may have grace to direct our lives after their good example, that, this life ended, we may be made partakers with them of the glorious resurrection in the life everlasting,' always concluding with the Lord's Prayer." BIER. The parishioners shall, at their own charge, find a bier for the dead. — B. E. L. BIER-CLOTH. The cloth placed over a coffin or bier, purple for adults and white for children. BILL OF RIGHTS. This bill, passed in the second session of William & Mary, cap. 2, among other important declara- tions of the rights and liberties of the subject, and settling the succession to the crown, declared that Papists are debarred the crown ; that the commission for erecting the late court of commissioners for ecclesiastical causes, and all other commis- sions and courts of like nature, are illegal and pernicious ; also that the oaths hereafter mentioned were to be taken by all persons of whom the oaths of allegiance and supremacy might be required by law ; and that all prior oaths of allegiance and supremacy be abrogated. "I, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to their majesties King William and Queen Mary. So help me God." I, A. B., do swear that I do from my heart abhor, detest, and abjure as impious and heretical that damnable doctrine and posi- tion that princes excommunicated or deprived by the Pope, or any authority of the See of Eome, may be deposed or murdered by their subjects or any other whatsoever. And I do declare that no foreign prince, prelate, state, or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realm. So help me God." [See Will, and Mary, sess. 2, cap. 2, sec. 3.] BIRETTA. A square black cap worn by priests. Bishops are allowed purple and cardinals red. BIRRUS. A peculiar dress of the clergy of the ancient Church. BISHOPS, ELECTION OF. When cities were first converted to Christianity, the bishops were elected by the clergy and people; 56 BISHOPS. for it was then tliought convenient that the laity, as well as the clergy, should concur in the election. Eut as the number of Christians increased, this was found to he inconvenient ; for tumults were raised, and sometimes murders committed, at such popular elections. To avoid such disorders, the emperors, being then Christians, reserved the election of bishops to themselves ; but the Bishop of Eome, when he had obtained supremacy in the Western Church, was unwilling that the bishops should have any dependence upon princes ; and therefore brought it about that the chapters of cathedral churches should have the election of their bishops, which elections were usually confirmed at Rome. But princes had still some power in those elections ; and in England we read that in the Saxon times all ecclesiastical dignities were conferred by the king in parliament. — B, E, L, Bishops were exempted from appearance at sheriffs' turns, 52 Henry III. cap. i o. They had remedies against their predecessors for loss, or wrong, or injury done to the goods or property of their churches. [See 52 Hen. III. cap. 28.] All bishops, pastors, and curates were authorised to administer all sacraments and divine services of the Church to the subjects of the realm, any inhibi- tions of, or appeals to, the See of Rome in such matters, not- withstanding. [See 24 Hen. YIII. cap. 12.] The penalty imposed on the bishops or clergy who omitted to do their duty in consequence of any inhibitions or appeals to the See of Rome was one year's imprisonment, and to pay a fine and ransom at the king's pleasure. By 13 Richard II. stat. i, cap. i, all prelates and other members of the Church having advowsons of any benefices by the grant of the Crown or of other donors were to have their collations and presentments freely. By virtue of 31 Henry YIII. cap. 9, the king was authorised to make five new bishoprics by letters patent, whereupon five new bishoprics were created. They were to pay tenths as other bishops, and to be allowed four years for the payment thereof. Under the provisions of 31 Henry YIII. cap. 10, sees, i & 2, the seating of the bishops in the House of Lords was thus arranged : — " Next to the viceregent in ecclesiastical jurisdiction, viz., Thomas Lord Crumwell, the Archbishop of Canterbury, and then next to him, on the same form and side, shall sit the Arch- bishop of York, and next to him, on the same form and side, the Bishop of London, and next to him, on the same side and form, the Bishop of Durham, and next to him, on the same side and form, the Bishop of Winchester, and then all the other BISHOPS. 57 bishops of both provinces of Canterbury and York shall sit and be placed on the same side after their ancienties, as it hath been accustomed." Ey 25 Henry YIII. cap. 20, sees. 3 & 7, it was enacted that no man shall be presented to the See of Kome for the dignity of an archbishop or bishop, nor shall annats or first- fruits be paid to the Pope. It was also declared that the election of bishops belonged not to the See of Kome but only to the Church and Crown of England. In the event of any dean and chapter refusing to elect the King's nominee to any bishopric, the King was to appoint as bishop the same nominee by letters patent. By 39 Elizabeth, cap. 8, it was enacted that every deprivation of any bishop or dean made in the beginning of the Queen's reign shall be good, and archbishops, bishops, and deans appointed by the Queen shall be adjudged lawful. [See also 8 Eliz. cap. i.] Under the provisions of the last-quoted act the form of the consecration of bishops was admitted into the Book of Common Prayer. The Queen, by her supreme authority, caused divers persons to be elected and consecrated archbishops and bishops, and her Majesty dispensed with all doubts of imperfections or disability of electing bishops. The i Elizabeth, cap. 2, touching the Book of Common Prayer and the administration of the sacraments, was confirmed, as was also 5 & 6 Edward YI. cap. I, touching the form of consecrating archbishops. All acts done by any person about consecrating or investing any person elected to be bishop by virtue of the Queen's letters patent since the beginning of her reign were declared to be good. All persons made and to be made bishops, priests, ministers, &c., according to the statute 5 & 6 Edward YI. cap. i, were declared to be rightly made. [See also i Eliz. cap. i.] Under the provisions of 21 Henry YIII. cap. 13, bishops may have six chaplains each ; each chaplain by dispensation having power to hold two benefices in addition to his chaplaincy, and every archbishop may have eight chaplains, with power by license and dispensation to hold the same number of benefices. BISHOPS, CONSECRATION OF. By 25 Henry YIII. cap. 20, it was enacted that any person named or presented by the king to the See of Eome for an English bishopric, the confirma- tion of which was delayed by the Pope, might be consecrated immediately by an English archbishop, and that any person in like manner presented by the king of England to the See of Eome, should, if the Pope's confirmation be delayed, be conse- crated forthwith by two English bishops. Sums allowed to the Pope of Home for a bull or bulls in such presentation were to 58 BISHOPS. be;^5 sterling for the clear annual value of every ;^ioo of such bishopric. [See 23 Hen. YIII. cap. 20, sees. 2 & 3.] But by 25 Henry YIII. cap. 20, sees. 3 & 7, all presentations henceforth to the See of Rome for English bishoprics or benefices were for- bidden and rendered illegal. And in lieu thereof the king him- self was to present bishops to the archbishop, whereupon the dean and chapter were to elect, and the designation of the person nominated to the bishopric was to be lord elect, and the arch- bishop was to consecrate. BISHOPS (Subject to Foreign States). By virtue of 5 Vic- toria, cap. 6, British subjects, as well as subjects or citizens of foreign countries, may be consecrated by the Archbishops of Canterbury or York to be bishops in foreign countries out of her Majesty's dominions. In such cases the Queen's license is not required for the election. In the royal mandate for the conse- cration of such bishop the spiritual jurisdiction of such bishop is to be confined to British congregations of the Church of Eng- land, and such other Protestant congregations as may be desirous of placing themselves under his authority. The archbishop was to test the efficiency of such persons before such consecration. But any such bishop was precluded from exercising his office within her Majesty's dominions in England or Ireland without special permission. The consecrating archbishop was in every case to give the consecrated bishop a certificate of his consecration. BISHOPS SUFFRAaAN. 26 Henry YIII. cap. 14, sets forth that sufi'ragans have been accustomed to be had within this realm for the more speedy administration of the sacraments and other good and devout ceremonies, for the increase of God's honour and the commodity of good and devout people." The following towns were named as sees for sufi'ragan bishops : — Thetford, Ipswich, Colchester, Dover, Guildford, Southampton, Taunton, Shaftesbury, Molton, Marlborough, Bedford, Leicester, Gloucester, Shrewsbury, Bristol, Penrith, Bridgewater, Notting- ham, Grantham, Hull, Huntingdon, Cambridge, Perth, Berwick, St. Germain's in Cornwall, and Isle of Wight. Bishops being disposed to have sufi'ragans were to name two persons and pre- sent them to the Crown ; the Crown to nominate one of two such persons to be sufi'ragan, who was to be consecrated by the bishop. It was enacted that a sufi'ragan might hold two benefices with cure of souls for the maintenance of his dig- nity. Kesidence in the diocese in the case of sufi'ragan was defined to be the same residence on the benefice in the case of the incumbent. [See Suffeagan.] BISHOPS— BISHOPEICS. 59 BISHOP COADJUTOR. A bisliop appointed to assist anotlier bishop in his diocese. BISHOP'S COURT. An ecclesiastical court held in the cathe- dral of each diocese, the judge whereof is the bishop's chancellor, the church lawyer, who judges by the civil and canon law, and, if the diocese be large, has his commissaries in remote parts, w^ho hold what they call consistory courts for matters limited to them by their commission. — E. C. C, [See P. E. L., vol. ii. p. I202.] BISHOP DESIGNATE. A priest who has been nominated to a vacant bishopric. BISHOP IN PARTIBUS. A titular bishop, that is, a priest consecrated bishop, whose title or diocese is in countries pos- sessed by heretics or heathen. [See P. E. L., vol. i. p. 95.] BISHOP TITULAR. A bishop who has no especial jurisdic- tion or diocese. BISHOPING. A name sometimes given to confirmation. BISHOPS' BIBLE. A translation of the Bible instituted by Archbishop Parker, and printed in 1568 and 1572 in folio, and in 1589 in 8vo. BISHOP'S THRONE. A seat on the north or south side of the choir of a cathedral for the bishop to occupy. BISHOPRIC. The jurisdiction of a bishop, or the district within which it is comprised, called also diocese. In England, the king being certified of the death of a bishop by the dean and chapter, and his leave requested to elect another, the conge d^elire is sent to them nominating the person he would have chosen. The election is to be within twenty days after the receipt of the conge d^elire, and the chapter, in case of refusing the person named by the king, incurs a praemunire. After election, and its being accepted of by the bishop, the king grants a mandate under the great seal for confirmation, which the archbishop consigns to his vicar-general, consisting mostly in a solemn citation of such as have any objections to the bishop-elect, a declaration of their contumacy in not appearing, and an adminis- tration of the oaths of supremacy and canonical obedience. — Hj C C BISHOPRICS, AVOIDANCE OP. Ey 25 Henry VIII. cap. 20, sees. 3 & 7, it was provided, on the foundation of any arch- bishopric or bishopric, that the king was to g^ant license under the great seal to the prior and convent, or the dean and chap- ter, to elect archbishops or bishops, with a letter missive con- taining the name of the person to be elected; in default of 60 . BISHOPEICS— BLOOD. election by the parties above named, the king was to nominate the bishop by his letters patent. By the provisions of i Eliza- beth, cap. 1 9, the queen was empowered to take into her hands, on the avoidance of any bishopric, so much of the possessions as were of the value of all the queen's parsonages appropriate, &c., within the said bishopric, assuring the parsonages, &c., to the promoted bishop, saving, however, any mansion, houses, or demesne lands commonly used for the habitation and benefit of the said bishop. BISHOPRICS, rive new bishoprics were erected by the king's letters patent out of the revenues of dissolved monasteries. [See 34 & 35 Hen. YIII. cap. 21, sees. 2 & 3, and 35 Eliz. cap. 3.] The erection of these bishoprics was confirmed and their continuance made permanent by i & 2 Philip & Mary, cap. 8. The five new bishoprics so created were Chester, Gloucester, Oxford, Peterborough, and Bristol. BISHOPRICS, NEW. Under the ISTew Bishoprics Act the following four new bishoprics have been created — St. Albans, 1877; Kochester, 1877; Truro, 1877; and Liverpool, 1880; one of which, Liverpool, is in the province of York, and the remaining three in the province of Canterbury. Other new bishoprics are in process of formation, their creation being de- pendent on sufficient funds being forthcominc^ for endowment. BISHOPS' RESIGNATION ACTS. 32 & 33 Victoria, cap. Ill, 1869, was passed for the relief of archbishops and bishops who, by reason of age, or any mental or bodily infirmity, may be permanently incapacitated for the due performance of their duty, payment to be made to the retiring archbishop or bishop of one-third the amount of his income prior to his retirement, or ;^2ooo, such yearly sums to accrue from day to day, and to be payable half-yearly. BLACK FRIARS. Dominican monks, so called from their black robes. BLACK LETTER. Gothic or old English type; so called from its breadth and blackness. BLACK-LETTER SAINTS' DAYS. A term applied to those days which are not rubricated in the calendar of the English Prayer-Book, and have no special collect, epistle, and^ gospel for the saints commemorated upon them. BLACK MONKS. Benedictines. Habit, black cloak, cowl, and scapulary, over a white robe. BLOOD. For many ages the clergy have been forbidden to sit in judgment on capital offences, or cases of blood, and even BOAED— BOUNTY. 6i now tlie bishops in the House of Lords always retire when such cases come before the House. [See P. E. Z/., p. 72.] BOARD OF TRIBES. A name given to a kind of council or board appointed by Cromwell in 1653. It consisted of thirty- eight persons, comprising Presbyterians, Independents, and Baptists, who examined the clergy prior to their being appointed to benefices, &c. BODY OF THE CHURCH. The central portion of the nave between the aisles. Popularly, it is the large open space in the interior of a church building, as distinguished from the chancel, porches, or smaller apartments of the edifice. The expression occurs in the form for the solemnisation of matrimony, where it is ordered that the persons to be married shall come into the body of the church, or shall be ready in some proper house,^' &c. " The custom formerly was for the couple who Avere to enter upon this holy state to be placed at the church- door, where the priest joined their hands and performed the greater part of the matrimonial office. . . . But at the Reforma- tion the rubric was altered, and the whole office ordered to be performed within the church, where the congregation might aff'ord more witnesses of the fact." — S. E. D, BONHOMMBS. The last order of friars which was brought into this kingdom was that of Bonhommes or good men, who w^ere brought hither by Edmund, Earl of Cornwall, in the year 1283, and placed at Asherug, in Bucks. Besides which, there was but one house more of this order in England, to wit, Edingdon, in Wiltshire. These friars followed the rule of Saint Austin and wore a blue habit. — B. E. L, BOUNTY, QUEEN ANNE'S. Eor several centuries it had been customary in England, on entering on a benefice or living, to pay to the Pope (or subsequently to the sovereign) a sum called annates or first-fruits, amounting to about the value of one year's revenue of the benefice. But Queen Anne voluntarily performed an act of generosity, of which the Church at this day experiences the advantages in the increased comforts of its poorer ministers. With the consent of parliament, she alienated that branch of her revenue which arose from the first-fruits and tenths paid by the clergy, and vested it in trustees for the augmentation of small livings. The trustees of this fund, called Queen Anne's Bounty, add one hundred pounds to each hundred pounds ofii'ered by private donors for the augmentation of any small living or perpetual curacy ; the joint sums being appointed 62 EOWIXG— BOY-BISHOP. to be expended in the purchase of land or other secure invest- ment. — aS'. E, D. BO WING AT THE NAME OF JESUS. The i8th canon of the Constitutions of the Church of England enjoins that when in time of divine service the Lord Jesus shall be men- tioned, due and lowly reverence shall be done by all persons present, as it hath been accustomed ; testifying by these outward ceremonies and gestures their inward humility, Christian resolu- tion, and due acknowledgment that the Lord Jesus Christ, the true eternal Son of God, is the only Saviour of the world." BOWING IN PRAYERS. The practice of bowing the head was chiefly used by the early Christians in receiving the bishop's or priest's benediction, and in all direct and formal addresses to God for His mercy and favour upon the people. BOWING TO THE ALTAR.' A reverent custom, still prac- tised at Windsor Chapel, in college chapels, cathedrals, and some churches, of Vi^hich the Synod of 1640 hath said, We heartily commend it to all good and well-afl'ected people, that they be ready to tender to the Lord their reverence and obeisance, both at their coming in and going out of church, according to the most ancient custom of the primitive Church in the purest times." In the practice or omission of this rite, we desire that the rule of charity prescribed by the apostle may be observed, which is, that they which use this rite despise not those who use it not, and they who use it not, condemn not them who use it." BOY-BISHOP. In the Middle Ages, this appellation was given to one of the boys of the choir, who, at the time of the celebration of certain feasts, assumed the garments of a bishop, and in them exercised among his companions a sort of episcopal jurisdiction. In Hart's Ecclesiastical Eecords " the following particulars are given : — " Every year, on St. Nicholas' Day (December 6), the singing-boys of a cathedral church elected one of their number to be their bishop. He was vested in a rich cope, wuth a mitre, and the other insignia of a real bishop. There was a choral service provided for the occasion, in which his youthful chaplains officiated as priests, and in conclusion he gave a solemn benediction to the people. This continued till Innocents' Day (December 28), on which the boy-bishop and his youthful clergy in their copes walked in procession to the choir, bearing lighted tapers in their hands, and provided with a censer, and chanted a special service, with prayers and responses. At BEAWLING— BREVIAEY. 63 Salisbury cathedral, the boy-Li shop held a sort of episcopal visitation during his short reign, and if he died within the month, he was buried, like other bishops, in his episcopal vest- ments/' — ^S'. E. D. BRAWLING- IN CHURCHES. By 5 & 6 Edward YL cap. 4, it was enacted that the penalty for striking or drawing a weapon in any church or churchyard was, in the case of a lay- man, deprivation of entrance into the church, and if a clerk, from the administration of his office for so long a time as the ordinary by his discretion should think meet and convenient, according to the fault. For smiting any one in church the penalty was declared to be excommunication and entire exclu- sion from the fellowship and company of Christ's congregation. The penalty for drawing any weapon in church with the intent to smite any person with it, or the smiting of any such person, was, after a conviction of guilt by the verdict of twelve men, or by the confession of the offender, or by two lawful witnesses before the justices of assize, justices of oyer and determiner, or justices of peace in their sessions, that the person or persons so convicted should have one of their ears cut off ; and in the event of the person or persons so offending having no ears whereby they could receive such punishment, that then such guilty person or persons should be marked or burnt in the cheek with a hot iron having the letter *T " therein, whereby he or they may be known as fray makers and fighters, and, besides that, every such person was to stand i;pso facto excommunicated. But by 9 George lY. cap. 31, sec. i, the law as to brawling and smiting in churches was altered. By 23 & 24Yictoria, cap. 32, the foregoing acts were repealed. [See Churches, Brawling in.] BREVIARY, BREVIARIUM. In the Eomish Church, an arrangement and abbreviation of the divine offices or services, which in its full and settled state, in the 12th and 13th. centuries, contained the whole offices — prayers, psalms, hymns, canticles, and lessons — of the canonical hours throughout the year, of the great festivals, saints' days, Sundays, and week- days. These were arranged under their respective days, with rubrics directing to certain hymns or psalms, which occurred frequently, or to the psalter, which formed a portion of the volume. The breviary, as revised under Pope Urban YIII. in 1631, is now the daily office or book of divine service in the Church of Rome. And the value which that Church sets upon the breviary may be known from the strictness with which she 64 EEIEFS. d(3man(ls tlie perusal of it\ Whoever enjoys any ecclesiastical revenue, all persons of both sexes, who have professed in any of the regular orders, all subdeacons, deacons, and priests, are bound to repeat, either in public or in private, the whole service of the day out of the breviary. The omission of any one of the eight portions of which that service consists is declared to be a mortal sin, i.e., a sin that, unrepented, would be sufficient to exclude from salvation. — S. E. D. [See P. E. Z., p. 893.] BRIEFS. These are pontifical letters, sealed in red wax with the seal of the fisherman's ring, and issued from the Court of Eome. They are written in Eoman characters, and sub- scribed by the secretary of briefs (generally a bishop or a cardinal), who is required to have a good knowledge of the legal style of papal documents, and be well versed in the sacred canons. [See B, D. D. H. T.] BRIEFS-CHARITABLE. By the provisions of 4 Anne, cap. 14, intituled " An act for the better collecting of charity money on briefs by letters patent, and preventing abuses in relation to such charities," it was set forth that from the date of the 25th March 1706, all copies of briefs for collecting charity money should be printed by the Queen's printer. That ministers, on some Sunday within two months after the receipt of the copy of such brief or briefs, should, before the sermon, openly read the same in the public congregation. The churchwardens, &c., were to collect the money, and the sum collected was to be endorsed on such printed brief and signed by the minister, &c., and delivered to the undertakers of such brief or briefs. The penalty on ministers, &c., neglecting to conform to these requirements was to forfeit the sum of £20, Undertakers, within six months after delivery, were to demand the briefs from the churchwardens, &c., and the number of monies received thereon; and the number of printed briefs was to be entered in a book. Printed copies of briefs, when received back, were to be deposited with the registrar of the Court of Chancery. In each parish, &c., a register was to be kept of all monies collected. A form of endorsement was to be printed on the back of every printed brief, with proper blanks, and stamped, &c. Farming of briefs was forbidden, and any person agreeing to purchase benefit in a brief was to forfeit the sum of ;!^5oo, to be applied for the benefit of the sufferers in such letters patent mentioned. But by 9 George lY. cap. 42, church briefs were abolished, and royal letters were substituted in their stead, the proceeds of which, from various parishes, were to be devoted to the funds BKOTIIEEIIOODS— BULLS. 65 of the Incorporated Society for Building Churches. The accounts of the society were to be laid annually before par- liament. The balances in the hands of the undertakers of briefs were to be transferred to the funds of the aforesaid society. Provision was also made for compensation to the clerk of briefs, who was to receive a full equivalent for the loss of the net profits of his office, such net profits to be calculated upon an average of the last seven years. [See 4 Anne, cap. 14.] BROTHERHOODS. In an ecclesiastical sense monastic orders. By 37 Henry YIII. cap. 4, they were declared to be very ancient foundations. Their property was in many cases seized upon by patrons and founders. They were dissolved by parliament after the Reformation, and their possessions, under the 9th section of the above-quoted act, were given to the Crown. BULLS. These were briefs or mandates of the Pope or Bishop of Rome, so called from the seal of lead, or sometimes of gold, afiixed to them. To procure, publish, or put in use any of these was, by act of parliament, made high treason. — B, E. L, By 28 Henry YIII. cap. 16, entitled "A provision for dispen- sations and licences heretofore obtained from the see of Rome," all bulls from Rome were abolished. But they were revived by I & 2 Philip and Mary, cap. 8. The penalty awarded by 16 Richard II. cap. 5, for purchasing bulls from Rome, to the pre- judice of the freedom of the Crown of England, was praemunire. The substance of the first section of this statute is that the Crown of England has been free at all times ; that it hath been under no earthly subjection, but immediately subject to God in all things touching the regality of the same Crown, and of none other. But no submission should be made to the Pope, who aimed at the perpetual destruction of our Lord the king, his crown, his regality, and all his realm, which God defend. The Commons and the Lords spiritual and temporal pledged them- selves to the defence of the liberties of the Church of England, and to the Crown as against the pretensions, claims, and usurpa- tions of the Pope, with respect to sentences of excommunication, and the Pope's appointment of bishoprics and benefices, or any other interference with the rights and libQrties of the Church of England ; and all persons getting any bull from Rome containing any matter whatsoever, or publishing or putting the same in use, were to be adjudged traitors to the king and realm, and being thereof lawfully indicted and attainted, according to the course of the laws of the realm, were to suffer pains of death, and to lose and forfeit aU their lands, hereditaments, tenements, goods, and E / . 66 BURIALS m ENGLAND. chattels, as in the cases of high treason by the laws of this realm ought to be lost and forfeited. [See also 2 Hen. lY. cap. 4 ; 7 Hen. lY. cap. 6 ; 13 Eliz. cap. 2.] Further, by the provisions of 13 Elizabeth, cap. 2, sees. 7 & 8, no crosses, or beads, or Agnus Dei, consecrated or hallowed by the Pope, were allowed to be brought into the realm of England ; nor any pardons whatsoever to be brought from Rome, under the penalty of prasmunire. These acts, amongst others,' were repealed by 9 & 10 Yictoria, cap. 59, entitled An act to relieve her Majesty's subjects from certain pains and penalties in regard to religious opinion." BURIALS IN ENGLAND. By the provisions of 6 & 7 Wilham and Mary, cap. 6, sees. 3 & 24, entitled, An act for granting to their Majesties certain duties upon burials,'' the tax upon the burial of an archbishop 'WdiS;^so; an archbishop's wife,^ £10; bishop, ^^20; bishop's wife, dean, ^^^lo; dean's wife, /^2, los. ; archdeacon, ^2, los. ; archdeacon's wife, prebendary, ^^2, los. ; prebendary's wife, £1 ; doctor, ; doctor's wife, the son or daughter of any of these, ; and upon the burial of any person having a real estate of £So ov upwards, £1 ; or upon a personal estate of the value , of £600, and not otherwise hereby charged, under any of • the ranks, orders, qualifications, or degrees mentioned, the' sum of £1 ; and upon the burial of the wife, or widow, ' child or children, of every such person having such real or , personal estate as aforesaid, the sum of ten shillings. All i ministers were to keep a register of persons married^ buried, \ &c., to which all collectors of taxes were to have free access, and ' ministers neglecting to keep such register were to forfeit £100. ' By 7 & 8 William IIL cap. 35, sec. 6, incumbents were to give notice to the collectors of taxes, or one of them, of the burial \ of strangers ; and the penalty for omitting to do so was to be i By 9 & 10 William IIL, ministers, together with the j names of persons buried, &c., were to set down their quality, and \ the names of the persons who were liable to pay the duties. \ ISTeglecting to do this, a penalty of £20 was inflicted. Persons ] liable to pay the said duties and not giving a true account of ' their quality were to forfeit £20. By 48 George IIL cap. 75, churchwardens of the places where any dead body should be cast on shore, were to cause the same to be interred, the minister of the parish was to perform the funeral service, &c., and a reward of five shillings was given to any person or persons giving notice to the parish authorities of bodies thus cast on shore. A penalty BUEIAL LAWS AMENDMENT ACT. 67 of was to be inflicted on persons finding dead bodies and not giving notice of the fact. Expenses were to be paid by the churchwardens of the parish, and the churchwardens were to be reimbursed by the treasurer to the county, on an order of a justice of the peace. The penalty on parish officers neglecting to execute the provisions of this act was to be ;^5. By 4 George lY. cap. 52, persons against whom there was a finding of fdo de se were to be buried privately within twenty-four hours from the finding of the inquisition by the coror^er, and the burial was to take place between the hours of nine and twelve at night, provided, nevertheless, that nothing herein contained shall authorise the performing of any of the rites of Christian burial on an interment of the remains of any such person as aforesaid ; nor shall anything hereinbefore contained be taken to alter the laws or usages relating to the burial of such persons, except so far as relates to the interment of such remains in such churchyard or burial-ground, at such time, and in such manner as aforesaid." BURIAL LAWS AMENDMENT ACT, 1880. Strictly speaking, this act is not so much an act amending the law of burials, as an act amending the law as to burial services. The act confers no new right of burial, and recognises only such right as did previously exist. As to churchyards, it in no way interferes with or prejudices the proprietary vested interests of the incumbent in the freehold of the soil of the churchyard, nor does it lessen his control over it. The act distinctly reserves to him his fees intact. It simply confers a right on the rela- tives or representatives of a deceased person to bury without any religious service, or to use, at the funeral of such deceased person, other service than that provided by the Church of Eng- land in the Book of Common Prayer. It gives liberty to lay members of the Church of England, as well as to the various denominations of Nonconformists, to use any Christian and orderly service at the burials of those whose relatives may desire it. It permits such services to be held at funerals in the conse- crated portions of cemeteries, as well as in churchyards. But nothing in the act applies to churches of churchyards, or chapels of consecrated portions of cemeteries. The church, or the cemetery chapel bell, being a part of such church or chapel, and the tolling of it being a portion of the burial ceremony of the Church of England, it cannot be legally tolled at funerals at which the Church of England Burial Service 68 BURIAL LAWS AMENDME^^T ACT. is not used. The act further confers liberty upon the clergy of the Church of England, under certain circumstances, to use other religious services than the Eurial Service as set forth in the Book of Common Prayer. The 13th clause permits them to use services consisting of prayers taken from the Book of Common Prayer, and portions of Holy Scripture, to be approved by the bishop, in the case of persons who may have died unbaptized, and in other cases in which the office for the burial of the dead may, according to the existing law of the Church of England, not be used. It further gives liberty to the clergy to officiate at funerals in unconsecrated burial-grounds. We subjoin the act in full. 43 & 44 Victoria, cap. 41. After passing of Act notice may he given that Burial will taTce 'place in Churchyard or Graveyard without the Rites of the Church of England, 1. After the passing of this act any relative, friend, or legal representa- tive having the charge of, or being responsible for, the burial of a deceased person may give forty- eight hours' notice in writing, endorsed on the out- side Notice of Burial," to, or leave or cause the same to be left at the usual place of abode of the rector, vicar, or other incumbent, or in his absence the officiating minister in charge of any parish, or ecclesiastical district or place, or any person appointed by him to receive such notice, that it is intended that such deceased person shall be buried within the churchyard or graveyard of such parish, or ecclesiastical district, or place, without the performance, in the manner prescribed by law, of the service for the burial of the dead according to the rites of the Church of England ; and after receiving such notice no rector, vicar, incumbent, or officiating minister shall be liable to any censure or penalty, ecclesiastical or civil, for permitting any such burial as aforesaid. Such notice shall be in writ- ing, plainly signed with the name and stating the address of the person giving it, and shall be in the form, or to the effect, of Schedule (A) annexed to this act. The word "graveyard" in this act shall include any burial-ground or cemetery vested in any burial board, or provided under any act relating to the burial of the dead, in which the parishioners or inhabitants of any parish or ecclesiastical district have rights of burial ; and in the case of any such burial-ground or cemetery, if a chaplain is appointed to perform the burial service of the Church of England therein, notice under this act shall be addressed to such chaplain, but the same shall be given to or left at the office of the clerk of the burial board, if any, in whom any such burial-ground or cemetery may be vested ; provided also, that it shall be lawful for the proprietors or directors of any proprietary cemetery or burial-ground to make such by-laws or regulations as may be necessary for enabling any burial to take place therein in accordance with the pro- visions of this act, any enactment to the contrary notwithstanding. Paupci's, 2. Such notice, in the case of any poor person deceased, whom the BUEIAL LAWS AMENDMENT ACT. 69 guardians of any parish or union are required or authorised by law to bury, may be given to the rector, vicar, or other incumbent in manner aforesaid, and also to the master of any workhouse in which such poor person may have died, or otherwise to the said guardians, by the husband, wife, or next of kin of such poor person, who, for the purposes of this act, shall be deemed to be the person having the charge of the burial of such deceased poor person ; and in any such case it shall be the duty of the said guardians to permit the body of such deceased person to be buried in the manner provided by this act. Time of Burial to he stated, subject to Variation, 3. Such notice shall state the day and hour when such burial is pro- posed to take place, and in case the time so stated be inconvenient on account of some other service having been, previously to the receipt of such notice, appointed to take place in such churchyard or graveyard, or the church or chapel connected therewith, or on account of any by-laws or regulations lawfully in force in any graveyard limiting the times at which burials may take place in such graveyard, the person receiving the notice shall, unless some other day or time shall be mutually arranged within twenty-four hours from the time of giving or leaving such notice, signify in writing, to be delivered to or left at the address or usual place of abode • of the person from whom such notice has been received, or at the house where the deceased person is lying, at which hour of the day named in the notice, or (in case of burial in a churchyard, if such day shall be a Sunday, Good Friday, or Christmas Day) of the day next following, such burial shall take place ; and it shall be lawful for the burial to take place, and it shall take place, at the hour so appointed or mutually arranged, and in other respects in accordance with the notice : provided that, unless it shall be otherwise mutually arranged, the time of such burial shall be between the hours of ten o'clock in the forenoon and six o'clock in the afternoon if the burial be between the first day of April and the first day of October, and between the hours of ten o'clock in the forenoon and three o'clock in the afternoon if the burial be between the first day of October and the first day of April : provided also, that no such burial shall take place in any churchyard on Sunday, or on Good Friday, or Christmas Day, if any such day being proposed hj the notice shall be objected to in writing for a reason assigned by the person receiving such notice. Burial to take place accordingly, 4. When no such intimation of change of hour is sent to the person from whom the notice has been received, or left at the house where the deceased person is lying, the burial shall take place in accordance with and at the time specified in such notice. Regulations and Fees. 5. All regulations as to the position and making of the grave which would be in force in such churchyard or graveyard in the case of persons interred therein with the service of the Church of England shall be in force as to burials under this act ; and any person who, if the burial had taken place with the service of the Church of England, would have been entitled by law to receive any fee, shall be entitled, in case of a burial under this act, to receive the like fee in respect thereof. 70 BUKIAL LAWS AMENDMENT ACT. Burial may he with or without Religious Service. 6. At any burial under this act all persons shall have free access to the churchyard or graveyard in which the same shall take place. The burial may take place, at the option of the person so having the charge of or being responsible for the same as aforesaid, either without any religious service, or with such Christian and orderly religious service at the grave, as such person shall think fit ; and any person or persons who shall be thereunto invited, or be authorised by the person having the charge of or being responsible for such burial, may conduct such service or take part in any religious act thereat. The word Christian service" in this sec- tion shall include every religious service used by any church, denomina- tion, or person professing to be Christian. Burials to he conducted in a Decent and Orderly Manner, and without Obstruction, 7. All burials under this act, whether with or without a religious ser- vice, shall be conducted in a decent and orderly manner ; and every person guilty of any riotous, violent, or indecent behaviour at any burial under this act, or wilfully obstructing such burial or any such service as afore- said thereat, or who shall, in any such churchyard or graveyard as afore- said, deliver any address, not being part of or incidental to a religious service permitted by this act, and not otherwise permitted by any lawful authority, or who shall, under colour of any religious service or otherwise, in any such churchyard or graveyard, wilfully endeavour to bring into con- tempt or obloquy the Christian religion, or the belief or worship of any church or denomination of Christians, or the members or any minister of any such church or denomination, or any other person, shall be guilty of a misdemeanour. Powers for Prevention of Disorder. 8. All powers and authorities now existing by law for the preservation of order, and for the prevention and punishment of disorderly behaviour in any churchj^ard or graveyard, may be exercised in any case of burial under this act in the same manner and by the same persons as if the same had been a burial according to the rites of the Church of England. Act not to give Right of Burial where no previous Right existed. 9. Nothing in this act shall authorise the burial of any person in any place where such person would have had no right of interment if this act had not passed, or without performance of any express condition on whicli, by the terms of any trust-deed, any right of interment in any burial-ground vested in trustees under such trust-deed (not being the churchyard or graveyard, or part of the churchyard or graveyard, of the parish or eccle- siastical district in which the same is situate) may have been granted. Burials under Act to he Registered. 10. When any burial has taken place under this act, the person so having the charge of or being responsible for such burial as aforesaid shall, on the day thereof, or the next day thereafter, transmit a certificate of such burial, in the form or to the effect of Schedule (B) annexed to this act, to the rector, vicar, incumbent, or other officiating minister in charge of the BUEIAL LAWS AMENDMENT ACT. 71 parish or district in wliicli tlie cliurcliyard or graveyard is situate or to which it belongs, or in the case of any burial-ground or cemetery vested in any burial board to the person required by law to keep the register of burials in such burial-ground or cemetery, who shall thereupon enter such burial in the register of burials of such parish or district, or of such burial- ground or cemetery, and such entry shall form part thereof. Such entry, instead of stating by whom the ceremony of burial was performed, shall state by whom the same has been certified under this act. Any person who shall wilfully make any false statement in such certificate, and any rector, vicar, or minister, or other such person as aforesaid, receiving such certificate, who shall refuse or neglect duly to enter such burial in such register as aforesaid, shall be guilty of a misdemeanour. Order of Coroner or Certificate of Registrar to he delivered to Relative, <^c., instead of to Person who buries. 11. Every order of a coroner or certificate of a registrar given under the provisions of section 17 of the Births and Deaths Registration Act, 1874, shall, in the case of a burial under that act, be delivered to the relative, friend, or legal representative of the deceased having the charge of or being responsible for the burial, instead of being delivered to the person who buries or performs any funeral or religious service for the burial of the body of the deceased ; and any person to whom such order or certificate shall have been given by the coroner or registrar who fails so to deliver or cause to be delivered, the same shall be liable to a penalty not exceeding forty shillings, and any such relative, friend, or legal representative so having charge of or being responsible for the burial of the body of any person buried under this act as aforesaid, as to which no order or certificate under the same section of the said act shall have been delivered to him, shall, within seven days after the burial, give notice thereof in writing to the registrar, and if he fail so to do shall be liable to a penalty not exceeding ten pounds. Liberty to use Burial Service of Church of England in Unconsecrated Ground. 12. No minister in holy orders of the Church of England shall be sub- ject to any censure or penalty for officiating with the service prescribed by law for the burial of the dead according to the rites of the said Church in any unconsecrated burial-ground or cemetery, or part of a burial-ground or cemetery, or in any building thereon, in any case in which he might have lawfully used the same service, if such burial-ground or cemetery, or part of a burial-ground or cemetery, had been consecrated. The relative, friend, or legal representative having charge of or being responsible for the burial of any deceased person who had a right of interment in any such unconsecrated ground vested in any burial board, or provided under any act relating to the burial of the dead, shall be entitled, if he think fit, to have such burial performed therein according to the rites of the Church of England by any minister of the said Church who may be willing to per- form the same. Relief of Clergy of Church of England from Penalties in Certain Cases. 13. From and after the passing of this act it shall be lawful for any minister in holy orders of the Church of England authorised to perform the burial service, in any case where the office for the burial of the dead 72 BUESi. according to the rites of the Church of England may not be used, and in any other case at the request of the relative, friend, or legal representative having the charge of or being responsible for the burial of the deceased, to use at the burial such service, consisting of prayers taken from the Book of Common Prayer and portions of Holy Scripture, as may be prescribed or approved of by the Ordinary, without being subject to any ecclesiastical or other censure or penalty. Saving as to Ministers of Church of England, 14. Save as is in this act expressly provided as to ministers of the Church of England, nothing herein contained shall authorise or enable any such minister who shall not have become a declared member of any other Church or denomination, or have executed a deed of relinquishment under the ''Clerical Disabilities Act, 1870," to do any act which he would not by law have been authorised or enabled to do if this act had not passed, or to exempt him from any censure or penalty in respect thereof. Application of Act. 15. This act shall extend to the Channel Islands, but shall not apply to Scotland or to Ireland. Short Title of Act. 16. This act may be cited as the "Burial Laws Amendment Act, 1880.'* SCHEDULES TO WHICH THIS ACT REFERS. Schedule (A). Notice of Burial. I, , of , being the relative [or friend, or legal representative, as the case may be, describing the relation if a relative], having the charge of or being responsible for the burial of A. B., of , who died at , in the parish of , on the day of , do hereby give you notice that it is intended by me that the body of the said A. B. shall be buried within the [here describe the churchyard or graveyard in which the body is to be buried] on the day of , at the hour of , without the performance in the manner prescribed by law of the service for the burial of the dead according to the rites of the Church of England, and I give this notice pursuant to the "Burial Laws Amendment Act, 1880." To the Rector [o^', as the case may be,] of . Schedule (B). I, , of , the person having the charge of (or being responsible for) the burial of the deceased, do hereby certify that on the day of , A. B., of , aged , w^as buried in the churchyard [or graveyard] of the parish [or district] of . To the Rector [or, as the case may be, ] of . BURSA. The name of the case in wliicli the corporale for the altar was kept, and in which it was presented to the priest BURYING— CANDLEMAS DAY. 73 during the celebration of mass. It was of a square form, made of some rich material, ornamented with a cross or some other holy image on the upper side, and lined like a bag with fine linen or silk.— >S'. E, D. BURYING- towards the East For similar reasons to those assigned for worshipping towards the east, the bodies of the dead were formerly deposited in the grave with their feet to the east. This, at least, was the ordinary custom. On this subject, Wheatly says : — " As for the posture or position of the corpse in the grave, it hath been always a custom to bury them with their feet eastward, and their face upwards, that so at the resurrection they may be ready to meet Christ, who is expected from the east, and that they may be in a posture of prayer as soon as they are raised." — S. E. D. BUTTRESS (Fr. aboutir, to lie out). A mass of brickwork or masonry, to support the side of a wall of great height, or pressed on the opposite side by a bank of earth or body of water. Buttresses are employed against the piers of Gothic buildings to resist the thrust of the vaulting. — Gwilt, CALENDAR. In the Prayer-Book a list (in tabular form) of months and days, together with the titles of immovable feasts and holy days ; and also embracing a list of the daily lessons for morning and evening prayer throughout the year. The old style of the calendar was abolished, and the new introduced by the acts 24 George II. cap. 23, and 25 George II. cap. 30. [See 26 Geo. II. cap. 34, sec. 4.] GAMER ARIUS. The chamberlain of a monastery who had the chief care of the dormitory, and provided beds and bedding for the monks, razors and towels for shaving them, and part of (if not all) their clothing. — B. E. L. CAMPANILE. A bell tower so called, sometimes unconnected with the church. CANCELLI. Lattice-work screen in churches. [See Chancel.] CANDLEMAS DAY. A name formerly given to the festival of the Purification of the Virgin Mary. In the ancient Church, this day was remarkable for the number of lighted candles which were borne about in processions and placed in churches, in memory of Him who came to be " a light to lighten the Gen- 74 CANON— CANONICAL HOUES. i tiles," and the glory of His people Israel. From this custom the name is supposed to be derived. In some of the ancient illuminated calendars, a woman (the Virgin Mary), holding a taper in each hand, is represented in the month of February. The following is also given as one of the prayers used at the hallowing of candles : — " 0 Lord Jesu Christ, ►J^ blesse Thou this creature of a waxen taper at our humble supplicacion ; and by the vertue of Thy holy crosse, poure Thou into it an heavenly benediction ; that as Thou hast graunted it unto man's use for the expelling of darknes, it may receive such a strength and blessing thorow the token of Thy holy crosse, that in what places soever it be lighted or set, the divil may avoid out of those habitacions, and tremble for feare, and fly away discouraged, and presume no more to unquiete them that serve Thee," &c. Candle carrying on this day re- mained customary in England till its abolition by an order in council, in the second year of King Edward YI. [See L. J. Z).] CANON. In Church matters a law in discipline, or doctrine ; a list of saints ; a dignitary of the church ; anciently a name for the Creed ; a roll or catalogue of the clergy. CANONICAL COLOURS. Typical colours used by the Church. They are white, red, violet, green, and black. CANONICAL HOURS. Certain portions of time set apart for the performance of divine offices. " The Universal Church,"' says Bishop Patrick, anciently observed certain set hours of prayer, that all Christians throughout the world might at the same time join together to glorify God ; and some of them were of opinion that the evangelical host, being acquainted with those hours, took that time to join their prayers and praises with those of the Church." There were seven canonical hours usually observed by the Church in the middle and lower ages, and they were distinguished as follows : — ist Prime, about 6 a.m. ; 2d, Tierce, about g a.m.; 3d, Sext, about 12 at noon; 4th, Nones, about 2 or 3 p.m.; 5th, Vespers, about 4 or later; 6th, Compline, about 7 ; and 7th, Matins and Lauds, at mid- night. We do not know at what period the " Canonical Hours " of prayer were settled in the Christian Church. The Apostolical Constitutions direct prayers to be offered at dawn, 3d, 6th, 9th hours, evening, and cock-crowing. In time of persecution. Chris- tian assemblies Avere held at night ; and when the cause ceased, the practice was continued in remembrance of their sufl'erings, and commemoration of the martyrs, until experience proved the CANONICAL LIFE— KESIDENCE, 75 dangers of such meetings. Hence the service of " Nocturns " became joined with that of ^' Lauds," and seven hours were appointed for the Church's prayers; at dawn, and the ist, 3d, 6th, 9th, nth, and 12th hours of the day; the names of the services being Matins and Lauds, Prime, Tierce, Sext, Nones, Vespers, and Compline. The services of these hours were to be said in church, and were called " the Divine Office," or " the Canonical Hours ; " they were formed with prayers, psalms, hymns, and canticles, with lessons out of Scripture, and writings of the fathers. — Procter, In England, the hours from eight to twelve in the forenoon are also called ^' Canonical Hours," before or after which the marriage ceremony cannot be legally performed in any parish church, without a licence. [See Canonical, &c., L. J. Z).] CANONICAL LIFE. A rule of living prescribed and followed by the ancient clergy who lived in community. The canonical life was a kind of medium between the monastic and the ordi- nary clerical life. CANONICAL OBEDIENCE. The obedience which is due, according to the canons, to an ecclesiastical superior. In Eng- land every clergyman takes an oath of canonical obedience to his bishop when he is instituted to a benefice or licenced to a cure. [See Ordination.] CANONICAL RESIDENCE. A term indicating that connec- tion of a clergyman, or candidate for orders, with a diocese and its bishop, or ecclesiastical authority, or with a missionary bishop, by which he becomes responsible or amenable to such superior authority for his ministerial acts and moral character. Canonical residence has no necessary connection with actual residence, but simply means canonical or diocesan responsibility. Thus, a clergyman may be actually a resident in one diocese, while he is canonically a resident in another, a thing of everyday occur- rence, and yet not affecting the relation subsisting between such clergyman and his ecclesiastical superior. A clergyman desiring to change his canonical residence, is required to lay before the ecclesiastical authority of the diocese in which he desires to reside a testimonial of his standing and character, and of his wish to be transferred from the ecclesiastical authority of the diocese in which he has last resided ; and on the presentation of such testimonial (or dimissory letter), the bishop, or ecclesiastical authority to whom it is addressed, may receive him under his or their jurisdiction. A letter of dismission does not affect the canonical residence 76 CANONICALS— CANON LAW of the minister receiving it, until he shall be received into some other diocese by the bishop or ecclesiastical authority thereof. — S. E. D. [See 3 & 4 Vict. cap. 113, sec. 3.] CANONICALS. The official dress of the clergy. CANONIST. A professor of ecclesiastical law. CANON LAW is a body of Eoman ecclesiastical constitutions made from time to time for the regulation of matters relating to the Church, and compiled chiefly from the writings of the holy fathers, the decrees of general councils, and the decretal epistles and bulls of the Pope. More particularly of the canon law there are two principal parts, the decrees and the decretals. The decrees are ecclesiastical constitutions made by the Pope and cardinals at no man's suit. These were first collected by Ivo in the year 11 14, and afterwards polished and perfected by Gratian, a monk of Bononia, in the year 1149. The decretals are canonical epistles written by the popes alone, or by the popes and cardinals, at the instance or suit of some one or more, for the ordering and determining of some matter in controversy. Of these there are three volumes : the first, collected by order of Gregory IX. about the year 1231; the second, by Boniface VIII., about the year 1298 ; the third, made by Pope Clement V., and from him called the Clemen- tines," and published by him about the year 1308. To these may be added the " Extra vagants of Pope John XXIL, and of some of his successors. And besides this foreign canon law, we have in this kingdom our legatine and provincial constitutions. The legatine constitutions were enacted in national synods held under the cardinals Otho and Othobon, legates from Pope Gregory IX. and Pope Clement IV., in the reign of King Henry IJL, about the years 1220 and 1268. The provincial constitutions are principally the decrees of provincial synods held under divers archbishops of Canterbury, from Stephen Langton, in the reign of King Henry III., to Henry Chicheley, in the reign of King Henry V, and adopted also by the province of York in the reign of Henry VI. At the dawn of the Eef ormation, in the reign of Henry VIII. , it was enacted in parliament that a review should be made of the canon law ; and, till such review should be had, the said canon law, being then already made and not repugnant to the law of the land or the king's prerogative, should be still used and executed. And as no such review hath yet been perfected, CAXON EELIGIOSOEUM— CANONS IIONOKAKY. 77 upon this statute depends the authority of the canon law in England. The canons made by the clergy in 1603, in the reign of James I., not having been confirmed in parliament, are not allowed to be in force so as to bind the laity further than they are declaratory of the ancient canon law. — B. L, D. CANON RELiaiOSORUM. A book wherein the religious of convents had a fair transcript of the rules of their order, which were frequently held among them as their local statutes ; and this book was therefore called "Eegula and Canon." The public books of the religious were the four following : — 1. ^'Missale," which contained all their offices of devotion; 2. Martyrologium," a register of their peculiar saints and martyrs, with the place and time of passion ; 3. Canon " or Kegula," the institutions and rules of their order ; 4. Necrologium,'' or " Obituarium," in which they entered the deaths of their founders and benefactors, to observe the days of commemoration of them.— r. L, D. CANONRY. A canonry is a name of office, and a canon is the officer, in like manner as a prebendary ; and a prebend is the maintenance or stipend both of the one and the other. [See 3 & 4 Vict. cap. 113.]^ CANONS were originally an order of religious persons that lived under certain rules which they prescribed to themselves, and were divided into two sorts, secular and regular. The secular were so called because they went abroad in the world, and performed spiritual offices to the laity, in the same manner as the canons and prebendaries in cathedral and collegiate churches at this day. Kegular canons were such as lived together under one roof, and were obliged to observe the rules of their order. — B. L. D, Under the provisions of 25 Henry YIII. cap. 19, it was provided that, whereas several canons have been prejudicial to the king's prerogative and the laws and statutes of this realm, the clergy shall not enact any constitution or ordinance without the king's assent." Convocation was in no case to meet without the king's writ. The king was authorised to appoint thirty-two persons to examine canons, and to continue such canons as they thought worthy, and to abridge the residue. No canons were to be executed contrary to the king's prerogative or of the laws of the realm, and all appeals to Eome were forbidden, according to the statute of 24 Henry YIII. cap. 12. [See Appeals.] CANONS HONORARY, FOUNDATION OF. The 23d 78 CANONS MINOE— CANONS KESIDENTIAL. sec. Victoria 3 & 4, cap. 113, sets forth the object for which honorary canonries were instituted. It says : " And whereas it is expedient that all bishops should be empowered to confer distinctions of honour upon deserving clergymen, be it enacted that honorary canonries shall be hereby founded in every cathe- dral church in England in which there are not already founded any non-residentiary prebends, dignities, or offices ; and the holders of such canonries shall be styled honorary canons, and shall be entitled to stalls, and to take rank in the cathedral church next after the canons, and shall be subject to such regu- lations respecting the mode of their appointment, and otherwise, as shall be determined on by the authority hereinafter provided, with the consent of the chapters of the said cathedral churches respectively. And the number of such honorary canons hereby founded in each cathedral church shall be twenty-four ; and it shall be lawful for the archbishops and bishops respectively, if they shall think fit, from time to time to appoint spiritual persons to such honorary canonries, provided that not more than eight of such honorary eanoES shall be appointed in any diocese within the year next after the passing of this act, nor more than two in any subsequent year, except in the case of a vacancy of any honorary canon by death, resignation, or otherwise : provided also that no emolument whatever, nor any place in the chapter of any cathedral church, shall be taken or held by any honorary canon in virtue of his appointment as such canon. Under the provisions of 4 & 5 Victoria, cap. 39, honorary canonries might be held with two benefices." CANONS MINOR. The right of appointing minor canons was in all cases vested in the chapters of the respective cathe- drals. The number in any case was not to be more than six or less than two, and the stipend payable to them was not to be less than 1 50 per annum. Minor canons were not to hold any benefice six miles from the cathedral or collegiate church. CANONS HEGULAR. Eegular canons of monastic orders were such as lived under some rule. They were a less strict sort of religious than the monks, but lived together under one roof, had a common dormitory and refectory, and were obliged to observe the statutes of their order. — B. E, L, CANONS RESIDENTIAL. Under the provisions of 3 & 4 Victoria, cap. 113, residentiary members of chapters, heretofore styled prebendaries, or canons residential, or residentiaries, were to be called canons. The number of canons were to be as follows in the different cathedrals or collegiate churches : — CANONS RESIDENTIAL. 79 The cathedral or collegiate church of Canterbury, 6 ; Dur- ham, 6 ; Ely, 6 ; Westminster, 6 ; Winchester, 5 ; Exeter, 5 ; Bristol, 4 ; Carlisle, 4 ; Chester, 4 ; Chichester, 4 ; Gloucester,- 4 ; Hereford, 4 ; Lichfield, 4 ; Lincoln, 4 ; Manchester, 4 ; Nor- wich, 4 ; St. Paul's (London), 4 ; Peterborough, 4 ; Ripon, 4 ; Rochester, 4 ; Salisbury, 4 ; Wells, 4 ; Windsor, 4 ; Wor- cester, 4 ; York, 4 ; St. David's, 2 ; LlandafF, 2. The canonry at Christ Church, Oxford, was annexed to Lady Margaret's professorship of divinity instead of the canonry at Worcester. Two canonries at Christ Church were annexed to new professorships in the University of Oxford. The pro- visions of this act were not otherwise to be applied to the cathedral church of Christ Church, Oxford. Six canonries were suspended at Durham, Worcester, and Westminster ; eight at St. George's free chapel, Windsor; seven in the cathedral church of Westminster ; three at the cathedral church of Exeter. Two canonries at Ely were to be annexed to the regius pro- fessorships of Hebrew and Greek respectively in the University of Cambridge. Two canonries were suspended at Bristol, Ches- ter, Ely, Gloucester, Lichfield, Norwich, Peterborough, Ripon, Rochester, Salisbury, and Wells respectively. One canonry was suspended in the cathedral church at Hereford. In any cathedral church in which, by the abolitioR of canonries, the number was reduced to four, one of them might be appropriated to the endowment of an archdeaconry. A fourth canonry was founded at St. Paul's (London) and Lincoln. All canonries but one were abolished at South wark, and all but two at St. David's (LlandafF). Non-residentiary deans were suppressed. Non- residentiary deaneries at Wolverhampton, Middleham, Heytes- bury, and Brecon were suppressed. Non-residentiary prebends and officers were not to give right to any endowment. The foundation of honorary canons was authorised. Deans of old cathedrals, excepting those in Wales and the three existing canonries in the cathedral church of St. Paul in London, were to be under the patronage of her Majesty. Canons of the cathedral churches of York, Chichester, Exeter, Hereford, Salis- bury, Wales, Ripon, and Manchester were to be appointed by their respective bishops. No person was to be appointed dean, archdeacon, or canon who had not completed six years in priest's orders, except in the case of a canonry annexed to any profes- sorship, headship, or any other office in a university. Pro- visions were made for the formation of new archdeaconries and rural deaneries. The term of residence for each canon was So CxiNOJ^S SECULAR-CANTEEBUKY. to tliree months, during which, period they were exempt from the duties of any other benefices they might hold. Under the new Bishoprics Act provisions are made for the creation of canons in connection with the cathedrals of the different new dioceses. CANONS SECULAR. Before the dissolution of monasteries by Henry YIII. there were, besides the monks, canons, which were of two forms, regular and secular. The secular were so called because they conversed in seculo, abroad in the world, performed spiritual offices to the laity, took upon them the cure of souls (which the regulars could not do without dis- pensation), and differed in nothing almost from common priests, save that they were under the government of some local statutes. Eor though they were in some places confined to live under one roof as the monks and regular canons did, yet they generally lived apart and were maintained by distinct prebends, almost in the same manner with the canons and prebendaries of other cathedral and collegiate churches at the present day. — B. E. L. CANOPY OF THE ALTAR. Anciently, in the more stately churches, an ornamental canopy used to hang over the altar. It was raised somewhat in the form of a small turret, upon four pillars (the heads of which were richly adorned) at each corner of the altar. CANTATE DOMINO. One of the anthems appointed to be said or sung at evening prayer after the first lesson. CANTERBURY, CATHEDRAL OF. The following notice of the cathedral is compiled from Professor Willis' Architectural History of Canterbury Cathedral," and from Dean Stanley's " Memorials of Canterbury." The Tract" of Gervase referred to is printed in Twysden's ^'Decem Scriptores," and is translated by Professor Willis. " St. Augustine recovered, by the king's assistance, a church which, as he was told, had been constructed by the original labour of Koman believers. This church he consecrated in the name of the Saviour, our God and Lord Jesus Christ ; and there he established an habitation for himself and all his successors." — Bede i. 33. This cathedral was injured by fire by the Danes, a.d. 10 it, in the primacy of Elphege, who was taken prisoner, and after- wards put to death by them. It was entirely destroyed by fire the year after the Conquest, 1067, and was rebuilt on a much more extensive scale by Archbishop Lanfranc, 1070-1077. The only remains, probably, of Lanfranc's church now visible are a CANTERBURY, CATHEDRAL OF. 8i few patches of masonry, although, perhaps in many j)lacGS a surface of later date may conceal portions of his work. Witliin twenty years from its completion the choir was taken down and so greatly enlarged by Archbishop Anselm, or rather by the priors of the monastery, Ernulph and Conrad, c. 1096-1110, as nearly to double the former area of the church. Anselm and his priors built the enlarged choir, the eastern transepts, the Chapels of St. Andrew and St. Anselm, and, beyond the circular east end of the choir, the Chapel of the Holy Trinity, with the crypt which runs underneath all these works. Of these build- ings there remain the crypt, the external walls and other por- tions of the choir, and the Chapels of St. Anselm and St. Andrew. The church, the western part of which was thus built by Lanfranc, and the eastern part by Anselm, was dedicated with great solemnity, 1130, by Archbishop William, in the presence of King Henry I., David, King of Scotland, and all the bishops of England. In 1 1 74, four years after the murder of Becket, the choir was again burnt down. The buildings erected in consequence of this fire remain to the present time substantially unaltered. They were constructed under the direction of two Williams, master architects. By the former, William of Sens, the choir of Ernulph and Conrad was rebuilt, but heightened and enriched. On his being disabled by a fall of fifty feet, William of Sens was succeeded by William the Englishman, who completed the choir, and greatly extended the eastern end of the church, where, instead of the comparatively small Trinity Chapel formerly existing, was built (for the reception of the shrine) the Chapel of St. Thomas, now again called Trinity Chapel, and beyond it, to the east, " Becket's Crown," with the crypt beneath them. The monks were able to enter the new choir for service on Easter Eve, 1180, but it was not until the fiftieth j^ear from the murder that Archbishop Langton, on Tuesday, the 7th July 1220, deposited the remains of his famous predecessor in the shrine prepared for them. The shrine itself was destroyed in 1538, 30 Henry YIII. The stone enclosure round the choir was added about 1305 by Prior Henry de Estria (Eastry), who also inserted in the south wall of St. Anselm's Chapel a remark- able window, still remaining. In 1378, Archbishop Sudbury found that the nave and cen- tral tower and transepts, built by Lanfranc, were dilapidated. They were pulled down, with the exception of the north-western tower of the nave, which remained until 1831; and the present p CANTEEBUEY, SEE OF. nave and transepts, with the lower part of the present cen- tral tower, were built upon the old foundations of Lanfranc's nave by the convent, 13 78-1410, under the superintendence of Prior Chillenden, assisted by Archbishops Courtenay and Arundel. The Chapel of St. Michael, or the Warriors' Chapel, was also built by Prior Chillenden. Prior Goldstone, 1449-68, built the Lady Chapel, now called the Dean's Chapel, and the present south-west tower. Prior Sellynge and Prior Goldstone (the second of that name), about 1495, huilt that part of the central tower which rises above the roof. In the year 183 1, the Dean and Chapter caused the north-west tower, built by Lan- franc, to be pulled down, on account of its dangerous condition, and the present north-west tower to be built by their surveyor, the late G. Austin, Esq., who for many years superintended the works of restoration begun by Dr. Percy, then a prebendary of Canterbury, afterwards Dean of Canterbury, and finally Bishop of Carlisle. Further restoration and improvements were taken in hand under Dean Lyall, and have been carried on on an extensive scale by the Dean and Chapter, in concert with the Ecclesiastical Commissioners. Among the most noticeable of the effects which have already appeared we may mention the renewal of the south porch, and of the east side of the cloisters ; the clearing of the east end of the cathedral, and the bringing to light of the large and interesting remains of the infirmary and its church, which had been embedded in unsightly houses ; the restoration of St. Andrew's Chapel ; the erection of exten- sive and commodious buildings for the cathedral school, and of a new library, which was completed in 1868. This library stands on part of the site of Lanfranc's dormitory, and the western end is chiefly formed by a remaining wall of that ancient building. The niches of the porch above alluded to are filled with statues of kings and archbishops, and other persons con- nected with the history of the cathedral, and it is proposed that all the niches of the west front shall be adorned in like manner, in completion of a scheme prepared by the late Dean. These statues have been gifts from individuals, and about forty out of sixty have been already contributed. — Canterbury Diocesan Church Calendar. CANTERBURY, SEE OF. The See of Canterbury dates from the year of our Lord 597, when St. Augustine, the chief of the mission sent into England by Pope Gregory the Great, was consecrated by the Archbishop of Aries, Archiepiscopus genti Anglorum ordinatus est." CANTEEBUEY, SEE OE. 83 In 601 lie received tlie pall from Gregory, wlio at tlie same time fiirnislied liim with a scheme for the government of tlie Anglo-Saxon Church. It was intended that Augustine should, during his lifetime, be Primate of all England, but that after his death the bishops of London and York should be metropolitans, independent of each other, and taking precedence according to the priority of their consecration, each metropolitan having twelve suffragan bishops under him. This plan, however, having been founded on the Eoman division of Britain, and being unsuitable to the arrangement of the Anglo-Saxon kingdoms, was never carried out. Before his death (605) Augustine consecrated Laurentius to be his successor in the archbishopric ^f Canterbury, the metro- polis of Ethelbert, King of Kent, by whom he had been well received on his landing, and whose authority extended over all the Saxon kingdoms south of the Humber. Laurentius was succeeded by Mellitus, whom the heathen had expelled from the bishopric of London, and the primacy has ever since con- tinued with the See of Canterbury. The British bishops in the West, however, and those of Scot- tish ordination in the North, long refused to submit to St. Augustine and his successors, or to comply with their customs as to the time of Easter, the form of the tonsure, &c. In Wales the Eoman Easter was adopted about 777 a.d. The archbishops of Canterbury are said to have frequently con- secrated the bishops of South Wales during and after the 9th century. After the Norman Conquest jurisdiction over the Church of Wales was more and more exercised by the See of Canterbury, until in 1284 A. Peckham visited all the Welsh dioceses as archbishop, and in 1295 the Welsh Church and state were finally absorbed into the English. In the reign of Offa, King of the Mercians, the See of Lich- field was raised into an archbishopric, with seven dioceses, taken from the province of Canterbury, leaving to the latter arch- bishopric the dioceses of London, Winchester, Sherburn, Eoches- ter, and Selsey. But this partition of the province lasted only a short time, probably about eleven years, 788-799. In 803, at a Council of Cloveshoe, the primacy of the See of Canterbury was formally ratified. Eor about a century after the defeat of Paulinus, the first Archbishop of York, who in 633 was driven from his Northern See and became Bishop of Eochester, the bishops of York were 84 CANTEEBUEY, SEE OF. not metropolitans, and Archbishop Theodore (a.d. 668) and his two successors in the See of Canterbury seem to have had autho- rity north as well as south of the Humber ; but after the con- secration of Ecgberct as Archbishop of York in 743, the then kingdom of J^orthumberland became a distinct province from that of Canterbury. Disputes arose as to the precedence of the Sees of Canterbury and York. The controversy lasted for many years ; it was first visibly begun (passing by former private grudges) between Lanfranc of Canterbury and Thomas of York in the reign of the Conqueror ; continued between William of Canterbury and Thurstan of York in the days of King Henry I. ; increased between Theobald of C^terbury and William of York at the coronation of Henry II., and revived between Eichard of Can- terbury and Eoger of York (a.d. 1176, 2 2d Henry II.) with more than ordinary animosity." In 1280, the 8th Edward I., and in 1309, the second year of Edward II., the Archbishop of York again unsuccessfully claimed the right to carry his cross erect in the province of Canterbury; and at length, in 1353, the matter was referred to King Edward III., when a compromise was arrived at, by the terms of which the precedence remained with the See of Canterbury, and an end was put to a conten- tion of a most unseemly character, though involving important questions of jurisdiction. Until the year 1151, when four Irish archbishoprics were con- stituted in connection with the Eoman See, Lanfranc and the succeeding archbishops of Canterbury consecrated bishops for and exercised some primacy over those parts of Ireland which were held by the descendants of the Danish invaders. Bishops for Dublin were thus consecrated about the years 1089 and 11 22. Anselm consecrated the first Bishop of Waterford at the request of the Irish king, nobles, and four bishops, assembled in council, A.D. 1097. The Archbishop, besides the powers commonly enjoyed by metropolitans, had some singular privileges. In general councils he is said to have been placed before all other archbishops. He received appeals within his province omissis mediis et non gradatim." He received not only from his own province, but from York, Ireland, and the provinces in France possessed by the kings of England, " tuitory appeals," i.e., appeals to the archbishop, interposed between the commencement and the determination of appeals to the Pope. On receiving such an CANTEEEUEY, SEE OF. appeal the Archbishop took STiinmary cognisance of the cause, and adjudged to one of the litigants possession of the thing in dispute, jpendente lite. From 1 138 Archbishop Theobald and his successors were " apostolicse sedis legati nati," having a perpetual legatine power, until this was renounced in the Convocation of 1534. The Archbishop is now styled primate and metropolitan of all England, and may grant such dispensations and licenses, not repugnant to the law of Almighty God, as were wont to be had at the See of Eome, or Avhich are approved by the king or his council. On this is founded the right which he exercises of con- ferring degrees in law, physic, divinity, and music, commonly called " Lambeth degrees." The Archbishop summons (under the king's writ), and he pre- sides at provincial synods. The Bishop of London is his pro- vincial dean, and the Bishop of Winchester his chancellor ; the Bishop of Lincoln anciently was his vice-chancellor ; the Bishop of Salisbury his precentor, and the Bishop of Eochester carried the cross before him. Anciently, the Archbishop nominated the person to be elected Bishop of Eochester, and received from that bishop the same homage which other bishops paid to the king. The Archbishop had the privilege not only of coining money, but (in Saxon times) of stamping the coin with his own portrait. The latter privilege was withdrawn by King Athelstan in 924, after which date the ecclesiastical mintages are only distinguish- able from the royal by some peculiar marks, and these terminate in the reign of Henry YIIL Besides coins of Archbishops Warham and Cranmer, there are extant silver coins of six Saxon archbishops from 763 to 923. The Archbishop crowns the sovereign, and the king and queen are speciales domestici parochiani ipsius," his peculiar parishioners. He consecrates his comprovincial bishops, but not beyond his metropolitical church except by special license from the chapter under their seal. Until the passing of the act 3 & 4 Victoria, cap. 113, on every such occasion he took an "option." The bishops of twenty dioceses in England, and the five metropolitan bishops of Calcutta, Capetown, Montreal, Sydney, and New Zealand, " profess and promise all due reverence and obedience to the Archbishop and the metropolitical church of Canterbury." These five metropolitans have under them more than thirty suf- fragan bishops in the colonies, by each of whom a similar pro- mise of obedience is made to the metropolitan; while other 86 CANTEEBUEY TALES. colonial bishops (as those of the West Indies), who have not yet been placed under a nearer metropolitan, remain under the direct jurisdiction of the Archbishop of Canterbury. Calais was under the jurisdiction of the Archbishop from 2 Eichard II. until its capture in 1558. It has been said that from Archbishop Theodore to Lanfranc, for 399 years, there was a succession of bishops of St. Martin's, Canterbury, who, in the Archbishop's absence, performed all episcopal offices in the diocese. But this has been shown to be improbable. The names of only two bishops of St. Martin's have yet been discovered — Eadsig, a.d. 1035, afterwards pro- bably archbishop, and Godwin, who died to6i. Archbishop Eadsig consecrated Siward, Abbot of Abingdon, as his chore- piscopus '^ and coadjutor," with the title of Episc. Upsallensis, in 1043. The names of five other titular bishops, suffragans to the Archbishop between 1240 and 1515, are known. After the act 26 Henry YIII. cap. 14, three suffragan bishops of Dover w^ere consecrated, 1537-69, besides Cardinal Pole's suffragan, the titular Bishop of Sidon, 1557. The Eight Eev. Edward Parry, Archdeacon of Canterbury, was consecrated suffragan bishop of Dover in 1870. The diocese of Canterbury formerly contained 11 rural deaneries, in which were 281 parishes, besides 34 parishes in the deanery of Shoreham, and about 7 1 elsewhere, which w^ere peculiars, i.e., exempt from the jurisdiction of the bishop of the diocese or other ordinary, and under the peculiar and immediate jurisdiction of the Archbishop. Since the ist January 1846 the deanery of Mailing, nearly the entire deanery of Shoreham, and the greater part of the deanery of Dartford have been added to the diocese, which now consists of the county of Kent (except the city and deanery of Eochester, and nine other parishes in Kent included in the diocese of Eochester), with tL3 parishes of Croydon and Addington, and the district of Lam- beth Palace in Surrey. The first Archdeacon of Canterbury whose name has been preserved is Wilfred, 798-805, afterwards archbishop, 806. A second archdeaconry was constituted in 1841, when Archdeacon William Eowe Lyall (previously Archdeacon of Colchester, and afterwards Dean of Canterbury) was collated to the archdeaconry of Maidstone. — Canterhury Diocesan Church Calendar. CANTERBURY TALES (Chaucer's and Gower's books). The 34 & 35 Henry YIII. cap. i, while prohibiting Tyndal's translation of the Bible and the printing of Bibles and Kew CANTHARUS— CAROLS. 87 Testaments, with note and comment, exempted from such translation all pater nosters, Ave Marias, creeds, primers, prayers, psalters, statutes of the law of the realm, chronicles, Canterbury tales, Chaucer's and Gower's books, and other stories of men's lives, the King reserving to himself the right at any time in the future to make special proclamations for their condemnation or other reproof. CANTHARUS. Anciently a kind of fountain erected in front of a church. CANTICLE. The name of a hymn or psalm used in morn- ing and evening service. CANTOR. The precentor in a church. He occupies the first return stall facing east, or the westernmost if there be no return stalls, on the north or left side on entering the choir. CANTORAL STAFF. A staff of silver or metal, with a cross or dove at the top, used by precentors. CAPELLA. T. A short cloak or cape. 2. A cope. 3. A reliquary. 4. A chapel or oratory. 5. A hood. 6. Sacred vessels. 7. A small hat. CAPITULA RtJRALIA. Assemblies or chapters held by rural deans and parochial clergy within the precinct of every distinct deanery, which at first were every three weeks, after- wards once a month, and more solemnly once a quarter. — Cowel. CAPITULAR. I. That which belongs or appertains to a chapter. 2. A name for a canon, capitular or residentiary. CAPITULUM. I. The chapter of a cathedral, from the canons or rules to be observed. 2. The meeting of a chapter. 3. A chapter-house. 4. A hall of justice. CAPPA. A cope, tippet, or chest for relics. CAPPA MAGNA. A cope with richer orphreys than the ferial one ; it is authorised by the old English canons and pro- vincial constitutions. CAPUCHINS. The Capuchins and other distinctions of the Franciscans beyond the seas chiefly arose since the English Reformation, and never had any place here. — B. E. L, CARDINAL ALTAR. The high altar of St. PauFs Cathe- dral. CAROLS. Certain hymns, simple in construction and of a joyful character, which people are accustomed to sing at Christ- mas in memory of our Lord's nativity and in imitation of the song of the angels. Hymns of a similar character, sung at Easter, are sometimes called carols. 88 CAEMELITES. The Christmas carol is of high antiquity ; indeed, the angels' hymn of " Glory to God in the highest," recorded in St. Luke^s history of our Lord's nativity, has been sometimes cited as the first instance of this sort of holy song. Bishop Jeremy Taylor says, As soon as these blessed choristers had sung their Christmas carol, and taught the Church a hymn, to put into her offices for ever in the anniversary of this festivity, the angels returned into heaven." And with reference to the Angelical Hymn, in the Communion Service, L'Estrange re- marks, "It is called the Angelical Hymn because the first part thereof is the Nativity Carol, sung by the angels." Milton also thus mentions the same hymn : * ' His place of birth a solemn angel tells To simple shepherds, keeping watch by night ; They gladly thither haste, and by a choir Of squadroned angels hear His carol sung." This hymn was introduced at a very early period into the offices of the Christian Church, and in process of time other hymns of the same sort appear to have been formed after this example. In Brand's " Popular Antiquities " we read that " in the earlier ages of the Church the bishops were accustomed on Christmas Day to sing carols among their clergy." Before the era of the Eeformation the singing of Christmas carols was very commonly practised in England, as well as in other countries of Christendom. In a poem, entitled " The Popish Kingdom," written about the middle of the i6th cen- tury, occurs the following mention of carols in the account of Christmas Day ; — * ' Then comes the day wherein the Lorde did bring His birth to passe ; Whereas at midnight up they rise, and every man to masse. Three masses every priest doth sing upon that solemne day, "With offerings unto every one, that so the more may play." —S. E. D. CARMELITES. The Carmelite or mite Friars (the former of which names they had from the place of their first residence, and the latter from the colour of their habit), came into this kingdom after the Trinitarians. They were also called brethren or friars of the Blessed Virgin. They pretended to great an- tiquity, but the first certain account we have of them is at Mount Carmel, in Palestine, about the year 1238. Their rule, which was chiefly that of St. Basil, is said to have been given CAETIIUSIANS— CATECHISM. 89 them by Albert, Patriarcli of Jerusalem, about the year 1205. They were brought into England in the year 1240 by the Lords Vesey and Eichard Grey, and had their first houses at Aln- wick, in ISTorthumberland, and Aylesford, in Kent. Of this order there were about forty houses in England and Wales. — B. E. L, CARTHUSIANS. The Carthusian monks were also a branch of the Benedictines, whose rule they followed, with the addition of a great many austerities. Their author was one Bruno, born at Cologne, in Germany, who first instituted the order at Chart- reux (Cartusia), in the diocese of Grenoble, in France, about the year 1080. Their houses were called Chartreux houses, which by corruption have degenerated into Charter houses. Their rule was the most strict of any of the religious orders, for they were never to eat flesh, and were obliged to feed on bread, water, and salt one day in every week. They wore a hair-shirt next their skins, and were allowed to walk only about their own grounds once a week. They were brought into England about the year 11 80 by King Henry IL, and had their first house in Witham, in Somersetshire. Their habit was all white except their outward plaited cloak, which was black. There were but nine houses of monks of this order in England. — B. E. L. CARTULAEIES. A name formerly given to certain papers in which the contracts, exchanges, privileges, immunities, and other acts that belonged to churches and monasteries were collected. CASSOCK. The under-dress of all orders of the clergy. It resembles a long coat, with a single upright collar. In the Church of Eome it varies in colour with the dignity of the wearer. Priests wear black ; bishops, purple ; cardinals, scarlet; and popes, white. In the Church of England, black is worn by all the three orders of the clergy ; but bishops, upon state occa- sions, often wear purple coats. The 74th English canon enjoins that beneficed clergymen, &c., shall not go in public in their doublet and hose, without coats or cassocks. — S. E. D. CATECHISM. I. By Canon 59, every parson, vicar, or curate, upon every Sunday and holiday, before evening prayer, shall, for half an hour or more, examine and instruct the youth and ignorant persons of his parish in the Ten Commandments, the Articles of the Belief, and in the Lord's Prayer, and shall dili- gently hear, instruct, and teach them the catechism set forth in the Book of Common Prayer ; and all fathers, mothers, masters, and mistresses shall cause their children, servants, and appren- tices, which have not learned the catechism, to come to the 90 CATCHLAND— CATHAEINE WHEEL. churcTi at the time appointed, obediently to hear, and to be ordered by the minister until they have learned the same. And if any minister neglect his duty herein, let him be sharply reproved upon the first complaint, and true notice thereof given to the bishop, or ordinary of the place. If, after submitting himself, he shall willingly offend therein again, let him be suspended. If so the third time, there being little hope that he will be therein reformed, then excommunicated, and so remain until he be reformed. And likewise, if any of the said fathers, mothers, masters, or mistresses, children, servants, or apprentices shall neglect their duties, the one sort in not causing them to come, and the other in refusing to learn, as aforesaid, let them be suspended by their ordinaries (if they be not children); and if they so persist by the space of a month, then let them be excommunicated. 2. By the rubric, " The curate of every parish shall diligently upon Sundays and holi- days, after the second lesson at evening prayer, openly in the church, instruct and examine so many children of his parish sent unto him as he shall think convenient in some part of the catechism. And all fathers and mothers, masters and dames, shall cause their children, servants, and apprentices (which have not learned their catechism), to come to the church at the time appointed, and obediently to hear and be ordered by the curate, until such time as they have learned all that therein is appointed for them to learn." 3. That part of the church which treats of the sacraments is not in the 2 nor 5 Edward YL, but was added in the beginning of King James L's reign, upon the con- ference at Hampton Court. 4. In the office of public baptism, the minister directs the godfathers and godmothers to take care that the child be brought to the bishop to be confirmed by him, so soon as he or she can say the Creed, the Lord's Prayer, and the Ten Commandments in the vulgar tongue, and be further instructed in the Church Catechism set forth for that purpose. [See 54 Geo. III. cap. 106.] — B, E. L, CATCHLAND. In Norfolk there are some grounds which it is not known to what parish they certainly belong, so that the minister who first seizes the tithes does by that right of pre- occupation enjoy them for that year ; and the land of this dubious nature is there called catchland, from this custom of seizing the tithes. — Goivel. CATHARINE WHEEL. In Gothic buildings, an orna- mented window, or compartment of a window, of a circular form, with rosettes, or radiating divisions or spokes. — Gwilt C ATHEDEAL - C ATHEDEAL CIIUECHES. 9 1 CATHEDEAL. After the establishment of Cliristianity the Emperors and other great men gave large demesnes and other possessions for the maintenance of the clergy, whereon were built the first places of public worship, which were called catJiedrce^ cathedrals^ sees, or seats, from the clergy's residence thereon. And when churches were built in the country, the clergy were sent out from the cathedrals to officiate in those churches, the cathedral or head seat remaining to the bishop, with some of the chief of the clerc^y as his assistants. — B. L. D. CATHEDEAL CHUECHES. By 3 1 Henry YIII. cap. 9, it w^as enacted that the sloth of certain religious orders and monas- teries being known, and their revenues capable of being em- ployed to better purposes, they should be employed to the creation of new bishoprics, cathedrals, &c. ; and the king should have power to erect and endow such new bishoprics, and to devise translation -of the statutes appertaining thereto, under his great seal, which was to be as good strength and authority as if done by parliament. But as the provisions mentioned in the aforesaid statutes, though drawn up and delivered to the several bodies corporate concerned, were not indented according to the form of the said foundations, the statute was declared void, and re-enacted and confirmed by i Mary, sess. 3, cap. 9, with addi- tional provisions defining and guarding the prerogatives of the sovereign and his heirs for ever over the specified foundations. The said quoted act was confirmed by i Elizabeth, cap. 22, and 6 Anne, cap. 21. By i James II. cap. 15, and 8 & 9 William III. cap. 14, provisions were made by a tax on coals coming into the port of London for the rebuilding, finishing, and adorning of the cathedral church of St. Paul, and also for repairing the collegiate church of St. Peter at Westminster. These provisions w^ere confirmed and enlarged by i Anne, stat. 2, cap. 12. By 8 & 9 Victoria, cap. 70, sec. 4, it was provided that where any part of a cathedral church had been accustomed to be used as a parochial church, the transfer of the rights, endowments, &c., belonging to such parochial church might, with certain consents, be made by the church-building commissioners of the new church, and the parochial church w^as thenceforth to be under the same control and subject to the same laws as to repairs as existed with respect to the cathedral church, and the part of the cathedral referred to, ceasing to be used as the paro- chial church, was thenceforth to be subject to the same control as other parts of the cathedral, and to be repaired out of the same funds. 92 CATHEDEAL PEEFEEMENT— CAVEAT. CATHEDRAL PREFERMENT is, by i & 2 Victoria, cap 106, defined to be — " Every deanery, archdeaconry, prebendary, canonry, office of minor canon, priest, vicar, or vicar-choral, having any endowment belonging thereto, or belonging to any body corporate consisting of persons holding any such office, and every subdeanery or chancellorship of the Church, and other dignities and offices in any cathedral or church, or masterships, warder- ships, or fellowships, in any collegiate church." CATHEDRATICUM. In honour of the cathedral church, and in token of subjection to it, every parochial minister within the diocese at one time paid to the bishop a small annual pension, called cathedraticum ; but, from its being usually paid at the bisho])'s synod or visitation, it usually went under the name of synodals. — B. L, D, CATHOLIC CHURCH. The distinguishing title of ;the Christian Church. CATHOLIC LEAGUE. A league formed by Catholics in 1576, whose object was the re-establishing of the Eomish reli- gion in England, and it is alleged also the extermination of such as would not submit to Papal authority. CAUTELS. Directions to the priest for celebrating mass, and rules how to proceed in case of accidents. CAUTIONE ADMITTENDA. A writ that lies against a bishop, who holds an excommunicated person in prison for con- tempt, notwithstanding he offers sufficient caution or security to obey the orders and commandment of the Church for the future. And if a man be excommunicated and taken by a writ of significavit, and after offers caution to the bishop to obey the Church, and the bishop refuseth it, the party may sue out this writ to the sheriff to go against the bishop, and to warn him to take caution, &c. ; but if he stands in doubt whether the sheriff will deliver him by that writ, the bishop may purchase another writ directed to the sheriff reciting the case and the end thereof. —T. L, D. CAVEAT. A process in the spiritual court to stop the insti- tution of a clerk to a benefice or probate of a will, &c. When a caveat is entered against an institution, if the bishop after- wards institute a clerk, it is void, the caveat being a super- sedeas ; but a caveat has been adjudged void when entered in the lifetime of the incumbent, though if it is entered dead or dying," it will last good one month ; and if the incumbent dies, till six months after his death. So a caveat entered against a will stands in force for three months ; and this is for the cau- tion of the ordinary, that he do no wrong. — T, L, D, CELEBEANT— CEEEMONIAKIUS. 93 CELEBRANT. The priest who celebrates mass. CELEBRATE. The work of the officiating priest, the cele- brant, in the whole action of the celebration of the Eucharist, as distinguished from its administration. CELEBRATED DISPUTATIONS. The designation of cer- tain disputations on the doctrine, worship, and ceremonies of the Komish Church, held in 1554, when Cranmer, Eidley, and Latimer were pronounced to be obstinate heretics. CELEBRATION, HIGH. A name for high mass. CELEBRATION, LOW. The service of mass as performed by a single priest with a server. CELEBRATION, SOLEMN. The same as high mass. CELLERARIUS. The cellarer in a monastery, who was to procure provisions for the monks and all strangers resorting to the convent, viz., all sorts of flesh, fish, fowl, wine, bread, corn, malt, meal, salt, and the like, as likewise wood for firing, and all utensils for the kitchen. — B, E. L. CEMETERY. A name given to a burial-ground, indicating a sleeping-place, and that death is but a sleep. The name, ceme- tery, in this country, is given to certain places of interment other than churchyards, which, where need be, are required, and con- stituted, and regulated by certain acts of parliament. [The fol- lowing are the chief acts pertaining to them : — 43 Geo. III. cap. 108 ; 51 Geo. III. cap. 115 ; 56 Geo. III. cap. 141 ; 58 Geo. III. cap. 45 ; 59 Geo. III. cap. 134 ; 3 Geo. lY. cap. 72 ; 9 Geo. lY. cap. 31 ; I & 2 Will. lY. cap. 38 ; 2 & 3 Will. lY. cap. 61 ; i Yict. cap. 75 ; I & 2 Yict. cap. 107 ; 2 & 3 Yict. cap. 49; 3 & 4 Yict. cap. 60 ; 7 & 8 Yict. cap. 56 ; 8 & 9 Yict. cap. 70 ; 9 & 10 Yict. cap. 68 j 9 & 10 Yict. cap. 88 ; 10 & 11 Yict. cap. 65; II & 12 Yict. cap. 37; and 11 & 12 Yict. cap. 71. See also Burial Laws Amendment Act, 1880.] CENSER. A vessel filled with lighted charcoal on which incense is sprinkled, the perfumes of which escape through holes in the lid. CENSUALES. A species or class of the oblati or voluntary slaves of churches or monasteries, those who, to procure the protection of the Church, bound themselves to pay an annual tax or quit-rent out of their estates to a church or monastery. — T, L, D. CERE- CLOTH, i. Cloths prepared with wax, and wound round corpses as winding-sheets. 2. A cloth dipped in wax and placed over the slab of altars in the Western Church. CEREMONIARIUS. The ecclesiastic charged with the direc- tion of the ritual in a solemn service. 94 CEEEMOMES— CESSION CEEEMONIES declared to he illegal. The following prac- tices as a part of the ceremonial in or during the conduct of divine service have been decided to be illegal : — The use of lighted candles on the altar at morning prayer, or at other times when not required for the purpose of giving light ; the use of incense for the purpose of censing things and persons ; standing before the holy table with back to the people while reading the Collects next before the Epistle and Holy Communion Service, or the Collects following the Creed or Epistle ; mixing water with wine during the celebration of Holy Communion, or using wine thereat previously mixed with water ; elevating the paten or cup above the head, and using wafer bread instead of such bread as is usually eaten ; or using crucifixes or images cere- monially as a part of the service. See the decisions of the Judicial Committee of the Privy Council in the cases of Elphin- stone V. Purchase, and Martin v. Mackonochie. But these deci- sions have not been universally accepted by the Church. CERTIFICATES. By the provisions of 13 & 14 Charles II. cap. 4, sees. 4 & 11, 23 George 11. cap. 28, 55 George III. cap. 184, sec. 2, the following certificates were to be charged with stamp-duty : — Certificates of admission to bachelor of arts, ;^3 ; certificates of admission to any other degree, ;£io ; certifi- cates of marriage, 5 s. ; certificate of any person having received the Holy Sacrament, 5 s. CERTIFYING OF BAPTISM. The preliminary requirement for admission into the Church in the case of children or adults who may have been privately baptized. CESSAVIT. A writ which lies when a man who holds lands by rent or other services ceases to perform his services for two years together ; or where a religious house hath lands given it on condition of performing some certain spiritual service, as reading prayers or giving alms, and neglects it; in either of which cases if the cesser or neglect shall have continued for two years, the lord or donor and his heirs shall have a writ of cessavit to recover the land. — L. D, [See 13 Edw. 1. stat. i, cap. 41.] CESSION (cessio), signifies a ceasing, yielding up, or giving over ; and is when an ecclesiastical person having a benefice with cure of souls takes another benefice incompatible. In the reign of King Henry YIII. it was enacted that if any one hav- ing a benefice with cure of souls of ;£S a year or upwards in the king's books, accepts any other without a dispensation, the first shall be adjudged void, and the patron may present as if the CESTEECIENSES— CHALICE. 95 incumbent had died or resigned. And a vacancy tlius made for want of a dispensation is called cession. But the avoidance of the former benefice doth not take place, as to lapse, till induction to the second ; for though the patron hath six months from the induction to present to save the incurring of a lapse, yet he may, if he pleases, present before the induction. Cession is not made by taking a deanery, archdeaconry, pre- bend, or rectory where there is a vicarage endowed, because the statute only extends to benefices with cure of souls. But where an ecclesiastical person is made bishop, his former benefices become void by cession, and the king shall present to the benefices so vacated ; for the avoidance made by promotion to a bishopric is only changing one life for another, and there- fore is no prejudice to the patron; for which reason the law allows the king to present for that turn. But the king, if he please, may grant to the bishop a dispensation to retain his former preferment — B, L, D. [See 21 Hen. VIII. cap. 13.] OESTERCIENSES. When this monastic order, mentioned in 35 Edward I. stat. i, cap. i, existed, they were to have the common seal to prevent alienation of lands or property, which common seal was to be laid by in safe keeping under the private seal of the abbot of each religious house, and all rights, obligations, donations, purchases, sales, alienations, or other contracts not hav- ing this seal attached to them, were void and of no force in law. CHAIES, ALTAE. In several of the rubrics mention is made of the bishop " sitting in his chair, near to the holy table." See the "Ordering of Deacons," the ^'Ordering of Priests," the " Consecration of Bishops," and the " Consecration of a Church or Chapel." These chairs were not found, as permanent articles of furniture, in the ancient churches ; for in cathedrals the bishop occupied his throne or used a fald-stool when sitting near the altar; and when he visited a parish church, ^' where the episcopal throne was, of course, unnecessary, a chair was usually provided [for the occasion] on the north side of the altar, except, as often happened, the bishop brought his own fald-stool. After the Reformation, however, when the officiat- ing minister was removed into the body of the church, the priests' stalls and the sedilia became gradually disused ; and to meet the requirements of the temporary fald-stool for the bishop, or of a seat for an occasionally assistant clergyman, altar- chairs were permanently supplied." CHALICE. The cup, i^ually richly embellished, in which 96 CHALICE VEIL— CHANCEL. 1 the consecrated wine is administered in the celebration of Holy Communion. Bede affirms that the chalice used by Jesus Christ at the supper had two handles, and held just half a pint, which the ancients imitated. In the primitive times the chalices were of wood. Pope Zephyrine first appointed them to be (tf silver and gold ; though others ascribe this to Urban I. Leo lY. forbade tin and glass, as did likewise the Council of Calcyth in England. Horn, Lindanus, and Beatus Rhenanus, who had seen some of the ancient chalices in Germany, observe that they had a pipe or tube fitted artfully to them, through which tlie people sucked, instead of drinking. — C. G, By Canon 20, the churchwardens, near the time of every com- munion, shall, at the expense of the parish, " with the advice and direction of the minister, provide a sufficient quantity of fine white bread and of good and wholesome wine, which wine shall be brought to the communion table in a clear and sweet standing pot or stoop of pewter, if not of purer metal." The chalice, or cup for the wine, shall be found by the parishioners. CHALICE VEIL. Made of diverse material, and varying in colour with the season. It is used for covering the chalice when it is carried to and from the altar. CHANCEL of a church {cancellus)^ is so called, a cancellis, from the lattice-w^ork partition between the choir and the body of the church, so framed as to separate the one from the other, but not to intercept the sight. Generally, the rector or parson is bound to the repair of the chancel ; but where the custom hath been for the parish, or for the vicar, or for the owner of a particular estate, to repair the chancel, that custom is good. And the repairing of the chancel is prima facie a discharge from contributing to the repairs of the church. It hath been said that the parson or rector impropriate is entitled to the chief seat in the chancel ; but by prescription another parishioner may have it. But where there is no pre- scriptive right it seems that the bishop hath the same power of disposing of the seats in the chancel as he hath in the body of the church. — B. L. D. The chancel is of very great antiquity. In the Primitive Church it was held so sacred that, in time of divine service, the laity were not permitted to enter it. The names, also, by which its several parts were designated were in accordance with this sentiment. Among these were the " Sanctuary," the Holy," the *^ Inaccessible." In the midst of the Sanctuary proper, or CIIANCELLOK— CHAN TEE. 97 Sacrarium, stood the altar, at a sufficient distance from the wall in the rear to admit of a tier of seats for the bishop and his presbyters, with a space between them and the back of tlie altar. On one side was the prothesis or side-table, and on the other a place for the deacons. — ;S^. E. D. [See P. E. Z., p. 1777.] CHANCELLOR of a Cathedral. His office is thus described in the Monasticon, viz., to hear the lessons and lectures read in the church, either by himself or his vicar ; to correct and set right the reader when he reads amiss ; to inspect schools, to hear causes, apply the seal, write and despatch the letters of the chapter, keep the books, take care there be frequent preachings, both in the church and out of it, and assign the office of preach- ing to whom he lists. — E. C. C. CHANCELLOR of a Diocese is an ecclesiastical officer under the bishop, whose office includes in it the power both of an official principal and vicar-general. The proper work of an official is to hear causes between party and party concerning wills, legacies, mortuaries, and other like temporal matters. The office of vicar-general is the exercise and administration of jurisdiction purely spiritual, as visitation, correction of manners, granting institutions, and the like, with a general inspection of men and things, in order to the preserving of discipline and good govern- ment in the Church. — B. L. D, [See P. E. Z., chap, iv.] Anciently, no married men were permitted to act as chan- cellors of the diocese or exercise ecclesiastical jurisdiction, but under the provisions of 37 Henry YIII. cap. 17, it was rendered lawful for doctors of civil law, being unmarried, to act as chan- cellors of dioceses, any law, constitution, or ordinance to the contrary notwithstanding. [See 39 Eliz. cap. 6.] CHANCELLOR OF THE DUCHY OF LANCASTER. Com- missioners of Woods, with the consent of the treasurer of the Duchy of Lancaster and Cornwall, and bodies politic, &c., were enabled to grant sites for building churches or chapels, with or without cemeteries thereto, and also any houses, appurtenances, and gardens for the residence of the spiritual person who might serve the church or chapel. [See 58 Geo. III. cap. 45, sec. 34.] CHANT. A kind of church music ; words of a psalm or hymn recited to musical tones. CHANTER {cantator). A singer in the choir of a cathedral church, and is usually applied to the chief of the singers. This word is mentioned in a statute of Elizabeth's. At St. David s Cathedral in Wales the chanter is next to the bishop, for there is no dean. — T, L. D, [See 13 Eliz. cap. 10.] G 98 CHANTRY— CHAPEL. CHANTRY, CHAUNTRY. This was commonly a little cliapel, or particular altar, in some cathedral or parochial church, endowed with lands or revenues for the maintenance of a priest to pray for the souls of the founder and his friends. A man might make a chantry by licence of the king without that of the ordinary. The main use and intent of these chantries was for prayers for souls departed, on a supposition of purgatory, and on being released from thence by the saying of masses ; and prayer for such souls was the general matter of all obits, anni- versaries, and the like, which were but several forms of prayers for souls. These chantries were dissolved by the statute of I Edward YI. cap. 14. — B, E. L, [See 37 Hen. YIII. cap. 4.] CHANTRY PRIEST. A priest who was maintained by private endowments to celebrate mass for the founder of a chantry. CHAPEL (cajpelle, Fr. chapelle)^ is either adjoining to a church for performing divine service, or separate from the mother church, where the parish is wide, which is commonly called a chapel of ease. Chapels of ease are built for the ease of those parishioners who dwell far from the parochial church. These chapels are usually served by curates, provided at the charge of the rector, &c, ; and the curates are therefore remov- able at the pleasure of the rector or vicar ; but chapels of ease may be parochial, and have a right to sacraments and burials, and to a distinct minister, by custom (though subject in some respect to the mother church) ; and parochial chapels differ only in name from parish churches, but they are small, and the inhabitants within the district are few. In some places chapels of ease are endowed with lands or tithes, and in other places by voluntary contributions ; and in some few districts there are chapels which baptize and administer the sacraments, and have chapel-wardens ; but these chapels are not exempted from the visitation of the ordinary. Besides the before-mentioned chapels there are free chapels, perpetually maintained and provided with a minister, without charge to the rector or parish, or that are free and exempt from all ordinary jurisdiction ; and these are where some lands or rents are charitably bestowed on them. There are also private chapels, built by noblemen and others, for private worship in or near their own houses, maintained at the charge of those noble persons to whom they belong, and provided with chaplains and stipends by them. Such chapels may be erected without leave of the bisliop, and need not be consecrated, though they CIIAPELRY— CHAPELS. 99 anciently were so, nor are tlicj subject to tlie jurisdiction of the ordinary. There are likewise chapels in the universities belonging to particular colleges, which, though they are consecrated, and sacraments are administered there, yet they are not liable to the visitation of the bishop, but of the founder. [See 7 & 8 Geo. IV. cap. 72 ; 37 Hen. YIII. cap. 4; and i Edw. YI. cap. 14.] CHAPELRY. The bounds or jurisdiction of a chapel. CHAPELS FOR BURIAL SERVICE. 9 & 10 Victoria, cap. 68, authorises the Church Building Commissioners to direct that one chapel shall be used by different parishes or places for which burial-grounds contiguous to each other shall have been provided. The ministers of each parish may use the chapel, the same fees being payable as are due in parishes for which ground has been purchased. The bishop of the diocese may declare, in the sentence of consecration, that such chapel is intended for the use of such respective places. CHAPELS OF EASE, i Edward YI. cap. 14, confiscating the property of chantries, was not to apply to any " chapel made or ordained for the ease of the people dwelling distant from the parish church, or such-like chapel, whereunto no more lands or tenements than the churchyard or a little house or close doth belong." Chapels of ease not having eccle- siastical districts attached to them were to be repaired by the parishes for which they were built. [See 58 Geo. III. cap. 45, sec. 70. CHAPELS (PRIVATE) ACT. 31 & 32 Victoria, cap. 118, sec. 31, provides that " the chapel of every school to which this act applies shall be deemed to be the chapel dedicated and allowed by ecclesiastical law of this realm for the purpose of public worship and the administration of the sacraments, accord- ing to the liturgy of the Church of England, and to be free from the jurisdiction or control of the incumbent of the parish in which such chapel is situated." By 32 & 33 Victoria, cap. 86, sec. 53, it is enacted that "the chapel of an endowed school subject to this act, which either has been before or after the commencement of this act consecrated, according to law, or so authorised for the time being by the bishop of the diocese in which the chapel is situate, by writing under his hand to be used as a chapel for such school, shall be deemed to be allowed by law for the purpose of public worship and the administration of the sacraments according to the liturgy of the Church of England, and shall be free from the jurisdic- 100 CHAPEL ROYAL tion and control of the incumbent of the parish in which such chapel is situated." By virtue of an act to amend and define the law relating to private chapels, and to chapels belonging to colleges, schools, hospitals, asylums, and other public institutions, 34 & 35 Vic- toria, cap. 66, passed in 187 1, it is provided that "the bishop of the diocese within which any such chapel belonging to any college, school, hospital, asylum, or public or charitable institu- tion is situated, whether consecrated or unconsecrated, may licence a clergyman of the Church of England to serve such chapel and administer therein the sacrament of the Lord's Supper, and perform such other offices and services of the Church of England as shall be specified in such licence, provided that the bishop shall not include in any such licence the solemnisa- tion of marriage, and may, if he think fit, revoke the same at any time." By sec. 2 it is enacted that " the minister officiating in such chapel shall, with respect to the purposes of the office and ser- vice of the church specified in such licence, be subject to no control or interference on the part of the incumbent of the parish or district in which such chapel is situate, but nothing herein contained shall prejudice or affect the rights of such incumbent to the entire cure of souls throughout such parish or district elsewhere than wdthin such institution and the chapel thereof." By sec. 3 " the offertory and alms collected at any chapel subject to the provisions of this act shall be disposed of as the minister thereof shall determine, subject to the direc- tion of the ordinary." By sec. 4 the act may be quoted as the ^'Private Chapels Act, 187 1." — See P. E. L., vol. ii. pp. 1835, 1836. CHAPEL ROYAL. A chapel attached to the court of the sovereign and not within the bishop's jurisdiction. It has a dean, priests, choristers, &c. CHAPLAIN, NAVAL. Form of appointment of, by the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, &c. : — To Rev. A. B., hereby appointed cliaplain in her Majesty's Fleet, we do, by virtue of the power and authority to us given, hereby constitute and appoint you chaplain in her Majesty's Fleet, authorising and requir- ing you from time to time to repair on board and to take charge as chap- lain in any ship or vessel to which you may hereafter at any time be duly appointed, and you are properly to officiate in all things relative to the duty of your station, strictly observing and executing the printed regula- CHAPLAINS. lOI tions and instructions relative to your department, and being obedient to such commands as you shall from time to time receive from your captain or other your superior officers. And for so doing this shall be your com- mission. " Given under our hands and the seal of the office of Admiralty this day of i8 , in the year of her Majesty's reign. " S. C. Dacres. ^' CAMrERDOWN. * ' By command of their lordships, y. L. "Seniority." CHAPLAINS. The Judges of the High Court of Chancery, the Queen's Bench, and the Common Pleas, and also the Attor- ney and Solicitor General, may appoint and retain in their houses one chaplain, each holding at the same time one benefice and cure of souls, such chaplains to be exempted from resi- dence on their benefices. The Chancellors of the Duchy of Lancaster, of the Court of Augmentations, of the Court of First Fruits and Tenths, also the Master of Wards and Liveries, and other specified parties, have the privilege of severally appointing one chaplain each, such chaplains being required to resort to their benefices for the space of eight days twice in every year. 25 Hen. YIIL cap. 16, 33 Hen. YIIL cap. 28.] County unatic asylums must have chaplains in full orders licenced by the bishop. [9 Geo. IV. cap. 40, sec. 32.] The Poor Law Commissioners may direct chaplains to be appointed with salaries to union workhouses for the spiritual guidance and reli- gious instruction of the inmates thereof. [See 4 & 5 Will. lY. cap. 76, sees. 15, 19, 46, & 109.] Chaplains appointed to officiate at any foreign port or place in Europe, or at any port or place out of Europe, are to be appointed by the Crown through one of the Secretaries of State, their salaries in Europe are not to exceed ;^5oo a year; out of Europe, not to exceed ;£Soo a year. Chaplains are appointed to officiate in gaols by the Justices of the Peace at Quarter Sessions, who fix their salaries, which are to be paid out of the county rates. Such chaplains must be licenced by the bishop, and keep a journal and perform the work specified. They are disquali- fied from holding a benefice with their chaplaincy. [See 13 Geo. III. cap. 58 ; 55 G^o. III. cap. 48 ; 4 Geo. lY. cap. 64, sees. 28 & 30.] Assistant chaplains may be appointed. [For full particulars as to duties, &c., see sec. 30 of the last-quoted act.] Chaplains of the royal navy only may be presented to the rectories of Simonburn, Wark, Bellingham, Thorneyburn, Fall- 102 CHAPTEE. stone, or Greystead, in the county of ISTorthumlberlancl, or to tlie chapelry of Humshaugh, and they may hold these rectories together with half chaplain's pay. [See i Geo. IV. cap. 1 06.] Chaplains in the army may retain their half-pay though presented to and in possession of ecclesiastical benefices. [See 51 Geo. III. cap. 117, sec. 33; 52 Geo. III. cap. 154, sec. 32, &c.] A person retaining a chaplain must not only he capable thereof at the time of granting the instrument of retainer, but he must continue capable of qualifying till his chaplain is advanced; and therefore if a duke, earl, &c., retain a chaplain, and die, or if such a noble person be attainted of treason, or if an officer qualified to retain a chaplain is removed from his office, the retainer is determined ; but where a chaplain hath taken a second benefice before his lord dieth, or is attainted, &c., the retainer is in force to qualify him to enjoy the benefices. A chaplain must be retained by letters testimonial under hand and seal, or he is not a chaplain within the statute ; so that it is not enough for a spiritual person to be retained by word only to be a chaplain by such person as may qualify by the statutes to hold livings, &c., although he abide and serve as chaplain in the family. And where a nobleman hath retained and thus qualified his number of chaplains, if he dismisses them from their attendance upon any displeasure after they are pre- ferred, yet they are his chaplains at large, and may hold their livings during their lives ; and such nobleman, though he may retain other chaplains in his family, merely as chaplains, he cannot qualify any others to hold pluralities whilst the first are living; for if a nobleman could discharge his chaplain when advanced to qualify another in his place, and qualify other chaplains during the lives of chaplains discharged, by these means he might advance as many chaplains as he would, whereby the statutes would be evaded. — T, L. D., also P. E. L,, pp. 594-608. CHAPTER {capitulum). A congregation of clergymen under the dean in a cathedral church. This collegiate company is metaphorically termed capitulum, signifying a little head, it being a kind of head, not only to govern the diocese in the vacation of the bishopric, but also in many things to advise and assist the bishop when the See is full, for which, with the dean, they form a council. The chapter consists of prebendaries or canons, which are some of the chief men of the Church, and CHAPTEE-IIOUSE. 103 therefore are called capita ecdesim. They are a spiritual corpo- ration aggregate, which they cannot surrender without leave of the bishop, because he hath an interest in them ; they, with the dean, have power to confirm the bishop's grants. — T. L. R The chapter has now no longer any share in the administra- tion of the diocese during the life of the bishop, but succeeds to the whole episcopal jurisdiction during the vacancy of the see. The origin of chapters is derived from hence, that anciently the bishops had their clergy residing with them in their cathedrals, to assist them in the performance of sacred offices and in the government of the church ; and even after parochial settlements were made, there were still a body of clerks who continued with the bishop, and were indeed his family, maintained out of his income. After the monastic life grew into request, many bishops chose monks rather than seculars for their attendants. These bodies, either of monastics or seculars, had the same privilege of choosing the bishop and being his council, which the whole clergy of the diocese had before ; but, by degrees, their dependence on the bishop grew less and less ; and then they had distinct parcels of the bishop's estate assigned them for their maintenance ; till at last, the bishop had little more left than the power of visiting them. On the other hand, these capitular bodies by degrees also lost their privileges ; particularly that of choosing the bishop, for which the kings of England had a long struggle with the Pope : but at last Henry YIII. got this power vested in the crown, and now the deans and chapters have only the shadow of it. The same prince likewise expelled the monks from the cathedrals, and placed secular canons in their room ; those he thus regulated are called deans and chapters of the new founda- tion : such are Canterbury, Winchester, Worcester, Ely, Carlisle, Durham, Rochester, and Norwich : such also are the chapters of the four new Sees of Peterborough, Oxford, Gloucester, and Bristol.—^. L. D. The bishop hath the power of visiting the dean and chapter : but the dean and chapter have nothing to do with what the bishop transacts as ordinary. Though the bishop and chapter are but one body, yet their possessions are for the most part divided ; as the bishop hath his part in right of his bishopric, the dean hath a part in right of his deanery ; and each prebendary hath a certain part in right of his prebend, and each too is incorporated by himself. [See P. E. L., vol. i. p. 147.] 1 04 CHARGE— CHASUBLE. CHAPTER-HOUSE. The hall or room in which the dean and chapter meet for the despatch of business. [See i Anne 2, cap. 12, sec. 4.] CHARGE. The address delivered by a bishop or ordinary at a visitation of the clergy under his jurisdiction. A charge may be considered in most instances rather in the light of an admonitory exhortation than of a judgment or sentence, although the ordinary has full power in the charge to issue authoritative commands, and to cause them to be obeyed by means of the other legal forms, for the exercise of his ordinary jurisdiction. It appears also that the clergy are legally bound by their oath of canonical obedience and by their ordination vows to obey their ordinary in all things lawful and honest. It is customary for archdeacons and other ecclesiastics having peculiar jurisdiction to deliver charges. Archdeacons have a charge of the parochial churches within the diocese to which they belong, and have power to hold visitations when the bishop is not there. — E, L, CHARITIES, DIVISION OF. Under the Charitable Trusts Acts, 1853, 1855, and i860, parochial and other endowed charities are placed under the inspection of the Charity Com- missioners, and are subject to the control of the Charity Com- missioners and the Court of Chancery, as the case may be. In the case of ancient parishes being divided into two or more ecclesiastical parishes, the ancient endowments belonging to the original and mother parish may, under certain circumstances, be divided amongst them, and new trustees for each parish may be appointed to hold and administer their funds ; and the trustees of every charity are required by the provisions of the act to render a yearly account of such charities on or before the 2Sth day of March in each year, and also to forward a copy of such accounts to the Charity Commissioners. Eor other particulars see the Acts. CHARTER HOUSE. In past times a convent in London of Carthusian monks. CHARTOPHYLAX. In the ancient monasteries, an officer who had the custody of the muniment-room containing all the charters and title-deeds. CHASUBLE, CHASIBLE. An ecclesiastical garment for- merly worn in the English Church at the celebration of the Holy Eucharist, but now fallen into disuse. Dr. Pinnock says : — " It was a large and pliant garment, covering the arms and entire body down to the feet. When laid flat on the ground it was perfectly circular, and had an aperture in the centre for CHEST FOR ALMS. the head. In the Middle Ages it assumed the oval shape of the vesica piscis for clerics, and hung down before and behind in long rounded points, the shorter diameter of the oval passing across the shoulders to the elbow, so as to leave the arms less encumbered. It was sometimes arranged in folds over the arms ; but in more modern times the Eomish Church have cut away the sides entirely. The Greek Church retains the ancient, large, and full robe. The chasuble was very rarely seen with a hood (cappa or capsa). It was said to represent the tunic of the ephod" mentioned in Exod. xxviii. 31, 32. The chasuble was made of plain or embroidered cloth, velvet, figured silk, baudekyn, and cloth of gold and silver. The colour varied according to the canonical season, and was either black cloth of gold, &c., blue, green, purple, red, white, violet, yellow, &c. The chasuble was also frequently ornamented with bands or orphreys of various colours, embroidered, or of lace, in emblems and devices, and occasionally with pearls and jewels. These bands were sometimes straight, pallium-shaped ( y), or like a cross or crucifix, and appeared on the back or front, or both. The chasuble was originally worn by laics and clerics ; subsequently by bishops, priests, deacons, and the inferior orders. It is used in many cases in the Church of England at the administration of the Lord's Supper as the proper habit for the celebrant priest. We find it enjoined likewise in Archbishop Winchelsea's Con- stitution." Custom, however, has, for a long time, set aside the general use of the chasuble or vestment among the clergy of the Church of England. [See P. E. L., p. 930.] CHEST FOR ALMS. In an act in 27 Henry YIIL for the punishment of sturdy vagabonds, it was enacted that money collected for the poor should be kept in the common coffer or box standing in the church of every parish. By Canon 84, it was laid down that the churchwardens should provide a strong chest with a hole in the upper part thereof, to be provided at the charge of the parish, and having three keys, of which one was to be retained by the parson, vicar, or curate, and the other two to remain in the custody of the churchwardens for the time being ; which chest should be fastened in a convenient place, so that the parishioners might place in it their alms for their poor neighbours. And it was further enacted that the parson, vicar, or curate shall from time to time, and specially when men make their testaments, call upon, exhort, and move their neighbours to confer and give as much as they can spare to the said chest, declaring unto them that whereas heretofore they have been I o 6 CHIMEEE— CHOIE. diligent to bestow mucli substance otherwise than God com- manded upon superstitious uses, now they ought, at this time,! to be much more ready to help the poor and needy, knowing that to relieve the poor is a sacrifice which pleaseth God, and that also whatsoever is given for their comfort is given to Christ Himself, and is so accepted of Him that He will merci- fully reward the same. The which alms and devotion of the people the keeper of the keys shall yearly, quarterly, or oftener, as is required, take out of the chest, and distribute the same in presence of most of the parish, or of six of the chief of them, to be truly and faithfully delivered to their most poor and needy neighbours. CHIMERE. The upper robe worn by a bishop, to which the lawn sleeves are generally sewed. Before and after the Reformation, till Queen Elizabeth's time, the bishops wore a scarlet chimere or garment over the rochet, as they still do when assembled in Convocation ; but Bishop Hooper, having super- stitiously scrupled at this as too light a robe for episcopal gravity, it was, in her reign, changed into a chimere of black satin. — Wlieatly, Dr. Hody, in his ^'History of Convocation," says, "That in the reign of Henry YIII. our bishops wore a scarlet gar- ment under the rochette ; and that in the time of Edward YI. they wore a scarlet chimere, like the doctor's dress at Oxford, over the rochette, which, in the time of Queen Eliza- beth, was changed for the black satin chimere used at present ~S. K D. CHOIR. That part of a church, cathedral, &c., where the clergy and choristers or singers are placed. The choir is distinguished from the chancel or sanctuary, where the communion is celebrated ; as also from the nave or body of the church, where the people are placed. The patron is said to be obliged to repair the choir of a church, and the parishioners the nave. The choir was not separated from the nave till the time of Constantine ; from that time the choir was railed in with a balustrade, with curtains drawn over, not to be opened till after the consecration. In the 12th century they began to enclose the choir with walls, but the ancient balustrades have been since restored, out of a view to the beauty of the architecture. The chantor is master of the choir. In nunneries the choir is a large hall adjoining to the body CIIOIE-SCEEEK— CHOEEPISCOPUS, 107 of the cliiirch, separated by a grate, where the religious sing the office.—^, a a CHOIR- SCREEN. A screen in some churches which separates the choir from the body of the church or from the side aisles. CHOP-CHURCH is a w^ord mentioned in a statute of King Henry YL, by the sense of which it was in those days a kind of trade, and by the judges declared to be lawful ; but Brooke, in his " Abridgment," says, it was only permissible by law. It was without a doubt a nickname given to those that used to change benefices ; as to chop and change is a common expres- sion. — T, L, D. CHORAL (choralis), signifies any person that by virtue of any of the orders of the clergy was in ancient time admitted to sit and serve God in the choir. Dugdale, in his " History of St. Paul's Church," says that there were formerly six vicars choral belonging to that church. CHORALE. A book consisting of a selection of hymns and antiphons, with musical notes. CHORAL COPE (capa in choro). A cape not so good as that to be used at festivals, but to be worn by the priest who presided at the saying or singing of the hours. — B, E. L. CHORAL SERVICE or CATHEDRAL SERVICE. The musical rendering of divine service, which has ever been prac- tised in the principal churches throughout the world, and which the Church of England, in accordance with her uniform recog- nition of catholic usages, has retained. — S. E, D. CHOREPISCOPUS. In early periods of the Church this name was given to certain country bishops (as the term signifies) who were distributed in the regions surrounding the chief cities where the governing bishops presided. Some considerable differ- ence of opinion has existed relative to the true ministerial order of the chorepiscopi, some contending that they were mere pres- byters, others that they were a mixed body of presbyters and bishops, and a third class that they were all invested with the authority of the episcopal office. That the latter opinion, how- ever, is the correct one is maintained by Bishop Barlow, Drs. Hammond, Beveridge, Cave, and other eminent divines of the English Church, together with Bingham in his Antiquities of the Christian Church." Their origin may probably be referred to a desire on the part of the city or diocesan bishops to supply the churches of the neighbouring country with more episcopal services than they could conveniently render. Some of the best qualified presbyters were therefore consecrated bishops, and thus io8 CHOEISTEE— CHRISTENING. empowered to act in tlie stead of the principal bishop, though in strict subordination to his authority. Hence we find them ordaining presbyters and deacons under the licence of the city bishop, and Confirmation was one of their ordinary duties. Letters dimissory were also given to the country clergy by the chorepiscopi, and they had the privilege of sitting and voting in synods and councils. The difi'erence between the chorepiscopus and what was at a later period denominated a sufi'ragan is scarcely appreciable, both being under the jurisdiction of a superior, and limited to the exercise of their powers within certain boundaries. The suffragan has indeed his own proper diocese, while the chorepiscopus acted within the diocese of his superior ; but this and a slight difi'erence in the power of juris- diction seem to be all the essential points of distinction between the two offices. — S. E. Z)., also E. C, C, and P. E. i., p. 94. CHORISTEE. Properly a singer in a church choir. The term is sometimes incorrectly limited to the leader of a choir. In strict propriety the name of " chorister is scarcely appli- cable to any but the members of a choir, consisting of men and boys. The choirs of the English cathedrals, collegiate, and large parish churches are always thus constituted, and the prac- tice of employing female voices in the choral department of the liturgy is a variation from the long-established usage of the Church.— /S^. E. D. CHRISMATIS DENARII {clirisom pence). Money paid to the diocesan or his suffragan by the parochial clergy for the chrisom^ consecrated by them about Easter, for the holy uses of the year ensuing. This customary payment being made in Lent, near Easter, was in some places called quadragesimals, and in others paschdls and Easter pence. The bishop's exaction of it was condemned by Pope Pius XL for simony and extortion, and thereupon the custom was abolished by some of our English bishops. — T. L. D. CHRISM ATORY. A vessel which held the sacred oil or chrism. CHRISME. The holy oil with which heretofore all infants baptized were anointed. It was consecrated by the bishops, and by a constitution of Archbishop Peccham was to be renewed every year. — B. E. L. OHRISOME in the office of baptism was a white vesture W'hich the priest put upon the child, saying, " Take this white vesture for a token of innocency," and so on. — B. E. L. CHRISTENINQ. The act of baptizing and naming ; initia- tion into the Christian religion. CHEISTIAN— CIIUECII OF ENGLAND. 109 CHRISTIAN NAME. The name given at baptism on ad- mission into the Christian Church. CHRISTMAS DAY. The festival of our Lord's nativity would appear to have been celebrated from the earliest times in the Christian Church, though not everywhere on the same day. Clement of Alexandria says that some kept it on May 20th, while others kept it a whole month earlier. The larger part of the Eastern Church kept it concurrently with the Feast of the Epiphany on January 6th, there being a tradition that our Lord was baptized upon that day. In this double festival were com- memorated our Lord's manifestation in the flesh (the theophania, as it was called) and His manifestation as the Son of God at His baptism. The Church of Constantinople altered the day on which the festival was celebrated to December 25 th, and was soon after followed by other Churches, though to this day the Armenian Church continues to celebrate Christ- mas and Epiphany on January 6th. The apostolical constitu- tions probably followed some ancient tradition in saying, " Let the Festival of the Nativity be observed by you on the 25 th day of the ninth month" {i.e., reckoning from the vernal equi- nox). — Evan Daniel. [See 7 & 8 Geo. lY. cap. 15." CHURCH OF ENGLAND. By 24 Henry YIIL cap. 12, the power, wisdom, and learning of the English Church were set forth, and its competency of its self, apart from Kome, to interpret the Divine law, and to administer all such offices and duties as appertain to the spirituality was declared. Its endow- ments were declared to have been given to it by the kings of England and the nobles of the realm, with all other honours and possessions. The laws made for its jurisdiction, spiritual and temporal, were claimed to have been made by divers kings, with the nobility and commons of the realm, which laws, it was asserted, the See of Eome attempted to violate and to abrogate. The inconveniences arising from the See of Eome interfering with the ecclesiastical affairs of the realm were set forth, and it was declared that all causes appertaining to, and determin- able by, any spiritual jurisdiction, should be adjudged to be, and to remain, within the authority of the crown of England, not- withstanding any appeals to, or inhibitions from Eome. " In the history of no kingdom," says the Dean of Arches, in a recent judgment in his court, "is the independence of the National Church written with a firmer character than in that of England in the statutes of the realm, in the decisions of judicial tribunals, and the debates of parliament. The Constitutions of 1 10 CHUECH OF ENGLAND. Clarendon in the reign of Henry 11. , 1164, though directly aimed at the repression of the inordinate claims and privileges of the National Church, were, no doubt, indirectly calculated to establish the independence of England as against the claims of papal supremacy ; and therefore when the King sought Pope Alexander's ratification of them, that Pontiff rejected and annulled all but six out of sixteen memorable articles. The statute of provisors, 25 Edward III. stat. 6, a.d. 1350, recites that the Holy Church was founded in the state of prelacy within the realm of England, by the kings and nobles of England, and forbids the prevalent abuse of the Popes bestowing benefices upon aliens, " benefices which be of the advowry of the people of the Holy Church," the reservation of first-fruits to the Pope, and the reservation of benefices to Eome. Persons receiving citations from Eome in causes pertaining to the king, &c., were liable to the penalty of 25 Edward III. stat. 6. [See Edward III. stat. 2, cap. I.] In answer to a request from Eoman Catholic princes that she would allow the Eoman Catholic places of worship, Queen Elizabeth replied that she would not allow them to keep up a distinct communion, alleging her reasons in these remark- able words : Eor there was no new faith propagated in England, no religion set up but that which was commanded by our Saviour, practised by the Primitive Church, and unanimously approved by the fathers of the best antiquity." The words of Sir John NichoU in giving judgment in an ecclesiastical case are : The law of the Church of England and its history are to be " deduced from the ancient general canon law, from the particular constitutions made in this country to regulate the English Church, from our own canons, from the rubric, and from any acts of par- liament that may have passed upon the subject, and the whole may be illustrated also by the writings of eminent persons." In another case of judgment in an ecclesiastical case. Lord Abinger said : " The learned judges have, I think, satisfactorily derived it, namely, the ecclesiastical law of England, from the constitu- tions of the synods and councils in England before the authority of the Pope was acknowledged in this country. I take that part only of the foreign law to be the ecclesiastical law of Eng- land which has been adopted by parliament or the courts of this country." Dr. Phillimore says : " The law of the Church of England is, then, derived from the leading general councils of the undivided Church, from the practice and usage incorporating portions of the general canonical jurisprudence, from provincial constitutions, from canons passed by her clergy, and confirmed CHURCH, BUILDING OE. Ill by the Crown in Convocation, and from statutes enacted by parliament, that is, the Crown, the spirituality, and the tempo- rality of the realm." [See P. E. L., chap. iv. vol. i. p. 13.' CHUECH, BUILDING OF (ecdesia). A temple or building consecrated to the honour of God and religion, and anciently dedicated to some saint. The manner of founding churches in ancient times, was, after the founders had made their applications to the bishop of the diocese and had his licence, the bishop or his commissioners set up a cross, and set forth the churchyard where the church was to be built, and then the founders might proceed in the building of the church, and when the church was finished the bishop was to consecrate it ; and then, and not before, the sacraments were to be administered in it. But by the common law and custom of this realm, any person may build a church without licence from the bishop, so as it be not prejudicial to any ancient churches, though the law takes no notice of it as a church till consecrated by the bishop, which is the reason why church and no church, &c., is to be tried and certified by the bishop. The ancient ceremonies in consecrating the ground on which the church was intended to be built, and of the church itself after it was built, were thus : when the materials were provided for building, the bishop came in his robes to the place, &c., and having prayed, he then perfumed the ground with incense, and the people sung a collect in praise of that saint to whom the church was dedicated ; then the corner-stone was brought to the bishop, which he crossed and laid for the foundation; and a great feast was made on that day, or on the saint's day to which it was dedicated ; but the form of consecration was left to the discretion of the bishop, as it is at this day. The form of consecration is founded on the solemn and affecting address of Solomon on the dedication of the temple built by him in Jerusalem. A church in general consists of three principal parts, that is, the belfry or steeple, the body of the church with the aisles, and the chancel ; and not only the freehold of the whole church, but of the churchyard, are in the parson or rector, and the parson may have an action of trespass against any one that shall commit any trespass in the church or churchyard, as in the breaking of seats annexed to the church, or the windows, taking away the leads or any of the materials of the church, cutting the trees in the churchyard, &c. A statute was passed in King George IIL's reign to promote 112 CHURCH, BUILDING OF. the building, repairing, and providing of churclies and chapels, and of houses for the residence of ministers, and churchyards and glebes.'' Persons possessed of estates in their own right may, by deed enrolled (in England, under a statute of Henry YIII. ) or by will executed three months before their decease, give lands not exceeding five acres, or goods and chattels not exceeding ;^Soo, for the purposes of the act. This act does not extend to infants, femes covert, or incapacitated persons. Only one such gift shall be made by one person, and where the gift exceeds the legal amount the chancellor may reduce it. Plots of land not exceeding one acre, held in mortmain, may be granted by exchange or benefaction, for being annexed to a church, &c. In all parochial churches and chapels to be erected, accommo- dation was to be provided for the poor. By a statute passed in the reign of George III. the king is empowered to vest lands in any person for building any church, chapel, parsonage house, &c. ; and by the same act, any person seized in fee-simple of any manor, &c., may grant five acres of the waste to any parochial church or chapel. By a further statute of George III. for promoting the building of additional churches in populous parishes in England and "Wales, the Crown is empowered to authorise the Treasury to issue Exchequer bills to the amount of one million, on which the bank may advance money for the purposes of the act. Commissioners, to be appointed by the Crown, are required to examine into the state of parishes and extra-parochial places, and to ascertain in what places additional churches or chapels are most required for the exercise of the established religion of the Church. These commissioners were authorised to grant and lend sums out of the said million for building such churches or chapels, or assisting in building them, when a proportion of the expense is raised by the subscriptions of, or rates on, the inhabi- tants of any parish or place. On the representation of the commissioners parishes may be divided into separate smaller parishes, or into ecclesiastical districts. All laws as to the publication of banns and the per- formance of marriages, christenings, churchings, and burials, are extended to such new churches and chapels. The commissioners are empowered to accept lands for the site of churches and churchyards, which corporations, tenants for life, &c., are empowered to give. Bishops are authorised to direct the per- formance of a third service and sermon on Sundays, &c. Two churchwardens are to be chosen for each new church and chapel, CHUECH-BUILDING ACTS— CIIUECII. 1 1 3 one by the incumbent, and one by the inhabitants. Eree seats are to be provided in all the new churches and chapels ; pews therein may be let ; no graves are to be made in the churches ; existing churches may he enlarged by parishioners, who may borrow money of the commissioners for that purpose, securing the repayment on the parish rates. By a statute of George III. the commissioners for building these new churches are incorporated. Further powers are also given them. They are empowered to unite parts of contiguous parishes into ecclesiastical districts for the purpose of the acts, and to build chapels for the use of such districts, and several other regulations are made for effectuating the intent of the legislature on this important measure. — T. L. D, [See 9 Anne, cap. 22; 10 Anne, cap. 11; 43 Geo. III. cap. 108; 27 Hen. VIII. cap. 16; 51 Geo. III. cap. 115; 54 Geo. III. cap. 117; 56 Geo. III. cap. 141 ; 58 Geo. III. cap. 45 ; 59 Geo. III. cap. 134; 3 Geo. IV. cap. 72 ; 5 Geo. IV. cap. 103 ; and 7 Geo. IV. cap. 30.] CHURCH-BUILDING ACTS. These acts, amongst other things, authorise the building and endowment of churches, the erection of vicarages, pulling down of parish churches and making certain churches parish churches, the conversion of vicarages into rectories, vesting of the patronage in perpetuity of churches in those building and endowing the same, the building of new churches without districts, &c. [For full particulars see the various statutes appended, i.e. — 8 Eliz. cap. 13, sees. 1-4; 19 Car. II. cap. 3, sees. 31-33; 22 Chas. II. cap. 11, sees. 41-43, 62, 64-67 ; I Jas. II. cap. 15 ; 8 & 9 Will. III. cap. 14 ; I Anne, stat. 2, cap. 12 ; 9 Anne, cap. 22 ; 10 Anne, cap. 11 ; 12 Anne, stat. i, cap. 17 ; i Geo. I. stat. 2, cap. 23 ; 4 Geo. I. cap. 5; 5 Geo. I. cap. 9; 3 Geo. II. cap. 19; 6 Geo. II. cap. 21 ; 6 Geo. II. cap. 25, sec. 20; 14 Geo. III. cap. 78, sees. I & 2 ; 51 Geo. III. cap. 115 ; 52 Geo. III. cap. 161, sec. 27 ; 59 Geo. III. cap. 134; 3 Geo. IV. cap. 72; 5 Geo. IV. caps. 36 & 103 ; 7 & 8 Geo. IV. cap. 72 ; i & 2 Will. IV. cap. 38 ; I Vict. cap. 75 ; I & 2 Vict. cap. 107 ; 2 & 3 Vict. cap. 49 ; 3 & 4 Vict. cap. 60 ; 8 & 9 Vict. cap. 70 ; 9 & 10 Vict. cap. 68.] CHURCH, HER RIGHTS AND LIBERTIES. The follow- ing is the preamble of 9 Henry III. : — Edward, by the grace of God King of England, Lord of Ireland, and Duke of Guy an, to all to whom these presents shall come greeting. We have seen the great charter of the Lord Henry, some time King of England, our father, of the liberties of England, in these words : H 114 CHURCH, HER EIGHTS AND LIBERTIES. Henry, by tlie grace of God King of England, Lord of Ireland, Duke of Normandy and Guyan, and Earl of Anjou, to all arch- bishops, bishops, abbots, priors, earls, barons, sheriffs, provosts, officers, and to all bailiffs, and other our faithful subjects which shall see this present charter, greeting. Know ye that we, unto the honour of Almighty God, and for the salvation of the souls of our progenitors and successors, kings of England, to the advancement of Holy Church and amendment of our realm, of our mere and free will have given and granted to all arch- bishops, bishops, abbots, priors, earls, barons, and to all freemen of this our realm, these liberties following, to be kept in our kingdom of England for ever." The rights and liberties of the Church set forth in Magna Charta were confirmed by 9 Henry III. in the following words : — First, we have granted to God, and by this our present charter have confirmed for us and our heirs for ever, that the Church of England shall be free, and shall have all her whole rights and liberties inviolable; " and by 9 Henry III. cap. 14, it was declared that no man of the Church shall be amerced after the quantity of his spiritual benefice, but after his lay tenement and after the quantity of his offence. By 9 Henry III. cap. 37, it was reserved to all archbishops, bishops, abbots, priors, templars, hospitallers, earls, barons, and all persons as well spiritual as temporal, all their free liberties and free customs which they have had in time past. " And all these customs and liberties aforesaid, which we have granted to be holden within this our realm, as much as appertaineth to us and our heirs, we shall observe ; and all men of this our realm, as well spiritual as temporal (as much as in them is), shall observe the same with respect to theirs, in likewise. And for this our gift and grant of these liberties, and of others contained in our charter of liberties of our forest, the archbishops, bishops, abbots, priors, earls, barons, knights, free- holders, and other our subjects, have given unto us the fifteenth part of all their movables. And we have granted unto them for us and our heirs, that neither we nor our heirs shall procure or do anything whereby the liberties in this charter contained shall be infringed or broken, and if anything be procured by any person contrary to the premises, it shall be held of no force or effect." Then follows the signatures of the archbishops, bishops, noblemen, &c., of England. A confirmation of the aforesaid liberties of the Church was made by Edward I., in words setting forth that "although some articles in the before-named charter have not hitherto perhaps CHUECH OF ENGLAND, STATUS OF. 115 been observed, we will, and by authority royal command, from henceforth firmly they be observed." In 37 Henry III. the sen- tence of curse given by the bishops against the breakers of the great charter was declared in the year of our Lord 1253, the 3d day of May, in the great hall of the King at Westminster, in the presence and by the assent of the Lord Henry, by the grace of God King of England, the Lord Eichard, Earl of Corn- wall, his brother, Eoger Bygot, Earl of ISTorfolk and Suffolk, Marshal of England, Humphrey, Earl of Hertford, Henry, Earl of Oxford, John, Earl Warren, and other estates of the realm, by Boniface, by the mercy of God Archbishop of Canterbury, and all other the English l3ishops, apparelled in full pontificals, with tapers burning, against the breakers of the Church's liberties, and of the liberties or other customs of the realm, who denounced the sentence of excommunication in this form : — " By the autho- rity of Almighty God, the Father, the Son, and the Holy Ghost, and of the glorious Mother of God and perpetual Virgin Mary, of the blessed apostles Peter and Paul, and of all apostles and of all martyrs, of blessed Edward, King of England, and of all saints in heaven, we excommunicate, accurse, and from the benefits of our holy mother the Church we sequester all those that hereafter willingly and maliciously deprive or spoil the Church of her rights," &c. This curse, &c., was confirmed under the seals of all the prelates present. CHURCH OF ENGLAND (STATUS OF). On this subject the following, in substance, is taken from Dr. Phillim ore's Eccle- siastical Law," vol. i. p. 3, &c. The learned author says : — A grave and carefully considered manifesto, brought forth in the year 185 1, at the time of the last Papal aggression, on her behalf, by two archbishops and twenty bishops of England, dis- tinctly declared " the undoubted identity of the Church before and after the Reformation, and that at this epoch she purged her- self from certain corruptions and innovations of Eome and estab- lished " one uniform ritual," but " without in any degree severing her connection with the ancient Catholic Church ; " so also at the time of the foundation of the Anglican bishopric of Jerusalem, the Archbishop of Canterbury gave the new bishop a ''letter commendatory " to the " right reverend preachers in Christ, the prelates and members of the Apostolical Church of Syria and the countries adjacent ; " and in an explanatory statement, pub- lished by authority, it was declared to be the duty of the new bishop " to establish and maintain, as far as in him lies, relations of Christian charity with other Churches represented at Jerusalem, ii6 CHUECH OF Ei^GLAISTD, STATUS OF. and in particular with the Orthodox Greek Church." In 1867, eight primates and sixty-eight bishops assembled from all parts of the globe, under the presidency of the Metropolitan of Canterbury. The resolutions of this -conference were prefaced by the following introduction : — " We, bishops of Christ's Holy Catholic Church, in visible communion with the united Church of England and Ireland, professing the faith delivered to us in Holy Scripture, maintained by the Primitive Church and by the fathers of the English Reformation, now assembled by the good providence of God at the archiepiscopal palace at Lambeth, under the presidency of the Primate of all England, desire first to give hearty thanks to Almighty God for having thus brought us together for common counsel and united worship. Secondly, we desire to express the deep sorrow with which we view the divided condition of the flock of Christ throughout the world, ardently longing for the fulfilment of the prayer of our Lord, * that all may be one, as Thou, Father, art in me and I in Thee, that they also may be one in us, and that the world may believe that Thou hast sent me.' And, lastly, we do here solemnly record our conviction that unity will be most effectually pro- moted by maintaining the faith in its purity and integrity as taught in the Holy Scripture held by the Primitive Church, summed up in the Creeds, and affirmed by the undisputed Gene- ral Councils." As the Church of England is catholic, the car- dinal point of her constitution is necessarily her episcopal government in accordance with the doctrine and usage of the Primitive Catholic Church. The statute of pro visors of 25 Henry III. stat. 4, describes the Holy Church of England as founded in the estate of prelacy within the realm of England. A clear perception of the fact that the Holy Church of Eng- land is so founded is necessary to an accurate understanding of her whole system, and of the laws by which the various parts of it are governed and maintained. Many illustrations of this might be given, but it will suffice to mention two. First, the Church of England does not recognise the validity of holy orders, unless conferred by an episcopal hand, and does always recog- nise them when so confirmed ; and consistently with this idea she does not in practice reordain any one who, having been ordained by a Roman bishop, leaves the Church of Rome, and desires to officiate in the Church of England. Nor can there be any doubt that the Church of England recognises the validity of orders conferred by the Greek Church. Secondly, a bishop of the Church of England has an unexaminable right of autho- CHUECHES, BKAWLING IK 117 rity to refuse to ordain any person presented to him. This power is so indefeasible that no rights of royal, lay, or eccle- siastical patronage are allowed to interfere with the exercise of this power, always inherent in the episcopal office. The Church of England is often called Protestant in common speech, and in some acts of parliament since the beginning of the 1 8th century. The sovereign at the coronation swears to maintain the Pro- testant reformed religion established by law ; and the crown is by law to descend in the " Protestant line ; " but " whosoever shall come to the possession of this crown shall join in com- munion with the Church of England as by law established." The Primitive Church as in England established by law is the Church of the state. The state controls and protects her tem- poral condition and possessions. The sovereign is supreme over all courts and causes ecclesiastical. The statute of 24 Henry VIII. cap. 12, expresses in admirable language, and with historical and constitutional truth, the manner in which this control, protection, and supremacy are exercised. CHURCHES, BRAWLING IN. By 23 & 24 Victoria, cap. 32, the jurisdiction of ecclesiastical courts in suits for defamation and brawling in churches was abolished as against persons not in holy orders. Persons in custody for defamation, &c., under orders of ecclesiastical courts were to be discharged. But the order for discharge was not to be made until costs, lawfully incurred, were paid. Under the provisions of this act the penalty on persons found guilty of making disturbance in churches, chapels, churchyards, or burial-grounds, during the time of divine service, or at any other time, or who molest, disturb, vex, or trouble, or by any other unl-awful means disquiet or misuse any preacher duly authorised to preach therein, or any clergyman in holy orders ministering or celebrating any sacrament, rite, or office in any cathedral, church, or chapel, or in any churchyard or burial-ground, shall, on conviction thereof before two Justices of the Peace, be liable to a penalty of not more than for every such offence ; or may, if the Justices before whom he shall be convicted think fit, instead of being subjected to any pecuniary penalty, be committed to prison for any time not exceeding two months. Persons guilty of offences under this act may, by any constable or churchwarden of the parish or place where the said offence shall be committed, be taken before a Justice of the Peace of the county or place where the said offence has been committed, to be dealt with according to law. 1 1 8 CHUECH-ALE— CHUECH-EATE. CHURCH-ALE. A wake or feast commemorative of the consecration of a church. CHURCH ATTIRE. The habit or ecclesiastical dress in which men officiate at divine service. "These and such like were their discourses touchincj that church-attire, which with us, for the most part, is used in public prayer. " — Hooker, CHURCH BURIAL. Burial according to the accustomed rites and forms of the Church. "The bishop has the care of seeing that all Christians, after their deaths, be not denied church burial, according to the usage and custom of the place." Ayliffes Parergony [See the Burial Laws Amendment Act, 1880.] CHURCH EDIFICE. A building set apart and consecrated for the worship of God ; more properly and usually called a church, without the addition of "edifice," which is always understood. CHURCH MILITANT. The Church as warring against all forms of evil. [See Prayer for the Church Militant in Holy Communion Service.] CHURCHMAN. An Episcopalian; a member of an established Church ; a clergyman. CHURCH, MOTHER. The great "Ecclesia Matrix," or Mother Church, was that of Jerusalem, where the Gospel was first preached, and from which all other Churches were derived. This title, indeed, was given to it by the second General Council of Constantinople. But this distinction was also granted to such other principal Churches as were planted immediately by the apostles, and from which the neighbouring Churches were afterwards derived. The term was further applied in early times to the chief church of a province, where the metropolitan presided, and afterwards to a cathedral or bishop's church in a diocese, as distinguished from the parish churches around. The term, as now used, is strictly primitive, denoting the relation existing between any branch of the Church Catholic and those which have sprung from it. Hence the Church of England is properly the "Mother" of that in the United States, and of those Churches in all the British colonial possessions and in foreign nations who have derived their orders, faith, and liturgy from her. — >S^. E. D. CHURCH-RATE. A tax levied on parishes for the repair of churches, and for other matters connected with them, but now no longer enforcible by law, being repealed by the Church-Eate Compulsory Abolition Act. Church-rates, however, may still CIIUECII-KEEVE— CIIUECIIIKG. 119 be made and collected by a vestry. It is only the compulsory power of the legal enforcement of the rate that is abolished. [See 31 & 32 Yict. cap. 109.] CHURCH-REEVE. A churchwarden. CHURCH THANE. A priest in the Anglo-Saxon Church ; so called because he had the rights of a thane. CHURCH BUILDING SOCIETY. This Society was in> corporated under the provisions of 9 George lY. cap. 42. Its presidents were to be the Archbishops of Canterbury and York for the time being, all the bishops being vice-presidents thereof. The act sets forth the constitution of the committee, the qualifications of members of the Society ; specifies when and where its general court shall be held and business transacted ; states the number of the acting committee, and prescribes their powers and duties as to byelaws, indicating the rules to be observed by the Society in selecting parishes for grants. CHURCHING-. The rubric before the Office for the Church- ing of Women is as follows : — The woman, at the usual time after her delivery, shall come into the church decently appa- relled, and there shall kneel down in some convenient place as hath been accustomed, or as the ordinary shall direct." Decently apparelled. — In the reign of King James I. an order was made by the Chancellor of l!^orwich that every woman who came to be churched should come covered with a white veil. A woman refusing to conform was excommunicated for contempt, and prayed a prohibition, alleging that such order was not war- ranted by any custom or canon of the Church of England. The judges desired the opinion of the Archbishop of Canterbury, who convened divers bishops to consult thereupon, and they certifying that it was the ancient usage of the Church of England for women who came to be churched to come veiled, a prohibi- tion was denied. The rubric at the end of the Office for Church- ing of Women is : " The woman that cometh to give her thanks must ofi'er accustomed ofi'erings ; and if there be a communion, it is convenient that she receive the Holy Communion." Accustomed offerings. — In a prohibition granted to stay a suit in the spiritual court by the Yicar of Wakefield, grounded upon a custom for a due for churching of women, which was alleged to be this, viz., that every inhabitant keeping a house and having a family in Wakefield in Yorkshire, and having a child or children born in that parish, at the time of churching the mother of the child, or at the usual time after her delivery when she should be churched, have time out of mind paid tenpence 120 CHUECH-SCOT— CHUECHYAEDS. to the vicar of that parish for or in respect of such churching, or at the usual times when the mother of such child should be churched. Issue was taken upon the custom, and a verdict was found for the defendant that there was such a custom. And upon motion for the plaintiff in arrest of judgment, to prevent the granting a consultation, the court being of opinion that it w^as a void custom (first, because it was not alleged what was the usual time the women were to be churched, and therefore uncertain ; secondly, because it was unreasonable, because it obliged the husband to pay if the woman was not churched at all, or if she went out of the parish or died before the time of churching), judgment was arrested. — B. E. L. [See 58 Geo. III. cap. 45, sec. 28; 59 Geo. III. cap. 134, sees. 6 & 17 ; and 3 Geo. lY. cap. 72, sec. 18.] CHURCH SCOT or CHURCHESSET. A payment or contri- bution, by the Latin writers frequently called ^7^zm?Yzce seminum; being at first a certain measure of wheat paid to the priest on St. Martin's Day, as the first-fruits of harvest. This was enjoined by the laws of King Malcolm lY. and Canute. But after this, church-scot came to signify a reserve of corn rent paid to the secular priests or to the religious ; and sometimes was taken in so general a sense as to include poultry, - or any other provision that was paid in kind to the religious. — EGG CHURCH SERVICE {extra). By 51 George III. cap. 115, sec. 65, the bishop of the diocese may, under certain circum- stances, direct the performance of a third service wuth a sermon, and the pews may be let for the maintenance of such extra services, or the parishioners may provide for the same by volun- tary contributions. Any curate appointed to hold such service is to be subject to the law in all respects as a stipendiary curate. CHURCHYARDS. The churchyard is the freehold of the incumbent, subject to the rights of burial of the parishioners, but they cannot, without his consent, choose the spot of inter- ment. The incumbent has the right to his customary fees both for the burial service and the erection of any tombstone or monument in the church or churchyard. The churchwardens are bound to see that the walls of the churchyard are properly repaired, and the churchyard itself kept in an orderly and decent condition. Trees growing in the churchyard are to be counted among the goods of the church. Neither the incumbent nor churchwardens have powder to cut them down except for the repairs of the chancel. The Crown and certain persons may CIIUECHWAEDENS, 121 grant, and the Ecclesiastical Commissioners may accept, lands in England and Wales for churchyards, or for additions to ancient churchyards. The sanctity of the churchyard is to be preserved equally with that of the church. By 13 Edward 1. stat. 2, cap. 6, it was declared that for the honour of the Church no fairs nor markets should henceforth be held in churchyards. — P. C. D. [See 43 Geo. III. cap. 108; 51 Geo. III. cap. 115 ; 56 Geo. III. cap. 141 ; see also Burials Act Amendment Act, 1880.] CHURCHWARDENS, in ancient parishes, are civil as well as ecclesiastical officers. By virtue of their office they are overseers of the poor, but not churchwardens of townships or chapelries, nor churchwardens under the Church-Building Acts. Surgeons, officers and men serving in the militia, the commissioners and officers of customs, and other persons, are exempt from holding the office. Churchwardens of town- ships must be inhabitants of such places. In some cases they are chosen by the parishioners, and in other cases one is appointed by the incumbent of the parish, and the other elected by the parishioners. They remain in office for one year. Their number is generally two, but in some cases there are more. By custom there may be but one.- A custom that there shall be no church- warden is bad. When chosen, they are sometimes excused on payment of a fine. A declaration is now substituted for the oath formerly required of them when entering office. Their admission to their office by the archdeacon or his representative is necessary to the legal discharge of their duties. Persons re- elected for a second year are not compellable to serve except where custom prevails to the contrary. As soon as admitted they are in full possession of their office. Their jurisdiction extends over the whole parish. They are custodians in trust of the church, with all its goods and ornaments, for the use of the parishioners, but not of goods placed in the church by private persons, unless dedicated to the parish. As soon as admitted to their office, they should survey the state of the church and churchyard. They are to seat the parishioners in church at their discretion, except in cases where persons are possessed of faculty pews, or have the exclusive use of pews by prescription or long-continued use. But their discretion in this respect is subject to the ordinary. They are to preserve reverence and attention on the part of all people attending divine service. They are not to suffer loiterers in the church or churchyard during divine service, nor are they to give their consent to the admission of strange preachers into pulpits, unless they produce 122 CHURCH WAEDENS—CISTEETIANS. their letters of orders. They have no power in any way to interfere with the minister in the performance of divine service, even though his mode of conducting it should be deemed by them to be illegal, but they may report thereon to the bishop. They are bound, however, to see that the service shall be con- ducted decently and orderly, and are required to suppress in- decent interruptions during service, even should it be by the minister himself. They are not to allow quarrelling or brawling either in the church or churchyard. During the voidance of the benefice they may, by a faculty, provide for the performance of the services of the church out of the income of the living, accounting for their expenditure to the incoming incumbent. They are required to transmit copies of registry books as to baptisms and burials to the registrar of the diocese. They must produce their accounts annually to the vestry, generally holden in Easter Week, and deliver up all church goods in trust to their successors. [For full particulars see 43 Eliz. cap. 2 ; 4 Jas. I. cap. 5 ; 21 Jas. I. cap. 7 ; 6 & 7 Will. III. cap. 4, &c. ; also P. C. G., pp. 1-47 ] CHURCHWARDENS, DECLARATION OF, to be made and sub- scribed in pursuance of the statute of 5 & 6 Wilham lY. cap. 62 : — ^ ' You do solemnly and sincerely declare that you will faithfully and diligentl}^ perform the duties of the office of churchwarden within the parish of for the present year to the best of your skill and under- standing, and that you will present such persons and things as to your knowledge are presentable by the laws ecclesiastical of this realm. Churchwardens- elect to sign this declaration after it has been administered to them on the day of visitation." CIBORIUM or CIMBARIUM. A covering over an altar ; also a vessel in which the Holy Eucharist is placed. CINCTURE. The girdle of a cassock, &c. CIRCA. A monk in a monastery, whose duty it was to go through the dormitory at night to see that all was quiet and safe. CISTERTIANS or BERNARDINES. There was yet another branch of Benedictines called Cistertians, from Cistertium or Cisteaux, in the bishopric of Chalons in Burgundy, where this order was first instituted by Robert, Abbot of Molesme, in the year 1098. They were also called Bernardines, from St. Ber- nard, Abbot of Clairvaux, about the year 11 16, who was a great promoter of this order. Erom the colour of their habit they CITATION-. 123 were called white monks. Their monasteries, which became very numerous in a short time, were generally founded in solitary and uncultivated places, and all dedicated to the Blessed Virgin. These monks came into England in the year 1128, had their first house at Waverley in Surrey, and before the dissolution had eighty-five houses here. — B. E. L. CITATION is a summons to appear, being a process particu- larly applied to the ecclesiastical courts. The party to whom it is directed shall diligently seek the person to be cited ; and when he hath found him, he is to show to the person cited the citation under seal, and by virtue thereof cite him to appear at the time and place appointed. And it is usual also to leave a note with him expressing the contents thereof. But if it be returned upon the citation that the defendant cannot be found, then the plaintiff's proctor petitions that the defendant may be cited personally (if he can) to appear and answer the contents of the former citation ; and if not person- ally, then by any other ways and means, so as the party to be cited may come to the knowledge thereof, and this is that which is called a public citation, seeing it is executed either by public edict, a copy thereof being affixed to the doors of the house where the defendant dwells, or the doors of the parish church where he inhabits, for the space of half an hour in the time of divine service ; or, as it hath been said, by the tolling of a bell, or the sounding of a trumpet, or the erecting of a banner. This being done, a certificate miist be made of the premises, and the citation brought into court ; and if the party cited appear not, the plaintiff's proctor accuseth his contumacy (he being first three times called by the crier of the court), and in penalty of such his contumacy, requests that he may be excommunicated. But the citation must be served at the door or outside of a man's house, for the house may not be entered in such case without his consent. — B, L. TsTo person is obliged to obey a bishop's or archdeacon's citation out of the diocese wherein he dwelleth except in cases by law specially provided ; but the archbishop may cite for heresy in the diocese of another bishop. Obedience to all citations to Eome in causes pertaining to the King and to the Church were by 38 Edward III. stat. 2, cap. i, forbidden. The several enor- mities pertaining to or attendant on citations to Eome are thus set forth in 38 Edward III. stat. 2 : — " To nourish love and peace and concord between the Holy Church and the realm, and to appease and cause to cease the great hurt, perils, and import- 124 CITY. a"ble losses and grievances that hath been done and happened in times past, and that shall happen hereafter if the thing from henceforth be suffered to pass because of personal citations and other that be passed before this time, and commonly doth pass from day to day, out of th-e Court of Rome by feigned and false suggestions and propositions, deceiving the Holy Father, against all manner of persons of the realm, upon causes whose cognisance and final discussing pertaineth to our lord the King and his royal court, and also of impetrations and provisions made in the said Court of Rome of benefices and offices of the Church per- taining to the gift, presentation, donation, and disposition of our said lord the King and other lay patrons of his realm, and of churches, chapels, and other benefices appropriated to cathedral churches, colleges, abbeys, priories, chantries, hospitals, and other poor houses, and of other dignities, offices, and benefices occupied in times past and present by divers and notable persons of the said realm, for which causes and the dependants thereof the good ancient laws, customs, and franchises of the said realm have been and be greatly impeached and confounded, the crown of our lord the King abated, and his person very hardly and falsely defamed, the treasures and riches of his realm carried away, the inhabitants and subjects of the realm impoverished and troubled, the benefices of the Church wasted and destroyed, divine service, hospitalities, almsdeeds, and other works of charity withdrawn and set apart, the great men, commons, and subjects of the realm in body and goods damnified." [See Appeals.] CITY (civitas), according to Cowel, is a town corporate which hath a bishop and cathedral church, which is called civitas, oppidum, and urhs ; civitas, in regard it is governed by justice and order of magistracy ; oppidum, for that it contains a great number of inhabitants ; and urhs, because it is in due form begirt about with walls. But Crompton, in his " Jurisdictions," where he reckons up the cities, leaveth out Ely, although it hath a bishop and cathedral church, and puts in Westminster, though it hath not at present a bishop. And Sir Edward Coke makes Cambridge a city, yet there is no mention that it was ever an episcopal see. Indeed it appears by a statute of Henry YIII. that there was a bishop of Westminster, since which, in a statute of Elizabeth, it is termed a city or borough ; and not- withstanding what Coke observes of Cambridge, in a statute of Henry YII. Cambridge is called only a town. Kingdoms have been said to contain as many cities as they CLERESTOEY— CLEEGY. 125 have sees of arclibisliops and bishops ; but, according to Blount, city is a word which hath obtained since the Conquest ; for in the time of the Saxons there were no cities, but all great towns were called burghs, and even London was then styled London- bourg, as the capital of Scotland is now called Edinburgh. And long after the Conquest the word " city " is used promiscuously with the word " burgh," as in the charter of Leicester it is called both civitas and hurgus, which shows that those writers were mistaken that tell us every city was or is a bishop's see. And though the word "city" signifies with us such a town corporate as hath usually a bishop and cathedral church, yet it is not always so. A city, says Blackstone, is a town incorporated which is or hath been the see of a bishop ; and though the bishopric be dis- solved, as at Westminster, yet still it remaineth a city. It appears, however, that Westminster retained the name of city, not because it had been a bishop's see, but because it was expressly created such in the letters-patent by King Henry YIIL erecting it into a bishopric. There was a similar clause in favour of the other five new-created cities, Chester, Peter- borough, Oxford, Gloucester, and Bristol. Mr. Wooddeson, late Yinerian professor, has produced a decisive authority that cities and bishops' sees had not originally any necessary connec- tion with each other. It is that of Ingulplius, who relates that at the great council assembled in 1072 to settle the claim of precedence between the two archbishops, it was decreed that bishops' sees should be transferred from towns to cities. The accidental coincidence of the same number of bishops and cities would naturally produce the supposition that they were connected together as a necessary cause and effect ; it is certainly a strong confirmation of the above authority that the same distinction is not paid to bishops' sees in Ireland. — T, L. D, [See 35 Hen. VIII. cap. 10; 17 Eliz. cap. 5; and II Hen. YII. cap. 4.] CLERESTORY, CLER-STORY, or CLEAR-STORY (Fr. cleristere ; It. chiaro piano). The upper vertical divisions of the nave, choir, and transepts of a church. It is clear above the roof of the aisles, whence it may have taken its name ; but some have derived the name from the clair or light admitted through its tier of windows. Nearlv all the cathedrals and large churches have clear-stories, or tiers of arcades, and also of windows over the aisles and triforia. — Gwilt CLERGY were formerly of two sorts, regular and secular. 126 CLEKGY. Regular were those who lived under certain rules, being of some religious order, as abbots, priors, monks, or the like. The secu- lar were those who did not live under any certain rules of the religious orders, as bishops, deans, parsons, vicars. The clergy being a body of men separate and set apart from the rest of the people in order to attend to the divine offices, have thereupon had always large privileges allowed them by our national and municipal laws, several of which have been lost by disuse, others abolished by act of parliament, but some do yet remain. Particularly, a clergyman cannot be compelled to serve on a jury, neither can he be compelled to serve in any temporal office. During his attendance on divine service he is privileged from arrests in civil causes ; but the clergy are now generally liable to all public duties and charges imposed by act of parliament, where they are not specially excepted. By a favourable interpretation of the statutes relating to the benefit of clergy, not only those actually admitted into some inferior order of the clergy, but also those who were never qualified to be admitted into orders (which was formerly tried by putting them to read a verse) were anciently taken to have a right to this privilege as much as persons in holy orders. Persons admitted to the benefit of clergy were to be burnt in the brawn of the left thumb; and, as a further punishment, might be continued in prison for a year; or, instead of being burnt in the hand, they might be transported for seven years. A person admitted to his clergy forfeited all his goods that he had at the time of the conviction; but presently upon his burning in the hand he was to be restored to the possession of his lands, and from thenceforth to enjoy the profits thereof. Also it restored him to his credit, and consequently enabled him to be a good witness. And it was holden that after a man had been admitted to his clergy it was actionable to call him felon, because his offence being pardoned by the statute, all the infamy and other consequences of it were discharged. — B: L, D. [See 1 8 Eliz. cap. 7 ; 9 Edw. 11. cap. 15 ; 22 Hen. YIII. cap. 2 ; 6 Geo. IV. cap. 25 ; 32 Hen. VIII. cap. 3 ; 4 Edw. I. stat, 3, cap. 5 ; and 25 Hen. VIII. cap. 3.] CLERGY, DISABILITY OF, TO SIT IN PARLIAMENT. It was a much-controverted question prior to the passing of 41 George III. cap. 63, whether clerks in holy orders were eligible for a seat in the House of Commons. It was contended by Coke, Chief Baron Gilbert, and Black stone that they were ineligible because they sat in Convocation. But in 1801 a statute CLEEGY. 127 was passed *^to remove all doubts relative to the eligibility of persons in holy orders to sit in the Commons house of parliament," and thereby not only Home Tooke, who, being in priest^s orders, had been returned for Old Sarum, and was a candidate for Westminster in the next parliament, was rendered ineligible, but deacons, one of which order then sat in the house, were placed in the same category, and rendered ineligible for a seat in the house as well as priests. The substance of the act is, that no person ordained a priest or deacon, or being a minister of the Church of Scotland, shall be capable of being elected a member of the House of Commons. The election of any such person shall be void ; and if any person, after his election, shall be ordained a priest, he shall vacate his seat, under a penalty of ;^5oo per day for every day that he shall sit or vote in the said house. But clerks in holy orders availing themselves of the provisions of the Clerical Disabilities Act, 1870, and executing a deed of relinquishment of their clerical profession, bec©me, in the eye of the law, laymen, and are therefore so far qualified to sit in the House of Commons, any provisions of 41 George III. cap. 63, notwithstanding. [See P. E. L,, pp. 632, 633.] CLEEGY IN THEIR PUBLIC AND PRIVATE CAPA- CITIES, how far subject to public criticism. The degree of protection," says Dr. Philliniore, "which the law affords to clergymen with respect to the preaching, not the publishing, of sermons and the administration of private, not parochial, charities within their parish, was much discussed in the year 1846, in the case of Gathercole v. Miall. With respect to the latter point, the Barons of the Exchequer were all of opinion, to use the language of Chief Baron Pollock, that " " a parochial charity, with the vicar at the head of it, among other persons in the parish, not for parochial purposes, but for some exclusive purpose, with reference either to religious opinion or to anything else, is a private matter, and is not open to what may be called licentious comment, as opposed to a comment that must be based in truth." And Baron Alderson said, " That even if preached sermons were within the limits of the ordinary rule which governs the criticism upon public acts of individuals, that posi- tion would not affect his administration of a private charity within his parish." "It is no part," said the learned Baron, of his peculiar ministerial duty to have a clothing club, though it is a very proper thing for him or any other charitable man to do. I am at a loss to see how his case differs from that of any 128 CLEEGY AND LAITY. other individual who chooses to institute a private charity within reasonable limits. If so, then the criticism and observations which are to be made upon him are the criticisms and observa- tions which are to be made upon any other private individual, and are to be judged by the same rules, and subject to the same limits." " But," continues Dr. Phillimore, " with respect to sermons preached and not published, the opinion of Baron Parke (Lord Wensleydale) was thus expressed to the jury, and he appears to have retained the opinion when the matter was discussed in hanco^ that a sermon preached by a clergyman to his parishioners, unless he published it, and thereby offered it as a subject for general criticism like any other literary work, could not be considered as the public act of a public servant, on which every one had a right to comment." Chief Baron Pollock agreed with this view and said, "My opinion goes entirely along with the intimation of opinion that fell from my brother Parke at the trial. I think a sermon preached to a congregation may undoubtedly be made the subject of a comment, but you must not put into the mouth of the pastor language that he did not use or w^as supposed to use, that does not fairly arise out of the truth. I think you are fettered, with respect to a sermon preached to a congrega- tion, just as you would be fettered with respect to any other matter on which you have a right to comment, but on which you must comment with trust and with justice." — P. i^., p. 63 1. CLERGY AND LAITY. The following are in substance the words of Sir Eobert Phillimore : — The members of the Church may be considered under four categories. First, those who have the peculiar and separate positions in the Church, as bishops, priests, and deacons, who are the clergy. Secondly, those who discharge the duties of a clerical ofhce, whether attaching to a see, college, cathedral, hospital, almshouse, or those who serve a simple benefice with cure of souls, whether as incum- bent or stipendiary curate. Thirdly, those who, not being in holy orders, have as laymen official or peculiar connection Avith the Church, and discharge offices connected wdth her administration and discipline, such as official principals of the courts provincial, chancellors of dioceses, vicars-general, com- missaries, officials of archdeacons, surrogates, apparitors, church- wardens. In this category may also be included clerks, lay readers, laymen authorised by the bishop to perform certain acts, members of religious fraternities, and members of sister- hoods belonging to the Church of England. Fourthly, those, CLERGY OEPHAISr SOCIETY— CLEEICAL. 129 the laity and faithful, who, having been duly received into the Church, are entitled to the benefit of her ministrations and sacraments CLERGY ORPHAN SOCIETY. This Society was formed for the purpose of maintaining and educating until of age to be put to apprentices orphan children of clergymen. The Society was incorporated by 49 George III. cap. 18, in which act the qualifications of the governors of the Society are de- scribed, the constitution of the body corporate is defined, and regulations are provided for the appointment of the committee, the holding of the general court four times a year, the making of byelaws, and the investment of moneys in the public funds given or bequeathed to the charity. CLERICAL DISABILITIES ACT. 33 & 34 Victoria, cap. 91, provides that any person admitted before or after the passing of this act to the ofiice of minister in the Church of England may, after having resigned any and every preferment held by him, altogether relinquish his holy orders, and may, by compliance with certain requirements of the said act, and by executing and enrolling the following deed in the High Court of Chancery, be relieved from the vows, obligations, and dis- abilities of the ministry, so far as the law of the land can so relieve : — Know all men by these presents, that I, A. B., of , having been admitted to the office of priest (or deacon, as the case may be) in the Church of England, and having resigned (here to be inserted a description of the late preferment, if any), do hereby, in pursuance of the Clerical Disabilities Act, 1870, declare that I relinquish all rights, privileges, advantages, and exemptions of the office, as by law belonging to it. In witness whereof I have hereunto set my hand and seal this day of 18 . Signed A. B. (L. S.) Executed by A. B., in presence of C. D., of ." {Address and description of witness.) CLERICAL SUBSCRIPTION ACT. 28*29 Victoria, cap. 122, provides that every candidate for ordination shall subscribe the following declaration of assent : — I, A. B., do solemnly make the following declaration : — I assent to the Thirty-nine Articles of Keligion, and to the Book of Common Prayer, and to the ordering of bishops, priests, and deacons. I believe the doc- trine of the United Church of England and Ireland as therein set forth to be agreeable to the Word of God, and in public prayer and administration of the sacraments I will use the form in the said book prescribed and known there, except so far as shall be altered by lawful authority." I 130 CLERICAL— CLOSE OF A CATHEDRAL. He must take the following oaths. First, the oath of canonical obedience : — I, A. B., do swear that I will pay true and canonica] obedience to the Lord Bishop of and his successors in all thinejs lawful and honest. So help me God." Secondly, the oath of allegiance as substituted for the former oath of allegiance and supremacy by 31 & 32 Victoria, cap. 72, sees. 2 & 8 : — A. B., do swear that I will be faithful and bear true allegiance to her Majesty Queen Victoria, and her heirs and successors, according to law. So help me God." CLERICAL. Pertaining to the clergy or the Church. CLERK, in its spiritual sense, denotes a person in holy orders ; in its temporal acceptation, it signifies one who practises with his pen in any court, or otherwise. As the nobility and gentry were usually brought up to the exercise of arms, there were few but the clergy left to cultivate the sciences ; hence, as it was the clergy alone who made any profession of letters, a very learned man came to be called a great clerk, and a stupid ignorant man a bad clerk. — E. C, (7. CLERUS. The clergy generally. CLINICS. A term applied in former times to persons who were baptized privately on account of sickness or the approach of death. CLOACA. The font. CLOISTER (Lat. claustrum). The square space attached to a regular monastery or large church, with a peristyle or ambula- tory around, usually under a covered range of buildings. The cloister is, perhaps, ex vi termini, the central square shut in or closed by the surrounding buildings. Cloisters are usually square on the plan, having a plain wall on one side, a series of windows between the piers or columns on the opposite side, and arched over with a vaulted or ribbed ceiling. The cloister generally forms part of the passage of communication from the church to the chapter-house, refectory, and other parts of the establishment. — Gioilt, CLOISTERED ORDERS. Communities of monks and nuns not permitted to leave the precincts of their convent. CLOSE OF A CATHEDRAL. The environs of a cathedral, commonly surrounded by a wall, and usually containing the bishop's palace, deanery, canonries, and other official houses. CLOTH OF GOLD— COLLATION. CLOTH OF GOLD. A ricli material which is allowed to supersede any of the canonical colours except violet and black. CLUNIAOKS. A reformation of some things which seemed too remiss in St. Benedict's rule was begun by Bernon, Abbot of Gigni, in Burgundy, and increased and perfected by Odo, Abbot of Cluni, about the year 912, which gave occasion to the rise of the Cluniack Order, which was the first and principal branch of the Benedictines. For they lived under the rule of St. Benedict and wore a black habit ; but observing a dif- ferent discipline, were called by a different name. William, Earl Warren, son-in-law to William the Conqueror, first brought these monks into England, and built their first house in Lewes, in Sussex, about the year 1077. All the monasteries of this order in England were governed by foreigners, and had more French than English monks in them. But many of them were afterwards made denizens, and all of them at last discharged from all subjection to the foreign abbeys. There were twenty-seven priories and cells of this order in England. — J5. E. L. COADJUTOR. A fellow-helper or assistant; particularly applied to one appointed to assist a bishop, being grown old and infirm so as not to be able to perform his duty. In cases of any habitual distemper of the mind, whereby the incumbent is rendered incapable of the administration of his cure, such as frenzy, lunacy, and the like, the laws of the Church have pro* vided coadjutors. Of these there are many instances in the ecclesiastical records, both before and since the Eeformation ; and we find them given generally to parochial ministers (as most numerous), but sometimes also to deans, archdeacons, preben- daries, and the like ; and no doubt they may be given, in such circumstances, at the discretion of the ordinary, to any ecclesias- tical person having ecclesiastical cure and revenue. — Gibson, COAT-ARMOUR. Coats of arms were not introduced into seals, nor indeed into any other use, till about the reign of Richard L, who brought them from the croisade in the Holy Land, w^here they were first invented and painted on the shields of the knights, to distinguish the variety of persons of every Christian nation who resorted thither, and who could not, when clad in complete steel, be otherwise known or ascertained. —T. L, D, COCHLEAR. The name of a spoon used for administering the holy elements. COLLATION, in the canon law, the conferring or bestow- 132 COLLATION. ing of a "benefice by a bishop who has it in his own gift or patronage. Collation differs from institution, in that the latter is per- formed by the bishop at the motion or presentation of another, and the former on his own motion. Collation also differs from presentation, in that the latter is properly the act of a patron offering his clerk to the bishop to be instituted into a benefice, whereas the former is the act of the bishop himself. The collator can never confer a benefice on himself. In the Eomish Church the Pope is the collator of all bene- fices, even elective ones, by prevention, setting aside consistorial benefices and those in the nomination of lay patrons. Prelates and bishops are called ordinaries or ordinary collators. If the ordinary collator neglect to exercise his right for six months, the superior collator may collate by devolution. Thus, if the bishop neglect, the metropolitan may confer, then the primate, and so on from degree to degree. In Prance the king is the collator of all the benefices whereof he is patron, excepting consistorial ones, to which he has only the nomination, and the Pope, by virtue of the Concordat, is obliged to confer on whomsoever the king nominates. For the rest, he is direct and absolute collator, and may confer them by virtue of a kind of priesthood annexed to the royalty. Other lay patrons have seldom more than a mere presentation, the collation properly belonging to the bishop; yet there are abbots who have the full right of collation. The canonists reckon two kinds of collation, the one free and voluntary, the other necessary. The first depending on the mere will of the collator, who may choose whom he pleases to fill the vacancy. In the latter the collator is not at his liberty, which is the case where a benefice has been resigned or changed, and that resignation or permutation allowed of by the superior ; for here the collator is obliged to grant the provision to the resignatory or compermutant. — B. L. D, [See 55 Geo. III. cap. 184, sees, i & 2, and schedule, part i ; and 25 Edw. III. stat. 6, sees. 2 & 3.] COLLATION, FORM OF.—" , by divine providence, or divine per- mission (as the case may be), archbishop or bishop (as the case may be), lord archbishop or lord bishop (as the case may be), to our well beloved in Christ the , grace and benediction. We do by these presents, freely and of our EC ere goodwill, give and confer upon you the said (rectory, vicarage, or otherwise, as the case may be), in the county of COLLECT— COLLEGES. 133 , and the diocese of , yacant by the of tlie , the Last incumbent there, and belonging to our donation or collation in full right of our archbishopric or bishopric ; and we do hereby duly and canonically institute you in and to the said , and invest you with all and singular the rights, members, and appurtenances thereunto belonging, you having first in our presence made and subscribed such declarations and taken such oaths as are by law or custom in such case required ; and we do by these presents commit unto you in the Lord the cure of souls of the parishioners of the said parish, and the government of the church aforesaid, saving always to ourselves and our successors , all and singular our archiepiscopal or episcopal right (as the case maybe), and the dignity and honour of our cathedral or metropolitical church (as the case may be). * ' In testimony w^hereof we have caused our seal to be hereunto affixed, dated this day of , in the year of our Lord , and in the year of our consecration or translation COLLECT, in the liturgy of the Church of England and the mass of the Eomanists, denotes a prayer accommodated to any particular day, occasion, or the like. In general, all the prayers in each office are called collects, either because the priest speaks in the name of the whole assembly, whose sentiments and desires he sums up by the word or emus, " Let us pray," as is observed by Pope Innocent III., or because those prayers are offered when the people are assembled together ; which is the opinion of Pamelius on Tertullian. The congregation itself is in some ancient authors called collect. — E. C. G. COLLECTAKE. A book containing a collection of collects. COLLEGES. The 37 Henry VIII. cap. 4, declares colleges (amongst other institutions which are described) to be very ancient foundations and incorporations, and that certain of them were confiscated, and with their lands given to the king. Such confiscation of these colleges Avith their lands to the king's use was confirmed and extended by the i Edward YI. cap. 14, which was further confirmed by the i & 2 of Philip and Mary, cap. 8 ; but all lawful claims upon colleges and their land were provided for, and certain new colleges were established. Colleges of Monastic Orders, Collegiate churches and colleges consisted of a number of secular canons, living together under the government of a dean, warden, provost, or master, and having for the more solemn performance of divine service chap- lains, singing men, and choristers belonging to them. — B. E. L, College of Civilians, commonly called Doctors Commons. A college founded by Dr. Harvey, Dean of the Arches, for the professors of the civil law residing in the City of London, where usually resided likewise the judge of the Arches Court of Canter- bury, and the judge of the Prerogative Court, &c., with other 1 3 4 COLLEGIATE— COMMANDMENTS. civilians, who all lived, as to diet and lodging, in a colle- giate manner, commoning together, whence the designation of Doctors Commons. Their house being destroyed in the Great Eire, they all resided at Exeter House in the Strand till 1672, when their former house was rebuilt, at their own expense, in a very splendid manner. To this college belonged thirty- four proctors, who acted for their clients in ecclesiastical causes, &c. — E. C. C. [See P. K L., p. 12 19.] COLLEGIATE or COLLEGIAL CHURCHES are those which have no bishop's see, yet have the ancient retinue of the bishop, the canons, and prebends. Such are Westminster, Eipon, Windsor, &c., governed by deans and chapters. Of these collegiate churches there are two kinds, some of royal foundation, others of ecclesiastical foundation ; each of them, in matters of divine service, are regulated in the same manner as the cathedrals. There are even some collegiate churches which have the epis- copal rights. Some of these churches were anciently abbeys, which in time were secularised. The Church of St. Peter's, Westminster, was anciently a cathedral, but the revenues of the monastery being by act of parliament vested in the dean and chapter, it commenced a collegiate church. In several causes the styling it cathedral instead of collegiate church of Westminster has occasioned error in the pleadings. — E. C. 0. Certain new cathedral and collegiate churches were estab- lished by Henry VIII., and confirmation of their establishment was made by i & 2 Philip and Mary, cap. 8, notwithstanding that they were alleged to have been erected in the time of schism. The collegiate church of Manchester was made a body corporate by virtue of a charter granted by King Charles I. in the eleventh year of his reign, and the Bishop of Chester was appointed to be visitor to the said collegiate church. But when the wardenship of the collegiate church of Manchester was held in commendam with the bishopric of Chester, the king was to visit. [See 2 Geo. II. cap. 29; also P. E. L., p. 231.] COLOBIUM. Anciently a garment worn by priests and presbyters. COMMANDMENTS, THE TEN. By Canon 82, the Ten Commandments shall be set, at the charge of the parish, up on the east end of every church or chapel, where the people may both see and read the same; and other chosen sentences COMMANDEIES— COMMEND AM. 135 sliall, at the like charge, be written upon the walls of the said churches and chapels in convenient places. — B. E. L, COMMANDRIES were manors or estates belonging to the Knights Hospitallers, otherwise called the Knights of St. John of Jerusalem, where, erecting churches for the service of God and convenient houses, they placed some of their fraternity under the government of a commander, who were allowed proper maintenance out of the revenues under their care, and accounted for the remainder to the Grand Prior at London ; so New Eagle, in Lincolnshire, is still called the Commandry of Eagle. Where such estates belonged to the Knights Templars, the person who presided over them was usually one of those who had by the Grand Master been created prceceptores tempU^ from whence those estates were styled preceptories. They were only cells to the principal house at London. — B, L. D, [See also L. J, D.] COMMEMORATION. A religious festival commemorative of sacred events and persons, instituted at various periods in the history of the Church, and originating from a variety of causes. The institution of the Feast of All Saints is thus related. The most plausible account is this : A religious knight, returning from a pilgrimage to the Holy Land and losing his road, met a hermit, w^ho, hearing that he was a Frank, asked him if he knew the monastery of Cluny and the Abbot Odilo. The pilgrim pro- fessing his knowledge of both, the hermit told him that God had discovered to him that he was to have the credit of delivering souls from the pains they suffer in the other life, charging him, at his return, to exhort Odilo and those of his community to continue their prayers and alms for the dead. — E, a a COMMENDAM is the holding of a benefice or church living, which being void, is commended to the charge and care of some sufficient clerk, to be supplied until it may be conveniently pro- vided with a pastor ; and he to whom the church is commended hath the profits thereof only for a certain time, and the nature of the church is not changed thereby, but is as a thing deposited in his hands in trust, who hath nothing but the custody of it, which may be revoked. When a parson is made bishop, there is a cession or voidance of his benefice by the promotion ; but if the king, by special dispensation, gives him power to retain his benefice, notwithstanding his promotion, he shall continue parson, and is said to hold it in commendam. As the king is the means of avoidances on promotions to dignities, and the presentations thereon belong to him, he often, on the creation 136 COMMEKDAM. of bishops, grants tliem licences to hold their benefices in com- mendam ; but this is usually where the bishoprics are small, for the better support of the dignity of the bishop promoted ; and it must be always before consecration, for afterwards it comes too late, because the benefice is absolutely void. A commendam founded on a statute of Henry YIII. is a dispensation from the supreme power to hold or take an ecclesiastical living contra jus jpositivum. And there are several sorts of commendams — as a commendam semestriss, which is for the benefit of the church without any regard to the commendatory, being only a provi- sional act of the ordinary for supplying the vacation of six months, in which time the patron is to present his clerk, and is but a sequestration of the cure and fruits until such time as the clerk is presented ; a commendam retinere, which is for a bishop to retain benefices on his preferment ; and these commendams are granted on the king's mandate to the archbishop expressing his consent, which continues the incumbency, so that there is no occasion for institution. A commendam recipere is to take a benefice de novo in the bishop's own gift, or in the gift of some other patron, whose consent must be obtained. A commendam may be temporary, for six or twelve months, two or three years, &c. ; or it may be perpetual, i.e., for life, when it is equal to a presentation without institution or induc- tion. But all dispensations beyond six months were only per- missive at first, and granted to persons of merit ; the commendam retinere is for one or two years, &;c., and sometimes for three or six years, and doth not alter the estate which the incumbent had before ; a commendam retinere^ as long as the commendatory should live and continue bishop, hath been held good. The commendam recipere must be for life, as other parsons and vicars enjoy their benefices ; and as a patron cannot present to a full church, so neither can a commendam recipere be made to a church that is then full. A benefice cannot be commended by parts, any more than it may be presented unto by parts, as that one shall have the glebe, another the tithes, &c. Nor can a commendatory have a juris utrum, or take to him and his successors, sue or be sued, in a writ of annuity, &c. But a commendatory in perpetuum maybe admitted to do it. [11 Hen. lY.] These commendams are now, in fact, seldom or never granted to any but bishops ; and in that case the bishop is made com- mendatory of the benefice while he continues bishop of such diocese, as the object is to make an addition to a small bishopric, COMMENT ATAEY— COMMISSION. 137 and it would he nnreasonable to grant it to a bisliop for life who might afterwards be translated to one of the richest sees. — jT. L. D. [See 25 Hen. A^III. cap. 21.] By virtue of 28 Henry YIII. cap. 16, all bulls and dispensa- tions from the Bishop or See of Kome to any subject of this realm concerning commendams or other matters were declared to be null and void; and by 6 & 7 William lY. cap. 77, sec. 18, commendams were in future not to be held by bishops. [See L, J. D.] COMMENDATARY. He that holdeth a church living or preferment in commendam. COMMENDATIONS. Certain prayers used in the ancient church, in which various persons were commended to God's protection. COMMENDATORS are persons, upon whom ecclesiastic bene- fices are bestowed, called so because the benefices are commended and intrusted to their oversight, to be held in their character as trustees. COMMISSARY, an officer of the bishop, who exercises eccle- siastical jurisdiction in those parts of the diocese which are so far remote from the see that the chancellor cannot call the subjects thereof to the bishop's principal consistory without their too great molestation. This officer is appointed to supply the bishop's office in the outparts of the diocese, and in such parishes as are peculiar to the bishop and exempted from the jurisdiction of the archdeacon ; for where the archdeacons have jurisdiction, as in most places they have, either by prescription or composition, the commissary is superfluous. Most colonial bishops have commissaries who act for them in England. — E. C. C. [See 23 Hen. YIII. cap. 9.] COMMISSION, ECCLESIASTICAL. This commission was instituted on February 4, 1835. The object of the commis- sioners appointed was to consider the state of the several dioceses of England and Wales with reference to ecclesiastical duties and revenues, the more equal distribution of the duties of bishops, the prevention of the necessity of commendams, and the state of the cathedral churches. Special reference was to be made to the improved residence of the clergy. The first report of the commissioners was issued on March 1 7, 1835, and after the commission had been renewed, three further reports were made. The revenues of ecclesiastical dignities and benefices without cure, which fell vacant during the inquiry, were ordered to be under the care and management of the 138 COMMISSION, ECCLESIASTICAL. governors of Queen Anne's Bounty, subject, however, to account being rendered to the Ecclesiastical Commissioners by the treasurer of the said bounty. Pending inquiries, presentation to vacant dignities or benefices was not to lapse. The governors were to have no power of granting leases, nor to present to any benefice with cure of souls : but in cases of benefices with cure fallins: vacant, original patrons were to present. The recommendations of the commissioners as to cathedral churches and proposed alteration in dioceses are fully enumerated in 6 & 7 William IV. cap. 67, and 6 & 7 William TV. cap. 77. By the latter act the commissioners were formed into a body politic and corporate by the name of The Ecclesiastical Com- missioners for England," and by that name were to have perpetual succession and a common seal, and have power and authority to take, and purchase, and hold lands, tenements, and hereditaments to them, their successors, and assigns, notwith- standing the statutes of mortmain or any other act or acts to the contrary. The schemes which the commissioners were autho- rised to draw up relative to the building and endowing of churches and the formation of new parishes were to become law after being ratified by the Queen in Council, and duly pub- lished in the London Gazette.'' By 3 & 4 Victoria, cap. 113, entitled " An act to carry into effect, with certain modifications, the fourth report of the commissioners of ecclesiastical duties and revenues," many changes were made in the canonries, &c., of various dioceses ; new archdeaconries and rural deaneries were (under certain circumstances mentioned in sec. 32) authorised to be formed; and by sees. 34 & 35 provisions were made for the better endowment of archdeaconries. By sec. 4 8, " All ecclesiastical rectories without cure of souls, in the sole patronage of her Majesty or of any ecclesiastical cor- poration, aggregate or sole, where there shall be a vicar endowed or a perpetual curate, shall, as to all such rectories as may be vacant at the passing of this act, immediately upon its so passing, and as to all others immediately upon the vacancies thereof respectively, be suppressed." Sinecure rectories were thus entirely abolished. The profits arising from suspended canonries, and the separate estates of deaneries and of canonries, and of non-residentiary prebends, and of sinecure rectories and newly-endowed arch- deaconries, were vested in the commissioners. One of the most important enactments in the above-mentioned act was that relative to the mode in which the revenues of the COMMON PRAYER. 139 commissioners were to be applied. Such revenues were to form a common fund out of which additional provisions were to be made for the cure of souls in parishes where such assistance M^as most required, in a manner deemed most conducive to the efRciency of the established Church. In making such provision out of any tithes or lands, &c., assigned in lieu of tithes vested or to be vested in the commissioners, or out of the rents or profits thereof, due consideration was to be had of the wants and circumstances of the places in which such tithes arose, or had before arisen. The commissioners had power given to them to authorise the augmentation of poor livings by deans and canons, and other dignitaries, and to sell building land for the same purpose. By 6 & 7 Victoria, cap. 37, entituled " An act to make better provision for the spiritual care of populous parishes," the com- missioners were empowered to borrow from the governors of Queen Anne's Bounty the sum of ;^6oo,ooo, to be applied towards making better spiritual provision for populous parishes. Dividends were to be paid to Queen Anne's Bounty half-yearly, and such board could require repayment of capital after thirty years. Districts might be constituted for spiritual purposes, to be endowed by the commissioners, such endowment being not less than ;^ioo per annum. [For full particulars respecting the formation and powers, &c., of the Ecclesiastical Commission, see 5 & 6 Will. lY. cap. 30 ; 6 & 7 Will. lY. cap. 67 ; 6 & 7 Will. lY. cap. 77; I Yict. cap. 71; 2 Yict. cap. 9 ; 2 & 3 Yict. cap. 14 ; 2 & 3 Yict. cap. 55 ; 3 & 4 Yict. cap. 113; 4 & 5 Yict. cap. 39 ; 6 & 7 Yict. cap. 37 ; 7 & 8 Yict. cap. 94 ; and 5 & 6 Yict. cap. 108. See also P. E. Z., p. 2100, &c.] COMMON PRAYER {preces puUicce). The liturgy or prayers used in our church. Ministers, before sermons, are to move the people to join in the bidding prayer for the Catholic Church, and the whole congregation of Christian people, &c., for the king and royal family, the ministers of God's word, nobility, magistrates, and whole commons of the realm, &c., and conclude with the Lord's Prayer (Can. 55). Refus- ing to use the Common Prayer, or using any other open prayers, &c., was punishable by stat. i Elizabeth, cap. 2. — T. L. D. COMMON PRAYER, BOOK OF. Speaking of the Book of Common Prayer, Hallam, in his " Constitutional History of England," says : — " Our own liturgy, so justly celebrated for its piety, elevation, and simplicity, is in great measure a transla- 140 COMMON PEAYEE, BOOK OF. tion from the Catholic services, those portions, of course, being omitted which had relation to different principles of worship. In the second year of Edward's (VI.) reign, the reformation of the public service was accomplished, and an English liturgy com- piled not essentially different from that in present use.'' In 5 Elizabeth, cap. 28, it is declared that "the people received the Book of Common Prayer in the English tongue with an un- speakable joy as a precious jewel." It w^as ordered to be translated into Welsh, and the duty was taken off such paper as was used for printing it. By the Act of Uniformity, 13 & 14 Charles II. cap. 4, authentic copies of the Book of Com- mon Prayer were to be obtained by the deans and chapters of cathedrals, and to be kept in the Tower of London and in the courts of Westminster. Printed copies were ordered to be pro- vided at the expense of every parish, chapelry, cathedral, church, college, and university hall. The following are the principal enactments, in order, with reference to the Book of Common Prayer, the uniformity of divine service, and administration of the sacraments : — 1. 2 & 3 Edward YI. cap. i. An act for uniformity of service and administration of sacraments throughout the realm. 2. 5 & 6 Edward YI. cap. i. An act for the uniformity of service and administration of sacraments throughout the realm. 3. I Elizabeth, cap. 2. An act for the uniformity of common prayer and service in the Church, and administration of the sacraments. 4. 5 Elizabeth, cap. 28. An act for the translating of the Bible and the divine service into the Welsh tongue. 5. 13 & 14 Charles II. cap. 4. An act for the uniformity of public prayers and administration of sacraments and other rites and ceremonies, and for establishing a form of making, ordering, and consecrating bishops, priests, and deacons, in the Church of England. 6. 7 & 8 Yictoria, cap. 102. An act to repeal certain penal enactments made against her Majesty's Eoman Catholic subjects. 7. 9 & TO Yictoria, cap. 59. An act to relieve her Majesty's subjects from certain penalties and disabilities in regard to religious opinions. 35 ^ 36 Yictoria, cap. 35. The act of uniformity and amendment act. 9. 37 & 38 Yictoria, cap. 85. The Public Worship Eegula- tion Act, 1874. COMMON SUPPLICATIONS. See the prayer of St. Chry- COMMOETH— COMMUNION OF THE SICK. 141 sostom at the end of the daily service of the Church, where the epithet common" is not used to signify ordinary or inferior, but united, mutual, or universal supplications made by the congrega- tion with one accord, each desiring a participation in the bless- ings asked for by his brethren. — S. E. D. COMMORTH or COMORTH (comortha). (From the Brit. cymmorth, i.e. , suhsidium. ) A contribution which was gathered at marriages, and when young priests said or sung the first masses, &c. But a statute was passed prohibiting the levying any such in Wales. — Coivel, [See 4 Hen. IV. cap. 27, and 26 Hen. YIII. cap. 6.] COMMUNICANT. Rubrically understood, one who receives the Holy Communion thrice in the year. This term is not to be considered as synonymous with the appellation Church member, though it is inclusive of it. A Church member is one who has been baptized, whether a partaker at the altar or not ; but the name of communicant is, by common usage, given only to those Church members who, in fulfilment of their solemn obligations, have become recipients of the sacrament of the Lord's Supper. COMMUNICATE. To partake of the Lord's Supper or Holy Communion. In this sense the term is used in the exhortation to the negligent in the Communion Office. " It is an easy matter for a man to say, I will not communicate, because I am otherwise hindered," &c. It also occurs several times in the rubrics of the Communion of the Sick, with the same ordinary meaning. — S. E. D. COMMUNION. The act of communicating in, or participat- ing of, the holy sacrament of the Eucharist. The fourth Council of Lateran decreed that each believer should receive the communion, at least, at Easter ; which seems to import a tacit desire that they should do it oftener; as, in effect, they did do it much oftener in the primitive days. Gratian, and the master of the sentences, prescribed it as a rule for the laity to communicate three times a year, at Easter, Whitsuntide, and Christmas. But in the 13th century the practice was got on foot never to approach the Eucharist except at Easter ; and the Council thought fit to enjoin it then by a law, lest their coldness and remissness should go farther still. — E. G. G, COMMUNION OF THE SICK. Both in the Eastern and Western Church, it was a general practice to administer Holy Communion to the sick and dying. A canon of the English Church, of the date a.d. 960, directs every priest to "give housel," i.e., Holy Communion, to the sick when they need it. 142 COMMUNION OF THE SICK. A canon of the Synod of Westminster, a.d. 1138, decrees that the body of Christ should not be reserved beyond eight days, and that it should not be conveyed to the sick by any one but a priest or a deacon, except in case of necessity, and by them only with the greatest reverence. The practice of reserving a portion of the elements consecrated at church for the use of the sick is undoubtedly primitive, and is expressly referred to by Justin Martyr. It was provided for in the Prayer-Book of 1549 in the following rubric : — " And if the same day there be a celebration of the Holy Communion in the church, then shall the priest reserve (at the open communion) so much of the sacrament of the body and blood as shall serve the sick person, and so many as shall communicate with him (if there be any), and so soon as he conveniently may, after the open communion ended in the church, shall go and minister the same, first to those that are appointed to communicate with the sick (if there be any), and last of all to the sick person himself. But before the curate distributes the Holy Communion, the appointed general confession must be made in the name of the communicants, the curate adding the absolution with the comfortable words of Scripture following in the open communion ; and after the communion ended, the collect, * Almighty and everlasting God, we most heartily thank Thee,' &c. But if the day be not appointed for the open communion in the Church, then (upon convenient warning given) the curate shall come and visit the sick person afore noon. And having a convenient place in the sick man's house (where he may reverently celebrate), with all things necessary for the same, and not being otherwise letted (hindered) with the public service, or any other just impediment, he shall then celebrate the Holy Communion after such form and sort as hereafter is appointed." Another rubric in the Prayer- Book of 1549 provides that if there be more than one sick person to be visited on the same day, a portion of the sacrament of the body and blood should be reserved from the first celebration to serve for the others. — Evan Daniel, By a constitution of Archbishop Peccham, the sacrament of the Eucharist was to be carried with due reverence to the sick, the priest having on at least a surplice and stole, with a light carried before him in a lantern with a bell, that the people might be excited to due reverence, who, by the minister's direction, should be taught to prostrate themselves, or at least to make humble adoration wheresoever the King of Glory happened to be carried under the cover of bread. COMIMUNION BOOK— TABLE. 143 But by the rubric of 2 Edward YI. it was ordered that tlicro shall be no elevation of the host or showing the sacrament to the people. By the present rubric, before the Office for the Com- munion of the Sick, it is ordered as follows : — " Forasmuch as all mortal men be subject to many sudden perils, diseases, and sicknesses, and ever uncertain what time they shall depart out of this life ; therefore to the intent they may be always in a readiness to die whensoever it shall please Almighty God to call them, curates shall diligently from time to time (but especially in the time of pestilence or other infectious disease) exhort their parishioners to the often receiving of the Holy Communion of the body and blood of our Saviour Christ, when it shall be publicly administered in the church ; that so doing they may in case of sudden visitation have the less cause to be disquieted for lack of the same. But if the sick person be not able to come to the church, and yet is desirous to receive the communion in his house, then he must give timely notice to the curate, signi- fying also how many there are to communicate with him (which shall be three, or two at the least) ; and having a convenient place in the sick man's house, with all things necessary, so pre- pared that the curate may reverently minister, he shall there celebrate the Holy Communion. But if a man, either of extremity of sickness, or for want of warning in due time to the curate, or for lack of company to receive with him, or by any other just impediment, do not receive the sacrament of Christ's body and blood, the curate shall instruct him that if he do truly repent him of his sins, and steadfastly believe that Jesus Christ hath suffered death upon the cross for him, and shed His blood for his redemption, earnestly remembering the benefits he hath thereby, and giving Him hearty thanks therefor ; he doth eat and drink the body and blood of our Saviour Christ profitably to his soul's health, although he do not receive the sacrament with his mouth. In the time of the plague, sweat, or other such-like contagious times of sickness or diseases, where none of the parish can be gotten to communicate with the sick in their houses for fear of the infection, upon special request of the diseased, the minister may only communicate with him." — B, E. L, COMMUNION BOOK. A book containing the Offices of the Holy Communion. COMMUNION TABLE. Canon 82 provides, that " Whereas we have no doubt but that in all churches within the realm of England convenient and decent tables are provided and placed for the celebration of the Holy Communion, we appoint that the same 144 COMMU^aON— COMMUTATIOK table shall from time to time be kept and repaired in sufficient and seemly manner, and covered in time of divine service with a carpet of silk or other decent stuff, thought meet by the ordi- nary of the place (if any question be made of it), and with a fair linen cloth at the time of the ministration, as becometh that table, and so stand, saving when the said Holy Communion is to be administered. At which time it shall be placed in such a position within the church or chancel that the minister may be conveniently heard by the communicants in his prayer and ministration, and the communicants also more conveniently and in greater numbers communicate with the said minister. And all this to be done at the charge of the parish." [See P. E, Z/., pp. 680 and 1774.] COMMUNION UNDER BOTH KINDS. In the nth century, the communion was still received by the laity in both kinds ; by the species of bread being dipped in the wine, as is owned by the Eomanists themselves. — E, G. 0, [See i Edw. 1. cap. I.] COMMUNITY. A society or body of men united together under certain common laws, agreed on among themselves or imposed by a superior. The Eomans, who seem to have given the first hint of com- munities to the several nations into which their empire was divided, doubtless borrowed it from some rules of their neigh- bours. They called them " colleges," which term among them had nearly the same signification with " community " among us. Communities are of two kinds, ecclesiastic and laic ; the first are either secular, as chapters of cathedral and collegiate churches, or regular, as convents, monasteries, &c. Lay communities are of various kinds ; some contracted by a fixed abode of a year and a day in the same place, others formed by the discharge of the same office, the profession of the same art, or attending the same place of worship, as those of parishes, fraternities, &c. Accordingly, the word is commonly understood of pious foun- dations for the support of several persons, either in a secular or regular life, as colleges, abbeys, convents, priories, seminaries, hospitals, inns, &c. — E. C. C. COMMUTATION OF TITHES. By 6 & 7 William lY., and various succeeding actS; a rent-charge calculated on the average price of corn for seven years was substituted for the method of taking a tenth part of the produce. [See the last act, 41 & 42 Vict. cap. 42.] COMPLETORIUM— COMPLINE, 1 4 5 COMPLETORIUM. The last of tlie canonical hours for common prayer. COMPLINE. Celebrated respectively at the first, third, sixth, ninth, eleventh, and twelfth hour of the day. The service called Nocturns probably originated in times of persecution, when Christians were obliged for safety to assemble for worship under cover of the night. Hence the name. In process of time the service of Nocturns was joined to that of Lauds, an early morning service, and came to be called in consequence Matins (Lat. matutinus, anything that happens early in the morning). Prime (Lat. primus, first), was so called because it was the first hour of the day, viz., six a.m. Tierce (Lat. tertiuSy Pr. tiers, third), because it was the third hour, viz., nine a.m. Sext. (Lat. sextus, sixth), because it was the sixth hour, viz., noon. Nones (Lat. nonus, ninth), because it was the ninth hour, viz., three p.m. Vespers (Lat. vesper, evening), was an evening service. Compline (Lat. compleo, to fill up), was so called because it completed the service of the day. These ser- vices consisted of prayers, psalms, canticles, and lections from Holy Writ and the fathers. It is supposed that the canonical hours were intended to commemorate the sufferings of our Lord, and this view is borne out by a passage in the Apostolical Con- stitutions : — Ye shall make prayer in the morning, giving thanks because the Lord hath enlightened you, removing the night and bringing the day ; at the third hour, because the Lord then received sentence from Pilate ; at the sixth, because He was crucified ; at the ninth, because all thing? v/ere shaken when the Lord was crucified, trembling at the audacity of the impious Jews, not enduring that their Lord should be insulted; at evening giving thanks, because He hath given the night for rest from labour; at cock-crowing, because that hour gives glad tidings that the day is dawning in which to work the works of light." A somewhat different explanation is afforded in the following stanzas : — ' ' At matins bound, at prime reviled. Condemned to death at tierce, Nailed to the cross at sext, at nones His blessed side they pierce. They take Him down at vesper- tide, In grave at compline lay ; AVho thenceforth bids His Church observe Her sevenfold hours alway." — Emn Daniel. K 146 COMPOSITIO^nT EEAL— coxfessoe. COMPOSITION REAL, for tithes, is where the incumbent of any church, together with the patron and ordinary, do agree by deed under their hands and seals, or by fine in the king's court, that certain lands shall be freed and discharged of the payment of tithes for ever, paying some annual payment, or doing some other thing, to the benefit of the parson or vicar to whom the tithes did belong. — B. L. D, COMPURGATOR was one who made oath, together with the defendant, of the defendant's innocence with respect to the matter charged against him. — B. L. D. [See also L. J, Z>.] COMPUTUS. Formerly the name of a calendar whereby the movable feasts were determined. CONCHA. A vessel similar in shape to a shell, used for pouring the water in holy baptism ; also an apsidal chancel. CONFESSION. By Canon 113, empowering ministers to present offences at the court of visitation, it is provided that if any man confess his secret and hidden sins to the minister, for the unburdening of his conscience, and to receive spiritual con- solation and ease of mind from him, he shall not in any wise be bound by this constitution, but is straitly charged and admo- nished that he do not at any time reveal and make known to any person whatsoever any crime or offence so committed to his trust and decency (except they be such crimes as by the laws of this realm his own life may be called in question for concealing the same), under pain of irregularity. — B, E. L, [See 31 Hen. YIIT. cap. 14, sees. 3 & 11.] CONFESSIONAL or CONFESSIONARY. In Church his- tory a place in churches, usually under the main altar, wherein w^ere deposited the bodies of deceased saints, martyrs, and con- fessors. Confessional is also used in the Romish Church for a little box or desk in the church, where the confessor takes the confessions of the penitent. — E. G, C. [See L. J. Z>.] CONFESSION OF FAITH. A formulary in which the Articles of Faith are comprised and set forth. The phrase — con- fession of faith — was originally used only for the three creeds, but extended in the sixteenth century to elaborate collections of articles further expository of religious faith. [See 13 Eliz. cap. 12.] CONFESSOR (Lat. confessor, confessionarius) hath relation to private confession of sins, in order to absolution ; and the priest wdio received the auricular confession had the title of confessor, though improperly, for he is rather the confessee, being the person to whom the confession is made. This receiv- 3 COXriEMATIOX— CONFOEMITY. 147 ing the confession of a penitent was, in old English, to shreve or shrive ; whence comes the word beshrieved, or looking like a confessed or shrieved person, on whom was imposed some un- easy penance. The most solemn time of confessing was the day before Lent, which from thence is still called Shrove-Tuesday. — Cowel. T. L. D, [See 9 Edw. II. cap. 10.] CONFIRMATION of lands is of a nature nearly allied to a release. Lord Coke defines it to be a conveyance of an estate or right in esse, whereby a voidable estate is made sure and un- avoidable, or whereby a particular estate is increased. It is a strengthening of an estate formerly made, which is voidable, though not presently void ; as, for example, a bishop granteth his chancellorship by patent, for term of the patentee's life ; this is not a void grant, but voidable by the bishop's death, except it be strengthened by the confirmation of the dean and chapter. — B. L. D. CONFIRMATION, SACRAMENTAL. A sacramental rite by which the spiritual life given in baptism is strengthened and perfected. In the English Church it is administered only by the bishop by the external act of the imposition of hands, and the use of a certain form of invocation or prayer. [See Confir- mation Service in the Book of Common Prayer.] The ancients called it chrisma and unction. Among them it was conferred immediately after baptism, and was esteemed, in some measure, a part thereof, whence the fathers call it the accomplishment of baptism. Among the Greeks and throughout the East it still accompanies baptism, but the Eomanists make it a distinct, independent sacrament. It appears that confirmation has all along been ordinarily conferred by the bishop. St. Cyprian and most of the fathers speak of it in such terms as imply it to have been confined to the bishop alone, and Fleury and most of the moderns from them lay it down as a distinguishing character between the offices of a priest or deacon and that of a bishop, that the former might baptize, but the latter alone might anoint and confirm, by virtue of their succession to the apostles, to whom it origi- nally belonged.— ^. C. C, [See B. D. D, H, T.] CONFORMITY, DECLARATION OF. The pledge of con- formity to the liturgy which is required of those instituted to an ecclesiastical charge in the Church of England. Annexed is the form used : — I, A. B., do declare that I will conform to the liturgy of the Church of England as by law established.'* This declaration had to be made and subscribed before the 148 COJsGE— CONSECRATION. bishop or his commissary, the making and subscription being testified under the episcopal seal of the bishop. [See 35 Eliz. cap. I, sees. 2-7.] ^ CONGE, in the French law, a licence or permission granted by a superior to an inferior, which gives him a dispensation from some duty to which he was before obliged. A woman could not .obligate herself without the conge or licence of her husband ; a monk could not go out of his convent without the conge of his superiors. CONGE D'ELIRE is the king's permission royal to a dean and chapter in time of a vacancy to choose a bishop. Gwyn observes that the King of England, as sovereign patron of all bishoprics and other benefices, had anciently the free appoint- ment of all ecclesiastical dignities, investing, first, per hacculum ct annulum, and afterwards by letters patent ; but that, in process of time, he made the election over to others under certain forms and conditions, as that they should at every vacancy, ere they chose, demand of the king conge d^elire, i.e., leave to proceed to elec- tion, and after election to crave his royal assent, &c. He adds that King John was the first who granted this, which was afterwards confirmed by Stat. West., and again in the articuU cleri. — E. C. C. [See 9 Edw. 11. stat. i.] A statute was passed in the reign of Edward YI. abolishing elections by writ of conge d^elire, as being " indeed no elections, seeming also derogatory and prejudicial to the king's prerogative royal, to whom only appertaineth the collation and gift of all arch- bishoprics and bishoprics and suffragan bishops within his higli- ness's said realm." [See i Edw. YI. cap. 2, and i Eliz. cap. i.] CONSECEATION. The act of converting or setting apart any profane or common thing to 'a pious purpose, with certain ceremonies, prayers, benedictions, &c., appropriate thereto. Consecration is the reverse of sacrilege and profanation, which consist in perverting a thing set apart for a pious purpose to a profane and popular one. The bishop consecrates a church or a chalice, the Pope conse- crates medals, Agnus Dei's, &c., and grants indulgences to those who bear them about them with devotion. The consecration or dedication of a church is an episcopal ceremony, consisting of benedictions in some cases, as in the Romish Church, with aspersions and unctions of chrism, &c., on the walls both withinside and without. The custom of consecrating persons, temples, altars, vestments, utensils, &c., is very ancient, and all the ceremonies thereof CONSISTORY— CONSOLIDATEi). 149 are prescribed under tlie old law. Under the new law, when those consecrations relate to men, and are performed by appoint- ment of Jesus Christ, they are properly called "ordinations," excepting those performed to bishops and kings, which still retain the name of " consecration." Those which only consist in a ceremony instituted by the Church are more properly called " benedictions." When they regard churches, altars, vessels, &c., they are strictly called "dedications." — E, C. C, [See P. K L., pp. 38, CONSISTORY {consistoinum) signifies as much as prcetorium or tribunal ; it is commonly used for a council-house of ecclesias- tical persons, or place of justice in the spiritual court ; a session or assembly of prelates. And every archbishop and bishop of every diocese hath a consistory court, held before his chancellor or commissary, in his cathedral church, or other convenient jDlace of his diocese, for ecclesiastical causes. The bishop's chancellor is the judge of this court, supposed to be skilled in the civil and canon law ; and in places of the diocese far remote from the bishop's consistory, the bishop appoints a commissary (commissarms foraneus) to judge in all causes within a certain district, and a register to enter his decrees, &c. From the sen- tence of this consistory court an appeal lies, by virtue of statute 24 Henry YIII. cap. 12, to the archbishop of each province respectively. — T. L, Z). [See P. E, L., p. 1202.] CONSOLIDATED CHAPELRIES are formed by scheme drawn up by the Ecclesiastical Commissioners and by an order of the Queen in Council, and by the consents of the bishop and patron, or a majority of the patrons of the several parishes affected by the formation of a new chapelry. The endowments of the parishes out of which a consolidated chapelry is formed are not affected by its creation. The incumbent of any such parish may annex tithes to the new church, or may charge his living with an annual payment in favour of the minister of such church. Upon the formation of the consolidated chapelry the offices of the Church may be performed in the church thereof, the fees being reserved to the incumbents of the several mother parishes until a voidance of their incumbencies, or until they relinquish the fees. The commissioners, if they have made a grant of the building to the new church, may authorise pew- rents and fix their scale. The minister of the new chapelry is independent except as to fees, for which he is to account to the several incumbents having vested interests therein. The 150 CONSOLIDATION— C0XSTITUTI0:N"S patronage of the new cliapelry is settled by the patron, or a majority of the patrons of the several new parishes out of which it has been taken. [See 8 & 9 Yict. cap. 70, sec. 9; 14 & 15 Yict. cap. 97, sees. 19 & 20; i & 2 Yict. cap. 107, sec. 14; and 59 Geo. III. cap. 134, sec. 6. See also P. E. L., p. 2172.] CONSOLIDATION {consoUdatio) is used for the uniting of two benefices into one, which union is to be by the assent of the ordinary, patron, incumbent, &c., and to be of small churches lying near together. This word is taken from the civil law, where it signifies properly a uniting of the possession, occupancy, or profit of lands, &c., with the property. — T. L. D, [See 37 Hen. YIII. cap. 21.] CONSTITUTIONS AND CANONS ECCLESIASTICAL. The constitutions and canons ecclesiastical, which are a part of the law by which the Church of England is governed, were agreed upon by a convocation of the province of Canterbury, meeting under authority of the King's Majesty's licence in their Synod at London, a.d. 1603. These constitutions and canons may be thus briefly summarised : — Division i. — Concerning the Chuech of England and the Im- PUGNERS OF HER CONSTITUTION, OrDER, AND WORSHIP. — Canon I Sets forth the king's supremacy in all courts ecclesiastical, &c. By the second, impugners of the king's supremacy are censured. The third declares the Church of England to be a true and apostolical Church. The fourth censures all who impugn the public worship of God as established by the Church of England. The fifth censures all who impugn the Thirty- Nine Articles. The sixth censures all who impugn the rights and cere- monies in use in the Church of England ; and the seventh censures those who call in question the government of the Church of England by arch- bishops, bishops, &c. The eighth visits with censure those who impugn the form of consecrating and ordering archbishops and bishops, &c. The ninth aims at censures on the authors of schisms, and the tenth at the maintainers of schismatics in the Church of England. The eleventh places its ban upon maintainers of conventicles, and the twelfth censures the maintainers of constitutions made in conventicles. Division 2. — Concerning the Divine Service and Administration OF the Sacraments. — Canon 13 prescribes for the due celebration of Sundays and holidays ; fourteen, for the form of divine service to be used on Sundays and holidays ; the fifteenth, for the litany and services to be read on Wednesdays and Fridaj^s. The sixteenth regulates the form of divine services in colleges and halls of the universities. The seventeenth ordains that students in colleges are to Avear surplices during the time of divine service. The eighteenth enjoins reverence and attention to be used in the church during divine service. The nineteenth orders that loiterers near the church in time of divine service are not to be permitted. Canon 20 orders that bread and wine are to be provided for every Com- munion. Twenty-one provides that the Holy Communion shall be received thrice a year, and instructs the minister as to certain details in the cele- CONSTITUTIONS AND CANONS. 151 bration. Twenty-two has reference to warning to be given beforehand as to the time when the Holy Communion shall be celebrated, and sets forth that every lay person is bound to receive the Holy Communion thrice every year. Twenty-three orders that students in colleges are to receive the Holy Communion four times a year. Twenty-four provides for the wearing of copes in cathedral churches by those who celebrate the Holy Communion. Twenty-five prescribes the use on the part of officiating ministers of surplices and hoods, to be worn in cathedral churches when there is no Communion. By Canons 26, 27, and 28, notorious offenders, schismatics, and strangers are not to be admitted to the Holy Communion. By Canon 29 fees are forbidden to be given in baptism, and children are not allowed to communicate. By Canon 30 the lawful use of the cross in baptism is explained. Division 3. — Concerning Ministers, their Ordination, Offices, Benefices, and Ministrations. — Canon 31 appoints four solemn times in the year, viz, , the Ember Weeks, for making and ordaining ministers. Canon 32 declares that none are to be made deacon and minister in one day. Canon 33 has reference to the titles of such as are to be made minis- ters ; Canon 34 relates to the quality of such as are to be made ministers. Canon 35 refers to the examination of such as are to be made ministers, and Canon 36 the declaration and subscription required of them. Canon 37 concerns the subscription to be made before the diocesan. By Canon 38 revolters, after such declaration and subscription, are censured. By Canon 39 cautions are given for the institution of ministers into benefices, while Canon 40 declares against simony at institutions into livings. By Canon 41 licences for holding plurality of benefices are limited, and residence is enjoined. Canon 42 enjoins all deans' residence in their churches, and Canon 43 provides that deans and prebendaries are to preach during their time of residence. Canon 44 states that prebendaries are to be resident on their benefices. Canon 45 provides that beneficed preachers who are resident upon their benefices are to preach every Sunday. Canon 46 sets forth that beneficed men, not preachers, are to procure monthly sermons. Canon 47 makes provision for curates, being approved preachers, taking the place of beneficed men not being resident in their parishes. Canon 48 provides that none are to serve as curates but those who are approved of by the bishop of the diocese. Canon 49 sets forth that ministers not allowed to preach may not expound. Canon 50 makes careful provision that strangers, not showing their licences to the proper authority, are not to be allowed to preach in any church. Canon 5 1 provides that cathedral authorities shall suff'er no stranger to preach in their churches except they be allowed by the archbishop of the pro- vince, the bishop of the diocese, or by either of the universities. Canon 52 prescribes that the names of strange preachers are to be entered in a book. Canon 53 forbids opposition between preachers. Canon 54 declares that the licences of preachers refusing to conform are to be void. Canon 55 prescribes the form of prayer to be used by all preachers before their sermons, namely, the "bidding prayer." Canon 56 declares that preachers and lecturers are to read divine service, and celebrate Holy Communion twice a year at least. Canon 57 sets forth that the holy sacraments are not to be refused when administered at the hands of a non-preaching minister. Canon 58 prescribes that the ministers reading divine service and administering the sacraments are to wear surplices, and graduates their hoods ; and that it shall be lawful for those who are 152 CONSTITUTIONS AND CANONS. tion -graduate to wear upon their surplices, instead of hoods, some decent tippet of black, so it be not silk. Canon 59 enjoins catechising in church every Sunday after the second lesson at evening prayers. Canon 60 enjoins the administration of the rite of confirmation once in three years. Canon 61 has reference to ministers preparing children for confirmation. Canon 62 forbids ministers to marry persons without banns or licence. Canon 63 cautions ministers of exempt churches not to marry without banns or licence. By Canon 64 ministers are solemnly to give notice of holy-days. By Canon 65 ministers are to denounce recusants and excom- municates. Canon 66 provides for conference of ministers with recusants. Canon 67 arranges for ministers to visit the sick. Canon 68 sets forth the penalties attaching to ministers refusing to christen or bury. By Canon 69 ministers are not to defer christening if the child be in danger. By Canon 70 it is provided that ministers are to keep a register of christenings, weddings, and burials. By Canon 71 it is set forth that ministers are not to preach or administer the Holy Communion in private houses. Canon 72 provides that ministers are not to attend public or private fasts, or to exorcise, but by authority. Canon 73 forbids ministers to hold private conventicles. Canon 74 enjoins upon ministers decency in apparel, and prescribes what they may w^ear. By Canon 75 sober conversation in ministers is required ; and Canon 76 forbids ministers at any time to forsake their calling. Division 4.— Schoolmasters. — By Canon 77 it is provided that none are to exercise the office of a teacher without licence. By Canon 78 curates desirous of teaching are to be licenced so to do before others. Canon 79 sets forth the duty of schoolmasters. Division 5. — Things Appertaining to the Church. — By Canon 80 the great Bible and Book of Common Prayer are to be placed in every church. Canon 81 provides that a font of stone for baptism shall be placed in every church. Canon 82 arranges for the providing of a decent communion table, Canon 83 for a pulpit, Canon 84 for a chest for alms ; and Canon 85 prescribes that churches shall be kept in due and sufiicient repair. Canon 86 arranges a survey of churches with reference to their decay, &c., to be certified to the High Commissioners. Canon 87 provides for terrier of glebe lands and other possessions belonging to churches. Canon 88 contains provisions against the profanation of churches. Division 6 Concerns Churchwardens or Questmen, Sidesmen, AND Assistants. — Canon 89 has reference to the choice of churchwardens and their account. Canon 90 relates to the choice of sidesmen, and their joint-office with churchwardens. Canon 91 provides for the choice and appointment of parish clerks. Division 7 Concerns Ecclesiastical Courts belonging to Arch- bishop's Jurisdiction. — Canons 92 and 93 have reference to the probate of wills ; and Canon 94 sets forth that none are to be cited into the Arches or Audiences but dwellers in the archbishop's diocese or peculiars. By Canon 95 double c[uarvels are restrained. By Canon 96 no inhibition is to be granted without the subscription of an advocate. Canon 97 provides that no inhibition is to be granted until the appeal be exhibited to the judge. Canon 98 sets forth that no inhibition is to be granted to factious appellants, unless they do first promise and avow that they will faithfully keep and observe all rites and ceremonies, as also the prescript form of prayer, and subscribe to that effect. Canon 99 provides that none are to marry within the prohibited degrees, and Canon 100 sets forth that none CONSTITUTIONS AND CANONS. 153 are to many under twenty-one years without their parents' or their guardians' consent. Canon loi states by whom licences to marry without banns are to be granted, and to what sort of persons. Canon 102 specifies the security to be taken at the granting of such licences and under what conditions. Canon 103 specifies the oaths to be taken for the conditions. Canon 104 has reference to widowhood, and Canon 105 declares that no sentence for divorce is to be given upon the sole confes- sion of husband and wife. Canon 106 declares that no sentence for divorce is to be given but in open court. Canon 107 provides that in all sentences for divorce bonds are to be taken for not marrying during each other's life. Canon 108 prescribes the penalty for judges offending in the premises of ecclesiastical courts belonging to the jurisdiction of bishops and archdeacons, and the proceedings in them. Canon 109 sets forth that notorious crimes and scandals are to be certified into the ecclesiastical courts by presentments. Canons no, in, and 112 respec- tively set forth that schismatics, disturbers of divine service, and non- communicants at Easter are to be presented; and Canon 113, that ministers may present. By Canons 113 and 114 it is provided that ministers may and shall present recusants. Canon 115 shields ministers and churchwardens from suits at law for presenting. Canon 116 declares that churchwardens are not bound to present oftener than twice a year ; and Canon 117 provides that churchwardens are not to be troubled for not presenting oftener than twice a year. Canon 118 sets forth that out- going churchwardens are to make their presentments before the new be sworn in. Canon 119 has reference to the convenient time for framing presentments. Canon 120 refers to citation into ecclesiastical courts ; and Canon 121 provides that none are to be cited into several courts for one crime. Canon 122 declares that no sentence of deprivation or deposition is to be pronounced against a minister but by the bishop ; and Canon 123 declares that no act is to be sped but in open court. Canon 124 provides that no court is to have more than one seal, while Canon 125 enjoins that convenient places are to be chosen for the keeping of courts. Division 8. — Judges Ecclesiastical and their Surrogates. — Canon 127 has reference to the quality and oaths of judges; Canon 128, of the qualification of surrogates. Division 9. — Proctors. — Canon 129 provides that proctors are not to retain causes without the lawful assignment of the parties concerned. Canon 130 states that in doing so they must have counsel of an advocate, while Canon 131 forbids their concluding in any cause without the know- ledge of an advocate. Canon 133 enjoins on proctors not to be clamorous in court, that they "refrain from loud speech and babbling, and behave them- selves quietly and modestly ; and that when either of the judges or advo- cates, or any of them, shall speak, they presently be silent, upon pain of silencing for two whole terms then immediately following such offence of theirs." Division 10. — Registrars. — Canon 134 provides for reformation of abuses with reference to registrars, while Canon 135 prescribes a certain rate of fees due to ecclesiastical officers, and Canon 136 prescribes that a table of the rates and fees shall be set up in courts and registries. Canon 137 provides that the whole fees for showing letters of orders and other licences are due but once in every bishop's time. Division it. — Apparitors. — By Canon 138 the number of apparitors are to be restrained. 1 54 COIsTSTITUTIOISrS— CONVENT. Division 12. — Authority of Synods. — By Canon 139 the national synod is the Church representative. Canon 140 sets forth that synods conclude as well the absent as the present ; while Canon 141 censures all depravers of the synod. CONSTITUTIONS OF CLARENDON. A concordat drawn tip at Clarendon 11 64, between Church and State, defining their separate jurisdictions. The result of a quarrel between Henry II. and Thomas a Becket respecting the rights and liberties of the Church. [See B. D. D. H. T.] CONSULTATION [consultatio]. A writ whereby a cause having been removed by prohibition from the Ecclesiastical Court to the King's Court, is returned thither again ; for if the judges of the King's Court, upon comparing the libel with the suggestion of the party, find the suggestion false, or not proved, and therefore the cause to be wrongfully called from the Ecclesi- astical Court, then upon this consultation or deliberation they decree it to be returned, whereupon the writ in this case obtained is called a consultation. Causes of which the ecclesiastical or spiritual courts have jurisdiction are of administrations, admission of clerks, adultery, appeals in ecclesiastical causes, apostasy, general bastardy, blas- phemy, solicitation of chastity, dilapidations and church repairs, celebration of divine service, divorces, fornication, heresy, incest, institution of clerks, marriage rites, oblations, obventions, or- dinations, commutation of penance, pensions, procurations, schism, simony, tithes, probate of wills, &c. ; and where a suit is in the Ecclesiastical Court, for any of these causes or the like, and not mixed with any temporal thing, if a suggestion is made for a prohibition, a consultation shall be awarded. — T. L, D. and P. E. L.^ p. 1439. [See stat. 24 Edw. I.] CONTRA {formam collationis). A writ that lay where a man had given lands in perpetual alms to any lay houses of religion, as to an abbot and convent, or to the warden or master of any hospital and his convent, to find certain poor men with neces- saries, and do divine service, &c. If they aliened the land, to the disherison of the house and church, then the donor or his heirs should bring this writ to recover the lands. It was had against the abbot or his successor, not against the alienee, though he were tenant of the land. — T. L. D. CONVENT (conventus) signifies the fraternity of a religious house, as of an abbey or priory. So a conventual church is a church that consists of regular clerks professing some of the religious orders. In the conventual cathedrals the bishop was in the place of the abbot or prior. — B. L, D, CONVENTICLE— CONYERSOS 155 CONVENTICLE {conventiculum). A private assembly or meeting for the exercise of religion, first used as a term of dis- grace for the meetings of WyclifFe, and again applied to the illegal meetings of the Nonconformists. It is mentioned in the statutes of Henry lY., Henry YL, and Charles II. ; which latter statute was made to prevent and suppress conventicles ; and by another statute of Charles 11. it was enacted that if any person of the age of sixteen years, subjects of this kingdom, should be pre- sent at any conventicle where five or more assembled, they were to be fined 5s. for the first offence and los. for the second. By the 73d canon it is thus ordained : — Forasmuch as all conventicles and secret meetings of priests and ministers have ever been justly accounted very hateful to the state of the Church wherein they live, we do ordain that no priests or ministers of the Word of God, nor any other persons, shall meet together in any private house, or elsewhere, to consult upon any matter or course to be taken by them, or upon their motion or direction by any other, which may any way tend to the impeaching or depraving of the doctrine of the Church of England, or the Eook of Common Prayer, or any part of the government or dis- cipline now established in the Church of England, under pain of excommunication ipso facto — T, L. D. [See 2 Hen. lY. cap. 15; I Hen. YI. cap. 2 ; 16 Chas. 11. cap. 4 ; and 2 2 Chas. II. cap. I.] CONVENTICLE ACT. A statute passed in 1664 by which it was enacted that a meeting of more than five persons (except the household) for religious worship not in accordance with the Book of Common Prayer, was a seditious assembly. [See 16 Chas. II. cap. 4.] CONVENTION. A council or synod of the Church consist- ing of delegates from both clergy and laity. [See Diocesan Conference.] CONVENTUAL CHURCH. A church that consisted of regular clerks, professing some order of religion ; or of dean and chapter, or other societies of spiritual men. CONVENTUALS. Eeligious men united together in a con- vent or religious house. [See L. J. Z).] CONVERSOS. The Jews here in England were formerly called Conversos, because they were converted to the Christian religion. King Henry III. built a house for them in London, and allowed them a competent provision or subsistence for their lives, and this house was called Domus Conversonim, But by reason of the vast expenses of the wars, and the increase of those converts, they became a burden to the crown, so that they were CONVOCATION. placed in abbeys and monasteries for their support and mainte- nance. And the Jews being afterwards banished, King Edward III. in the fifty-first year of his reign, gave this house which had been used for the converted Jews for the keeping of the rolls ; and it is said to be the same which was till lately enjoyed by the Master of the Eolls.— T. L, D. CONVOCATION (convocaiio). The assembly of the repre- sentatives of the clergy of the two provinces of Canterbury and York, heretofore convened, to consult of ecclesiastical matters in time of parliament. The two convocations were distinct and independent of each other; and when they used to tax the clergy the different convocations sometimes granted different subsidies. In 22 Henry VIII. the Convocation of Canterbury had granted the king ^100,000, in consideration of which an act of parliament was passed, granting a free pardon to the clergy for all spiritual offences, but with a proviso that it should not extend to the province of York, unless its convocation w^ould grant a subsidy in proportion, or unless its clergy would bind themselves individually to contribute as bountifully. All deans and archdeacons were members of the convocation of their province, each chapter sending one proctor or representa- tive, and the parochial clergy in each diocese of Canterbury two proctors ; but on account of the small number of dioceses in the province of York each archdeaconry elected two proctors. In York the convocation consisted only of one house, but for Canterbury of two houses, of which the twenty-two bishops formed the Upper House ; and before the Eef ormation, abbots, priors, and other mitred prelates sat with the bishops. The Lower House of Convocation in the province of Canterbury con- sisted of twenty-two deans, fifty-three archdeacons, twenty four proctors for the chapters, and forty-four proctors for the parochial clergy. By a statute of Henry VI., the clergy in their attendance on the convocation had the same privilege in freedom from arrest as the members of the House of Commons in their attendance on parliament. The convocation is still summoned by the archbishop's writ, under the sovereign's directions, along with every new parlia- ment, to which assembly it bore analogy in its constituent parts and primary functions. In those assemblies subsidies were con- tinually granted, payable by the clergy, and ecclesiastical canons Avere enacted. In a few instances, under Henry VIII. and Elizabeth, they were consulted as to momentous questions COPE— COEBEL STOiN^ES. 157 affecting the national religion. In 1533 the supremacy of tho former monarch was approved, and in 1562 the articles of faith were confirmed by the convocation. Their power to enact fresh canons without the king's licence was restrained by a statute of Henry YIIL, and is now further greatly limited by several later acts of parliament, such as the Act of Uniformity, the act con- firming the Thirty-]^ine Articles of religion, the acts relating to non-residence and other church matters ; and still more perhaps by the doctrine gradually established in Westminster Hall that new ecclesiastical canons are not binding on the laity. During a long period the convocation had little business but to grant subsidies, which, however, from the time of Henry YIIL were always confirmed by act of parliament — an intimation, no doubt, that the legislature did not wholly acquiesce in their power even of binding the clergy in a matter of property. This practice of ecclesiastical taxation was silently discontinued in 1664. A statute was passed in the reign of Charles II. by which the clergy were first charged in common with the laity, and dis- charged from the subsidies before granted in convocation, but with an express saving of their right to tax themselves in con- vocation should they think fit ; but that has never been done since, the clergy having constantly been charged with the laity in all public aids. After that period the clergy assumed, and have been permitted to enjoy, the privilege of voting in the election of members of the House of Commons ; and this right appears to be acknowledged by statutes of Anne and George II. — T. L, D. [See 31 Hen. YIIL cap. 14; 2 Hen. YI. cap. 11 ; stat. 22 Hen. YIIL ; 8 Hen. YI. cap. i ; 25 Hen. YIIL cap. 19 ; 16 & 17 Chas. 11. cap. i ; 10 Anne, cap. 32 ; and 18 Geo. IL cap. 18. See also B. D. D. H. T.] COPE. In the Church of England, a long flowing mantle, open in front, but fastened on the breast. It has a cape attached to the part which covers the shoulders. It is made of various materials and colours, and is often highly ornamented. [See P. E. L. p. 911, &c. ; also B. A. B, C. P., p. 159, &c.] COQUINARITJS. The cook in a monastery who presided in the kitchen for the dressing of victuals. — B. K L, OOBBEL STONES are stones wherein images stand. The old English corbel was properly a niche in the wall of a church or other structure, in which an image was placed for ornament or superstition ; and the corbel stones were the smooth polished stones laid for the front and outside of the corbels or niches. The niches remain on the outside of very many churches and 158 COEODY— COEOXAEE FILIUIVI. steeples in England, tliough the little statues and reliques are most of them broken down. — T. L. D, CORODYor CORRODY was an allowance of meat, drink, money, clothing, lodging, and suchlike necessaries for sustenance. The sovereign, by the ancient law, was entitled to a corody out of every bishopric ; that is, to send one of his chaplains to be maintained by the bishop, or to have a pension allowed him, till the bishop promoted him to a benefice. This was in the nature of an acknow- ledgment to the king, as founder of the see, since he had formerly the same corody or pension from every abbey or priory of royal foundation. But these corodies are now totally fallen into disuse. — B. L. D. By i Edward III. stat. 2, cap. 10, it was enacted that there shall be no more grants of corodies at the king's request by bishops, abbots, &c. By 14 Edward III. stat. 4, cap. I, the goods and chattels of spiritual persons were not to be taken away by purveyance without the owner's consent, the king himself undertaking that "none by us nor by other, by commission of the great seal, nor of the small, nor without commission, shall take any corn, hay, beast, carriage, nor other goods of archbishops, bishops, abbots, friars, abbesses, prioresses, parsons, vicars, or of other people of Holy Church against the agreement and will of the owners of such goods, and we do defend that from henceforth no such commissions under the great seal or small shall in any wise go forth to make such prices. For we do take the said prelates and clergy, their possessions, goods, and chattels into special protection and defence of us and our heirs. Also we grant for us and our heirs that we shall not from henceforth charge any of the said prelates or clergy, nor their houses, to receive guests nor sojourners of Scotland nor of other countries, nor our horses, nor dogs, falcons, nor any other hawks of ours, nor others, against their free and will," the king reserving to himself always such services as to him by right were due. [See L. J. Z).] CORONA. A circlet or crown to hold tapers or gas jets. It is often suspended from the roof or vaulting of a church. CORONA MALA or MALA CORONA. The clergy who abused their character were formerly so called. — Blount. CORONA PRESBYTERII. Anciently a name of the pres- byters, from their custom, when assembled, of sitting in a semi- circle. CORONARE FILIUM. To make one's son a priest. Anciently lords of manors, whose tenants held by villenage, did prohibit them coronare Jilios, lest such lords should lose a villein by their COEONATIO:Nr, OATH or— COErOEAL. 1 59 entering into holy orders ; for ordination changed their condition and gave them liberty, to the prejudice of the lord, who could before claim them as his -natives or born servants. Homo coro- natus was one who had received the first tonsure, as preparatory to superior orders ; and the tonsure was in form of a corona or crown of thorns. — Cowel, CORONATION, OATH OF. The Archbishop or Bishop shall say. Will you solemnly promise and swear to govern the people of this [kingdom of England, — see now stat. 5 Anne, cap. 8, sec. I J as to the union of Scotland, and 39 & 40 Geo. III. cap. 67, as to the union of Ireland, and which together is called " The United Kingdom of Great Britain and Ireland and the dominions thereto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same ? The King or Queen shall say : I solemnly promise so to do. Abj). or Bp. : Will you to your power cause law and justice, in mercy, to be executed in all your judgments ? K. or Q. : I will. Abp. or Bp. : Will you to the utmost of your power maintain the laws of God, the true profession of the Gospel, and the Pro- testant reformed religion established by the law ; and will you preserve unto the bishops and the clergy of this realm, and to the churches committed to their charge, all such rights and privi- leges as by law do or shall appertain unto them or any of them ? K. or Q. : All this I promise to do. After this the King or Queen, laying his or her hand upon the Holy Gospels, shall say : The things which I have here before promised I will perform and keep ; so help me God. And then shall kiss the book. See I Will. & Mary, sess. i, .cap. 6. For full particulars as to he service performed at the coronation, see Phill., vol. i. pp. 1054-74.] CORONATUS was anciently the designation of a clergyman, properly such a one as had r-eceived the first tonsure, as pre- paratory to superior orders, which tonsure was in the form of a corona or crown of thorns. CORPORAL. The white linen cloth spread over what is left of the consecrated bread and wine after the celebration of the Holy Communion. Wheatly, in his "Book of Common Prayer," in quoting the rubric in the Communion Service, says : — " When all have communicated, the minister is directed to return to the Lord's table, and reverently place upon it what remaineth of the consecrated elements, covering the same with a fair linen cloth, which by the ancient writers and the Scotch Liturgy is called the Corporal, from its being spread over the conse- i6o CORPOEAS— COEPOEATIOX. crated bread or body of Christ." [See Eubric in Communion Service.] CORPORAS. A fair white linen cloth placed on the paten," and upon which is laid the bread used at the Holy Communion. It is distinguished from the corporal, in the latter being required to be thrown over the bread and wine which remain after all have communicated. This cloth was prescribed in the first liturgy of Edward YI. (a.d. 1549). The rubric thus reads : — " Then shall the minister take so much bread and wine as shall suffice for . the persons appointed to receive the Holy Communion, laying the bread upon the cor- poras, or else in the paten, or some other comely thing prepared for that purpose/' &c. — S. E. D. CORPORATION. A body politic or incorporate, so called because the several members thereof are formed into one body, and are qualified to take, purchase, grant, have a common seal, sue and be sued, &c., in their joint capacity. A corporation or body politic may commence or be made by the common law, by the king's charter or letters patent, by act of parliament, or by prescription, i. By the common law, as the king, bishops, some deans, archdeacons, prebendaries, parsons, vicars, churchwardens, to some purposes. 2. Ey the king's charter or letters patent, to which purpose he may also communicate his authority to others. 3. By act of parliament ; so the College of Physicians in London was made a corporation. 4. By prescription ; as that which hath been and continued a corporation time out of mind, though the charter, by length of time or other accident, hath been lost. Corporations are either aggregate or sole. A corporation aggregate consists of many persons united together in one society ; of which kind are the mayor and commonalty of a city, the head and fellows of a college, the dean and chapter of a cathedral church. A corporation sole consists of one person only and his suc- cessors, in some particular station, who are incorporated by law, in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural persons they could not have had. In which sense the king is a sole corporation, so is a bishop, so are some deans and prebendaries, distinct from {heir several chapters, and so is every parson and vicar. Another division of corporations, whether aggregate or sole, is into ecclesiastical and lay. Ecclesiastical corporations are COEPOEATIOK ACT— CORSNED BREAD. i6i where the members that compose the same are entirely spiritual persons ; such as bishops, deans, and chapters, certain deans and prebendaries in their sole capacity, all archdeacons, parsons, and vicars. — B. L. D. [See P. K L.^ p. 1645.] Ey virtue of 5 & 6 William lY. cap. 76, sec. 139, and i & 2 Victoria, cap. 31, municipal corporations being possessed of advowsons or other church patronage were authorised to sell the same, the proceeds of which were to be paid to the treasurer of the borough ; and they were enabled, if so disposed, to endow, augment, and sell the patronage of stipendiary curacies, which curacies were thereupon to become perpetual curacies. CORPORATION ACT. An act of parliament passed in the reign of Charles II. for preventing dissenters from being appointed to offices in towns corporate, whereby it was enacted that no person should be elected to any office relating to the government of any city or corporation unless within a year before he had received the sacrament of the Lord's Supper according to the rites of the Church of England; and he was also enjoined to take the oaths of allegiance and supremacy at the time of taking the oath of office, in default of either of which requisites the election was to be void. — B. L. D, [See 13 Chas. II. stat. 2, cap. I.] This act was repealed by 9 George lY. cap. 17, abolishing the necessity of receiving the Sacrament of the Lord's Supper as a qualification of certain offices and emplo}^- ments. CORPUS CHRISTI. The body of Christ. In the Church of Rome an annual festival with this name is observed on the Thursday after Trinity Sunday. It was instituted by Pope Urban lY., a.d. 1264, with the design of commemorating the corporal presence of Christ in the holy Eucharist. The Church of England has no such festival, having abrogated it at the Eeformation. CORSNED BREAD (pants conjuratus). The morsel of exe- cration. This was a kind of superstitious trial among our Saxon ancestors, to purge themselves of any accusation by taking a piece of bread of about an ounce weight, which was consecrated by a sort of exorcism, praying of the Almighty that it might cause convulsions, and find no passage, if what they affirmed or denied were not true. The form of execration was thus : We beseech Thee, 0 Lord, that when he who is guilty of this theft hath the exorcised bread offered to him in order to discover the truth, his jaws may be shut, his throat so narrow that lie may not swallow, and that he may cast it out of his mouth, and i62 COUNCIL m LONDOI^— COURT not eat it. From whence it may seem that the purgation was originally by the very sacramental bread itself, received with solemn abjuration and devout expectance that it would prove mortal to those who dared to swallow it in falsehood, till at length the bishops and clergy were not willing to prostitute the communion bread to suchlike purposes, but they allowed the people to practise the same judicial rite in eating some other morsels of bread consecrated to the like uses. This mode of trial seems to have been an imitation of the trial of jealousy, by the bitter water that caused the curse under the Mosaic law (Xum. v.). It is recorded of Godwin, Earl of Kent, in the time of King Edward the Confessor, that, on his abjuring the murder of the king's brother, by this way of trial, as a just judgment for his solemn perjury, the bread stuck in his throat and choked him. This, with other barbarous ways of purgation, was by degrees abolished, though we have still remembrance of this superstitious custom in some phrases of abjuration, as, I will take the sacrament upon it ; May this bread be my poison ; May this bit be my last, and suchlike. — B, L. D. COUNCIL IN LONDON. A council so called, held by order of Anselm, Archbishop of Canterbury, 1108, at which it was determined to enforce the celibacy of the clergy, and compel all married priests, no matter what degree, to put away their mves. COUNTY COURT is a court held every month. This court was anciently a court of great dignity and splendour, the bishop and the earl, with the principal gentlemen of the shire, sitting therein to administer justice both in lay and ecclesiastical causes. Eut its dignity was much impaired when the bishop was pro- hibited, and the earl neglected to attend it. The mixed causes, civil and ecclesiastical, triable in these courts were, by William the Conqueror, subsequently referred to two separate jurisdic- tions. The civil cases were taken into the Court of King's Bench, and the ecclesiastical cases to Diocesan Courts — B. L. D. COURT OP AUGMENTATION. [See Augmentation ] COURT OF STAR CHAMBER {Curia Camerce Stellatct), A court of very ancient origin, but remodelled by stats. 3 Henry YII. cap. I, 21 Henry YIII. cap. 20, which ordained, That the lord chancellor, treasurer, and lord privy seal, calling a bishop, and lord of the king's council, and the two chief justices to their assistance, on bill or information might make process against maintainers, rioters, persons unlawfully assembling, and for other misdemeanours, which, through the power and countenance COUETS, ECCLESIASTICAL— CEOISADE. 163 of siicli as did commit them, lifted up their heads above their faults, and punish them as if the offenders had been convicted at law by a jury, &c. But this act was repealed, and the court dissolved by stat. 16 & 17 Charles I. cap. 10, having been used to oppress the subject, particularly in matters of state. — T, L, D, [See L. J. D,] COURTS, ECCLESIASTICAL. The existing ecclesiastical courts are — First, the courts of the primates or Provincial Courts, being, in the province of Canterbury, the Court of Arches or supreme ecclesiastical court of appeal ; the court of the vicar-general, wherein bishops of the province are confirmed ; the court of the Master of the Faculties, wherein cases relating to notaries public are heard ; the Court of Audience, and the court of the commissary of the archbishop, from which an appeal appears to lie to the Court of Arches. In the province of York the supreme court, called the Chancery Court, the Consistory Court, and the Court of Audience. [See P, U, L., vol. ii. p. 1201.] COWL. The loose outer garment of a monk ; also a hood covering the head and shoulders. CREDENCE. A small shelf or table near the altar on which the elements are placed before being consecrated. [See L. J. i).] CREED, APOSTLES'. A summary of Christian doctrine appointed to be recited in divine service, said to have been drawn up by the apostles. CREED, ATHANASIAN. A creed in the English Prayer- P)Ook embodying the doctrine of Athanasius, if not actually drawn up by him, appointed to be used on certain Sundays and holy days. CREED, NICENE. It is used only in the Communion Service, and takes its name from the Council of Nice, at which it was drawn up. [See B. D, D. H. T. on Creeds.] CROCIARIUS. The crociary or crossbearer, who, like our verger, went before, the prelate and bore his cross. CROISADE, CRUZADE, or CRUZADO. A holy war or an expedition against infidels and heretics, particularly against the Turks for the recovery of Palestine. People anciently flocked to these croisades out of devotion, the Pope's bull and the preaching of the priests of those days making it appear a point of conscience. Hence several orders of knighthood took their rise. Those who meant to go on this errand distinguished themselves by crosses of different colours worn on their clothes, and were thence called croises : the English wore them white ; 1 64 CROSIER. tlie French, red ; tlie Flemish, green ; the Germans, black ; and the Italians, yellow. They reckon eight croisades for the conquest of the Holy Land, the first undertaken in 1095 at the Council of Clermont ; the second in 1144 under Louis VII. ; the third in 11 88 by Henry II. of England and Philip Augustus of France ; the fourth in 1195 ^7 Pope Celestin III. and the Emperor Henry YI. ; the fifth published in 1198 by order of Innocent III., wherein the French, Germans, and Venetians engaged ] the sixth, under the same Pope, began tumultuarily in 12 13, and ended in the rout of the Christians ; the seventh resolved at the Council of Lyons in 1245, undertaken by St. Louis ; the eighth, which was the second of St. Louis, and the last of all, in 1268. It is said it was the Cistercian monks who first projected tlie croisades. Philip Augustus solicited the execution thereof with the Holy See ; and Innocent III. raised the first standard of the cross. It was the Council of Clermont who ordered that they who embarked herein should bear the cross in their banner, and that those who entered themselves into the service should also wear it on their clothes. The Abbot Justiniani makes an order of knighthood of the croises who served in the croisades. Towards the middle of the 12th century there was also a croisade of the Saxons against the pagans of the IS^orth, wherein the Archbishop of Magdeburg, the bishops of Halberstadt, MUnster, Mersburgh, Brandenburgh, &c., with several lay lords, embarked ; and towards the beginning of the same century, under the pontificate of Innocent, there was also a croisade undertaken against the Albigenses, who were become powerful in Languedoc, &c. — E. C. 0. CROSIER or CROZIER. The official staff of an archbishop, terminating in a cross with two horizontal bars, and thus dis- tinguished from the pastoral staff of a bishop, which is finished simply with a crook. Both of these were formerly considered as emblematical of jurisdiction and pastoral authority. In form the latter resembled the well-known shepherd's crook, the head being frequently decorated with elaborate workmanship, as was also the crozier of the archbishop. It was for many ages always presented to a bishop on receiving his consecration, and indicated that he was then constituted a chief shepherd over the flock of Christ. The bishop's pastoral staff was always carried in the left hand. It was ordered by the first Book of Edward VL, that whensoever the bishop shall celebrate the Holy Communiou CROISIEES— CEOSS FOR THE DEAD. 165 in the church, or execute any other ministration, he shall have liis pastoral staff in his hand, or else borne or holden by his chaplain." — S. E. D, CROISIEES. A religious order, founded in honour of the invention or discovery of the cross by the Empress Helena. The members of this order were, till of late, dispersed in several parts of Europe, particularly in the Low Countries, France, and Bohemia ; those of Italy were suppressed many years ago. The Croisiers follow the rule of St. Augustine. In England they obtained the name of Crouched Friars. — Buck, CEOSS (Fr. Croix ; It. Cruce). The well-known symbol of the faith or of the Christian religion. In ecclesiastical archi- tecture there are two kinds of plans or figures having the form of a cross. The first, called a Greek cross, has all its parts of equal length — the upright piece being no longer than the trans- verse, and the whole forming a regular figure. The second is the Latin cross, in which the lower division of the upright member is of much greater length than the upper, thus presenting a nearer resemblance to the figure of the true cross. There is another, but less common form, called St. Andrew's cross. In this the two pieces do not cross at right angles, but in the form of the letter X. As an architectural ornament in churches and religious edifices, the cross was almost always placed upon the points of the gables, the form varying considerably, according to the style of the architecture and the character of the building. — S. E. D. CEOSS ABOVE THE ALTAE, whether a lawful ornament In the case of St. Barnabus, Liddel v. Weston, a monition went to the churchwardens " to remove the structure of stone used as a communion table in the said church, together with the cross in or near the same." The stone structure had been removed out of the church, and the metal cross which stood upon it, and w^as, in a sense at least, affixed to it, had been placed on the sill of the centre compartment of the eastern window of the chancel above the surface of the communion table, and entirely dis- connected therewith. It was held that the cross remained in the church as an ornament, and not an unusual or improper one, and that the monition had been complied with. [See P. (7. G., P- 59-] CEOSS AISLE. The ancient term for the transept of a church. CEOSS FOE THE DEAD. A cross laid in or on the cofhn of a deceased person. 1 66 CEOSS or THE EESUREECTION— CEOSSES. CEOSS OF THE EESUEEECTION. A light, slender cross, with a pennon flying from the junction of the beams. CROSS, PAPAL. A cross with three transverse beams, having a crucifix upon it. CROSS, PASSION. A cross with the four ends sharpened to a point. CROSS, PECTORAL. A cross worn by bishops over the chasuble. CROSS PENDANT. A cross suspended under a crown in the centre of the ciborium over the altar. CROSS, PREACHING. A sort of open pulpit in the vicinity of a church ; originally a mere cross from which sermons were delivered. CROSS, PROCESSIONAL. A cross borne at the head of pro- cessions ; originally they were merely ornamental, subsequently the crucifix was introduced. CROSS, ST. ANTHONY'S. A cross shaped like the Greek letter tau, T ; and hence called the " Tau Cross.'' [See S. E. D, CROSSED or CROUCHED FRIARS. The order of Crouchec or Crossed Friars was instituted, or reformed at least, by one Gerard, Prior of St. Mary of Morello, at Bologna, and confirmed in the year 1169 by Pope Alexander III., who brought them under St. Austin's rule, and made some other constitutions for their government. At first they carried a cross fixed to a staff in their hands, and afterwards had one made of red cloth sewed upon their backs or breasts. They came into England in the year 1224, and had their first home at Colchester. There were not here above six or seven houses of these friars. — B, E. L, CROSSES. By a statute of Elizabeth (repealed by a statute of George IV.) crosses, beads, &c., used by the Eoman Catholics were prohibited to be brought into this kingdom, on pain of a praemunire, &c. In ancient times it was usual for men to erect crosses on their houses, by which they would claim the privileges of the Templars to defend themselves against their rightful lords, but this was condemned by another statute. It was like- wise customary in those days to set up crosses in places where the corpse of any of the nobility rested as it was carried to be buried. There were several of these crosses erected over Eng- land, especially in honour of the resting-places of oar kings, on their bodies being transmitted to any distant place for burial ; but these superstitions sunk in this kingdom with the Eoniish religion. — T. L. D, [See 13 Eliz. cap. 2 ; 3 Geo. lY. cap. 41, sec. 2 ; and the stat. West. 2, cap. 37.] CEUCmX— CUEATES, PEEPETUAL. 167 CRUCIFIX. A representation of Christ on the cross. Milman, in his History of Latin Christianity," says : — " The image of the Lord on the cross was at first meek, though snlfer- ing ; pain was represented, but pain overcome by patience ; it was still a clothed form, with long drapery. By degrees it was stripped to ghastly nakedness ; agony became the prevailing absorbing tone. Painting vied with the rude sculpture which arose in many quarters (sculpture more often in wood than in stone), and by the red streaming blood, and the more vivid expression of pain in the convulsed limbs, deepened the effect, till at last that most hideous and repulsive object, the painted crucifix, was offered to the worship of mankind." By 3 James I. cap. 5, sec. 26, it was enacted that if any crucifix were found in any house of Popish recusant it was to be defaced at the General Quarter Sessions, and afterwards to be restored to the owner. CRUCIFOE/M. In the form of a cross, e.g.^ a church with chancel for the head of the cross, the nave for its length or body, and the transepts for its arms. CRUETS. The vessels containing wine and water for mass. CRYPT. A vault underneath a church. These vaults or crypts do not generally extend beyond the limits of the chancel and its aisles. The most remarkable crypts in England are those in the cathedrals of Canterbury, Gloucester, and Eochester. CULDEES. These were Scotch monks of the same rule as the Irish ones. We meet with these nowhere but at St. Peter's in York, and the institution of Scotch monks there seems to have arisen from the connection which was anciently between the metropolitical see of York and the kingdom of Scotland ; for until about the year 1466 the Archbishop of York had juris- diction over all the bishops of Scotland, who had their consecra- tion from him, and swore canonical obedience to him. — B. E. L, CUP or CHALICE. The sacred vessel used in the office of Holy Communion, from which the consecrated wine is adminis- tered to communicants ; it is generally of rich workmanship. CURATES, PERPETUAL. When the annual incomes of benefices were alienated from their parishes, and were appro- priated by religious houses and persons, provision was made that the parishioners should not be left without a minister, and it was enacted that provision for such minister, whether vicar or perpetual curate, was to be made in the case of all appropria- tions. The first enactment bearing on the subject is 15 Eichard II. i68 CURATES, STIPENDIARY. cap. 6, which sets forth that in appropriation of benefices there shall be provision made for the poor and vicar. The words of the act are : — "Because divers damages and hindrances oftentimes have happened, and daily do happen, to the parishioners of divers places by the appropriation of benefices of the same places, it is agreed and assented that in every licence from henceforth to be made in the chancery of the appropriation of any parish church, it shall be expressly contained and comprised that the diocesan of the place, upon the appropriation of such churches, shall ordain, according to the value of such churches, a convenient sum of money to be paid and distributed yearly of the fruits and profits of the same churches by those that shall have the said churches in proper use, and by their successors to the poor parishioners of the said churches, in aid of their living and sustenance for ever, and also that the vicar be well and sufficiently endowed." And it was further set forth in 4 Henry IV. cap. 12, that " from henceforth in every church so appropriated, or to be appropriated, a secular person be ordained vicar perpetual, cano- nically institute and induct in the same, and covenably endowed by the discretion of the ordinary to do divine service, and to inform the people, and to keep hospitality there ; and that no religious be in any wise made vicar in any church so appropriated by any means in time to come." Originally a perpetual curacy was not regarded as a benefice, and therefore might be held together with a benefice ; but now every church or chapel to which a district has been assigned is to be considered a benefice presentative, not to hi held with any other benefice having cure of souls ; and the spiritual person See I & jhe riffht serving the same is to be considered the incumbent. Win. lY. cap. 38, sees. 12 & 13.] And if he has to perform all the offices of the Church, with the exception of burials, and take the fees appertaining thereto, under 31 & 32 Yictoria, cap. 117, he has a right to the title of vicar. By the Clerical Subscription Act, 28 & 29 Yictoria, the same declara- tions and oaths are required to one about to be licenced to a perpetual curacy as to one about to be instituted to a rectory or vicarage. [See P. U. L., p. 300.] CURATES, STIPENDIARY, are the spiritual assistants of the incumbents, by whom they are, as a rule, nominated, em- ployed, and paid ; and they officiate in the parish church or chapels of ease in the parish of the clergyman by whom they are employed. They are licenced by the bishop of the diocese CUEATES, STIPEKDIAEY. to the parish or parishes they serve on the nomination of the incumbent. When the nomination paper is presented to the bishop, the following declarations must be made by the incum- bent and the curate nominated : — " I, A. B., incumbent of , in the county of ■ , hona fide undertake to pay to C. D., in the county of , the annual sum of pounds, as a stipend for his services as curate ; and I, C. D., hona fide intend to receive the whole of the said stipend ; and each of us, the said A. B. and C. D., declare that no abatement is to be made out of the said stipend in respect to rent or consideration for the use of the glebe house ; and that I, A. B., undertake the same, and I, C. D., intend to receive the same without any deduction or abatement whatsoever." Every person licenced to a stipendiary curacy is required to subscribe to the Declaration of Assent to the Book of Common Prayer, in the presence of the archbishop or bishop by whom he is licenced, or to the commissary of such archbishop or bishop, unless, having been ordained on the same day, he has already made and subscribed the same, and on the first Lord's-day on which he officiates in the church, or any one of the churches in which he is licenced to serve, he is required publicly and openly to make the declara- tion of assent in the presence of the congregation there assem- bled at the time of divine service. [See 28 & 29 Yict. cap. 122.] By I & 2 Victoria, cap. 106, bishops are authorised to appoint curates to benefices on which the incumbents thereof are non- resident, such incumbents having neglected to appoint curates in their stead. Curates so appointed are to reside on the bene- fice under certain circumstances. In cases in which it is alleged that the incumbents inadequately perform their duties, the bishop may issue a commission, and on their report, at his dis- cretion, may appoint a curate ; but the incumbent may appeal to the archbishop of the province. All agreements for stipends contrary to the law are declared void. The curate's stipend, if of the full value of the benefice, is liable to all charges apper- taining thereto. The bishop may allow the incumbent to deduct from the curate's stipend for repairs of chancel or house of resi- dence to a limited amount in certain cases. In cases of non- resident incumbents the curate is required to reside in the parsonage house, and may have certain portions of the glebe assigned to him by the bishop. In such cases he is to pay rates and taxes appertaining thereto. Every curate is required to quit his cure upon six weeks' notice from the new incumbent within six months from the date of his admission. And in lyo CUEACY, STIPENDIAEY— CURACY. other cases the incumbent, with the bishop's permission, may dispose the curate of cure within six months' notice. A curate residing in a vicarage house is required peaceably to deliver up possession of such house upon having six weeks' notice from the spiritual person admitted, collated, instituted, or licenced to such benefice, provided such notice be given within six months from the time of his admission, institution, collation, or licence. In all other cases any such curate must deliver up possession to any such incumbent serving the curate with six months' notice, in writing, with the permission, in writing, under the hand of the bishop of the diocese, under a penalty of forty shillings for every day's unlawful possession. The curate may not vacate his curacy without three months' notice of his intention so to do to his incumbent and bishop. Bishops may revoke the licence of stipendiary curates for any cause which to them shall appear to be good and reasonable, provided always that the curate whose licence is revoked may within one month to such revocation appeal to the archbishop of the province, who shall confirm or annul such revocation as shall appear to him just and proper. Licences to curacies and revocation thereof are to be entered in the register of the diocese. CURACY, STIPENDIARY {papers necessary thereto). In cases in which appointment to a stipendiary curacy does not immediately follow ordination, the necessary documents are letters testimonial, a nomination to the curacy on the part of the incumbent, and a licence granted thereon under the hand and seal of the bishop. The curate must make and subscribe his declaration of assent to the Book of Common Prayer and the Thirty-Nine Articles, which he is also required again to make in the presence of the congregation on the first Lord's- day on which he officiates in the church which he is licenced to serve. He must also, prior to being licenced, take the oath of canonical obedience, &c. [See Ordination.] CURACY, forms of notices to quit : — I. Form of notice by a new incumbent to a curate to quit curacy, or to give up possession of house of residence. " I, A. B., clerk, having been duly admitted to the rectory of , in the county of , and diocese of , do hereby, in pursuance of the power and authority for this purpose vested in me by virtue of the act of parliament passed in the first and second years of her present Majesty's reign, intituled ' An Act to abridge the holding of benefices in plurality, and to make better provision for the residence of the clergy,' give notice to and require you, C. D., clerk, to quit and give up the curacy of afore- CUEATES, SCALE OF STIPENDS OF. 171 said {the following to he added where appUcahle, and to deliver up possession of the rectory house of aforesaid, and the offices, stables, gardens, and appurtenances thereto belonging, and (if any) such part of the glebe land as has been assigned to you] at the expiration of six weeks from the giving of this notice to you. "Witness my hand this day of , one thousand eight hundred and ." 2. ToRM of notice by an incumbent, with consent of the bishop, to a curate to quit curacy, or to give up house of residence. " I, A. B., clerk, rector of , in the county of , and diocese of , in pursuance of the power and authority for this purpose vested in me by virtue of the act of parliament passed in the first and second years of her present Majesty's reign, intituled ' An Act to abridge the holding of benefices in plurality, and to make better provision for the residence of the clergy,' do hereby, with the permission of the Right Reverend , Lord Bishop of the diocese of aforesaid, signified by writing under his lordship's hand, give notice to, and require you, C. D., clerk, my licenced curate of aforesaid, to quit and give up the said curacy of [the following to he added where applicable, and the rectory house of aforesaid, and the offices, stables, gardens, and appurtenances thereto belonging, and (if any) such part of the glebe land as has been assigned to you] at the expiration of six calendar months from the giving of this notice to you. " Witness my hand this day of , one thousand eight hundred and FOEM of bishop's permission to an incumbent to give his curate notice to quit curacy, or give up possession of house of residence. {AppUcahle to Notice No. 2 only.) " I, , Lord Bishop of , do hereby, on the application of A. B., clerk, rector of , in the county of , and my diocese of , signify my permission for him to require and direct C. D., clerk, his licenced curate at aforesaid, to quit and give up the said curacy [the following to he added where appUcahle, and to deliver up possession of the rectory house of aforesaid, and the offices, outhouses, gardens, and appurten- ances thereto belonging, and (if any) such part of the glebe land as has been assigned to the said C. D. as such curate] upon six calendar months' notice thereof being given to such curate. " Given under my hand this day of , one thousand eight hundred and ." Note. — The notice No. I applies only to an incumbent newly admitted to a benefice, and must be given within six months after such admission. The notice No. 2 applies to every other case of an incumbent requiring his curate to quit the curacy. The consent of the bishop is required only in the latter case. CURATES, SCALE OF STIPENDS OF. The stipends assigned by non-resident incumbents must be in strict con- formity with the directions of the act of parliament. Cler- gymen who were incumbents before July 20, 18 13, cannot be compelled to pay more than 5 per annum as a stipend, to 172 CUKE— GUSTOS AECHIYOEUM. whicli, however, tlie archbishop may add ;^i5 in lieu of a house. All other non-resident incumbents are required to allow stipends according to the following scale : — • The lowest stipend is . . . . , . £ So If the population amount to 300, the stipend is to be 100 „ „ 500 „ 120 9, 7SO „ 135 „ „ 1000 „ 150 or the whole value of the benefice, if it does not exceed these sums respectively. Where the net income of a benefice exceeds ^£400, the archbishop may assign a stipend of ;^ioo, whatever be the population ; and if, with that income, the population amounts to 500, he may add any sum not exceeding to the stipend above stated, where the curate resides and serves no other cure. Incumbents who, for special reasons, are desirous that a smaller stipend should be assigned to their curate, must state those reasons fully and explicitly to the archbishop. [See I & 2 Yict. cap. 106.] Stipendiary curates desirous of quitting their cures are required by sec. 97 of the above act to give three months' notice of their removal both to the incumbent and the bishop. CURE. The spiritual charge of a parish; a care of souls. [See B. D. D, H, T.] CURFEU (Fr. couvrh\ to cover; feu, fire). A bell which rang at eight o'clock in the evening in the time of William the Conqueror, by which every person was commanded to rake up or cover over his fire, and put out his light ; and in many places of England at this day, where a bell is customarily rung towards bed-time, it is said to ring curfew. — T, L. D, CURIA {court). Applied to all courts of justice, &c. It is sometimes taken for the persons, as feudatory and other cus- tomary tenants, who did their suit and service at the court of the lord ; and it was usual for the kings of England in ancient times to assemble the bishops, peers, and great men of the king- dom to some particular place at the chief festivals in the year ; and this assembly is called by our historians curia. — T. L. D. CUSP. A point formed by the intersection of two arches or curves ; the projecting points formed by the meeting of the small arches or foils in the foil arches or tracery. CUSTOS ARCHIVORUM. Anciently an officer of the Church who had charge of the sacred repository in which the archives, &c., were kept. DALMATIC— DARREIN PRESENTMENT. 173 D DALMATIC. An ecclesiastical vestment. A long robe, reaching to the ankles, having wide sleeves, an opening for the admission of the head, with lace holes on the shoulders partly to close this opening, and with a slit at the two sides of the skirt up to above the knee ; the sleeves are larger and longer than those of the tunic. As an ecclesiastical vestment, it has been found made of cloth of gold, silk, or velvet, and of various colours, particularly blue, purple, red, and w^hite. [See P, E, L., p. 930.] DARREIN or DARRAIN PRESENTMENT {last presenta- tion). An assize of darrein presentment lied when a man, or his ancestors under whom he claimed, having presented a clerk to a benefice who was instituted, afterwards, upon the next avoidance, a stranger presented a clerk, thereby disturbing the real patron ; in which case the patron was to have his writ directed to the sheriff to summon an assize or jury to inquire who was the last patron that presented to the church then vacant, of which the plaintiff complained that he was deforced by the defendant; and, according as the assize determined that question, a writ was to issue to the bishop to institute the clerk of that patron in whose favour the determination was made, and also to give damages in pur- suance of a statute of Edward II. This question, it is to be observed, was, before the statute of Anne, entirely conclusive as between the patron or his heirs and a stranger ; for till then the full possession of the advowson was in him who presented last and his heirs, unless since that presentation the clerk had been evicted within six months, or the rightful patron had recovered the advowson in a writ of right, which is a title superior to all others. But that statute having given a right to any person to bring a quare impedit, and to recover (if his title be good), notwithstanding the last presentation, by whomsoever made, assizes of darrein presentment, now not being in any wise con- clusive, have been totally disused, as indeed they began to be before, a quare impedit being a more general and therefore a * more usual action ; for the assize of darrein presentment lies only where a man has an advowson by descent from his ances- tors ; but the writ of quare impedit is equally remedial, whether a man claims title by descent or by purchase. — T. L. D, [See 13 Edw. 1. stat. I, caps. 5 & 30, sec. 2; 52 Hen. III. cap. 12 ; 174 HEEETICO COMBUEENDO— DEACONESS. 13 Edw. II. cap. 5; and 7 Anne, cap. 18; also P. E. L., P- 452.] DE HEEETICO COMBUEENDO. The title of a statute passed in 1401, by which it was enacted that persons guilty of heresy refusing to abjure, or relapsing after abjuration, should be delivered by the bishops to the magistrates and publicly burnt. [See 2 Hen. lY. cap. 15 ; also P. E. X., p. 1084.] DEACON. By the canons of the Church, none shall be ordained deacon unless he is twenty-three years of age. Anciently his office was to officiate under the minister in making responses, and repeating the Confession, the Creed, and the Lord's Prayer after him, and such other duties as now properly belong to our parish clerks ; but now it seemeth that he may perform any of the divine offices which a priest may do, except only pronouncing the absolution and consecrating the sacrament of the Lord's Supper. — B. L, D, [See P. E, Z/., p. 127.] DEACON'S OEDEES. The following is a copy of the Letters of Orders given to a deacon after his ordination : — *'By the tenor of these we, , by divine providence (or otherwise) do make it known unto all men that on Sunday the day of , in the year of our Lord , we, the archbishop (or bishop) before-mentioned, solemnly administering holy orders under the protection of Almighty God in the cathedral, collegiate or parish church of , in the county of , did admit our beloved in Christ , of whose virtuous and pious life, and conversation and competent learning and knowledge in the Holy Scriptures we were well assured, into the holy order of deacons, according to the manner and form prescribed and used by the Church of England, and him, the said , did then and there rightly and canonically ordain deacon, he having first in our presence freely and voluntarily subscribed to the Thirty-Nine Articles of religion and to the three articles contained in the 36th canon, and he likewise having taken the oaths appointed by law to be taken for and instead of the oath of supremacy; in testimony whereof we have caused our archiepiscopal or episcopal seal (as the case may be) to be affixed to these presents. Dated the day and year above written, and in the day of our consecration, or translation (as the case may be)." Here followeth the bishop's signature and seal. — [See Ordination.] DEACONESS was a title given to certain devout women, who consecrated themselves to the service of the Church, and rendered those offices to the women which men could not decently do ; as in baptism, for instance, which was conferred by immersion, on women as well as men. They were likewise to look to the doors on the side the women were on, who were separated from the men, according to the custom of those times. They had the care and inspection of the poor, sick, &c. ; and in times of persecution, when a DEAN— DEANS 175 deacon could not be sent to the women to exhort and fortify them, a deaconess was sent to minister to them. Within the last few years there has been, on the part of the Church of England, a revival of the primitive institution of deaconesses, and at the present time deaconesses are appointed to work in many parishes under episcopal sanction. DEAN is an ecclesiastical governor secular over the pre- bendaries and canons in the cathedral church, who were originally the council of the bishop, to assist him with their advice in affairs of religion ; and also in the temporal concerns of his see. When the rest of the clergy were settled in the several parishes of each diocese, these were reserved for the celebration of divine service in the bishop's own cathedral ; and the chief of them, who presided over the rest, obtained the name of decanus or dean, being probably at first appointed to super- intend ten canons or prebendaries. The deans of the old foundation (which are those that were estabhshed before the reign of King Henry YIII.) are elected by the chapter, by conge cfelire of the king, and letters missive of recommendation, in the same manner as bishops ; but deans of the new foundation, that is, in those chapters which were founded by King Henry YIII. out of the spoils of the dissolved monasteries, their deaneries are donative, and the installation merely by the king's letters patent. The chapter, consisting of canons or prebendaries, are in some places appointed by the king, in others by the bishop ; and in some places they are elected by each other. — B. L. D. [P. E. L,, p. 147.] DEANS. Considered in respect of the difference of office, deans are of six kinds, i. Deans of Chapters^ who are either of cathedral or collegiate churches, though the members of churches of the latter kind may more properly be denominated colleges than chapters. 2. Deans of Peculiars, who have sometimes both jurisdiction and cure of souls, as the Dean of Battle in Sussex ; and sometimes jurisdiction only, as the Dean of the Arches in London, and the Deans of Bocking in Essex and of Croydon in Surrey. 3. Rural Deans, who had first jurisdiction over deaneries, as every diocese is divided into archdeaconries and deaneries ; but afterwards their power was diminished, and they were only the bishops' substitutes to grant letters of adminis- tration, probate of wills, &c. And now their office is wholly extinguished, for the archdeacons and chancellors of bishops execute the authority which rural deans had through all the dioceses of England. 4. Deans in the Colleges of our Universi- 176 DEAXS. ties, who are officers appointed to superintend the behaviour of the members and to enforce discipline. 5. Honorary Deans, as the Dean of the Chapel Koyal at St. James's, who is so styled on account of the dignity of the person over whose chapel he presides. As to the Chapel of St. George, Windsor, there being canons as well as a dean, it is something more than a mere chapel, and, except in name, resembles a collegiate church. 6. Deans of Provinces, or, as they are sometimes called, " Deans of Bishops." Thus the Bishop of London is Dean of the pro- vince of Canterbury ; and to him, as such, the archbishop sends his mandate for summoning the bishops of his province when a convocation is to be assembled, which may perhaps account for calling him dean of the bishops. Another division of deans, arising from the nature of their office, is into deans of spiritual promotions and deans of lay pro- motions. Of the former kind are deans of peculiars, with cure of souls, deans of the royal chapels, and deans of chapters ; though, as to these last, a contrary opinion formerly prevailed. Per- haps, too, rural deans might be added to the number. Of the latter kind are deans of peculiars, without cure of souls, who therefore may be, and frequently are, persons not in holy orders. In respect of the manner of appointment, deans are, — 1. Elec- tive, as deans of chapters of the old foundation, though they are only so (like bishops) nominally and in form, the sovereign being, in fact, the real patron. 2. Donative, as those deans of chapters of the new foundation who are appointed by the sovereign's letters patent, and are installed under his command to the chapter, without resorting to the bishop either for admis- sion or for a mandate of instalment ; if that mode of promoting still prevails in respect to any of the new deaneries. Deans of the royal chapels are also donative, the sovereign appointing to them in the same way. So, too, may deans of peculiars, with- out cure of souls, be called, as the Dean of the Arches, who is appointed by commission from the Archbishop of Canterbury ; but this must be understood in a large sense of the word dona- tive, it being most usually restrained to spiritual promotions. 3. Presentative, as some deans of peculiars with cure of souls, and the deans of some chapters of the new foundation, if not all. Thus the Dean of Battle is presented by the patron to the Bishop of Chichester, and from him receives institution. This deanery was founded by William the Conqueror. He hath ecclesiastical jurisdiction within the liberty of Battle, and is presentable by the Duke of Montague ; and, though instituted "DEAN AND CHAPTER— DECRETALS. 177 and inducted by the Bishop of Chichester, is not subject to his visitation. Thus, too, the Dean of Gloucester is presented by the king to the bishop, with a mandate to admit him and to give orders for his instalment. 4. By virtue of office, as the Bishop of London is dean of the province of Canterbury, and the Bishop of St. David's is dean of his own chapter. — T, L, D, [See 57 Geo. IIL cap. 99, sec. 11 ; 2 & 3 Vict. cap. 14; 3 & 4 Yict. cap. 113, sees. 1-3, 24, 64; and 4 & 5 Vict, cap. 39, sec. 5 ; also P. E. p. 147, &c.] DEAN AND CHAPTER. Dean and chapter are a cathedral or collegiate body corporate spiritual, consisting of the dean, who is chief, the canons, and prebendaries. They were originally selected by the bishop from amongst his clergy as counsel and assistants to him, but they derive their corporate capacity from the crown. The bishop hath now little more left than the power of visiting them. Nevertheless the dean and chapter . may not alter the ancient and approved usages of the Church without consent of the bishop ; if they do, such innovations are declared void by the canon law. — B. E, L. On the avoidance of an archbishopric or bishopric, the sove- reign grants a licence under the great seal to the dean and chapter of the vacant diocese to proceed to the election of a new archbishop or bishop, as the case may be, the name of the person to be elected being contained in a letter missive. If the dean and chapter do not proceed to the election within twenty days they incur a penalty under the statute of praemunire. [See 25 Hen. VIII. cap. 20, sees. 3 & 7 ; 4 & 5 Will. IV. cap. 30, sees. 6 & 10 ; 33 Hen. VIII. cap. 30 ; and 34 & 35 Hen. VIIL cap. 15 ; also P. E, Z/., p. 147, &c.] DEANERY. The residence, office, or jurisdiction of a dean. DECANI AND CANTORIS. In all the ancient cathedrals, there were at least two rows of stalls on each side of the choir, the upper row being appropriated to the capitular clergy, the lower to the minor canons, vicars choral, and lay clerks, the choir-boys being placed beneath them on the floor. The stall of the dean was the first on the right or south side of the choir, that of the precentor generally the first on the left side. Hence the two sides of the choir are technically styled decani and cantoris. — Jehh on the Choral Service. DECRETALS {decretales). A volume of the canon law, so called as containing the decrees of sundry popes ; or a digest of the canons of all the councils that pertained to one matter under one head. M 178 DECRETALS, FALSE— DEGE AD ATIOK DECRETALS, FALSE. A title commonly applied to certain fictitious canons and canonical dicta, DEDICATION DAY (Festum Dedicationis), The feast of dedication of churches, or rather the feast-day of the saint and patron of a church, which was celebrated not only by the in- habitants of the place, but by those of all the neighbouring villages who usually came thither ; and such assemblies were allowed as lawful. It was usual for the people to feast and drink on those days, and in many parts of England they still meet every year in villages for this purpose, which days are called feasts or wakes. — Gowel. [See P. K L., pp, 1775-6.] DEFENDER OF THE FAITH (Fidei Defensor). A pecuHar title belonging to the sovereigns of England, in the same way that CathoUcus belongs to the King of Spain, and Ohristianis simus to the King of France. These titles were given by the Popes of Rome. That of Fidei Defensor was first conferred (as some suppose) by Leo X. on Henry VIIL, for writing against Martin Luther. This title was afterwards confirmed by Clement VII. But when Henry suppressed the religious houses at the time of the Reformation, the Pope not only deprived him of the title, but also deposed him from his crown. — Buck, By 35 Henry YIII. cap. 3, *'An act for the ratification of the King's styles and titles,'' Henry VIIL is thus designated : *^ Henry VIIL by the grace of God, King of England, France, and Ireland, Defender of the Faith, and of the Church of Eng- land, and also of Ireland, in earth the Supreme Head." It is also declared in the same act that the aforesaid title shall be united and annexed for ever to the imperial crown of his highness' realm. DEGRADATION. The act of depriving or stripping a person for ever of a dignity or degree of honour, and taking away the title, badge, and privileges thereof. The degradations of a peer, a priest, a knight, a gentleman, an officer, &c., were performed with diverse ceremonies. That which anciently obtained in degrading a person from his nobility was very curious, and deserves to be rehearsed here, after Geliot and La Colombiere. It was practised in the time of Francis I. upon Captain Fangel, who had cowardly given up Fontarabia, whereof he was governor. On this occasion twenty or thirty cavaliers without blemish or reproach were assembled, before whom the gentleman was accused of treason and breach of faith by a king-at-arms. Two scaffolds were erected, the one for the judges, heralds, and pur- DEGEADATIOK 179 suivants, and the other for the guilty cavalier, who was armed at all points, and his shield placed on a stake before him, reversed with the point upwards. On one side assisted twelve priests in surplices, who sung the vigils of the dead. At the close of each psalm they made a pause, during which the officers of arms stripped the condemned of some piece of his armour, beginning with the helmet, and proceeding thus till he was quite disarmed, which done they broke his shield in three pieces with a hammer. Then the king-at-arms turned a basin of hot water on tlie criminal's head, and the judges, putting on mourning habits, went to the church. This done, the degraded was drawn from off the scaffold with a rope tied under his armpits, laid on a bier, and covered with mortuary cloths, the priest singing some of the prayers for the dead ; and then he was delivered to the civil judge and the executioner of justice. Sir Andrew Harcla, Earl of Carlisle, being attainted and con- victed of treason, 18 Edward II., after judgment was pronounced on him, his sword was broke over his head, and his spurs hewn off his heels ; Sir Anthony Lucy, the judge, saying to him, "Andrew, now art thou no knight, but a knave." By stat. 13 Charles 11. , William, Lord Monson, Sir Henry Mildmay, and others were degraded from all titles of honour, dignities, and pre-eminences, and prohibited to bear or use the title of lord, knight, esquire, or gentleman, or any coat of arms, for ever afterwards. Degradation only seems to differ from deposition in a few ignominious ceremonies which custom has added thereto. Accordingly, in the business of Arnoul, Archbishop of Rheims, sentenced in the Council of Orleans in 991, it was deliberated what form they should follow in the deposition, whether that of the canons, that is, simple deposition, or that of custom, viz., degradation. And it was declared that he should surrender the ring, pastoral staff, and pallium, but that his robes should not be torn off him. In effect, the canons prescribe no more than a mere reading of the sentence. It is the rest, therefore, added hereto by custom, viz., the stripping off the ornaments, and the tearing the pontifical vestments, that properly constitutes degradation. Jranmer, Archbishop of Canterbury, was degraded by order of Queen Mary. They dressed him in episcopal robes made only of canvas, put the mitre on his head, and the pastoral staff in his hand, and in this attire showed him to the people, which done, they stripped him again piece by piece. i8o DEGREES, EOEBIDDEN— DELEGATES. Pope Boniface pronounced that six bishops were required to degrade a priest, but the difficulty of assembling so many bishops rendered the punishment frequently impracticable. In England it was the custom that a priest, after having been delivered to his ordinary, if he could not purge himself of the crime laid at his door, his gown and other robes were stripped over his ears by the common hangman, by which he was declared divested of his orders. — E. G. C. [See F. E, A, p. 1399.] DEGREES, FORBIDDEN. The degrees of relationship within which it is not lawful for persons to marry. [See Book of Common Prayer.] DELEGATES, COURT OF, was so called because the judges thereof were delegated by the sovereign's commission under the great seal to hear and determine appeals in the three following cases : — i. When a sentence was given in any ecclesiastical cause by the archbishop or his official. 2. When any sentence was given in any ecclesiastical cause in places exempt. 3. When a sentence was given in the Admiral's Court, in suits civil and marine, by the order of the civil law. This commission was usually filled with lords spiritual and temporal, judges of the courts at Westminster, and doctors of the civil law. The manner of obtaining a commission of delegates was thus : The proctor of the appellant drew a petition to the lord chan- cellor setting forth the cause, and what his client insisted on, and what the judge decreed; and that thereupon his client, thinking himself aggrieved, had appealed from the said decree to the king's majesty in his high court of chancery ] wherefore his client humbly requested of the lord chancellor that a com- mission of appeal be made out and issued under the great seal, directed to certain judges delegate to be named at his pleasure, to hear and determine the said cause. Whereupon the lord chancellor set down the names of such persons as he thought proper ; and afterwards a commission was drawn and executed in due form, by virtue whereof the commissioners proceeded to hear and determine the matter of the appeal. From February i, 1838, powers of the High Court of Delegates were transferred to the sovereign and council, and no commission of review was thereafter to be granted. — B, L, D, [See 25 Hen. YIII. cap. 19, sec. 4 ; 2 & 3 Will. lY. cap. 92.] By 25 Henry YIII. cap. 19, sec. 4, upon appeal from the ecclesiastical courts to the Court of Chancery, a commission was issued under the great seal to persons named by the crown to form a Court of Delegates to hear and determine any such DENAEII DE CAEITATE— DEODAND. i8i appeal. The sentence of the Court of Delegates was to be final; but by 2 & 3 William lY. cap. 92, and 3 & 4 William IV. cap. 41, all the powers and jurisdiction of the Court of Appeals were transferred from the Court of Delegates to a Judicial Committee of Privy Council. It was enacted in the former act that any commission of reviews should hereafter be granted, and by the latter act the constitution and powers of the new court were set forth. Certain persons were to form a Committee to be styled the " Judicial Committee of the Privy Council ; " and all appeals from sentences to any judge, &c., were to be referred by the crown to the Committee to report thereon. The decision of the Judicial Committee of the Privy Council is in all matters final. [See P, E, Z/., pp. 127 1-2 ; also C, L, C. (7., pp. 39, 40.] DENARII DE CARITATE. Customary oblations made to cathedral churches about the time of Pentecost, when the parish priests and many of their people went in procession to visit their mother church. This custom w^as afterwards changed into a settled due, and usually charged upon the parish priest, though at first it was but a gift of charity or present, to help to main- tain and adorn the bishop's see. — T. L. D. DENARIUS DEI. God's penny, or earnest money given and received by parties to contracts, &c. The earnest money is called Denarius Dei, or God's penny, because, in former times, the piece of money so given to bind the contract was given to God, i.e., to the Church or the poor. — T, L. D. DENARIUS ST. PETRI. An annual payment of one penny from every family to the Pope, during the time that the Koman Catholic religion prevailed in this kingdom, paid on the Feast of St. Peter. The payment of Peter's Pence was abolished by 25 Henry YIII. cap. 21. — T. L. D, DEODAND {Deo dandum). By this was meant whatever personal chattel was the immediate occasion of the death of any reasonable creature, which was forfeited to the sovereign to be applied to pious uses, and distributed in alms by the high almoner, though formerly destined to a more superstitious purpose. It seems to have been originally designed as an expiation for the souls of such as were snatched away by sudden death ; and for that purpose ought properly to have been given to Holy Church, in the same manner as the apparel of a stranger who was found dead was applied to purchase masses for the good of his soul. And this may account for that rule of law, that no deodand was due when an infant under the age of discretion l82 DEPEIVATIOK— DIGNITAEY. was killed by a fall from a cart or horse, or the like, not being in motion ; whereas, if an adult person fell from thence and was killed, the thing was certainly forfeited ; such infant being pre- sumed incapable of actual sin, and therefore not needing a deodand to purchase propitiatory masses. — T.L.D. [See 4 Ed w. 1. stat. 2 . ] DEPRIVATION {dejprivatio). A depriving or taking away, as when a bishop, parson, vicar, &c., is deposed from his pre- ferment. Of deprivations there are two sorts, dejprivatio a heiiejicio and ah officio ; the deprivatio a heneficio is when, for some great crime, &c., a minister is wholly deprived of his living ; and deprivatio ah officio is where a minister is for ever deprived of his orders, which is also called deposition or degra- dation, and is commonly for some heinous offence meriting death, and performed by the bishop in a solemn manner. — Blount. Deprivatio a heneficio is an act of the spiritual court, grounded upon some crime or defect in the person deprived, by which he is discharged from his spiritual promotion or benefice upon sufficient cause proved against him. Deprivation may also be by a particular clause in some act of parliament. The deprivation of bishops, &c., is declared lawful by statute. And by the king's commission, as he hath the supremacy lodged in him, a bishop may be deprived ; for since a bishop is vested with that dignity by commission from the sovereign, it is reasonable he should be deprived, where there is just cause, by the same authority ; but the canons direct that a bishop shall be deprived in a synod of the province ; or, if that cannot be assembled, by the archbishop and twelve bishops at least, not as his assistants but as judges. It has been adjudged that an archbishop may deprive a bishop for simony, &c.; for he hath power over his sufi'ragans, who may be punished in the archbishop's court for any offence against their duty. — T, L. D. [See 39 Eliz. cap. 8 ; also P. E. L., pp. 83, 84.] DESK. The stand placed on an altar for supporting the service books ; an elevated structure, in which the officiating clergyman reads morning and evening prayer. DEUS MISEREATUR. The evening canticle, commencing " God be merciful unto us," appointed to be said or sung after the Second Lesson. DIGAMISTS. Those who married twice after baptism. By the law of the ancient Church such men were not allowed to be ordained. DIGNITARY, in the canon law, is a person who holds a DILAPIDATIOK dignity, tliat is, a benefice ■wliich gives liim some pre-eminence in the choir above mere priests and canons. Such is a dean and archdeacon, though the word is also abusively applied to a mere prebendary or canon. Dignities are sometimes simple, sometimes with cure of souls, and sometimes with jurisdiction and administration of sacred things. — E. C, 0, The dignitaries in British cathedrals are for the most part the dean, precentor, chancellor, treasurer, and archdeacon. Some- times the sub-dean and succentor canonicorum are so called. The only dignitary in cathedrals of the new foundation is the dean, as the archdeacon is not necessarily a member of such chapters. — Jebh. DILAPIDATION is a kind of ecclesiastical waste, either voluntary, by pulling down, or permissive, by suffering the chancel, parsonage-house, and otlier buildings or fences to decay for want of necessary reparation. In which case an action lies either in the spiritual court by the canon law or in the courts of common law, and may be brought by the successor against the predecessor, if living, or, if dead, against his executors. It is also said to be good cause of deprivation, if a bishop, parson, vicar, or other ecclesiastical person, dilapidates the buildings, or cuts down timber growing on the patrimony of the church, * unless for necessary repairs, and that a writ of prohibition will also lie against him in the courts of common law. By statute of Elizabeth, If any spiritual person makes over or alienates his goods with intent to defeat his successors of their remedy for dilapidations, the successor shall have such remedy against the alienee in the ecclesiastical court as if he were the executor of his predecessor." And by another statute, " All money reco- vered for dilapidations shall, within two years, be employed upon the buildings, in respect whereof it was recovered, on pain of forfeiting double value to the crown." — B, L. D. Certain injunctions of Edward VI. required " that the pro- prietors, parsons, vicars, and clerks having churches, chapels, or mansions shall yearly bestow on the said mansions or chancels of their churches, being in decay, the fifth part of their benefices, till they be fully repaired ; and the same being thus repaired, they shall always keep and maintain them in good estate." The constitutions of Othobon ordain that " all clerks shall take care decently to repair the houses of their benefices and other buildings, as need shall require, whereunto they shall be earnestly admonished by their bishops or archdeacons ; and if 1 84 DIMISSOEY LETTERS— DIOCESAK any of them, after the monition of the bishops or archdeacons, shall neglect to do the same for the space of two months, the bishop shall cause the same effectually to be done, at the cost and charges of such clerk, out of the profits of his church and benefice, by the authority of this present statute, causing so much thereof to be received as shall be sufficient for such repara- tion. The chancels also of the church they shall cause to be repaired by those who are bound thereunto according as is above expressed ; also we do enjoin, by attestation of the divine judg- ment, the archbishops and bishops, and other inferior prelates, that they do keep in repair their houses and other edifices, by causing such reparation to be made as they know to be needful." By the acts of 187 1 and 1872 numerous provisions are made against waste and dilapidation of ecclesiastical residences. Sur- veyors of such ecclesiastical property are appointed in each diocese to make periodical visits of inspection, charging a visiting fee for each visit, and furnishing to the bishop a list of such repairs, and the estimated cost of them, as are required to be done. Repairs executed in accordance with the terms of the specification of such surveyor entitle the incumbent to exemption from liability to execute repairs for the five following years. The cost for dilapidations is recoverable from any in- cumbent vacating his benefice, or from the estate of the deceased incumbent. For detailed particulars see the said acts. [See also 1 3 Eliz. cap. 10; 14 Eliz. cap. 11; 18 Eliz. cap. 1 1 ; and 2 & 3 Yict. cap. 18, sec. 13 ; also P. K L., p. 1625.] DIMISSORY LETTERS (Literce Dimissorice). In the canon law a letter given by a bishop to a candidate for holy orders, having a title in his diocese, directed to some other bishop, and giving leave for the bearer to be ordained by him. When a person produces letters of ordination, or tonsure conferred by any other than his own diocesan, he must at the same time produce the letters dimissory given by his own bishop, on pain of nullity. Letters dimissory cannot be given by the chapter, fede vacante; this being deemed an act of voluntary jurisdiction, which ought to be reserved to the successor. — E. G. C. [See P. K L., p. 1245.] DIOCESAN CONFERENCE. The annual meeting of the clergy and lay delegates of any particular diocese is called a diocesan convention or conference, Avhich is now held in most, if not all, of the dioceses in England and Wales. DIOCESAN. One who exercises the ecclesiastical jurisdic- tion of a diocese, i.e., a bishop. The term diocesan is more DIOCESE— DIPTYCHS. limited than that of bishop, the latter including and recognising all the peculiar functions of the episcopate, while the former has reference only to the bounds in which those functions shall be exercised. Bishop is therefore a designation, in all circum- stances and places, of one holding the powers of the episcopate. On the other hand, diocesan is applicable to such an officer only in respect to the limits of his own diocese. — S. E. D, DIOCESE or DIOCESS. The circuit, or extent of the juris- diction of a bishop. Diocese is also used in ancient authors, &c., for the province of a metropolitan. Dioecesis was originally a civil government or prefecture composed of diverse provinces. The first division of the empire into dioceses is ordinarily ascribed to Constantine, who distributed the whole Roman state into four, viz. — the diocese of Italy, the diocese of Illyria, that of the East, and that of Africa. And yet long time before Constantine, Strabo, who wrote under Tiberius, takes notice tliat the Romans had divided Asia into dioceses, and complains of the confusion such a division occasioned in geography, Asia being no longer divided by people, but by dioceses, each whereof had a tribunal or court where justice was administered. Thus, at first, a province included diverse dioceses ; and afterwards a diocese came to comprise diverse provinces. In after- times the Roman empire became divided into thirteen dioceses or prefectures, though, including Rome and the suburbicary regions, there were fourteen. These fourteen dioceses comprehended one hundred and twenty provinces ; each province had a pro-consul, who resided in the capital or metropolis ; and each diocese of the empire had a consul, who resided in the principal city of the district. On this civil constitution the ecclesiastical one was afterwards regulated. Each diocese had an ecclesiastical vicar or primate, who judged finally of all the concerns of the Church within his territory. At present in England, Wales, and in the Isle of Man there are 31 dioceses, presided over by two archbishops and 29 bishops, four of whom are assisted in the discharge of their episcopal duties by bishops sufi'ragan. — E. C, C. [See P. E. L., pp. 23, &c.] DIPTYCHS. In a very early age it was customary to have in every church two written tables, whereof one contained the names of all eminent bishops and clergymen then living, with whom that church held communion and correspondence; the i86 DIEECTOEY. other tlie names of all eminent bishops and other men of their own, or other churches, then dead. The deacons rehearsed all the names in both tables, at the altar, whenever the Eucharist was celebrated. [See L, J. i).] DIRECTORY. A kind of regulation for the performance of religious worship, drawn up by the assembly of divines in England, at the instance of the parliament, in the year 1644. It was designed to supply the place of the liturgy or Book of Common Prayer, the use of which the parliament had abolished. It consisted only of some general heads, which were to be managed and filled up at discretion ; for it prescribed no form of prayer or circumstances of external worship, nor obliged the people to any responses excepting Amen. The use of the directory was enforced by an ordinance of the Lords and Com- mons at Westminster, which was repeated August 3, 1645. By this injunction the directory was ordered to be dispersed and published in all parishes, chapelries, donatives, &c. In opposition to this injunction. King Charles issued a proclamation at Oxford, November 13, 1645, enjoining the use of the Common Prayer according to law, notwithstanding the pretended ordi- nances for the new directory. — Brougliton. The directory was thrust upon the people of England as a substitute for the prohibited Prayer-Book. It was not a Prayer- Book at all, but a manual of directions for the conduct of public worship. It, of course, prohibited all those practices to which the Puritans had taken exception : the reading of the Apocrypha in divine service, the having sponsors at baptism, the sign of the cross, the ring, the kneeling at Holy Communion, the ob- servance of saints' days, vestments, &c. The chief directions were the following : — 1. The minister was to pray for a blessing on the portion of Scriptures to be read. 2. The canonical books were to be read in order. 3. After singing, the minister was "to endeavour to get his own and his hearers' hearts to be rightly affected with their sins." 4. A long prayer was to be offered up before the sermon. 5. Then the sermon was to be preached. 6. Lastly, a prayer of thanksgiving was to be offered up. Baptism was not to be administered in private or by a lay person, but before the congregation and by a minister. Severe penalties were imposed on all persons violating these ordinances. A first offence was punishable with a fine of ; a second, with a fine of ;£io] and the third, with "one whole year's DIRGE— DISMES. 187 imprisonment, witliont bail or mainprize," i.e.^ deliverance on security. Every minister not observing the directory " was to be fined every time 40s. Every person preaching, writing, or printing against it, or any part thereof, to be fined at the judge's discretion not less than nor more than ;^5o." "It was a crime in a child," says Macaulay, to read by the bedside of a sick parent one of those beautiful collects which had soothed the griefs of forty generations of Christians. Severe punishments were denounced against such as should presume to blame the Calvinistic mode of worship. Clergymen of respectable character were not only ejected from their benefices by thousands, but were frequently exposed to the outrages of a fanatical rabble. Churches and sepulchres, fine works of art, and curious remains of antiquity, were brutally defaced. The parliament resolved that all pictures in the royal collection which contained representations of Jesus or of the Virgin Mother should be burned" (History of England, i. 167). — Evan Daniel, [See also L. J. D.] DIEiGE. A song or hymn expressive of grief and mourning, as for the dead. The word is a contraction of the Latin dirige^ the first word of the antiphona Dirige, Domine, Deus^ chanted in the Romish service for the dead. The abbreviation seems to have been in use from about the middle of the i6th century. — .S'. E. D. [See L. J. D.] DISESTABLISHMENT AND DISENDOWMENT, IRISH CHURCH ACT, 32 & 33 Victoria, cap. 42, 1869. "^ir^^^® of the provisions of this act, the Irish Church was disestablished and disendowed, the pecuniary life interest in her property of her bishops and clergy, and of all other persons who had such vested interest therein, being respected. Compensation was made according to a certain calculation of the value of such interests. A new church body was incorporated to wdiich a lump sum of ;j{J'5 00,000 was paid in respect to private benefactions or the produce thereof, and it was allowed to those interested in any private endowment to substantiate their claim to any legal right to it within twelve months after the passing of the act. This act dissolved the legislative union between the Churches of England and Ireland ; it abolished all Irish ecclesiastical corpora- tions, it took away the right of the bishops to sit in the House of Eords, and it abolished the Irish ecclesiastical courts of law. — [See the Act; also P. E. L., p. 2209, &c.] DISMES (decimce). The tenth part of all the fruits of the earth, and of beasts, or labour, due to the clergy. It significth 1 88 DISPENSATION— DISPENSING POWER. also the tentlis of all spiritual, livings granted to the crown, which is called a perpetual disme. — T, L, D, [See 26 Hen. YIII. cap. 3, sec. 8 ; 9 Hen. Y. stat. i, cap. 9 ; i Rich. III. cap. 14 ; 4 Hen. YII. cap. 5 ; and 7 Hen. YII. cap. 6.] DISPENSATION, in law, &c., a permission to do something contrary to the standing laws, or a relaxation or suspension of a law on some just occasion. Some confound dispensation with equity, but they are very different things ; for equity is only the correction or modifica- tion of 'a law which is too general, but a dispensation suspends the obligation of the law itself, and can, therefore, be only given by the legislative power. The right of giving dispensations thus prove it is certain the Church has power to make laws, a power which the apostles themselves exercised, and which their successors have continued to exercise after them. Whoever can make a law can annul it, and much more can he dispense with it in certain cases ; the Church then may dispense with the laws itself has made, and we find it to have done accordingly in all ages. In the primi- tive times it was left to the judgment of the bishops to dispense with the length of the penance enjoined by the canons, and the fourth council of Carthage allows of the translation of bishops and priests when the Church's occasions should require it. The author of a treatise of dispensations, printed in 17 13, reduces all the causes of dispensation to the necessity and public service of the Church, and not to the private advantages of the persons who solicit the dispensation, otherwise causes, he ob- serves, will never be wanting. — U. C. C. Notwithstanding the Statute of Provisors and divers other statutes against the papal encroachments upon the ecclesiastical jurisdiction in this realm, the Pope's power still prevailed against all these statutes, and particularly in the matter of dispensations, which was one great branch of the revenue of the apostolic see. But by a statute of 25 Henry YIII. this power was taken from the Pope and vested in the Archbishop of Canterbury, so far forth as such dispensations may be lawfully granted without offending the laws of God, and that in all greater matters the king's consent in chancery be obtained. — B, L, D. [See 25 Hen. YIII. cap. 21 ; also B. D. D. H. T.'] DISPENSma POWER. By 25 Henry YIII. cap. 21, the pretended power of Rome to dispense with all human laws was declared to be an abuse, but power was claimed by the king in parliament assembled to dispense with, alter, or annul the DISSENTEES— DISTRICT CHAPELEIES. 189 human laws of the realm. The Archbishop of Canterbury was authorised to grant certain dispensations, except in any unusual case, when the approbation of the king or his council was declared to be necessary. Children born after marriage autho- rised by dispensation were to be legitimate. A clerk was to be appointed by the archbishop to register dispensations, and his fees were fixed. A clerk was appointed by the crown to write confirmations of such dispensations. DISSENTERS. By i & 2 WilHam and Mary, sec. i, cap. 18, dissenters, on complying with certain requirements, were exempted from penalties attaching to them by certain previous acts of par- liament. Dissenters chosen to be churchwardens or constables, or to any such office, scrupling to take the oaths of office, might serve by deputy. Dissenting teachers and preachers who quali- fied themselves by taking the necessary oaths were exempt from holding parochial and other such offices. Places in which dis- senters met for religious worship were to be certified to the Bishops' or Archdeacon's Court, and to be registered therein. "No meeting was to be held in any such place with closed doors, under liabilities of pains and penalties which existed before the passing of this act. [See 10 Anne, cap. 2 ; i Geo. I. stat. 2, cap. 5, sees. 4, 6, 8, 9, & 10; 19 Geo. III. cap. 44; 25 Geo* III. cap. 75 ; and 53 Geo. III. cap. 160 ; also B. D. D, H. T.] DISTRICT CHAPELRIES. These chapelries are created by scheme drawn up by the Ecclesiastical Commissioners, and by an order of the Queen in Council with the consent of the bishop. The endowments of the parishes out of which they are taken are not affected by their creation. The incumbent, however, of any such parish may annex a portion of his tithes to the new church, or effect a rent charge on his living in favour of the minister of such chapelry. It rests with the commissioners, with the consent of the bishop, to determine whether any or all of the offices of the Church may be performed in the new church, and how the fees should be appropriated until the benefice of the mother church is vacated, or the incumbent of the same relinquishes his office. As a rule, all the offices are authorised, and the fees go to the incumbent. In this case also the com- missioners, if they have aided in the erection of the church, may authorise pew-rents and fix their scale of payment. The minister of such chapelry is in all respects independent of the incumbent, or incumbents of the mother parish or parishes, except as to any fees that may be reserved to the incumbent or incumbents out of which his new chapelry has been taken. Unless the patronage has been specially vested in some one else, I90 DISTRICT PARISHES— DISTURBER it naturally belongs to the incumbent or incumbents of the mother church or churches, and if the chapelry has been taken out of any extra parochial places it belongs to the bishop. [See 59 Geo. III. cap 134, sec. 16; i & 2 Yict. cap. 107, sec. 12; 2 & 3 Vict. cap. 49, sec. 3 ; and 3 & 4 Vict. cap. 60, sec. i.] DISTRICT PARISHES are formed by a scheme drawn up by the Ecclesiastical Commissioners and by an order of the Queen in Council, with the consent of the bishop. The endowments of the mother church are not affected by the formation of such parishes. Offices of the church cannot be performed until a voidance of the mother church, or the resignation of his right in the new church by the incumbent of the mother church, when all the offices may be performed and the fees received by the incumbent of the district church. Pew-rents are authorised, and their scale of payment fixed by the commissioners, if they have made a grant for the erection of the church. Until the vacation of the benefice of the mother church, such district parish is served by a licenced stipendiary curate, nominated by the incumbent of the mother church, the licence of such curate remaining in force until revoked by the bishop. When the church is consecrated, it becomes a distinct and separate benefice for all ecclesiastical purposes ; and on the vacation of the bene- fice of the mother church it becomes a presentative benefice. The patronage belongs to him in whom the advowson of the old church is vested, unless vested elsewhere. [See 58 Geo. III. cap. 45, sec. 21 ; and i & 2 Vict. cap. 107, sec. 12.] DISTRICTS, PATRONAGE. These are formed by the Ecclesiastical Commissioners under their common seal after the bishop, patron, and incumbent of the original parish have had notice given to them, and an option allowed them to build and endow a new church. An endowment of ^1000, or £4.0 a year rent charge, must be forthcoming. The commissioners, with the bishop, may determine what offices of the church shall be used. The fees are reserved until the mother parish is vacated. But the incumbent of such church may, with the consent of his patron, voluntarily surrender the fees. The commissioners may themselves fix or allow the bishop, or patrons, or trustees, to settle the scale of pew-rents. The minister of the new district, except as to reserved fees, is independent of the mother church. The patronage is vested in the body or person building or endowing the church of the district. — [See i & 2 Will. IV. cap. 38, sees. 10 & II ; and 14 & 15 Vict. cap. 97, sees. 14, 16, & 21.] DISTURBER. If a bishop refuse or neglect to examine and admit a patron's clerk, without good reason assigned or DIURN ALE— DONATIVE. 1 9 1 notice given, lie is styled a disturber by the lat^, and shall not have any title to present by lapse ; for no man shall take advan- tage of his own wrong. — T. L. D. DIURNALE. A book containing the offices for the daily hours of prayer. DIVINE. A person in holy orders. DIVINE SERVICE. The ordinary, and more especially the eucharistic, service of the Church. DOCTORS COMMONS. A body of men, judges and advo- cates, associated together for the practice and administration of civil and canon laws. [See Colleges.} DOOMSDAY or DOMESDAY BOOK. Said to be derived from Domus Dei, God's House, by reason of this most ancient record of the realm being kept in an enclosure so called. The primary Domesday Books consist of two vols., containing a survey of the greater number of the counties of England. The name has no reference, as some people have supposed, to the Day of Judgment. Ancient registers at York, Worcester, and other cathedrals are called Domesday Eooks. — [See L. J. i).] DOMINICANS. The founder of this monastic order was St. Dominic, a Spaniard, who was born about the year 1070. They were called preaching friars, from their office to preach and convert heretics ; black friars, from their garments ; and in France, Jacobines, from having their first house in St. James's Street at Paris. Their rule was chiefly that of St. Austin. They came into England in the year 1 2 2 1 , had their first house at Oxford, and at the dissolution had about forty-three houses in England. There were nuns also of this order, but not in England. — B. E. L, DOMUS CONVERSORUM. An ancient house built or appointed by King Henry III. for such Jews as were converted to the Christian faith ; but King Edward III., who expelled the Jews from this kingdom, deputed the place for the custody of the rolls and records of the chancery. — T. L. D, DONATIO CAUSA MORTIS was a gift in prospect of death, where a person, moved with the consideration of his mortality, gave and delivered something to another, to be his in case the giver died, but if he lived he was to have it again. — B. E. L. DONATIVE is a spiritual preferment, be it church, chapel, or vicarage, which is in the free gift or collation of the patron, without making any presentation to the bishop, and without admission, institution, or induction by any mandate from the bishop or other ; but the donee may, by the patron, or by any other authorised by the patron, be put into possession. 192 - DONATIVE— DOSSELL. If the patron of a donative do not nominate a clerk, there can be no lapse thereof ; but the bishop may compel him to do it by spiritual censures. But if it hath been augmented by the governors of Queen Anne's Bounty, it will lapse in like manner as presentative livings. A donative is free from the visitation of the ordinary ; but the patron must visit the same by commissioners to be appointed by him. But although the ordinary hath not power as to the place, so as to regulate seats in that church, or the like, yet he hath power as to the parson, if he commits any misdemeanour, to proceed against him by spiritual censures. So in the case of churchwardens, if they refuse to take upon them the office, or the like, the ordinary may compel them ; for although there is a difference as to the incumbent, yet as to the parish officers there is none, for they are the officers of the parish, and not of the patron of the donative. — B. L. D. [See I Geo. I. stat. 2, cap. 10, sees. 14-16; and 58 Geo. III. cap. 45, sec. 20.] DONATIVE, form of grant of :— " To all to whom these presents shall come, know ye that I, A. B., of , in the county of , esquire, have given and granted, and by these presents do give and grant, to my beloved in Christ, C. D., clerk, the office or place of curate " (or as the case shall be), " of the chapel of , in the county of , now lawfully vacant, and to my donation and free disposi- tion in full right belonging, and by these presents do make, constitute, and appoint him, the said C. D., curate of the said chapel, to have, hold, and enjoy the said office or place of curate in the chapel aforesaid, to him, the said 0. D., during his natural life, with all and every the salaries, stipends, rights, and appurtenances, to the same office or place of curate aforesaid in any wise belonging or appertaining, as fully, freely, and perfectly, and in as ample manner and form as any other hath or ought to have held and enjoyed the same. In witness whereof I have hereunto set my hand and seal, the day of , in the year of our Lord ." Or thus : "To all to whom these presents shall come, A. B. of , in the county of , esquire, lord of the manor of , in the county of , sendeth greeting. Whereas the chapel of , in the county afore- said, is now vacant, and to my donation in full right belongeth, know ye, that I, the aforesaid A. B., have given and granted to my beloved in Christ, C. D., clerk, the aforesaid chapel of , with all its rights and appurtenances, and by the tenor of these presents do induct him, the said C. D., into corporal possession of the said chapel, with all its appurtenances. In witness whereof," &c. — B. E. L, DOSSELL or DORSAL. A piece of embroidered needlework, or cloth of gold, suspended at the back of a throne or altar, but DOUBLE QUAEEEL— DUEHAM, CITY OE. 193 more particularly the latter. It is derived from the Erench dossier, which signifies a back panel, covered with stuff. The dossells used in the ancient churches corresponded in colour with the other ornaments of the altars, and were changed according to the festivals. At funerals it is customary on the Continent to suspend a black dossell with a large cross over the back of the altar. — Pug in, DOUBLE QUAEEEL {duplex querela^ called improperly " double quarrel") was a complaint made by any clerk or other to the archbishop against any inferior ordinary for delaying justice in any cause ecclesiastical, as to give sentence, to institute a clerk presented, or the like ; the effect of which was that the archbishop, taking knowledge of such delay, directed his letters under his authentic seal to all and singular clerks of his province, thereby commanding them to admonish the said ordinary within a certain time to do the justice required, or otherwise to cite him to appear before the said archbishop or his official at a day in the said letters prefixed, and there to allege the cause of his delay ; and, lastly, to intimate to the said ordinary that if he performed not the thing enjoined, nor appeared at the day assigned, he would proceed to do justice in the premises. And it seems to be called a double querele, because it was most commonly made both against the judge and against the party at whose request justice was delayed by the said judge. — B, L. D. DOVES. Golden or silver images of doves were often used in the ornamentation of the interior of some churches, and were often used as emblems of the Holy Ghost. DUES, ECCLESIASTICAL, non payment of. Various dues to the clergy are cognisable in the spiritual court, which makes decrees for their actual payment. Ofi'erings, oblations, and obventions, not exceeding the value of forty shillings, may be recovered in a summary way before two justices of peace. — • T. L. D. [See 7 & 8 Will. III. cap. 6.] DUPLICATION. A second celebration of Holy Communion by the same priest on the same day. DUEHAM, CITY OF, is now the seat of a university, founded by the dean and chapter, w^ho obtained leave to appropriate a part of the property of their Church for its institution and sup- port.— 2^ L, D. [See 2 & 3 Will IV.] N 194 EAST— EASTER EYE. E EAST. The custom of worshipping towards the east, and of building churches with the chancel at the east end, may be traced to the ceremonies attending baptism in the early Church. The candidates renounced the devil with their faces to the west, and then they turned about to the east, and made their covenant with Christ, for which reason they worshipped God after the same way in which they had first entered into covenant with Him.— aS. E. D. EASTER. The name of a goddess which the Saxons wor- shipped in the month of April, and so called because she was the goddess of the East. In our Church it is the feast of the Passover, in commemoration of the sufferings of our Saviour. — T. L. D. [See 24 Geo. 11. cap. 23, sec. 3.] EASTER CANDLE. Anciently, a candle so named, which was lighted on Holy Saturday by the deacon, and kept burning at matins, mass, and vespers until the octave of the Ascension. EASTER EVE. The Saturday of Holy Week. This day was universally observed as a fast-day, being one of the days during which the Bridegroom was taken away from His disciples. It specially commemorates His descent into hell. In the Epistle of the Church of Smyrna, relating the martyrdom of St. Poly- carp, it is called the " Great Sabbath." It was one of the chief times in the ecclesiastical year for baptism, to which allusion is made in the collect. The service of the vigil consisted of sing- ing, prayer, and reading the Scriptures, and was kept up until the dawn of the Resurrection morning. In the time of Con- stantine " lofty pillars of wax were set up to burn as torches all over the city, and lamps were lit in all places, so that the night seemed to outshine the sun at noonday. Lamps and torches were placed both in churches and in private houses, which was done as a prodromics of that great Light or Sun of Righteous- ness arising upon the world on Easter Day." In the mediaeval English Church the new fire, "the paschal candle and the incense, all received benediction on this day for use in the suc- ceeding year." The ancient collect probably alluded to this practice. It ran, " 0 God, who didst illuminate this most holy night by the glory of our Lord's resurrection, preserve in Thy new-born family the spirit of adoption which Thou hast given, that being renewed both in body and mind they may render unto Thee a pure service, through the same our Lord." iSTo ECCLESI A— ECCLESIASTICAL BENEFICES. 195 collect was provided in the reformed Prayer-Book of the Church of England until the revision of 1661. In the North of England boys beg eggs to play v^ith on Easter Eve. These eggs are hardened by boiling, and tinged with various colours. The boys then go out and play with them in the fields, rolling them up and down, like bowls upon the ground, or throwing them up, like balls, into the air. The words commonly used in asking for the eggs are, "Pray, dame, a pask egg.'' "Pask" is clearly the same word as pasque. The origin of this custom is unknown, but the egg was regarded as emblematical of the resurrection, inasmuch as it contains within itself the elements of a future life. A prayer contained in the ritual of Pope Paul Y. for the use of England, Ireland, and Scotland, runs as follows : — " Bless, 0 Lord, we beseech Thee, this Thy creature of eggs, that it may become a wholesome sustenance to Thy faithful servants, eating it in thankfulness to Thee, on account of the resurrection of our Lord." In the Eastern Church Christians salute each other on Easter Day with the words, "Jesus Christ is risen from the dead." To which the answer is made, " He is risen indeed." — Evan Daniel. ECOLESIA, a Latin, or rather Greek, term signifying church. In our ancient law - books, Eitz-Herbert observes, Ecclesia, EKKAH2IA, properly signifies a parsonage. Whence, if a presentation were made to a chapel, as to a church, by the name of ecclesia, it changed the name thereof, and it presently com- menced a church. When the question was, whether it were ecclesia, aut capella jperiinens ad ecclesiam ? the issue was whether it had hajptiste- rium et sejpulturum ? for if it had the administration of the sacraments and sepulture, it was in law judged a church. — a a ECCLESI-ffi SCULPTURA. The image or sculpture of a church in ancient times, which was often cut out or cast in plate or other metal, and preserved as a religious treasure or relic, and to perpetuate the memory of some famous churches. —T. L, D. ECCLESIANS, ECOLESIANI in Church history. Upon any falling out or misunderstanding between the emperors and the churchmen, the adherents to the emperor called such as stuck to the interests of the Church and churchmen eccledani, as a term of reproach. — E, C. C. ECCLESIASTICAL BENEFICES. By virtue of an act passed in the reign of William IV., no advowson can be 196 ECCLESIASTICAL COEPOEATIOXS. recovered after adverse possession during three incumbencies or sixty years. Incumbencies by reason of a lapse are to be deemed fresh incumbencies, but not incumbencies in consequence of promotion to bishoprics. Persons claiming ecclesiastical benefices in remainder after an estate tail shall be deemed to claim, through the party entitled to such estate tail, and their right to bring any quare imped'.t action or suit limited accordingly. No advowson shall be recovered after one hundred years from the commencement of the adverse possession, unless a clerk shall subsequently have obtained possession on the presentation of the party claiming, or of some person through whom he claims. The right to any advowson after the determination of the period limited by the act for bringing any quare impedit, or other action or suit for the recovery thereof, is extinguished. [See 25 Ed. III. stat. 6; 17 Anne, cap. 18; and 3 & 4 Will. IV. cap. 27.] ECCLESIASTICAL CORPORATIONS are where the mem- bers that compose it are spiritual persons. They were created for the furtherance of religion, and perpetuating the rights of the Church. No person (which word extends ^Ho a body politic, corporate, or collegiate shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years after his right accrued. The time within which an ecclesiastical or eleemosynary corporation sole can recover any lands or rents is limited to two incumbencies, and six years if they shall amount to sixty years, and if not, then to such incumbencies and term and such an addi- tional number of years as will make up the period of sixty years. — T, L. D. [See 3 & 4 Will. IV. cap. 27, sees, i & 2 ; 30-34.] By 2 & 3 William IV. cap. 80 (extending to England and Wales), archbishops, bishops, deans, and chapters, and other ecclesiastical corporations, aggregate or sole, may enter into agreements or deeds of reference with their lessees, to ascertain unknown or disputed boundaries, or quantities of manors and land ; and the referees may make surveys and maps, summon and examine witnesses on oath, and call for all deeds, &c., in the custody of the parties to the reference, or of other persons, and may make awards with maps thereto, on parchment or vellum, which are to be laid before the parties to the reference, lECCLESIASTICAL COUKT. 197 Avho shall sign and seal tlieir approbation thereof on such awards, which shall afterwards be binding and conclusive on all parties as to the matters therein contained. By sect. 4, the deeds of reference, awards, and maps are to be deposited in the registry of the archbishop, &c., and are to be produced for inspection, and copies to be furnished to every person interested in the subject matter of such awards. — T, L, D. ECCLESIASTICAL COURT is that which is holden by the sovereign's authority as supreme governor of the Church, in matters which chiefly concern religion. The jurisdiction of the Ecclesiastical Court is either voluntary or contentious, i. Voluntary is where there is no opposition, which consists in visiting churches, the clergy, and church- wardens of the several parishes and districts ; in granting sequestrations, institution and induction to vacant benefices, licences, dispensations, probates of wills, administrations of intestates' effects, and the like. 2. Contentious ; which is where there is plaintiff and defendant, in causes of various kinds, as profanation of the Lord's - day, neglect of duty in ministers, disturbance of divine service, providing books and ornaments for the Church, jactitation of marriage, divorce, alimony, defamation, payment of tithes, mortuaries, synodals, procurations, dilapidations, reparation of churches, seats in churches, church-rates, wills and administrations when contested, and many other suchlike. The proceedings in the ecclesiastical court are regulated ac- cording to the practice of the civil and canon laws, or rather according to a mixture of both, corrected and new modelled by their own particular usages, and the interposition of the courts of common law. For if the proceedings in the spiritual court be ever so regularly consonant to the rules of the Koman law, yet if they be manifestly repugnant to the fundamental maxims of the municipal law of this realm ; as (for instance) if they require two witnesses to prove a fact where one will suffice at common law, in such cases a prohibition will be awarded against them. Their ordinary course of proceeding is, first, by citation to call the party injuring before them. Then by libel, or articles drawn out in a formal allegation, to set forth the plaintiff's ground of complaint. To this succeeds the defendant's answer upon oath. If he denies or extenuates the charge, then they proceed to proofs by witnesses examined, and their depositions 198 < ECCLESIASTICAL COURT. taken down in writing by an officer of the court. If the defendant hath any circumstances to offer in his defence, he must also propound them in what is called his defensive allega- tion, to which he is entitled in his turn to the plaintiff's answer upon oath, and may from thence proceed to proofs as well as his antagonist. But a man is not obliged to answer upon oath to any matter which may charge himself with a criminal offence. When all the pleadings and proofs are concluded, they are referred to the consideration, not of a jury, but of the judge, who takes information by hearing advocates on both sides, and thereupon forms his interlocutory decree, or definitive sentence, at his own discretion ; from which there generally lies an appeal, in the several stages and gradations, from the archdeacon to the bishop, from the bishop to the archbishop, and from the arch- bishop to the delegates. If the decree be not appealed from in fifteen days it is final. — B. L. D. But the proceedings above described are subject to modifica- tions by 3 & 4 Victoria, cap. 86, entitled, " An act for better enforcing church discipline ; " and more especially subject to the Public Worship Regulation Act, 37 & 38 Victoria, cap. 85, of w^hich we give the most important points. The important sections are the 7th, 8th, and 9th. The 7 th section provides for the appointment, within a limited period, and with the sanction of her Majesty, to be. signified under her sign-manual, of the new judge therein described as " a judge of the Provincial Courts of Canterbury and York," by the two archbishops jointly, and that in default of such appoint- ment her Majesty may appoint the judge by letters patent ; and it provides that upon a vacancy occurring in the office of official principal of the Arches Court of Canterbury, the judge shall become ex-officio such official principal, and that all proceedings thereafter to be taken before him in relation to matters arising within the province of Canterbury shall be deemed to be taken in the Arches Court of Canterbury, and that on a vacancy occurring in the office of official principal or auditor of the Chan- cery Court of York, he shall become ex-officio such official principal or auditor, and that all proceedings thereafter taken before him in relation to matters arising within the province of York shall be deemed to be taken in the Chancery Court of York. Representations under this section may be made by the arch- deacon, churchwarden, parishioners, or any three of the inhabi- tants of the diocese to the bishop thereof, setting forth one or more of the following items : — ECCLESIASTICAL COUKT. 199 1. That in such church any alteration in or addition to tlie fabric, ornaments, or furniture thereof, has been made without lawful authority, or that any decoration forbidden by law has been introduced into any such church ; or, 2. That the incumbent has within the preceding twelve months used, or permitted to be used, in such church or burial- ground any unlawful ornament of the minister of the church, or neglected to use any prescribed ornament or vesture ; or, 3. That the incumbent has within the preceding twelve months failed to observe, or to cause to be observed, the direc- tions contained in the Book of Common Prayer relating to the performance in such church or burial-ground of the services, rites, and ceremonies ordered by the said book, or has made, or permitted to be made, any unlawful addition to, alteration of, or omission from such services, rites, or ceremonies, such arch- deacon, churchwarden, or parishioners may, if he or they think fit, send to the bishop a written complaint and declaration of its truth as provided by the act. But the section contains a pro- viso that no proceedings shall be taken under the act as regards any alteration or addition to the fabric if such alteration or addition has been completed five years before the conimence- inent of such proceedings. By section 9 it is provided, that unless the bishop shall be of opinion that proceedings shall not be taken, he shall, in manner prescribed by the act, ascertain whether the parties are willing to submit to his directions without appeal ; that if they are he shall hear and adjudicate on the matter ] but that if they are not, he is to transmit the representation to the archbishop of the province, who is forthwith to require the judge to hear the matter at any place within the diocese or province, or in London or West- minster. [This discretionary power, vested in the bishop to sanction or to approve of and to further or stay proceedings, w^as questioned and tried in the case of the Bishop of Oxford V. Julius, and it was ruled that such discretionary power is absolutely vested in the bishop.] The judge shall require the jmrty making the representation to give security for costs, and that he shall hear and pronounce judgment on the matter of the representation, and issue such monition, if any, and make such order as to costs as the judgment shall require. By the inter- pretation clause it is enacted, that the term " parishioner " shall mean a male person of full age, who, before making any repre- sentation under the act, has transmitted to the bishop, under his hand, a solemn declaration that he is a member of the Church 200 ECCLESIASTICAL DIYISIOXS— ELECTION. of England as by law established, and who has had his usual place of abode in the parish for one year next before taking any proceedings under the act. — P. C. G. ECCLESIASTICAL DIVISIONS. Provinces, dioceses, arch- deaconries, parishes, &c. [See 13 Edw. I. stat. 4; 25 Edw. I. stat. I, cap. 4 ; 9 Edw. II. stat. i, cap. 6 ; 2 Hen. Y. stat. I, cap. 3; 25 Hen. YIII. cap. 19; 27 Geo. III. cap. 44; 53 Geo. III. cap. 127 ; 2 & 3 Will. lY. cap. 93 ; 7 & 8 Yict. cap. 68.] ECCLESIASTICAL JURISDICTION. Doctors of the civil law, although they be laymen, &c., may exercise ecclesiastical jurisdiction. [See 37 Hen. YIII. cap. 17.] ECCLESIASTICAL YEAR. The period from Advent to Advent. EGtLISE (Er.). A church ; in the old books a division con- taining the law relative to advowson, churchwardens, &c. ELDER, PRESBYTER, or PRIEST. A Scriptural name given to the second order of ministers. ELECT, a term applied to archbishops, bishops, and others who are chosen, but not yet consecrated or actually invested with their office and jurisdiction. ELECTION. A choice made of any person whereby he is preferred to some other. . There seems this difference, however, between choice and election, that election has usually a regard to a company or community which makes the choice, whereas choice is seldom used but when a single person makes it. We say, the election of a bishop, a member of parliament, &c. The most solemn election is that of a pope, which is per- formed by the cardinals in four different manners. The first by the Holy Spirit, as it is called, when the first cardinal who speaks, having given his vote for any person, proceeds to the adoration and proclaims him pope, as by a sudden inspiration of the Holy Ghost. In which case he is deemed duly elected if all, or at least two-thirds, of the assembly be consenting thereto. The second, by compromise, when the whole college pitches on three cardinals, to whom they give a power of nominating the Pope, which power expires upon the burning out of a candle lighted on that occasion. The third, by way of poll or scrutiny, which last is the most usual ; the cardinals throwing sealed tickets, wherein their votes are, into a chalice or cup placed on the altar. Two-thirds of the votes are required to determine an election by scrutiny. ELECTION OF CHUECHWAEDENS. 201 The fourtli is hj way of accession ; when, the votes being too much divided to elect anybody, some of the cardinals desist from their first suffrage and accede, that is, give their voices to him who has already the majority by scrutiny. The way of accession, however, is always added to the scrutiny, it being the constant practice for all the cardinals to give their voices, after the last scrutiny, to him whom they find to have the plurality already, so that all elections of popes are with the unanimous consent of all the cardinals. — K C. C. ELECTION OF CHURCHWARDENS BY BALLOT. It was decided by Dr. Phillimore, as the Official Principal of the Archdeaconry Court of London, that the election of a church- warden, which had taken place by ballot, was illegal, and the parishioners in the case in question were directed to proceed to a new election. ELEEMOSYNARIUS. The almoner in a monastery who had the oversight of the alms of the house (which were every day distributed at the gate to the poor) ; who divided the alms upon the founder's day, and at other obits and anniversaries, and in some places provided for the maintenance and education of the choristers. — B. E. L. ELEMENTS. The materials used in the sacraments — water in holy baptism, bread and wine in the Holy Eucharist. ELEVATION OF THE HOST. A practice in the Eomish Church of lifting up the consecrated wafer or bread in the Eucharist, to be seen and adored by the people. In allusion to this ceremony the Church declares in her 28th Article, that " the Sacrament of the Lord's Supper was not by Christ's ordinance reserved, carried about, lifted up, or worshipped." EMBER WEEKS are those wherein the ember or embring days fall. In the laws of King Alfred and those of Canute, those laws are called ymhren^ that is, circular days, from whence the word was probably corrupted into ember days. By the canonists they are called quatuor anni tem/pora, the four cardinal seasons on which the circle of the year turns ; and hence Hen- shaw takes the word to have been formed, viz., by corruption from temper of tempora. The ember days are the Wednesday, Friday, and Saturday after Quadragesima Sunday, after Whitsunday, after Holy- Eood Day in September, and after St. Lucia's Day in December, which four times answer well enough to the four quarters of the year, spring, summer, autumn, and winter. 202 EMOETUALE— ENTRY. Mr. Somner thinks tliey were originally fasts, instituted to beg God's blessings on the fruits of the earth. Agreeably to which, Skinner supposes the word ember taken from the ashes, embers, then strewed on the head. These ember weeks are now chiefly taken notice of on account of the ordination of priests and deacons, because the canon appoints the Sundays next succeeding the ember weeks for the solemn times of ordination, though the bishops, if they please, may ordain on any Sunday or holiday. — E. C. C. EMORTUALE. A book which contains the office for the visitation of the sick, &c. ENCHIRIDIUM or MANUAL. A small book containing the offices for the canonical hours of prayer. ENCCENIA. The annual festival held in commemoration of the dedication of a church. ENDOWED OHAPELRY is made a separate parish for eccle- siastical purposes by the bishop under his hand and seal, with the consents of the patron and incumbent of the mother parish, the endowment of the original parish not being affected thereby. When separation takes place the offices of the church may be performed, and fees then belong to the incumbent of the new and separate parish. No provisions are made as to pew-rents. The bishop and patron may agree as to patronage, but the incum- bent may refuse to consent to such agreement. [See i & 2 "VYill. lY. cap. 28, sees. 2 & 3 ; and i & 2 Yict. cap. 107, sec. 7.] ENDOWMENT. The bestowing or assuring of dower on a woman. It is sometimes used metaphorically for the settling a provision upon a parson, or building of a church or chapel, and the severing a sufficient portion of tithes, &c., for a vicar, towards his perpetual maintenance, when the benefice is appro- priated. [See stats. 15 Kich. 11. cap. 6; 4 Hen. lY. cap. 12. ENTHRONISATION. The placing of a bishop in his stall or throne in his cathedral A distinction is sometimes made between the enthronisation of an archbishop and a bishop, the latter being called installation ; but this appears to be a mere refinement of the Middle Ages, of which we have many such. — [See P. E. A, p. 60.] ENTHRONISTICUS SERMO. The discourse or exposition upon certain portions of Holy Scripture usually made, in olden times, by the new bishop immediately after his consecration. ENTRY SINE ASSENSU CAPITULI A writ of entry that lay where a bishop, abbot, &c., aliened lands or tenements of the Church, without the assent of the chapter or convent. ij EPIPHANY— EPISCOrUS PUEEOEUM. 203 EPIPHANY, OR THE Manifestation of Christ to the Gentiles. This festival was formerly closely associated with Christmas, and celebrated in the Eastern Church on the same day. Its most ancient name was Theophania, the name by which it is still known in the Greek Church. It was also called Epiphania and Bethphania. Hence Jerome calls it Dies Epiphaniorum (the day of the Epiphanies). — Evcm Daniel. EPISCOPACY. The quality of episcopal government, or that form of Church discipline wherein diocesan bishops are estab- lished, distinct from, and superior to priests or presbyters. EPISCOPAL. Something that belongs to a bishop. Episcopal government is the government of a diocese, wherein one single person, legally consecrated, presides over the clergy of a whole district, in quality of head or superintendent thereof, conferring orders, and exercising a sort of jurisdiction. — E. C. C. [See 6 & 7 Yict. cap. 62.] EPISCOPAL CHURCH. Any church possessing a ministry of bishops, priests, and deacons ; the Church of England. EPISCOPAL HABIT. The ecclesiastical vestment worn only by a bishop. EPISCOPALIA. Synodals or other customary payments from the clergy to their bishop or diocesan, which were formerly collected by the rural deans, and by them transmitted to the bishop. These customary payments have been otherwise called onus episcopale, and were remitted by special privilege to free churches and chapels of the king's foundation, which were exempt from episcopal jurisdiction. — T. L. D. EPISCOPALIAN. An adherent or member of the Church of England, or of any church governed by bishops. EPISCOPUS PUEEOEUM. It was a custom in former times that some lay person about a certain feast should plait his hair and put on the garments of a bishop, and in them exercise episcopal jurisdiction, and do several ludicrous actions, for which reason he was called bishop of the boys ; and this custom obtained here long after several constitutions were made to abolish it. • In an old work, printed under the title of the " Processionale of the Church of Sarum," is contained the service of that church on this occasion, which appears to have taken place on the day of the Holy Innocents. The service is very short, and is set to music. From the monuments in some of the cathedrals it appears that the episcopus puerorum was himself a boy (gene- 2 04 EPISTLE— EUCHAEIST. rally of the clioir). His office lasted about a month ; and if he died while in office, he was buried in pontificalihus. A monument of this nature still exists in Salisbury Cathedral. — T. L, D. EPISTLE. A portion of Holy Scripture read in the Com- munion Service before the Holy Gospel. EPISTLE SIDE. That side of the altar at which the epistle is read ; the south side. EPISTOLER. In the 2 4tli canon, and in the injunctions of Queen Elizabeth, we find that a special reader, entitled an episto- ler, was to read the epistle in collegiate churches vested in a cope. Epistolers are still statutable officers in several cathedrals of the new foundation, though in most it has fallen into desuetude. It is retained at Durham. The epistoler and gospeller are some- times called deacon and subdeacon in the cathedral statutes. The epistoler, according to our present rubric, strictly inter- preted, must be a priest. In the Roman Church he is a subdeacon. But by Archbishop Grindal's injunctions in 157 1, it was required that parish clerks should be able to read the first lesson and ej^istle. — Jehb. ERASTIANS. A sect of religionists named from Erastus, a German physician in the i6th century, composed in England chiefly of common lawyers, under the guidance of Selden. A modern author states their fundamental principle to be — ^' That in a commonwealth [government] where the magistrate professes Christianity, it is not convenient that offences against religion and morality should be punished by the censures of the Church, especially by excommunication." — T. L. D. ESPOUSALS, or mutual promise, were formerly made some time before the actual marriage at a separate service. These public espousals were ^'a formal and religious recognition of what is now termed an engagement, and took place sometimes months, sometimes years before the marriage itself." The ceremonies were — "(i) the verbal expression of free consent; (2) presen- tation of gifts, ' arrcB^ or ^ sponsalia;^ (3) giving and receiving a ring ; (4) a kiss ; (5) joining of hands ; (6) settling a dowry in writing." — Evan Daniel. ESTABLISHMENTARIANS. Such persons as regard the Church of England primarily as an act of parliament institution, a creature of the State. EUCHARIST {eucJiaristia), The Sacrament of the Supper, or a participation of the body and blood of Christ, under the species or figures of bread and wine. EULOGIES— EXCHANGE. 205 ^ EULOGIES {eulogicG). Eucharistical bread and wine which the ancient Christians used to send from one church and diocese to another, in token of friendship and communion. EVANGtELESTRARIUM. a book containing those portions of the Gospels usually read in the Communion Service. EVENSONG-. The order for evening prayer, representing the ancient offices of vespers and compline. EXAMINATION BEFORE ORDINATION. By Canon 35 the bishop, before he admit any person to holy orders, shall diligently examine him in the presence of those ministers that shall assist him in the imposition of hands ; and if the bishop have any lawful impediment he shall cause the said ministers carefully to examine every such person so to be ordered, and if any bishop or suffragan admits any to sacred orders who is not so examined, and qualified as ordained in Canon 34, the arch- bishop of his province having notice thereof, and being assisted by one bishop, shall suspend the said bishop or suffragan so offending from making either deacons or priests for the space of two years. When the bishop intends to hold an ordination all who are desirous to be admitted into the ministry are to appear on the fourth day before the ordination, and then the bishop shall appoint some of the priests attending him, and others skilled in the divine law, and exercised in the ecclesiastical sanctions, who shall diligently examine the life, age, and title of the persons to be ordained, at what place they had their education, whether they be well learned, and whether they be instructed in the law of God. And, after being examined, they shall be presented to the bishop. In all cases of candi- dates for holy orders, and of persons in holy orders applying to the bishop for licences to curacies, the bishop is the sole and irresponsible judge as to the moral fitness and sufficiency of learning of those who present themselves to him. EX CATHEDRA (Lat. ex. from, and Gr. Ttadid^a, a chair). A phrase used in speaking of the solemn dictates or decisions of prelates, chiefly the popes, delivered in their official capacity. Hence, in common language, the phrase is used for any decision, direction, or order given with an air of official authority. EXCHANGE is where two parsons having procured licence from the ordinary to treat of an exchange (of w^hich sort there are many to be found in the ecclesiastical records), do by one instrument in writing agree to exchange their benefices, having both spiritual (for a lay preferment, as an hospital, cannot be exchanged, or go for a prebend or other spiritual benefice) ; and 2o6 EXCLUDING CLERGYMEK in order thereunto, do resign them into the hands of the ordi- nary ; such exchange being executed the resignations are good. But though the one is instituted and inducted into the other's benefice, yet if the exchange be not executed on both parts, the clerk on whose part the exchange was not executed may have his benefice again ; for in this case of exchanging the law doth annex this condition to a resignation, namely, if it be fully executed. Thus, where one is both instituted and inducted, and the other is only instituted, and dies or refuses to finish, in this case, though they have proceeded so far, yet the resignation and all that followed upon it shall be void, and both (if both are living) may return to their former benefices upon the footing of former possession ; or if one dies before he is inducted, and after the induction of the other, the induction and all that went before shall be void, because the exchange was not fully exe- cuted during the lives of the parties. And this is agreeable to the reason of the common law, for at the common law if a man exchange lands, and the lands he receives in exchange be evicted, he may repair to his own lands and re-enter upon them. By 31 Elizabeth, cap. 6, sec. 8, If any incumbent of any benefice with cure of souls shall corruptly resign or exchange the same, or corruptly take for or in respect of the resigning or exchanging the same, directly or indirectly, any pension, sum of money, or other benefit whatsoever, as well the giver as the taker of any such pension, sum of money, or other benefit corruptly, shall lose double the value of the sum so taken or had, half to the queen and half to him that shall sue for the same in any of her Majesty's courts of record. — B. E. L. [See 55 Geo. III. cap. 147 ; 56 Geo. III. cap. 52 ; 4 & 5 Will. lY. cap. 30 ; 6 Will. lY. cap. 20, sec. 5.] EXCLUDING CLERGYMEN. By 41 George III. cap. 63, clergymen are not permitted to sit in the House of Commons. EXCLUDING THE BISHOPS. By an act passed in the reign of Charles I. the bishops were excluded from the House of Lords, and not restored again till after the lapse of about twenty years. [See 16 Chas. I. cap. 27, and 13 Chas. II. cap. 2.] EXCOMMUNICATE. In the state of excommunication. This word occurs in the Order for the Burial of the Dead, where (in the first rubric) it is said, The office ensuing is not to be used for any unbaptized adults, [nor] any who die excommuni- cate ; " that is, any who, for their great crimes, have, by the lawful authority, been rejected from a place and a name in the Church of God. EXCOMMUXICATIOX. " 207 Tlie reason wliy the burial service is not to be read over these is a very obvious one. That service takes for granted that all who deserve Christian burial have died in communion with the Church, or at least have been numbered among her children. But inasmuch as the unbaptized have never been I admitted to that Church, and the excommunicated have been repelled from it, this service cannot and ought not to be used in either case. — S. E. D. EXCOMMUNICATION was an ecclesiastical censure, whereby the person against whom it was pronounced was for the time cast out of the communion of the Church. It was of two kinds : the lesser and the greater. The lesser excommunication was the depriving the offender of the use of the sacraments and divine worship ; and this sentence was passed by judges ecclesiastical on such persons as were guilty of obstinacy or disobedience in not appearing upon a citation, or not submitting to the injunctions of the court. The greater excommunication was that whereby men were deprived not only of the sacraments and the benefit of the divine offices, but of the society and conversation of all Christians. In the ancient Church, the sentences of the greater excoRi- munication were solemnly promulgated four times in the year, with candles lighted, bells tolling, the cross, and other solem- nities. And by later canons, excommunicate persons were to be publicly denounced in the church every six months ; and the churchwardens were especially to take care to keep excommuni- cate persons out of the Church. The law in many cases inflicted the censure of excommuni- cation ipso facto upon off'enders, which, nevertheless, was not intended so as to condemn any person without a lawful trial for his offence ; but he was first to be found guilty in the proper court, and then the law gave that judgment. But an excommunicate person was disabled to bring an action, and this whether by the greater or lesser excommuni- cation. So also he could not serve upon juries nor be a witness in any court. And by the rubric in the Book of Common Prayer, the burial office shall not be used for any that die excom- municate. After a person had remained forty days under sentence of excommunication, he might, on certificate of the diocesan to the Court of Chancery, be imprisoned by a writ of excommuni- cato cajpiendo until he submitted and was absolved, which again 2c8 EXCOMMUmCATO CAPIENDO. being certified by the bishop, another writ, called an excommuni' cato deliherandOj issued to the sheriff to discharge him. But if after a person wa? excommunicate, there came a general act of pardon which pardoned all ^^ontempts, it seems that the offence was taken away without any formal absolution. Excommunication was a good plea even to an executor or administrator, though they sue in auter droit ; for an excom- municated person was excluded from the body of the Church, and was incapable of laying out the goods of the deceased to pious uses ; also it was one of the effects of excommunication that he could not be a prosecutor or attorney for any other person, and therefore could not represent the deceased. Where excommunication was pleaded, it was not sufficient to show the writ de excommunicato capiendo under the seal of the court ; for the writ was no evidence of the continuance of the excommunication, since persons may be absolved by the bishop, and that would not appear in the sovereign's court, because such assoilment was not returned into the sovereign's court from whence the significavit was sent. But now, by 53 George III. cap. 127, persons excommunicated shall not incur any civil disability. When prohibition was brought against a bishop, and he pleaded excommunication against the plaintiff, and in the excommunication there was no cause thereof shown, that was not a good plea ; for in such case it would be intended that the excommunication was for endeavouring to hinder the bishop's •proceeding by application to the temporal court ; and if such excommunication was allowed, it would destroy all prohibitions. The law is now altered as to excommunication, and it is provided that persons excommunicated shall in no case incur any civil penalty or disability whatsoever. — B. L. D. and T. L. D. [See 53 Geo. III. cap. 127 ; 25 Edw. I. stat. i, cap. 4; 28 Edw. III. cap. 27 ; 53 Geo. III. cap. 127, sees. 2 & 3.] ' EXCOMMUNICATO CAPIENDO. A writ directed to the sheriff for apprehending him who stood obstinately excommuni- cated. If within forty days after sentence of excommunication had been published in the church, the offender did not submit and abide by the sentence of the spiritual court, the bishop might signify, i.e., certify, such contempt to the king in Chan- cery. Upon which there issued out this writ to the sheriff of the county, called from the bishop's certificate a significavit, or from its effect a writ de excommuniccdo capiendo. And the sheriff was thereupon to take the offender and imprison him in EXCOMMUNICATO DELIEEEANDO. 209 the county gaol till lie was reconciled to the Church, and such reconciliation certified by the bishop. — T. L, D. [See P. E. L, p. 1403.] EXCOMMUNICATO DErJBERANDO. A writ to the sheriff for delivery of an excommunicate person out of prison, upon certificate from the ordinary of his conformity to the ecclesiastical jurisdiction. And where a man was unduly ex- communicated, he might be delivered, in some cases, by an haheas corpus; and sometimes by pleading, as well as by an excommunicato deliherando ; also sometimes by prohibition, &c. And on a general pardon the party might have a writ to the bishop to absolve him. — T. L. D. [See P. E, P., p. 1263.] EXCOMMUNICATO RECIPIENDO, or rather, RECA- PIENDO. A writ whereby persons excommunicated being for their obstinacy committed to prison, and unlawfully delivered, before they had given caution to obey the authority of the Church, were commanded to be sought after, retaken, and im- prisoned again. If a person after his commitment escaped, and the sheriff had not returned his writ, a cqpicts excommunicatum de novo was to go, otherwise if the writ be returned. — T. L. D. EXEMPTION. A privilege or dispensation whereby a person is excepted out of some general rule. Exemption was particu- larly applied to churches, chapels, and monasteries, which had a privilege given them by the popes or princes, whereby they were exempted from the jurisdiction of the bishop or ordinary. The Council of Constance revoked all exemptions to restore to the general law, v\^eakened and diminished by a relaxation of several ages, its ancient force and vigour, and make it every- where obtain in all its latitude. The first exemptions granted to monks were only for the liberty of electing their abbot, independently of the bishop, and not to screen them from the regular jurisdiction of the bishops. The pretence for these exemptions was, that the bishops abused their authority, and exacted extravagant dues on the monasteries I in their dependence. But the real cause was rather that the i monasteries, being fallen from the severity of their rules, did I not care for inspectors so near at hand, and therefore solicited exemptions at Kome. As this was to derogate from the common laws, the popes were a good while very reserved on the point, and seldom granted them but with the consent of the bishops themselves. But by degrees the popes began to assume a power of granting such exemptions at pleasure, and made their account of the indul- 0 1 2 10 EXHIBITION— EXPECTATIVE GEACES. gence of the bishops, who were not sufficiently apprehensive of the consequences. Accordingly, they favoured whole orders with the privilege of exemption, as the Cistercians, Dominicans, Carthusians, Jesuits, &c. Things at length were brought to such a pass that there was a necessity for putting a check to exemptions ; accordingly the Council of Trent prohibited and declared them null for the future, confirming only such as were well founded on legal concessions from the Holy See. — E. O. G. [See 3 & 4 Will. IV. cap. 30.] EXHIBITION. An allowance for meat and drink, such as was customary among the religious appropriators of churches, who usually made it to the depending vicar. EXORCIST. Exorcist was one of the five inferior orders in the Church of Eome, whose office it was to compel by adjuration evil spirits tormenting men, in the name of Almighty God, to come out of them. The words of the 7 2d canon are: *'Ko minister shall, without the licence of the bishop of the diocese, under his hand and seal, attempt upon any pretence whatsoever, either by possession or obsession, by fasting and prayer, to cast out any devil or devils, under pain of the imputation of impos- ture or cosenage, and deposition from the ministry." In the form of baptism in the liturgy of 2 Edward VI. it was ordained thus : — Then let the priest, looking upon the children, say, I command thee, unclean spirit, in the name of the Father, of the Son, and of the Holy Ghost, that thou come out and depart from these infants, whom our Lord Jesus Christ hath vouch- saved to call to His holy baptism, to be made members of His body and of His holy congregation ; therefore, thou cursed spirit, remember thy sentence, remember thy judgment, remember the day to be at hand wherein thou shalt burn in fire everlast- ing, prepared for thee and thy angels ; and presume not here- after to exercise any tyranny towards these infants whom Christ hath bought with His precious blood, and by this His holy baptism called to be of his flock." — B. E. L. EXPECTATIVE. In the canon law, a hope founded on a promise of obtaining the next benefice that shall become vacant, or a right to the reversion of the next. EXPECTATIVE GRACES {gratice expect ativce), called also preventions, were bulls frequently given by the popes or kings for future benefices. The bishops were exceedingly mortified with them, by reason they encroached on their privileges. Besides that, such expectatives are odious, as they induce people to wish for the death of others. EXPULSION TEOM ClIUKCII— FACULTY. 211 The use of expectatives is very ancient, though it was not near so frequent in the first ages as at present. Originally tliey were no more than simple requests made on the part of kings or popes, which the bishops consented to with the more willing- ness, as they only presented to them persons fit to serve the Church. But the frequent exercise of this privilege made it at length be deemed a matter of obligation and necessity. Grace is also a term in the formula of all patents, &;c., which begin, " George, by the gy^ace of God, King of Great Britain," &c. The Romish bishops frequently begin their mandates in the like manner ; Such-a-one, by the grace of God, and the Holy See, bishop of, &c. The English archbishops say, by divine grace or divine providence. — E. C. G. EXPULSION FROM CHURCH BY CHURCHWARDENS. In the case of Burton v. Hanson, the court decided that whether the service had begun or not, the churchwardens were justified in turning any one out of church whose conduct might be such as to lead them reasonably to suppose that he would offer inter- ruption to the service. — P. G. p. 347. EXTRA PAROCHIAL signifies being out of any parish. Tithes of extra-parochial places belonged to the sovereign by pre- rogative. Extra-parochial wastes and marsh lands, when drained and improved, were, by a statute of George IL, to be assessed for all parochial rates in the parish next adjoining. — B. L. D. [See 17 Geo. II. cap. 37 ; 2 & 3 Yict. cap. 49, sec. 6 ; and i & 2 Vict. cap. 106, sec. 26.] P F, the letter wherewith felons, &c., were branded and marked with a hot iron on their being admitted to the benefit of clergy. FABRIC LANDS were lands given towards the rebuilding or repairing of cathedral and other churches ; for in ancient times almost every person gave by his will more or less to the fabric of the cathedral or parish church where he lived ; and lands thus given were called fabric lands, being ad fahricam re- pa^andum. These lands are mentioned in the stat. 1 2 Charles IL cap. 8.— L. D. FACULTY [facidtas)^ as restrained from the original and active sense to a particular understanding in law, is used for a 212 FAIRS AXD MARKETS— FAST DAYS. privilege, or special dispensation granted to a man by favour and indulgence, to do that which by law he ought not to do. And for the granting of these there is an especial court under the Archbishop of Canterbury called the Court of the Faculties, and the chief officer thereof the Master of the Faculties, who has power to grant dispensations — as to marry persons without the banns first asked (and every diocesan may make the like grants), to ordain a deacon under age, for a son to succeed the father in his benefice, one to have two or more benefices incompatible, and for other purposes. And in this court are registered the certificates of bishops and noblemen granted to their chaplains to qualify them for pluralities and non-residence. — T. L, D, [See 25 Hen. YIII. cap. 21.] FAIRS AND MARKETS. Fairs are commonly annual, and were granted to be held on the day of the dedication of the church, and many of them are so held to this day. And they were first held in the churches, afterwards in the churchyard, until restrained by authority. And from this relation to the church they were commonly held on Sundays; but by 27 Henry YI. cap. 5, it w^as enacted that no fair or market shall be kept upon any Sunday, except for necessary victual, and on the four harvest Sundays (when people on the week-days are otherwise fully employed). [See P. E. L., p. T037.] FALDISTORY. A seat used by a bishop as a substitute for his throne. FALDSTOOL, FOLDING-STOOL, FALDSTORY. A port- able seat made to fold up in the manner of a campstool. It was made either of metal or wood, and sometimes was covered with rich silk. Formerly when a bishop was required to officiate in any but his own cathedral church, where his throne was erected, a faldstool w^as placed for him in the choir, and he frequently carried one with him in his journeys. This term is also frequently but erroneously applied to the litany-stool, or small low desk at which the litany is enjoined to be sung or said (in the Church of England). This is generally placed in the middle of the choir, sometimes near the steps of the altar. FAST DAYS. Days of fasting and humiliation, appointed to be kept by public authority. There are fixed days of fasting enjoined by our Church, at certain times in the year, mentioned in ancient statutes. Other days of fasting, which are not fixed, are occasionally appointed by the sovereign's proclamation. — FEASTS— EEES. 213 T, L. D. [See 2 & 3 Edw. YI. cap. 19 ; S & 6 Edw. YI. cap. 3 ; 5 Eliz. cap. 5 ; i Mary, sess. 2, cap. 2 ; 12 Chas. IL cap. 14 ; and 24 Geo. II. cap. 23, sec. 3.] FEASTS. Anniversary times of feasting and thanksgiving, as Christmas, Easter, Whitsuntide, &c. The four feasts which our laws especially take notice of are the feasts of the Annuncia- tion of the Blessed Yirgin Mary, of the JSTativity of St. John the Baptist, of St. Michael the Archangel, and of St. Thomas the Apostle (or, in lieu of the last, the birth of our Lord Christ), on which quarterly days rent on leases is usually reserved to be paid. — T. L. D. [See stats. 5 & 6 Edw. YI. cap. 3 ; 12 Chas. II. cap. 30.] FEES. By 25 Edward III. stat. 3, cap. 9, it was ordained : *• Because the king's justices do take indictments of ordinaries and their ministers, of extortions and oppressions, and impeach, them without putting in certain wherein, or whereof, or in what manner they have done extortion ; the king will that his justices shall not from henceforth impeach the ordinaries nor their ministers because of such indictments of general extortions or oppressions, unless they say and put in certain in what things, and of what, and in what manner the said ordinaries or their ministers have done extortions or oppressions." According to Canon 135, " No bishop, suffragan, chancellor, commissary, arch- deacon, official, nor any other exercising ecclesiastical jurisdic- tion whatsoever, nor any registrar of any ecclesiastical court, nor any minister belonging to any of the said offices or courts, shall hereafter, for any cause incident to their several offices, take or receive any other or greater fees than such as were certi- fied to the most reverend father in God John, late Archbishop of Canterbury, in the year of our Lord 1597, and were by him ratified and approved, under pain that every such judge, officer, or minister ofi'ending herein shall be suspended from the exer- cise of their several offices for the space of six months for every such ofi'ence. Always provided, that if any question shall arise concerning the certainty of the said fees, or any of them, then those fees shall be held for lawful which the Archbishop of Canterbury for the time being shall under his hand approve ; except the statutes of this realm before made do in any parti- cular case express some other fees to be due.'' One of the articles or canons ratified in the year 1584 was, that no other nor greater fees should be taken for any cause by any bishop, ordinary, archdeacon, or their ministers, than those which were used to be taken at the beginning of the Queen's reign, and that 214 FEES FOE BAPTISM. a table of all such fees should be put up in every consistory before the Eeast of St. John the Baptist, then next ensuing, a copy whereof, signed by the ordinary, was to be transmitted within the said time to the archbishop ; which said article was repeated in the Constitutions of Archbishop Whitgift in the year 1597 aforesaid, and it is there enjoined — i. That the table which is to be hung up in the consistory shall contain the several sums of every particular fee which most frequently and usually, from the beginning to the i8th year of the Queen's reign, had been w^ont to be taken, as well by the judge as by all and every of the officers and ministers of the same court. 2. That an authentic copy of the said tables be delivered by every judge to their respective bishops, to be preserved in their archives. 3. That every bishop transmit an authentic copy, written on parchment, to the archbishop. In the several dioceses there are tables of fees, different (as it seemeth) in the several charges in proportion to the difference of times wherein they have been established. Those which have in them the purgation fees are probably more ancient than the statute of 13 Charles II., by which statute purgation was abolished; and the older they are the nearer they approach to this standard of Archbishop Whitgift. But, considering the continual and large decrease in the value of money, it is impossible to fix any cer- tain measure which will continue reasonable for any consider- able time, but new standards ought to be fixed at certain periods. [B. E. L.] FEES FOR BAPTISM. These fees, though perhaps in some places still customary and payable, have grown up as the result of an abuse, and are a most unwarrantable exaction of a money payment for holy baptism. By 35 & 36 Victoria, cap. 36, fees for the administration of baptism, or for registration thereof, are declared to be illegal. FELO DE SE. The remains of persons on whom such a verdict had been found are to be buried privately in the parish churchyard without the rites of Christian burial. [See 4 Geo. IV. cap. 52.] FEES (ECCLESIASTICAL) ACT. A table of fees, settled by the Archbishop of Canterbury, the Lord High Chancellor, and the Archbishop of York, in pursuance of the act 30 & 3 1 Victoria, cap. 105, an act authorising the establishment of a table of fees to be taken on the ordination of deacons and priests, and on visitations, submitted to her Majesty's Privy Council under the first section of the said act the 15th day of rEKIA— FIEST-FEUITS. March 1869, and published in the "London Gazette" of the 19th day of that month, provides that fees in each of the under- written cases shall be as follow : — [See P. E. L., pp. 1356 and 1772.] 1. Consecration of a church and burial-ground 2. Consecration of ceme- tery or burial-ground 3. Episcopal or Archidia- conal visitation . . 4. Faculty for alterations in churches or church- yards c3 U u O o o ,-H O 03 .1— I o o £ s. 3 3 220 d. o I I o I U S~i CD 3 O f-i £ s. d. 770 660 O 12 6 3 13 6 «+-! o >^ s. d, I I O I I o u o -+-» •rH ft ;^ S. d. I I O I I o 036 o 10 6 FERIA. A day which is neither observed as a festival or a fast ; a week-day. FERIA GREATER. A class of days including Ash Wed- nesday, the last three days of Holy- Week, and Monday and Tuesday in Easter and Whitsun weeks. FERIA LESSER. A day of w^hich commemoration is made, even though a festival ofhce be said on it. FESTA IN CAPPIS were some grand holy days, on which all the choirs in cathedrals wore caps. FESTIVALS. Those holy days appointed by the Church for the commemoration of some event in the life of Christ, or the virtues and examples of the apostles and saints. FIRST-FRUITS was the value of every spiritual benefice by the year, which the Pope, claiming the disposition of all ecclesiastical livings within Christendom, reserved out of every living. These, together with the tenths (which were the tenth part of such livings paid annually), the Pope claimed as due to himself by divine right ; and this portion or tribute was, by ordinance, yielded to the Pope in the 20 Edward I. ; and a valuation then made of the ecclesiastical livings within this realm, to the end the Pope might know, and be assured, of the yearly revenue. The ecclesiastical livings chargeable with the 2l6 riEST-FRUITS. tenth (wliicli was called spiritual) to the Pope, were not charge- able with the temporal tenths or fifteenths granted to the king in parliament ; and to render the payment of these to the Pope more easy, the popes sometimes granted the same to our kings for certain terms. At the Eeformation these were taken from the Pope and annexed to the crown ; and a valuation was then made of all the ecclesiastical livings, in 26 Henry YIII. ; according to which valuation the first-fruits and tenths still continue to be paid. Vicarages, according to the said valuation (which is recorded in what are now called the king's books), not exceeding ;^io a year, and parsonages not exceeding ten marks, were discharged of first-fruits. And all ecclesiastical benefices with cure of souls, not ex- ceeding ;^5o a year, according to the improved value, were discharged of both first-fruits and tenths. By a statute of Anne these revenues were appropriated to the augmentation of small livings, and from thence have received the name of Queen's Bounty. A statute of Elizabeth ordains, that if an incumbent of a benefice do not live half a year, or is ousted before the year expire, his executors are to pay only a fourth part of the first-fruits ; and if he lives the year and then dies, or be ousted in six months after, but half the first-fruits shall be paid ; if a year and a half, three quarters of them ; and if two years, then the whole ; not otherwise. The archbishops and bishops have four years allowed for the payment, and shall pay one quarter every year, if they live so long upon the bishopric ; other dignitaries in the Church pay theirs in the same manner as rectors and vicars. By a statute of Henry YIIT. no tenths are to be paid for the first year, as then the first-fruits are due ; and by several statutes of Anne, if a benefice be under ^^50 per annum clear yearly value, it shall be discharged of the layment of first-fruits and tenths. — B, L. D. and T. L. D. See 6 Hen. IV. cap. i; 23 Hen. VIII. cap. 20; 25 Hen. VIII. cap. 20; 26 Hen. VIII. cap. 3; 27 Hen. VIII. cap. 8; 28 Hen. VIII. cap. II ; 32 Hen. VIII. cap. 45 ; i Eliz. cap. 4, sec. 29 ; 5 Anne, cap. 24, sess. i; 2 & 3 Anne, cap. 11 ; 2 & 3 Phil, and Mary, cap. 4; 6 Anne, cap. 27; i Geo. I. stat. 2, cap. 10; 3 Geo. I. cap. 10, sec. 4; 43 Geo. III. cap. 107; 36 Geo. IIL cap. 83, sec. 3 ; and i Vict. cap. 20.] The following is the form of a deed of gift of money to be executed by the donor, as the same has been settled and FIRST PEA YEE-BOOK— FONT. 217 generally used since the Mortmain Act of the 9th George 11. cap. 36 : — " This indenture, made the day of , in the year of our Lord , between A. B., of C, in the county of D , of the one part ; and the governors of the bounty of Queen Anne for uxie augmentation of the maintenance of the poor clergy of the other part, Witnesseth that the said A. B. has given and granted, and by these presents doth give and grant, unto the said governors the sum of , to be by them disposed of and laid out for a perpetual augmentation of the (vicarage) of E,, in the county of F., and diocese of G., pursuant to the rules and orders made and estab- lished under the great seal of Great Britain for the disposition of the said bounty. Which said sum of , the said A. B. doth hereby covenant and promise to, and with the said governors, to pay forthwith into the revenue of the said governors, to take effect in possession, for the use and purpose aforesaid, immediately from the making hereof. In witness," &c. Annexed is the form of an instrument now usually executed by the governors when any benefactor desires it : — " Whereas A. B., in the county of D , hath by his deed indented, bearing date the day of last past, and duly attested and inrolled in his Majesty's High Court of Chancery, given and granted unto the governors of the bounty of Queen Anne for the augmentation of the main- tenance of the poor clergy, the sum of £200 for the augmentation of the (vicarage) of E., in the county of F., and diocese of G. ; now the said governors do hereby promise to give the sum of ^200 out of their revenue to be added thereto, the whole to be disposed of and laid out for the perpetual augmentation of the said (vicarage) of E,, pursuant to the rules and orders made and established under the great seal of Great Britain for the distribution of the said bounty. Provided alway, that the said gift and grant be made complete and effectual, according to the statute made in the ninth year of the reign of his late Majesty King George II., in- titled, ' An act to restrain the disposition of lands, whereby the same become unalienable.' In witness whereof the said governors have caused their common seal to be hereunto affixed this day of , in the year of our Lord ." iFIRST PRAYER-BOOK. The prayer-book issued in the reign of Edward YI., by which uniformity of service in the Church of England was first enjoined. FIVE- MILE ACT. An act passed during the reign of Charles II., which enacted that all clergy who had not sub- scribed to the Act of Uniformity should take the oath of non- resistance, and swear not to try to make any alteration in Church or State. Those refusing were not allowed, under a heavy penalty, to come within five miles of any corporate town or any place where they had been ministers. [17 Chas. 11. cap. 2.] FONT. A vessel to contain water for the administration of baptism. Its proper place is near the entrance, porch, or door 2l8 FONTEYEAULT, OEDEE OF. of the "building. In the early Church the fonts were large enough to admit the entire immersion of the person. After the practice of baptizing in rivers, ponds, and fountains had con- tinued for some time. Christians were driven, by persecution and the fear of disturbance, to adopt places of more privacy for the administration of this rite, artificial fountains (or fonts) were therefore erected, and soon came into general use. In after ages these were built in a costly style, and were conse- crated with many ceremonies. Between the nth and 15th centuries, amid the sway of Gothic architecture, fonts and bap- tisteries sprang up everywhere, adorned with all the elegancies of that singularly beautiful style. The font itself was a cistern hewn sometimes from the solid rock, embellished on all sides, by the chisel, with rich bands of foliage and sculptured flowers, and such other delicate ornaments as the taste of the artist might suggest. The buildings in which the fonts were placed were of similar magnificence. At first they were built at some distance from the church, but were afterwards allowed to stand in the porch of the church, intimating that baptism is the entrance into the Church mystical. They were next placed in the church itself, not in every one, but only in the city church where the bishop resided, which was called the * mother church,* because it gave spiritual birth by baptism." Afterwards they were brought inside the country churches, " with this limitation, however, that they should occupy only the lower end." It appears also to have been the custom to place them in a separate part of the building in cathedrals and other spacious churches, where this could conveniently be done. — S. K D. FONTEVRAULT, ORDER OF. E^uns of the order of Fon- tevrault, which was instituted about the latter end of the nth century by one Eobert, surnamed de Arbrissel, at Fontevrault, in Poictiers, where he built an abbey for his followers presently after the year iioo. Though this order (which was a reform of the Benedictine) was chiefly for women, yet beyond sea they had also religious men living amongst them, in diff'erent apart- ments, who were under the government of the abbess, for the founder grounded his model upon our Blessed Saviour recom- mending the Virgin Mary and St. John the Evangelist to each other. And as St. John was to look upon the Blessed Aargin as his mother, the founder directed that the men should acknow- ledge the abbess or prioress of the convent as their superior, and submit to her authority both in spirituals and temporals. And FOECIBLE ENTEY— FEANCISCANS. 219 the abbess of Fontevrault was made tlie general superioress and head of the order. These nuns were brought into England by Eobert Bossu, Earl of Leicester, before the year 1161, and placed at ^N'uneaton in Warwickshire ; but there were only two houses more of this order in England, and there is no express account of any monk in any of them, but only of a prior at Nuneaton. — B. E. L. FORCIBLE ENTRY. By various statutes it was enacted that upon any forcible entry, or forcible detainer after peaceable entry, into any lands or benefices of the Church, a justice of the peace, taking sufficient power of the county, might go to the place and there record the force upon his own view, and upon such conviction might commit the offender to gaol till he made fine and ransom to the king. And, moreover, the justice should have power to summon a jury to try the forcible entry or detainer complained of, and if the same was found by that jury, then, besides the fine on the offender, the justice should make restitution by the sheriff of the possession without inquiry into the merits of the title, for the force was the thing to be tried, punished, and remedied by them, and the same might be clone at the general sessions. But this did not extend to those who had peaceable possession for three years next before. [See 15 Eich. II. cap. 2 ; 8 Hen. YI. cap. 9 ; 3 1 Eliz. cap. 1 1 ; and 2 1 Jas. cap. 15.] FOUNDATION. The founding and building of a college or hospital is called fundatio, quasi fundatio^ or fundamenti locatio. The king only can found a college, but there may be a college in reputation, founded by others. If it cannot appear by inquisition who it was that founded a church or college, it shall be intended it was the king, who has power to found a new church, &c. The king may found and erect an hospital, and give a name to the house, upon the inheritance of another, or licence another person to do it upon his own lands, and the words fundo, creo, &c., are not necessary in every foundation, either of a college or hospital made by the king, but it is suffi- cient if there be words equivalent. — T, L. D. FRANCISCANS. The Franciscans received their rule from St. Francis, an Italian, in the year 1182. They were also called Grey or Minor Friars, the one from their grey clothing, the other name they assumed out of pretended humility. They girded themselves with cords, and went barefooted. The gene- ral opinion is that they came into England in the year 1224, and had their first house at Canterbury, and their second at 220 FEANKALMOIGK London. A relaxation having by degrees crept into this order, it was thought fit to reform and reduce it to its first rule and institution. Those that continued under the relaxation were called Conventuals, and such as accepted the reformation of their order were called Observants or Kecollects. This reforma- tion was begun by St. Bernard or Bernardin about the year 1400. King Edward lY. is commonly said to have brought them into England, but there is no certain account of their being here till King Henry VII. built two or three houses for them. At the dissolution the Conventual Franciscans had about fifty-five houses, which were under seven custodies or wardenships, viz., those of London, York, Cambridge, Bristol, Oxford, ISTewcastle, and Worcester. — B. E. L. FRANKALMOIG-N {Libera eleemosyna^ free alms). A tenure by spiritual service, where an ecclesiastical corporation held land to them and their successors of some lord and his heirs in free and perpetual alms. And perpetual supposes it to be a fee simple, though it may pass without the word successors. A lay person could not hold in free alms, and when a grant was in frankalmoign no mention was to be made of any manner of service. JS'one could hold in frankalmoign but by prescription, or by force of some grant made before the statute of Mortmain, so that the tenure could not be created to hold of a founder and his heirs in free alms ; but the sovereign was not restrained by the statutes, nor a subject licenced or dispensed with by the sovereign to make such a grant, &c. And if an ecclesiastical person held lands by fealty and certain rent, the lord might at one time confirm his estate, to hold to him and his successors in frankalmoign, for the former services were extinct, and nothing was reserved but that he should hold of him which he did before ; whereby this change and alteration was not within statute 18 Edward 1. of quia emptores terrarum. The service which ecclesiastical corporations were bound to render for lands held in frankalmoign was not certainly defined but only in general, to pray for the souls of the donor and his heirs, dead or alive ; and therefore they did no fealty (which was incident to all other services but this), because this divine service was of a higher and more exalted nature. This was the tenure by which almost all the ancient monas- teries and religious houses held their lands, and by which the parochial clergy and very many ecclesiastical and eleemosynary foundations hold them to this day, the nature of the service being, upon the Eefomiation, altered and made conformable to FKEE CHAPELS. 221 the doctrines of the Church of England. It was an old Saxon tenure, and continued under the Norman revolution, from the respect then shown to religion and religious men ; which was also the reason that tenants in frankalmoign were discharged of all other services except those of repairing the highways, build- ing castles, and repelling invasions. This was a tenure of a nature very distinct from all others, being not in the least feodal, but merely spiritual. For this reason, if any person holding lands or tenements in frankalmoign made any failure in doing such divine service as they ought, the lord might make complaint of it to the ordinary or visitor, Avhich was the king, if he was founder, or a subject where he was appointed visitor upon the foundation, and the ordinary, &c., might punish the negligence according to the ecclesiastical laws. This particular tenure in frankalmoign materially differed from what was called tenure by divine service, in which tenants were obliged to do some special divine services in certain ; as to sing so many masses, to distribute such a sum in alms, and the like, which, being expressly defined and prescribed, could wath no kind of propriety be called free alms, especially as for this, if unperformed, the lord might distrain without any com- plaint to the visitor. — T, L. D. [See 7 Edw. I. stat. 2; 18 Edw. L stat. I, cap. 3 ; 24 Hen. VIIL cap. 12, sec. 54; and 12 Chas. II. cap. 24, sec. 7.] FEE£ CHAPELS. These were places of religious worship exempt from all jurisdiction of the ordinary, save only that the incumbents were generally instituted by the bishop and inducted by the archdeacon of the place. Most of these chapels were built upon the manors and ancient demesnes of the crown, whilst in the king's hands, for the use of himself and retinue when he came to reside there. And when the crown parted with those estates the chapels went along with them, and returned their first freedom ; but some lords having had free chapels in manors that do not appear to have been ancient demesne of the crown, such are thought to have been built, and privileged by grant from the crown. — B. E. L. FREEHOLD OF THE CHURCH AND CHURCHYARD. In the case of Walter v. Montague and Lamprell, it was decided that the freehold of the church and churchyard, except so far as it may be otherwise provided by the endowment in the case of a vicarage, is in the rector, whether lay or spiritual ; but the possession of the whole church, including the chancel — for there 222 FREE SEATS— FEIDSTOLE. is no difference in this respect between the chancel and the rest of the church and of the churchyard — is in the incumbent, whether he be rector, vicar, or perpetual curate. By sec. 13, 8 & 9 Victoria, the freehold of the site of every church which the Ecclesiastical Commissioners may have accepted, or shall accept, is, after consecration, vested in the incumbent of such church, and the freehold of the churchyard is similarly vested. — P. G. (7., pp. 71 and 72. [See also Burials Act.] FREE SEATS. 58 George III. cap. 45, provided that if any church or chapel were enlarged by money borrowed on the credit of the church-rates, half the additional accommodation was to be allotted to unenclosed or free seats. Free seats of not less than one quarter the whole number were to be reserved in churches wherein the bishop might direct a third service, with sermon, to be given every Sunday. Before the consecration of any church built either wholly or in part of rates, free seats to the amount of one-fifth of the whole were to be set apart for the use of the poor. By 58 George lY. cap. 36, free seats for the poor were to be set apart in other churches built by subscribers. FEIAE (Ld,\j. frater ; It. f rate or/ra, a brother). An appel- lation common to monks of every order, but particularly applied to those of the mendicant orders, of which the principal were the four following : — i. Franciscans, minors, or grey friars ; 2. Augustines ; 3. Dominicans or black friars ; 4. Carmelites or white friars. The name was restricted to such monks as were not priests, the latter being usually dignified with the appella- tion of father. FRIAEIES. Friaries were houses erected for the habitation of friars j they were very seldom endowed, yet many of them were large and stately buildings and had noble churches, in which many great persons chose to be buried. Friars were by their profession mendicants, and were to have no property, but most of their houses had some shops and gardens belonging to them.— P. E. L. FRIAR-OBSERVANT {frater ohservans). A branch of the Franciscan friars, who were minors, as well as the conventuals and Capuchins. They were called observants because they were not combined together in any cloister, convent, or corporation, as the conventuals were, but tied themselves to observe the rules of their order more strictly than the conventuals, and upon a singularity of zeal separated themselves from them, living in certain places of their own choosing. — T. L. D. FRIDSTOLE. In England, anciently, there were in some FEOCK— GANG- WEEK. 223 churches, as at Hexham and Beverley, certain stone seats near the altar to which extraordinary privileges of sanctuary were attached, viz., that any criminal escaping thither should enjoy his life and liberty. Such a seat was termed the fridstole or freed-stool. FROCK. A tunic of coarse cloth, with rather wide sleeves, long, full, and girded round the loins with a rope or a leather belt. The frock is the principal dress of a monk ; sometimes the caputium or cowl forms a part of the frock itself, but perhaps they are more frequently distinct. FRONTAL or ANTEPENDIUM. The hangings or panel in front of an altar. Of these there were three kinds : — i. Of ]Drecious metals, adorned with enamels and jewels ; 2. Of wood, painted, gilt, embossed, and often set with crystals ; 3. Of cloth of gold, velvet, or silk embroidered, and occasionally enriched with pearls. FULMINATION. In the Eomish canon law, a sentence of a bishop, official, or other ecclesiastic appointed by the Pope, whereby it is decreed that some bull sent from the Pope shall be executed. Fulmination is the same thing with the verification or recognition of a letter, or instrument of a prince in a lay court. Fulmination is also used for the denunciation or execution of a sentence of anathema, made in public with due solemnity. In fulminating anathemas, the bishop who pronounces sen- tence is to be clothed in his episcopalia. — E. C. C. FUNERAL CHARGES. The executor or administrator must bury the deceased in a manner suitable to the estate he leaves behind him. Funeral expenses, according to the degree and quality of the deceased, are to be allowed before all other debts and charges ; but if the personal representative be guilty of extravagance, it is a species of devastavit^ which shall only be prejudicial to himself, and not to the creditors or legatees. In strictness, no funeral expenses are allowable against a creditor except for the coffin, ringing the bell, parson, clerk, and bearers' fees ; but not for pall or ornaments. — T, L, D, a GALILEE. A kind of inner porch in cathedrals where penitents and excommunicated persons sat, previous to their admission, on Ash Wednesday. — S. E. D, GANG-WEEK. A term applied, in some parts of England, 2 24 GENEEALE— GILBEETmES. to Eogation-Week, when processions are made around the boundaries of parishes. GENEEALE. The single commons or ordinary provision in the religious houses, being their general allowance, distinguished from their pietantice, which were pittances added on extraor- dinary occasions. GENEEATIO. When an old abbey or religious house had spread itself into many colonies or depending cells, that issue or offspring of the mother monastery was called generatio. GENTLEMEN OF THE CHAPEL ROYAL. The lay singers of the royal chapel, whose duty it is to perform with the priest the choral service there. GEOEGE (ST. ). A noble Cappadocian and tribune of soldiers under Diocletian, and by him martyred for his constancy in the Christian faith. When Eobert, Duke of Normandy, son of William the Conqueror, was besieging Antioch, and an army of Saracens was about to relieve it, St. George [in spirit] appeared with an innumerable army coming down the hills, all in white, with a red cross in his banner, to reinforce the Christians, upon which the infidels fled. On this account St. George became not only the patron saint of England, but of Christianity itself ; but, even long before, Justinian had erected a church in honour of him at Lydda. The legend of his having killed a fierce dragon and rescued the king's daughter, a virtuous and beautiful virgin, is the origin of his being pictured like a warlike knight, with a dragon at his horse's feet. GESTUEES IN DIVINE SEEVIOE. External expressions of reverence, as kneeling in prayer, standing to sing praise, turning toward the east or the altar when saying the Creeds, bowinsc the head at the name of Jesus, and at the Glorias. GILBEETINES. The Sempringham or Gilbertine canons were instituted by St. Gilbert at Sempringham, in Lincolnshire, in the year 1148. He composed his rule out of those of St. Austin and St. Benedict (the women following the Cistercian regulation of St. Benedict's rule, and the men the rule of St. Austin), with some special statutes of their own. The men and women lived in the same house, but in such different apart- ments that they had no communication with each other, and increased so fast that St. Gilbert himself founded thirteen monasteries of the order, viz., four for men alone, and nine for men and women together, which had in them 700 brethren and 1500 sisters. At the dissolution there were about twenty-five houses of this order in England and Wales. — JB. E. L. GILDING OF CHURCHES— GLEBE. 225 GILDING OF CHURCHES. Ornamentation of the roof, walls, and pillars, &c., of the church, a practice carried out very extensively in some of the ancient churches. GIRDLE. The cord girding the alb, usually of white cotton three yards in length. GLEBE (gleha). Church land ; most commonly the land be- longing to a parish church, besides the tithes. Every church by common right was at one time entitled to house and glebe. And the assigning of these at the first was of such absolute necessity that without them no church could be consecrated. If any parson, vicar, &c., caused any of his glebe land to be manured and sown at his own cost, with any corn or grain, he might devise all the profits and corn grow- ing upon the said glebe by will, under 28 Henry YIII. cap. II. And if a parson sowed his glebe and died, the executors were to have the corn sown by the testator. But if the glebe were in the hand of a tenant, and the parson died after severance of the corn, and before his rent was due, it was said neither the parson's executors nor the successor could claim the rent, but the tenant might retain it and also the crop, unless there was a special covenant for the payment to the parson's executors pro- portionably, &c. 11 George II. cap. 19, sec. 15, gives right of action to the representative of a tenant for life, for any portion of rent in arrear at the time of his death. By the stat. 28 Henry YIII. cap. 11, every successor, on a month's warning after induction, was to have the mansion house and the glebe belonging thereto, not sown at the time of the predecessor's death. He who was instituted might enter into the glebe land before induction, and had right to have it against any stranger. Prohibition was moved against a parson for digging new coal- mines in his glebe, and also for felling trees ; for it is waste, and prohibited by the statute de non prosternendo arhores^ &c. The court held it did not apply to the mines ; otherwise no mines in the glebe could ever be opened. — L. D, [See 21 Hen. YIII. cap. 13, sees. 1-8; 28 Hen. YIII. cap. 11, sec. 6; 43 Geo. III. cap. 108; 51 Geo. III. cap. 115; 52 Geo. III. cap. 161, sec. 27; 5 & 6 Yict. cap. 54, sec. 5 ; 55 Geo. III. cap. 147; 56 Geo. III. cap. 52; i Geo. lY. cap. 6 ; 6 Geo. lY. cap. 8 ; 7 Geo. lY. cap. 77, sec. 33; 4 & 5 Will. lY., cap. 30; i & 2 Yict. cap. 106, sec. 17; 22 Chas. II. cap. 11, sec. 75; 59 Geo. III. cap. 134, sees. 8 & 9 ; and 9 & 10 Yict. cap. 73, sec. 22.] p 22 6 GLEBE HOUSES AXD LANDS— GLOEIA PATEL GLEBE HOUSES AND LANDS, EXCHANGE OF. Form of Indenture — " This indenture made the day of in the year , between A. B. of , of the one part, and 0. D. of , of the other part, Witnesseth, that in pursuance and under the authority of an act passed in the year of the reign of his Majesty King William IV., intituled [here set forth the title of this act], the said A. B. doth grant and convey all the land comprised in the first schedule hereunder written, marked with the letter A., unto the said 0. D., in lieu of and in exchange for the land comprised in the second schedule hereunder written, marked with the letter B. , to the end and intent that the land comprised in the first schedule may be held and enjoyed by the said C. D. and the person or persons who for the time being shall be entitled thereto, and be and become subject to such and the same uses, trusts, powers, conditions, limitations, restrictions, charges, and incumbrances as the land comprised in the second schedule now is, or may be, subject or liable to ; and this indenture further witnesseth that, in pursuance of the said act, the said C. D. doth grant and convey all the land comprised in the second schedule hereunder written, marked with the letter B., unto the said A. B., in lieu of and in exchange for the land comprised in the first schedule hereunder written, marked with the letter A., to the end and intent that the land comprised in the second schedule may be held and enjoyed by the said A. B. and the person or persons who, for the time beings shall be entitled thereto, and be, and become subject to, such and the same uses, trusts, powers, conditions, limitations, restrictions, charges, and incumbrances, as the land comprised in the first schedule now is or may be subject or liable to. In witness," &c. Schedule A., containing the land conveyed by A. B. to C. D. Schedule B., containing the land copv^eyed by C. D. to A. B. Witness. E. F. A. B. (L. S) a H. C. D. (L. S). GLORIA PATRI, in the liturgy, a formula of words repeated at the end of each psalm, and on other occasions to give glory to the holy Trinity ; called also the doxology. It is so denominated because it begins in the Latin office with these words, Gloria Fatri, &c.. Glory be to the Father, &c. Pope Damasus is commonly held to have first ordered the rehearsal, or rather singing, of the Gloria Patri at the ends of psalms. Baronius, indeed, will have it to have been used in the times of the apostles ; but its use then he allows to have been more obscure ; and that it did not become popular till after the rise of Arianism, when it was made a kind of symbol of orthodoxy. The fifth canon of the council of Yaison, held in 529, decrees that the name of the Pope shall always be rehearsed in the churches of France, and after the Gloria Patri shall be added sicut erat in ;princi;pio, as is done at Rome, in Africa, &c., on GLOEY BE TO THEE— GOLDEN NUMBER 227 account of the heretics, who say that the Son of God had His beginning. in time." Gloria in Excelsis is also a kind of hymn rehearsed m divine service, beginning with the words Gloria in excelsis Deo, et in terra pax hominibus, &c., Glory be to God on high, on earth peace, Szc.—K C. C. [See also B. D. D. H, T.] GLORY BE TO THEE, 0 LORD. The words usually said or sung after the reading of the Gospel in the morning service. GOD-BOARD. A name sometimes given to the holy table or altar. GOD-BOTE (Saxon). An ecclesiastical or church fine, paid for crimes and offences committed against God. — T. L. D. GODFATHERS AND GODMOTHERS. They who become sponsors for children at the baptismal font. This custom of godfathers or sponsors is very ancient in the Church, as we find them mentioned by Tertullian, St. Chrysostom, and St. Augustine. Eubric : " There shall be for every male child to be baptized two godfathers and one godmother ; and for every female, one godfather and two godmothers." Canon 29 : "No person shall be urged to be present, or be admitted to answer as godfather for his own child ; nor shall any godfather or godmother be suffered to make any other answer or speech than by the Book of Common Prayer is pre- scribed in that behalf. Neither shall any person be admitted godfather or godmother to any child at christening or confirma- tion before the said person so undertaking hath received the holy communion." Eubric : " And the godfathers and godmothers, and the people with the children, must be ready at the font either immediately after the last lesson at morning prayer or else immediately after the last lesson at evening prayer, as the curate by his discretion shall appoint." GOD-GILD (Saxon). That which is offered to God or His service. — T. L. D. GOLDEN BULL. Any pontifical bull sealed with gold. Also the ordinance of Charles lY. to regulate the ceremonial of the empire. [See Seal.] GOLDEN NUMBER. In the astronomical tables at the beginning of the Prayer-Book the number which shows the year of the moon's cycle. To find the golden number add one to the year of our Lord and then divide by 19, the remainder, if any, is the golden number ; but if nothing remain then 19 is the golden number. [See Book of Common Prayer.] 228 GOOD FEIDAY— GOODS AXD OEXAMENTS. GOOD FRIDAY. The Friday before Easter Sunday. The day when the Church commemorates the sufferings and death of our Saviour on the cross. [See 27 Hen. VI. cap. 5 ; 39 & 40 Geo. III. cap. 42 ; 7 & 8 Geo. IV. cap. 15.] GOODS AND ORNAMENTS IN GENERAL. By i Eliza- beth, cap. 2, it was ordained that such ornaments of the church and of the ministers thereof shall be retained and be in use, as were in the Church of England, by authority of parliament in the second year of the reign of Edward VI., until other order should be taken by the authority of the queen, with the advice of the commissioners appointed and authorised under the great seal of England for causes ecclesiastical, or of the metropolitan of this realm. Pursuant to this clause the queen, in the third year of her reign, granted a commission to the Archbishop, Eishop of London, and other bishops, to reform the disorders of chancels, and add to the ornaments of them by ordering the commandments to be placed at the east end. It was the duty of the archdeacons to see that the cloths of the altar were decent and in good order, and that the church had fit books both for singing and reading, and at least two sacerdotal vestments. There are many other articles for which no provision is made by any special law, and they must therefore be referred to the general power of the churchwardens, with the consent of the greater part of the parishioners as aforesaid, and under the direction of the ordinary ; such as the erecting of galleries, adding new bells, salaries to the ringers, organs, clock, chimes, king's arms, pulpit cloth, hearse cloth, rushes or mats, vestry furniture, and suchlike. There are also besides these, by an ancient constitution of Archbishop Winchelsea, divers other particulars enjoined to be found at the charge of the parish, which since the Eeformation have become for the most part obsolete ; but nevertheless, as they frequently occur in the books, it may be proper not to pass them altogether unnoticed. The constitution is thus : The parishioners shall find at their own charge these several things following : — a legend, an antiphonar, a grail, a psalter, a troper, an ordinal, a missal, a manual, the principal vestment with a chesible, a dalmatic, a tunic, with a choral cope, and all its appendages, a frontal for the great altar, three towels, three vsurplices, one rochet, a cross for processions, cross for the dead, a censer, a lantern, a hand-bell, to be carried before the body of Christ in the visitation of the sick, a pyx for the body of Christ, a decent veil for Lent, banners for the rogations, a vessel for the GOSPELLER— GKAAL, HOLY. 229 blessed water, an osculatory, a candlestick for the taper at Easter, a font with a lock and key, the images in the church, the chief image in the chancel, the reparation of the body of the church within and without, as well in the images as in the glass windows, the reparation of books and vestments whenever they shall need. — E. L, GOSPELLEBr. The priest who in the Communion Service reads the Gospel, standing at the north side of the altar. In some cathedrals one of the clergy is so designated, and has this special duty among others to perform. By the 24th canon, in cathedral and collegiate churches, a gospeller (as well as an epistoler) is to assist the priest, vested in a cope. Gospellers are statutable members of the several cathedrals of the new foundation, and an officer so called still officiates at Durham, though the office has generally fallen into desuetude; and, contrary to the ancient universal usage of the Church, even when many priests and deacons are present, it is usual for but two ministers to attend at the first part of the Communion Service : the princi- pal minister reading the Gospel. Strictly speaking, the deacon is the minister for the Gospel ; since, in the ordering of deacons, authority is given them to read the "Word of God." — H. C, D, GOSPEL LIGHTS. The candles which were lit at the read- ing of the Holy Gospel at high mass. GOSPEL OF THE DAY. The portion of the Holy Gospel in the Ante-Communion Office. GOSPEL SIDE. That side of the altar at which the Holy Gospel is read, viz., the north side ; it being understood that the chancel is at the east end of the church. GOSSIP. A sponsor for an infant in baptism ; from God, and sih^ a Saxon word which signifies kindred or affinity — kin in God.— E. D. GOTHIC. A general term for that style of mediaeval architec- ture of which the pointed arch is the most prominent character. The styles, with their dates, may be roughly stated as follows : — KOMANESQUE. GOTHIC. Saxon 1066 Early English T 190-1245 Norman 1 066- 1 145 Geometrical 1245-13 15 Transition I145-I190 Decorated 1315-1360 Perpendicular 1 3 60- 15 50 GOWN. A long black robe worn by many clergymen as a preaching vestment. GEAAL, HOLY. The chalice said to have been used at the institution of the blessed sacrament. — E, D, 230 GRACE— GEANGEAEIUS. GRACE. Grace is sometimes used for a faculty, licence, or di^ pensation ; but this seems to be only in case where the matte proceedeth as it were ex gratia^ of grace and favour; and not wher 1 the licence or dispensation is granted of course or of necessity. GEADATORY. The steps from the cloisters leading int( the church. | GRADUAL, GRADALE, or GREYLE. In the Eomisl Church, j)roperly, a sentence in the Communion Office, sung after the Epistle. But the term, in its usual signification, notlj only includes the sentence called the gradual, but also all the other parts of the office of the Holy Eucharist which were sung, viz., Asperges, Introit, Kyrie Eleison, Gloria in Excelsis, Hallelujah, Tract, Sequence, Creed, Offertory, Sanctus, Agnus Dei, &c. The name indicates that some of these anthems were chanted from the steps of the chancel or ambon. — >S^. E, D, GRADUS. The ambo or part of the church where the Gospel was sung and the Holy Scriptures were read. Also holy orders and the degrees of relationship. GRAIL {gradale). Strictly taken, this signified that which was sung gradatwi after the Epistle ; but here it is to be under- \ stood as the whole book which contained all that was to - be sung by the choir at high mass, the Tracts, Sequences, ' Hallelujahs, the Creed, Offertory, Trisagium, and the rest, as also the office for sprinkling the holy water. — B, E. L. ^ GRANDMONTINES. The order of Grandmont was insti- ■ tuted at Grandmont in Limosin, in Erance, about the year 1076, by Stephen, a gentleman of Auvergne. The monks of it lived under the rule of St. Benedict with some little variation. They were brought into England in the reign of King Henry I., and seated at Abberbury in Shropshire, besides which it does not appear that there were more than two other houses of this order in England, viz., Cressewel in Hampshire, and Grosmont or Eskedale in Yorkshire. — B. E. L, GRANGE (grangia). A house or farm where corn is laid up in barns, granaries, &c., and provided with stables for horses, ^ stalls for oxen, and other things necessary for husbandry. According to Wharton, " grange " is strictly and properly the farm of a monastery, where the religious deposited their corn. (Grangia, Lat. from granum.) But in Lincolnshire and other northern counties they call every lone house or farm which stands solitary a grange. — T, L, D, GRANGEARIUS. The person who had the care of a grange for corn and husbandry. There was anciently a granger or GEEAT ALTAE— GUAEDIAK grange-keeper belonging to religious houses who was to look over the granges or farms in their own hands. GREAT ALTAR. The altar honour of the saint to whom the church was dedicated, which was wont to be placed in the choir. — B. E. L. GREATER ANTIPHONS. Anthems sung before and after the Magnificat during the last nine days of Advent. GREAT TITHES. The tithes of corn, hay, peas, beans, tares, or the fruits of the trees and orchards. [See P. E. L., p. 1485.] GREGORIAN TONES. Certain very ancient melodies used for the chanting of the Psalms. They derive the name of Gre- gorian from St. Gregory, Bishop of Eome in the 7th century, who reformed the music of the Church so thoroughly that almost all ancient church music, being arranged after his rules, has been called by his name. — >S^. E. D, GUARDIAN ANGELS. The term expressive of the pious belief of all ages, that an angel is assigned to each person at bap- tism as a guide to good and a guardian from evil. GUARDIAN OF THE SPIRITUALITIES. The person or body to whom the spiritual jurisdiction of any diocese is com- mitted during the vacancy of the see is called by this name. The archbishop is guardian of the spiritualities on the vacancy of any see within his province ; but when the archiepiscopal see is vacant, the dean and chapter of the archbishop's diocese are guardians of the spiritualities, viz., the spiritual jurisdiction of his province and diocese is committed to them. The guardian of the spiritualities, it is said, may be either guardian in law, jure magistratus, as the archbishop is of any diocese in his pro- vince, or guardian by delegation, being he whom the archbishop or vicar-general doth for the time appoint. The guardian of the spiritualities hath all manner of ecclesiastical jurisdiction of the courts, power of granting licences and dispensations, probate of wills, &c., during the vacancy, and of admitting and instituting clerks presented ; but such guardians cannot, as such, consecrate or ordain, or present to any benefices. — T. L, D, [See stat. 13 Eliz. cap. 12.] GUARDIAN OF THE TEMPORALITIES. The person to whose custody a vacant see or abbey was committed by the king, who, as steward of the goods and profits, was to give an account to the escheator, as he into the Exchequer. His trust continued till the vacancy was supplied and the successor ob- tained the king's writ de restitutione terrvporalium, which was usually after consecration. — jT. L. D. 232 GUILD— HAGIOSCOPE. ' GUILD. A voluntary association for religious or other pur- poses, dating from Anglo-Saxon times. GUILD-HALL, A place for the meeting of guilds. GUILD-RENTS. Eents payable to the crown by any guild or fraternity, or such rents as formerly belonged to religious guilds, and came to the crown at the general dissolution of monasteries, being ordered to be sold by stat. 22 Charles 11. cap. 6. — T. L. D. • GURGOYLE. In Gothic architecture a spout to carry off rain water. It is generally carved in a fantastic shape. GYROVAGI. Wandering monks who, pretending great piety, left their own cloisters and visited others. — T, L, D, H HABILITATI. The minor canons or chaplains in cathedral or collegiate churches. H-ffiRETICO COMBURENDO was a writ that lay against a heretic, whereby the person convicted of heresy was delivered over to the secular power ; and upon certificate of such convic- tion into the Court of Chancery this writ was issued to burn the offender. And this law continued till the latter end of the reign of King Charles II., when the writ commonly called Breve de hoere- tico coinhurendo, with all proceedings thereupon, and all punish- ment by death in pursuance of any ecclesiastical censures, was utterly taken aw^ay and abolished, provided that such abolition should not take away or abridge the ecclesiastical jurisdiction of the archbishops, bishops, or any other judges of any eccle- siastical courts in cases of atheism, blasphemy, heresy, or schism, and other damnable dootrines and opinions ; so that they might proceed to punish them by excommunication, deprivation, degra- dation, and other ecclesiastical censures not extending to death, as they might have done before. — B, L, D, [See i & 2 Philip and Mary, cap. 6; 29 Chas. II. cap. 9.] HAGA (Saxon, mansio). A house in a city or borough. An ancient anonymous author expounds haga to be a house and shop, domus cum shojpa ; and in a book which belonged to the abbey of St. Austin, in Canterbury, mention is made of hag an monacMs^ &c. — T. L, D, HAGIOSCOPE. In church architecture a contrivance by which an altar may be seen from certain positions inside or outside of a church from which it would otherwise be hidden. This is HALLOWEEN— HEBDOMAD AEY. done by perforating the wall, or notching the side of a pier or other intervening object. — S. E, D. HALLOWEEN. The eve of All Saints' Day. HALYMOTE. A holy or ecclesiastical court. So lioly verh- folk (holy workfolk) were tenants who held their lands by the service of keeping in repair an aisle in a church, a sepulchre, or the like.— ^. L. D. HALYWERCFOLK anciently signified such persons of the province of Durham as held lands on condition of defending the corpse of St. Cuthbert, and who hereupon claimed the privilege not to be forced to go out of the bishopric either by king or bishop. HAMMEE BEAM. Used chiefly in churches of a Gothic style ; a tie-beam at the foot of a pair of rafters, but not extend- ing so as to connect the opposite sides. HAMPTON COURT CONFERENCE. A conference held at Hampton Court in the first year of the reign of James I. to settle disputes between the Church and the Puritans. The Puritans were so exacting in their demands that no agreement could be arrived at. The conference was abruptly broken up. [See B. A. B. C. P.] HEALING, SERVICE FOR. A religious ceremony was ob- served from the time of Henry YII. to Queen Anne for the sup- posed cure of scrofula, or, as it was formerly called, king's evil, by the royal touch ; the tradition being that the kings of England and France had this power, derived from Edward the Confessor. The earliest form on record is that used by Henry YIL, in Latin. This was used by Henry YIIL, omitting mention of the saints and the Virgin Mary. In the reign of Charles I. the service was alto- gether in English, and in the shape in which it was republished with slight alterations in the reign of Queen Anne. — S, E, Z>. HEARTH MONEY. A tax established by 13 & 14 Charles XL cap. 10, whereby a hereditary revenue of 2s. for every hearth in all houses paying the church and poor rates was granted to the king. It was abolished upon the Ke volution. — T, L, D, [See I Will, and Mary, stat. i, cap. 10.] HEBDOMADARY, HEBDOMADARIUS, or HEBDOMA- DIUS. A member of a chapter or convent whose week it was to officiate in the choir, rehearse the anthems and prayers, and perform the usual functions which superiors perform at solemn feasts and on other extraordinary occasions. The hebdomadary generally collated to the benefices which became vacant during his week, though this was usually looked on as an abuse. 234 HEBDOMADIUS— HIGH AND LOW CHUECH. In cathedrals the hebdomadary was a canon or prehendary Avho had the peculiar care of the choir and the inspection of the officers for his week. In monasteries the hebdomadary was he who waited at table for a week or other stated period, directing and assisting the cook, &c. In church antiquity we meet with nine different sorts of heb- domadaries, viz., the hehdomadarius cantor, or hebdomadary chanter ; hehdomadarius cliori, hebdomadary of the choir : which two were really the same, viz., he who led or conducted the public service ; hebdomadary of the kitchen, hehdomadarius coquinoe; hebdomadary of the defunct or the dead, hehdomadarius defundorum, he who took care of the office and service of the dead ; hehdomadarius invHatorii, he who sung the invitatory ; hehdomadarius lector ad mensam, he who read at meal-time ; hehdomadarius majoris missce, he who read mass ; hehdoma- darius ^psalterii, who probably was the same with the hehdoma- darius chori ; and hehdomadarius sacri altaris, who might be the same with hebdomadary of the high mass. — B. L. D. HEBDOMADIUS. The week's man, canon, or prebendary in the cathedral church, who had the care of the choir, and the officers belonging to it, for his own week. — T. L. D. HEREFOED USE. One of the great uses of divine service which formerly obtained in England. Though resembling the uses of Sarum and York, it differed in the prayers of oblation and of the communion of the priest. [See 2 & 3 Edw. YI. cap. i.] HERIOT (in the Saxon heregeat, from here, an army, and geat, a march or expedition) was first paid in arms and horses to the lord of the see. It was the practice also to have a heriot paid to the parish priest, which was commonly the best or second best horse of the deceased, led before the corpse, and delivered at the place of sepulchre. And this was in the name of a mortuary or corpse present ; and so it was enjoined by a constitution of Archbishop Winchelsea, that if a person at the time of his death had two or more cattle, &c., the first best should be given to him to whom it was due (that is, to the lord of the see), and the second best should be reserved to the church where the deceased person received the sacraments whilst he lived. — B. K L. HEEMITAGES. Hermitages were religious cells erected in private and solitary places for single persons or communities, often endowed, and sometimes annexed to larger religious houses.— 5. E. L. [See B. D, D. H. T.] HIGH AND LOW CHURCH. About the end of the reign IIOLY-DAYS. 235 of William III. certain discussions which took place caused the Church to be divided into two sections, which have ever since been known as High and Low Church. [See Hallam's "History of England."] HOLY-DAYS. Among the earliest means adopted by the Church for the purpose of impressing on the minds of her children the great and interesting scenes of the Gospel history, and the extraordinary events which marked the first planting of Christianity, was the appointment of a series of anniversaries and holy-days with appropriate services, commemorative of all the prominent transactions of our Eedeemer's life and death, and of the labours and virtues of the blessed apostles and evangelists. These institutions, so replete with hallowed associations, have descended to our own day, and the observ- ance of them is commended by the assent of every discerning and unprejudiced mind, is sustained by the very constitution of our nature, which loves to preserve the annual memory of important events, and is in the highest degree reasonable, delightful, profitable, and devout. — S, E. D. The rubric after the Nicene Creed directs that " the curate shall then declare to the people what holy-days or fasting-days are in the week following to be observed." Canon 64 : "Every parson, vicar, or curate shall, in his several charge, declare to the people every Sunday, at the time appointed in the Communion Book, whether there be any holy -days or fast- ing-days the week following. And if any do hereafter willingly ofi'end herein, and, being once admonished thereof by his ordi- nary, shall again omit that duty, let him be censured according to law until he submit himself to the due performance of it." Canon 13 : " All manner of persons within the Church of England shall from henceforth celebrate and keep the Lord's- day, commonly called Sunday, and other holy-days, according to God's will and pleasure, and the orders of the Church of England prescribed on that behalf : that is, in hearing the Word of God read and taught, in private and public prayers, in acknowledging their ofi'ences to God, and amendment of the same, in reconciling themselves charitably to their neighbours where displeasure has often been, in oftentimes receiving the communion of the body and blood of Christ, in visiting of the poor and sick, using all godly and sober conversation." Canon 14 : "The common prayer shall be said or sung dis- tinctly and reverently upon such days as are appointed to be kept holy by the Book of Common Prayer, and their eves." — 236 HOLY-DAYS, ENACTMENTS CONCEKNIXG. S. E, D. and H. C. D. [See 5 & 6 Edw. YI. cap. 3 ; 2^3 Edw. YI. cap. 19 ; 5 Eliz. cap. 8 ; rubric before Common Prayer, and Canon 72.] HOLY-DAYS, ENACTMENTS CONCERNING. By 5 & 6 Edward YI. cap. 3, entitled An act for the keeping of holy- days and fasting-days," it was enacted that, I. " Forasmuch as at all times men be not so mindful to laud and praise God, so ready to resort and hear God's Holy Word, and to come to the Holy Communion and other laudable rites, which are to be observed in every Christian corporation, as their bounden duty doth require ; therefore, to call men to remembrance of their duty, and to help their infirmity, it hath been wholesomely provided that there should be some certain times and days appointed wherein the Christians should cease from all kind of labours, and should apply themselves only and wholly unto the aforesaid holy works, properly pertaining unto true religion ; that is, to hear, to learn and remember Almighty God's great benefits. His manifold mercies, His inestimable gracious goodness, so plen- teously poured upon all His creatures, and that of His infinite and unspeakable goodness, without any man's desert ; and in remembrance hereof, to render unto Him most high and hearty thanks, with prayers and supplications for the relief of all our daily necessities ; and because these be the chief and principal works wherein man is commanded to worship God, and do pro- perly pertain unto the first table ; therefore, as these works are most commonly, and also may well be called God's service, so the times appointed specially for the same are called holy-days ; not for the matter and nature either of the time or day, nor for any of the saints' sake, whose memories are had on those days (for so all days and times considered are God's creatures, and all of like holiness), but for the nature and condition of those godly and holy works, wherewith only God is to be honoured, and the congregation to be edified, whereunto such times and days are sanctified and hallowed, that is to say, separated from all profane uses, and dedicated and appointed, not unto any saint or creature, but only unto God and His true worship ; neither is it to be thought that there is any certain time or definite number of days prescribed in Holy Scripture, but that the appointment both of the time and also of the number of the days is left by the authority of God's Word to the liberty of Christ's Church, to be determined and assigned orderly in every country, by the dis- cretion of the rulers and ministers thereof, as they shall judge most expedient to the true setting forth of God's glory, and the HOLY OIL— HOLY SEPULCHRE. 237 edification of their people ; be it therefore enacted by the king, our sovereign lord, with the assent of the lords spiritual and temporal, and the commons, in the present parliament assembled, and by the authority of the same, that all the days hereafter mentioned shall be kept and commanded to be kept holy-days, and none other ; that is to say, all Sundays in the year, the days of the Feast of the Circumcision of our Lord Jesus Christ, of the Epiphany, of the Purification of the Blessed Virgin, of St. Matthie the Apostle, of the Annunciation of the Blessed Virgin, of St. Mark the Evangelist, of SS. Philip and Jacob the Apostles, of the Ascension of our Lord Jesus Christ, of the Nativity of St. John Baptist, of St. Peter the Apostle, of St. James the Apostle, of St. Bartholomew the Apostle, of St. Matthew the Apostle, of St. Michael the Archangel, of St. Luke the Evangelist, of SS. Simon and Jude the Apostles, of All Saints, of St. Andrew the Apostle, of St. Thomas the Apostle, of the Nativity of our Lord, of St. Stephen the Martyr, of St. John the Evangelist, of the Holy Innocents, Monday and Tues- day in Easter- Week, and Monday and Tuesday in Whitsun- "Week ; and that none other day shall be kept and commanded to be kept holy day, or to abstain from lawful bodily labour. " 11. And it is also enacted by the authority aforesaid, that every even or day next going before any of the aforesaid days of the Eeasts of the Nativity of our Lord, of Easter, of the Ascension of our Lord, Pentecost, and the Purification and the Annunciation of the aforesaid Blessed Virgin, of All Saints, and of all the said Eeasts of the Apostles (other than that of St. John the Evangelist, and Philip and Jacob), shall be fasted, and commanded to be kept and observed, and that none other even or day shall be commanded to be fasted." [See P. E. L., pp. 1044-50.] HOLY OIL. The oil used at the consecration of kings and other sacred services. HOLY OHDERS. In episcopal churches the several ranks of the ministry. HOLY ROOD. The term rood, from the Saxon rode or rod, was anciently used for a cross or crucifix. Hence the title of Holy Rood (or Holy Cross) Day, a festival formerly observed in memory of the alleged recovery and setting up of a large frag- ment of the true cross by the Emperor Heraclius, after it had been carried away on the plundering of Jerusalem by Chosroes, King of Persia. — S. E. D. HOLY SEPULCHRE or HOLY CROSS, ORDER OF. Canons HOLY STOUP— HOOD. •regular of the Holy Sepulclire were instituted in the beginning of the 12 th century, in imitation of the regulars instituted in the Church of the Holy Sepulchre of our Saviour at Jerusalem. The first house they had in England was at Warwick, which was begun for them by Henry de Newburgh, Earl of Warwick, who died in the year 11 23, and completed by his son Roger. They were sometimes called canons of the Holy Cross, and wore the same habit with the other Austin canons, distinguished only by a double red cross upon the breast of their cloak or upper gar- ment. The endeavours of these religious to regain the Holy Land having come to nothing after the loss of Jerusalem in the year 1188, their order fell into decay. Their revenues and privi- leges were mostly given to the Maturine friars, and only two houses of them continued to the dissolution. — B, E, L. HOLY STOUP. The basin for holy water once placed at the entrance of churches in England, as now in Romish churches. HOLY TABLE. Dr. Phillimore, as Dean of the Court of Arches, in the case of Elphinstone v. Purchase, decided that the leaving of the holy table entirely bare and uncovered during divine service is a practice without warrant from primitive use or custom, and it is contrary to the 8 2d canon, which governs tlie question, and therefore illegal. HOLY WEEK. The week before Easter. HOMILIES. The homilies of the Church consist of two books of plain discourses appointed to be read in churches on any Sunday or holy-day when there is no sermon. HONORARIUM. The fee payable to an ecclesiastic for the performance of a religious service or rite. HONOR CATHEDR-ffi. A pension formerly paid to bishops at their visitations. [See Bingham's "Christ. Antiq.," vol. iii. p. 219.] HOOD. The hood, as now used, is partly derived from the monastic caputium, partly from the canonical amice or almutium. It was formerly used by the laity as well as the clergy, and by the monastic orders. In cathedral and collegiate churches the hoods of the canons and prebendaries were frequently lined with fur or wool, and always worn in the choir. The term almutium or amice was peculiarly applied to these last. And such is the present usage in foreign churches, where the capitu- lar canons are generally distinguished from the inferior members by the colour or materials of the almuce. — Palmer, As used in England it is an ornamental fold that hangs down the back of a graduate to mark his degree. This part of the dress was formerlv not intended for distinction and ornament, IIOEN BOOKS— HOSPITAL. 239 but for use. It was generally fastened to the back of the cope or other vesture, and in case of rain or cold was drawn over the head. In the universities the hoods of the graduates were made to signify their degrees by varying the colours and materials. The hoods at our three principal universities, Oxford, Cambridge, and Dublin, vary considerably from one another; with this agreement, that all doctors are distinguished by a scarlet hood, the linings (at Oxford and Dublin) varying according to the different faculties. Originally, however, it would appear that they were the same, probably till after the Eestoration. Masters of Arts had originally fur hoods, like the proctors at Oxford, whose dress is, in fact, that of full costume of a Master of Arts. Bachelors in other faculties wore silk hoods of some intermediate colour ; and Bachelors of Arts stuff hoods lined with lambs' wool. The hoods in the Scottish universities followed the pattern of those of the University of Paris. [See H. C. Z).] By the 58th canon, every minister saying the public prayers, or ministering the sacraments or other rites of the Church, if they are graduates, shall wear upon their surplice, at such times, such hoods as by the orders of the universities are agreeable to their degrees. HORN BOOKS containing the Lord's Prayer, Creed, and Ten Commandments were largely used by the poorer classes. They were so called from the thin sheet of horn which was used to protect the sheet on which those formularies were printed. — JEixm Daniel. HORN WITH HORN or HORN UNDER HORN. The pro- miscuous feeding of bulls and cows, or all horned beasts that are allowed to run together upon the same common. — Spelman, To which may be added that the commoning of cattle horn with horn was properly when the inhabitants of several parishes let their common herds run upon the same open spacious com- mon that lay within the bounds of several parishes ; and there- fore, that there might be no dispute upon the right of tithes, the bishop ordained that the cows should pay all profit to the minister of the parish where the owner lived, &c. — T. L. D. HOSPITAL (Lat. hospes, host, stranger), popularly Spittal, a place or building erected out of charity for the reception and support of the poor, aged, infirm, sick, and otherwise helpless. In the first ages of the Church the bishop had the immediate charge of all the poor, both sound and diseased, as also of widows, orphans, strangers, &c., and when churches came to have fixed revenues allotted them, a portion thereof was con- 240 HOSPITALLERS— HOST. tributed to the relief of the poor ; and to provide for them the more commodiously divers houses of charity were built, which were afterwards denominated hospitals. — E. C. O, Hospitals were such houses for relief of the poor and impotent people as were incorporated by royal patents, with power to receive gifts and grants in succession. But be- sides the poor and impotent there generally were in these hospitals two or three religious, one to be master or prior, and one or two to be chaplains and confessors ; and these observed the rule of St. Austin, and probably subjected the poor and impotent to some religious restraints, as well as to the local statutes. Hospitals were originally designed for the relief and entertainment of travellers upon the road, and particularly of pilgrims, and therefore were generally built by the wayside, but of later years they have been always founded for fixed inhabi- tants. — B. E. L. [See also 2 Hen. Y. cap. i ; 2 Hen. YI. cap. 2 j 14 Eliz. cap. 5, sees. 8 & 30 ; 39 Eliz. cap. 5 ; and P. E. A] HOSPITALLEES. Knights Hospitallers, who took their name from an hospital built at Jerusalem for the use of pilgrims com- ing to the Holy Land, and dedicated to St. John Baptist ; for the first business of these knights was to provide for such pilgrims at that hospital, and to protect them from injuries and insults upon the road. They were instituted about the year 1092. They followed chiefly St. Austin's rule, and wore a black habit with a white cross upon it. They soon after came into England, and had a house built for them in London in the year 1 100. And from a poor and mean beginning, they obtained so great honour, wealth, and exemption, that their superior here in England was the first lay baron, and had a seat amongst the lords in parliament ; and some of their privileges were extended even to their tenants. They were at first called Knights of St. John of Jerusalem ; but settling chiefly at Ehodes, after they were driven out of the Holy Land, were afterwards called Knights of Ehodes ; and after the loss of Rhodes, in the year 1522, and their having the island of Malta given them by the Emperor Charles Y, they were called Knights of Malta. There were also sisters of this order, but there was only one house of them in England, viz., Bucklam in Somersetshire. — B. E. L. [See 32 Hen. YIIL cap. 24; 13 Edw. L stat. i, cap. 43; and also Knights Hospitallers.] HOSPITUM. The place in ancient monasteries where pilgrims were lodged and entertained. HOST (Lat., Jiostice), The consecrated wafer in the Romish HOSTILAEIA— HOUKS OF PKAYEK. 241 mass. From this word liostia, Somner derives the Saxon livsel, used for the Lord's Supper, and hustan, to administer the sacrament, which were kept long in our old English under housel and to housal. Shakespeare uses the term unhouselled in Hamlet, mean- ing that his father gave up the ghost without having the holy bread or sacrament administered to him. — T. L. D. [See also L. J. D.] HOSTILAEIA, HOSPITALARIA. A place or room in reli- gious houses appropriated to the use of receiving guests and strangers, for the care of which there was a special officer appointed, called hostilarms and hospitalarius. — T. L. D. HOSTILARIUS or HOSPITALARIUS, whose business in a monastery was to see strangers well entertained, and to provide firing, napkins, towels, and suchlike necessaries for them — B. E. L. HOT CROSS BUNS. A kind of muffin or biscuit with tlie figure of the cross impressed upon it, commonly used in Eng- land for breakfast on Good Friday. These buns are said to have originated from the ecclesiastical eulogiae or consecrated bread, formerly bestowed as a token of amity, or sent to thosa who from any impediment could not receive the host. They were marked with a cross, like the present buns. — S. E. D. HOUR-GLASS. Formerly the usual time occupied in the delivery of sermons was an hour. For the due measure- ment of the time hour-glasses were often attached to pulpits, and even now in some churches the glass or its stand still remains. HOURS FOR MARRIAGE. The canonical hours are between eight A.M. and twelve noon. [See Canon 62.] HOURS OF PRAYER. The Church of England, at the revision of our offices in the reign of Edward YL, only pre- scribed public worship in the morning and evening ; and in making this regulation she was perfectly justified ; for though it is the duty of Christians to pray continually, yet the precise times and seasons of prayer, termed canonical hours, do not rest on any divine command ; neither have they ever been pro- nounced binding on all Churches by any general council ; nor has there been any uniformity in the practice of the Christian Church in this respect. The hours of prayer before the Kefor- mation were seven in number — matins, the first, third, sixth, and ninth hours, vespers, and compline. The office of matins, or morning prayer, according to the Church of England, is a Q 242 HOUSELLING ERE AD— ILLEGAL. judicious abridgment of her ancient services for matins, lauds, and prime ; and the office of evensong or evening prayer, in like manner, is an abridgment of the ancient service for vespers and compline. Both these offices have received several improve- ments in imitation of the ancient discipline of the churches of Egypt, Gaul, and Spain.— i7. C. D. [See B. D, D. H. T.] HOUSELLING BREAD. The bread or wafer consecrated in the Holy Eucharist. — L. J, D, HUMEBrALE. The amice. A vestment worn on the shoulders. HUMEBAL VEIL. A silken veil, in which the subdeacon, or the acolyte in some churches, holds the paten till after the Pater noster. — S. E. D, HYMN. A song or ode in honour of God ; a song of praise or joy. Hymns have been classed as follows : — (i) metrical, such as those used in the Unreformed Church ; (2) canticles, divided into verses, and appointed to be said or sung in the daily service, as the Te Deum, Benedictus, &c. ; (3) those portions of the Communion Service appointed by the Church to be said or sung, as the Tersanctus, Gloria in Excelsis, &c. I I. H. S. Initial letters of the words Jesus Hominum Salvator. An inscription used in the Church for many ages. ILLEGAL, CEBEMONIES ADJUDGED. In the case of Elphinstone, afterwards Hebbert v. Purchas, the following cere- monies were declared to be illegal, viz. : — Ceremonial mixing water with the wine at the Holy Communion; the administration of wine with which water has been mixed previous to the service ; the administration of wafer bread at the Holy Communion; elevat- ing the paten and cup during the prayer of consecration; kneel- ing and prostration during the prayer of consecration ; the use of Sanctus and sacring bells rung during the prayer of consecra- tion ; Agnus Dei sung after the prayer of consecration, and before the communion of the people ; sign of the cross, made by the minister at the Apostles' and Mcene Creeds, absolution in the Communion Service, mixing the chalice in the service, prayer of consecration ; kissing the Gospel book before reading the Gospel ; standing with back to the people and elevating the cup while reading the prayer for the Church militant ; elevation of the offertory alms and removing them to the credence table instead of suffering them to remain on the holy table ; leaving the holy ILLEGAL CEREMONIES. 243 table uncovered on Good Friday ; standing in front of the holy table with back to the people while reading the prayer of conse- cration ; standing in front of the middle of the holy table with back to the people while reading the collects next before the Epistle ; standing at the foot of the holy table with back to the people while reading the collects after Creed at evening prayer; standing with back to the people while reading the Epistle ; gospeller attended by acolytes and a crucifer with crucifix, while reading the Gospel; Te Deum sung at the communion table, immediately after evening service, with crucifix and banners ; a procession, immediately before or after service, singing a hymn, and composed of thurifer, carrying and swinging incense, crucifer with crucifix, acolytes with lighted candles, deacons or others with banners, choristers dressed in red and white, ceremoniarius in cassock and cotta with blue tippet, rulers of the choir in copes, clergy in copes ; palms, lighted candles, and crucifix carried in procession at and as a ceremony connected with divine service ; blessing of palms and giving them to the people during divine service on Palm Sunday ; blessing of candles and giving them to the people during divine service on the day of the Purification of the Virgin Mary (Candlemas Day), ashes on Ash Wednesday, and palms on Palm Sunday ; candles lighted when not wanted for the purpose of giving light, and used in any of the ways following, during divine service : — carried on Candlemas Day and Whitsun- day ; used at reading of the Gospel ; placed on the communion table or a ledge over it, and seeming to be part of it, or about or before the communion table either during the Communion Service or other parts of the morning service ; paschal light at Easter ; incense used for censing persons or things, or burnt ceremonially in or immediately before divine service, and as subsidiary thereto ; — notices of high celebrations and of feasts not directed by the Church to be observed ; notice of mortuary celebration, and interpolation while reading the Communion Service, after the collect for the Queen, of a prayer. Epistle, and Gospel, not in the Prayer-Book, read at a mortuary celebration ; admission of a choir boy, with certain ceremonies immediately before service ; metal crucifix, not part of architectural decora- tions, on or in apparent connection with the holy table, and seeming to be part of its furniture, covered and uncovered cere- monially, and bowed to by the minister ; censing the crucifix ; figure of the infant Saviour with lilies over the credence table at Christmas ; and a stuffed dove over the holy table on Whitsun- 244 ILE— IMAGES. day. In the case of Eiddell v. Baker and Taylor, a crucifix or image of our Lord on the cross, and images of the Virgin Mary and St. John on the reredos, were declared unlawful. The deci- sions given on these points have been disputed on a variety of grounds, amongst which the alleged incompetency of the court and the misrepresentation of ecclesiastical law have been the chief. [See Vestments, Counsel's Opinion Concerning.] ILE or AISLE (from the French aile ; Latin, ala, a wing) is part of a church, not in the body, but most commonly on one side of the church ; and it had its name from the form of the ISTorman churches, which were built in the figure of a cross, with a nave and two wings. An aisle in a church, which has time out of mind belonged to a particular house, and been maintained and repaired by the owner of that house, is part of his frank-tenement, and the ordinary cannot dispose of it or intermeddle in it; and the reason is, because the law in that case presumes that the aisle was erected by his ancestors, or those whose estate he hath, and is thereupon particularly appropriated to their house. But no such title can be good either upon prescription or upon any new grant by a faculty to a man and his heirs ; but the aisle must always be supposed to be held in respect of the house, and will always go with the house to him that inherits it. — B, L. D, IMAGES. Images in the church and the principal image in the chancel (viz., of the saint to whom the church was dedicated) were io be provided by the parish. At one time none were to question the determination of the Church con- cerning the adoration of the glorious cross, the worship of the images of saints, or pilgrimages to the places or relics of the same ; but it was to be publicly taught and preached by all that the cross and image of the crucifix, and other images of the saints in memory and honour of those whom they represent, and their -places and relics, ought to be worshipped by proces- sions, kneeling, bowing, incense, kissing, oblations, illumina- tions, pilgrimages, and all other modes and forms whatsoever used in former times, on pain of incurring the guilt of heresy. By 3 & 4 Edward VI. it was laid down that the Eomish doctrine concerning the worshipping and adoration of images and relics, and also invocation of saints, is a fond thing, vainly invented and grounded upon no warranty of Scripture, but rather repugnant to the "Word of God. It was also enjoined that images in churches of stone, timber, alabaster, or earth, graven, carved, or painted, should be defaced and destroyed. But this IMMEESION— IMPOSITION OF HANDS. 245 was not to extend to any image or picture set or graven upon any tomb in any church, chapel, or churchyard, intended as a monument of any king, prince, or other dead person who had not been commonly reputed and taken for a saint. But even this was not to be done by any person of his own autho- rity, but with the licence of the ordinary. And if any did so without the licence of the ordinary. Dr. Godolphin says, he was to be bound to his good behaviour ; not by the ordinary, but by the Lord Chief- Justice of the King's Bench. — B. E. L. ; B. D. D. H. T, [See 3 & 4 Edw. YI. cap. 10 ; i Mary, stat. 2, cap. 2 ; and i Jas. I. cap. 25, sec. 48.] IMMERSION. The primary mode of administering holy baptism prescribed in the rubric, consisting in the plunging or dipping of the person in water. [See Rubric to Baptism.] IMMERSION TRINE. An ancient practice in the Church of administering baptism by immersing the person baptized three consecutive times in the names of the sacred persons of the Trinity. IMMOVABLE FEASTS. Those holy-days which do not depend on Easter, but are permanently fixed to set days of the year. Christmas and all the saints' days are of this character. [See 24 Geo. II. cap. 23, sec. 3.] IMMUNITY, a privilege or exemption from some office, duty, or imposition. Immunity is more particularly understood of the liberties granted to cities and communities. The princes heretofore granted all kinds of immunities to ecclesiastics, exempting them from all impositions. There is still a privilege of immunity in some places, and especially in Italy, belonging to ecclesiastical things and persons ; who are exempted from, certain dues, and are sheltered from the pursuits of justice, although there are some crimes for which they cannot plead the privileges of immunity, as pre- meditated murder. — E. G. C. [See L. J. D.] IMPETRATION (impetratio). An obtaining anything by request and prayer. In our statutes it is a pre-obtaining of church benefi(?es in England from the Court of Eome, which belonged to the gift and disposition of the king, and other lay patrons of this realm ; the penalty whereof was the same with that inflicted on pro visors. — [See 25 Edw. III. stat. 6, and 38 Edw. III. stat. 2, cap. 4.] IMPOSITION OF HANDS. A religious ceremony of very great antiquity, and still retained in the Church as the appointed 246 IMPKOPEIATION— INCUMBENT. means of administering confirmation, and of admitting to the Christian ministry. [See the Form and Manner of Ordering Priests and Deacons.] IMPROPRIATION is, properly, where a benefice ecclesias- tical is in the hands of a layman ; and appropriation, when in the hands of a bishop, college, or religious house. They are often confounded. The impropriations which had belonged to the monasteries that came into the king's hands after the dis- solution of those religious societies, passed from thence many of them into lay hands by grant from the crown ; and thus are called lay impropriations. — B. L, D. [See 43 Geo. III. cap. 107, sec. 11; 2 & 3 Philip and Mary, cap. 4, sees. 13, 14, & 19; and P. E. L., p. 273.] IMPROPRIATOR. A layman who possesses or enjoys, the benefit of church lands. INCLOSURES. Large wastes or commons in the West Riding of the county of York, with the consent of the lords of manors, &c., may be inclosed, a sixth part whereof shall be for the benefit of poor clergymen whose livings are under 40s. a year, to be settled in trustees, who may grant leases for twenty- one years, &c. — T. L. D. [See 12 Anne, cap. 4.] INCORPORATION, POWER OF. To the erection of any corporation the king's consent was necessary, either impliedly or expressly given. The king's implied consent is to be found in corporations which exist by force of the common law, to which our former kings are supposed to have given their con- currence ; of this sort are all bishops, parsons, vicars, church- w^ardens, and some others, who, by common law, have ever been held to have been corporations by virtue of their office. — B. L. D. INCORPOREAL HEREDITAMENT is a right issuing out of, or annexed unto, a thing corporeal ; as a rent out of houses or lands ; and of these incorporeal hereditaments there are divers kinds, of which the principal are advowsons, tithes, com- mons, ways, offices, dignities, franchises, corodies or pensions, annuities, and rents. — B. L, D. INCUMBENT comes from the word incwnho, to mind dili- gently ; and signifies a clergyman that is diligently resident upon his benefice, and applies, or ought to apply, all his study to the discharge of the cure of the church to which he belongs. ~B. L. D. INCUMBENT, DESIGNATION OP. Under the provisions of the District Church Tithes Act, 28 & 29 Victoria, cap. 42, any incumbent satisfying the Ecclesiastical Commissioners that INDEMNITY— INDEPENDENTS. 247 lie was legally in possession of the right of receiving a portion of the rectoral and vicarial tithes arising within his eccle- siastical parish or district, was entitled to the designation of rector or vicar, as the case might be, on the publication of an order in council to that effect in the " London Gazette." But by the District Church Tithes Act Amendment Act, 3 1 & 32 Victoria, cap. 17, entitled "An act to amend the District Church Tithes Act, 1865, and to secure uniformity amongst incumbents in certain cases," the ninth section of the said District Church Tithes Act was repealed, and it was enacted that " the incumbent of the church of every parish, or new parish, for ecclesiastical purposes, not being the rector, who is or shall be authorised to publish banns of matrimony in such church, and to solemnise therein marriages, churchings, and baptisms accord- ing to the laws and canons in force in this realm, and who is or shall be entitled to take, receive, and hold for his own sole use and benefit the entire fees arising from the performance of such office, without any reservation thereout, shall, from and after the passing of this act for the purpose of style and designation, and not for any other purpose, be deemed and styled a vicar of such church and parish, or new parish, as the case may be, and his benefice shall for the same purpose be styled and designated a vicarage." [See Benefice.] INDEMNITY. An indemnity was a pension paid to the bishop in consideration of discharging or indemnifying churches, united or appropriated, from the payment of procurations, or by way of recompense for the profits which the bishop would otherwise have received during the time of the vacation of such churches. On the appropriation of a church to any college, &c., when the archdeacon loses for ever his induction money, the recom- pense he receives yearly out of the church so appropriated, as 1 2d. or 2S., more or less, as a pension agreed at the time of the appropriating, is called indemnity. — T. L. D, INDEPENDENTS or OONGREGATIONALISTg. This division of English Nonconformists originally received the name of Brownists ; but in the year 16 16, having acquired such strength as to be able to organise congregations, they began to be called Independents, because they maintained that every separate congregation of Christians had full power of eccle- siastical jurisdiction over its members, independently of the authority of bishops, synods, presbyteries, or any other person- ages or bodies. 248 II^DICAVIT— INDUCTIOK INDICAVIT (so called from those words in the writ, indi- cavit nobis) was a writ of prohibition that lay for the patron of a church, whose clerk was defendant in the ecclesiastical court, in an action for tithes, commenced by another clerk, and extending to the fourth part of the value of the church at least, in which case the suit belonged to the King's Court. But now day writs of indicavit, as well as all other real actions, are grown almost obsolete, and seldom put in practice. — B. L. D. [See 13 Edw. I. stat. T, cap. 5, sec. 4, and P. E. Z/., p. 460.] INDUCTION is giving a clerk instituted to a benefice the actual possession of the temporalities thereof. It is per- formed by a mandate from the bishop to the archdeacon, who commonly issues out a precept to some other clergyman to perform it for him. Accordingly, the inductor usually takes the clerk by the hand, and lays it upon the key or ring of the church door, and then addresses him to this effect: — " By virtue of this mandate, I do induct you into the real, actual, and corporal possession of this church of C, with all the rights, profits, and appurtenances thereto belonging." After which the inductor opens the door, and puts the person inducted into the church, who usually tolls a bell to make his induction public and known to the parishioners. This being done, the clergyman who inducts him endorses a certificate of his induc- tion on the archdeacon's mandate, and they who are present testify the same under their hands. And by this the person inducted is in full and complete possession of all the temporali- ties of his church. And what induction effects in parochial cures is effected by instalment into dignities, prebends, and the like, in cathedral and collegiate churches. [See 26 Hen. YIII. cap. 3, sec. 7 ; and 13 Eliz. cap. 12, sec. 7 ; also P. E, Z., pp. 477-80 ; and (7. L. C. C, pp. 520-528.] INDUCTION, AUTHORITY FOR :— , by divine providence, or by divine promise (as the case may be), archbishop or bishop of (as the case may be), to the Venerable , archdeacon of , or his official, lawfully constituted, or to all and sin- gular rural deans, rectors, chaplains, curates, and clerks in and throughout our whole diocese of , greeting : Whereas we have freely, and of our own mere goodwill, conferred upon our beloved in Christ, the Rev. , the of the church of , in the county of , and in our diocese and jurisdiction of , void by the of the , the last incumbent, and belonging to our collation in full right by virtue of our archbishopric or bishopric (as the case may be), and have regularly and canonically insti- tuted and invested him the thereof, and with all and singular the rights, members, and appurtenances whatsoever thereunto belonging, we therefore recommend it to you jointly and severally, and hereby firmly INDUCTIOI^— INHIBITIOK 249 enjoin and command you to induct him, the said , or his lawful proxy in his name and stead, unto the real, actual, and corporal possession of his aforesaid, with all and singular the rights, members, and appur- tenances thereunto belonging, and when so inducted to defend him therein ; and what you shall do in the premises you shall duly certify us, our vicar- general, or some other competent judge in this case, when you shall be thereunto duly required, or that he or you shall execute this our mandate shall so certify. In witness whereof we have caused the seal of our vicar- general to be hereunto affixed this day of , in the year of our Lord , and in the year of consecration, or translation (as the case may be)." INDUCTION, CERTIFICATE OF :— " On the day of , I delivered the key of the great door of the parish church of ■ , in the county of , to the Rev. , and caused him therewith to unlock the said door, and having this instrument in my hand I thus spoke to him as follows : — ' By virtue of this mandate, I do induct the Kev. into this and parish church of , and into the real, actual, and corporal possession of the same, with the rights, members, and appurtenances thereof.' And I then caused the said to enter alone into the said church, and to take legal possession of the same. Witness my hand, . " The said was so inducted in the presence of us, [ Churchwardens." INDULGENCES in the Eomish. Church are founded upon the alleged good works of the saints, over and above those necessary towards their own justification, and are called works of supererogation, together with the infinite merits of Christ, which are deposited as it were in one inexhaustible treasury. The keys of this were committed to St. Peter and to his suc- cessors the popes, who may open it at pleasure, and by trans- ferring a portion of this superabundant merit to any particular person for a sum of money, may convey to him either the pardon of his own sins or a release for any one in whom he is interested, from the pains of purgatory. Such indulgences were first in- vented in the nth century by Pope Urban II. — B. L, D, [See B, D. D. H. T., and 25 Hen. YIII. cap. 21, sec. 22.] INFIEMARIUS. A person who had the care of the infirmary in a monastery, and of the sick monks who were carried thither, and who provided them with physic and all necessaries, and when they died washed and prepared their bodies for burial. — B. E. L, INFULA was anciently the garment of a priest, like that which we now call a cassock ; sometimes it is taken for a coif. INHIBITION is a writ to forbid a judge from a further proceeding in a cause pending before him, being in the nature of 250 INNOCENTS' DAY- INSTALMENT. a prohibition. It most commonly issues out of a higher court Christian to an inferior upon an appeal. But there are alsa inhibitions on the visitations of archbishops and bishops ; thus when the archbishop visits, he inhibits the bishop ; and when the bishop visits, he inhibits the archdeacon. And this is to prevent confusion. — B. L. D. [See also P. E. L., pp. 1274-76, &c.] INNOCENTS' DAY. A festival of the Church, held on December 28, commemorative of the martyrdom of the young children, or innocents, by Herod. INSCRIPTIONS IN CHURCHES. Ornamenting the walls of churches with texts of Scripture and other chosen sentences is a custom of great antiquity. The practice is enjoined (in England) in the 82d canon of 1 603-1 604, which is still binding upon the clergy of the present day, and indeed it is the only authority advocating its adoption. There is no legal prohibition existing against the revival of the usage, so that with the sanction of the ordinary it may at any time be resumed ; the expediency, however, of such a measure must be determined by the peculiar circumstances of each individual parish. The canon reads thus : " We appoint . . . that the Ten Commandments be set up, &c. . . . and other chosen sentences written upon the walls of the said churches and chapels, in places convenient ; . . . all these to be done at the charge of the parish." — S. E, D. INSIDIATORES VIARUM were persons that used to lie in wait in order to the commission of felony or other misde- meanours. These were always excluded by the common law from the bsnefit of clergy, and therefore sometimes these words were put in indictments of felony, on purpose to deprive the oifenders of that benefit; but in the reign of Henry TV. a statute was passed to put these words out of indictments, and to allow benefit of clergy if they were in them. — B. L, D, [See 4 Hen. lY. cap. 2.] INSTALLATION. (Modern Lat. in, and stallum, a seat). The act of conferring an office or dignity, or investing a person with the powers appertaining to such an office. In the Church of England the word is chiefly used for the induction of a dean, prebendary, or other ecclesiastical dignitary, into the possession of his stall or other proper seat in the cathedral to which he belongs. — S. E. D, INSTALMENT. A settlement, establishing, or sure placing in ; as instalment into dignities, &c. IXSTITUTIOX. Tn ecclesiastical promotions, where the freehold passes to the persons promoted, corporal possession is required to vest the property completely in the new proprietor; who, according to the distinction of the canonists, acquires the jus ad rem^ or inchoate and imperfect right by nomination and institution; but not the jus in re, or complete and full right, unless by corporal possession. Therefore in dignities possession is given by instalment ; in rectories and vicarages by induction, without which no temporal rights accrue to the minister, though every ecclesiastical power is vested in him by institution. — T, L, D, [See 20 Chas. 11. cap. 2.] INSTITUTION in canon and common law is the act of the bishop, or of one commissioned by him, whereby a clerk is invested with the spiritualities of a rectory or vicarage. The clerk kneels down before the bishop while he pro- nounces the words of institution, and whilst kneeling holds the written instrument, with the episcopal seal annexed, in his hand. Before the clerk is instituted he must, in the presence of the ordinary or his substitute, take the oaths of canonical obedience and of allegiance, and subscribe to the declarations of assent to the Thirty-Nine Articles and the Book of Common Prayer. [For forms of these see Ordination.] And he is to have certificates given him of his subscribing the declaration in English, in a distinct instrument, under the hand and seal of the bishop. The clerk ought by all means to have witnesses of his institu- tion, his taking the oaths, making subscriptions, &c., and there- fore he should desire some present to write their names on the back of his instruments, and make memorandums as to who they are and where they live. The church, or benefice, by institution is full against all per- sons but the king ; and the clerk by it may enter upon the glebe and take the tithes ; but he cannot let or grant them, nor sue for them, if they be refused to be paid till he be inducted. After institution the clerk is to receive a written mandate from the ordinary to the archdeacon, or other proper person, in order to his induction ; without which he has not a full right to his temporalities, unless the benefice be a donative. — U. C. C. Canon 40: ^'To avoid the detestable sin of simony, every archbishop, bishop, or other person having authority to admit, institute, or collate, to any spiritual or ecclesiastical function, dignity, or benefice, shall, before every such admission, institu- 2 5 2 IXSTITUTOR— INTEEPEET ATIOK tion, or collation, minister to every person to be admitted, insti- tuted, or collated, the oath against simony." — [See C. L. C. (7., pp. 506-509, also P. E. L.^ pp. 471-76.] INSTITUTOR. A commissary who, appointed by the bishop, institutes a clergyman as an incumbent of a benefice. — S. E. Z>. INTERDICT was an ecclesiastical censure, whereby^ divine service was prohibited, either to particular persons or in par- ticular places, or both. Both these kinds of interdict have been frequently exercised heretofore upon whole villages, towns, provinces, and even kingdoms, till they should make satisfaction for injuries done, or abstain from injuries they were doing, to the Church. In the year 1208 the Pope excommunicated King John and all his adherents, and put the whole kingdom under an interdict, which began the first Sunday after Easter, and continued six years and one month. During the time of interdict baptism was allowed, because of the frailty and uncertainty of life ; but the Holy Eucharist was not allowed, except in the article of death ; so also Christian burial was denied in any consecrated place, except it were done without divine offices. But this kind of censure has been long disused, and nothing of it appears in the laws of Church or State since the Eefor- mation.— ^. L. D. [See also B. D. D. H, T.] The ancient form of an interdict ran thus : — " In the name of Christ, we, the bishop, in behalf of the Father, Son, and Holy Ghost, and of St. Peter, the chief of the apostles, and in our own behalf, do excommunicate and interdict this church, and all the chapels thereunto belonging, that no man from henceforth may have leave to say mass, or to hear it, or in any wise to administer any divine office, nor to receive God's tithes, without our leave ; and whosoever shall presume to sing or hear mass, or perform any divine office, or to receive any tithes, contrary to this interdict, on the part of God the Father Almighty, and of the Son, and of the Holy Ghost, and on the behalf of St. Peter, and all the saints, let him be accursed and separated from all Christian society, and from entering into Holy Mother Church, where there is forgiveness of sins ; and let him be anathema viaranatJia for ever with the devils in hell. Fiat. fiat, fiat. Amen." — T. L. D, INTERLOCUTORY DECREE. An interlocutorv decree in the spiritual court is that which does not decide the cause, but only some incidental matter which happens between the begin- ning and end of it. — B, E. L. INTERPRETATION CLAUSE OF PRAYER-BOOK. The INTOISrATIOK— INVESTITUEE. 253 rubric relating to the ornaments of the church and of the ministers thereof. [See Ornaments Eubric] INTONATION. The reciting, by the chanter, of the com- mencing words of the psalm or hymn before the choir begins. More strictly, the term " intonation " is applied to the commence- ment of each verse of the canticles (sung, however, by the choir), after the reciting-noLe. The intonations are the same as in the psalm-chants ; but in the latter they are confined to the first verse of the psalm. — S. E. D. INTONING-. A term sometimes used, though improperly, for monotoning, which is the reciting of the liturgy in a musical tone. INTROIT. The psalm, verse, or hymn sung before the celebration of the Holy Communion, when the priest goes to the altar. [See B. D. D, H, T.] INTRUSION. Illegal entrance into a benefice. " Forasmuch as we understand that certain priests casting an eye upon the benefice of a person who is absent, feigning reports that they have heard he is dead, or hath resigned his benefice, and so procure themselves to be intruded into the same benefice ; and if, perhaps, he who was pretended to be dead shall return into his church, answer is made unto him, * I know thee not,' and the door is shut against him. And forasmuch also as others, blinded with covetousness, do presume privately, or in what manner soever they can, to intrude themselves into the benefices not only of the absent, but also of those who are present ; and when they are in, neither the sentence of the judge, nor any other thing by w^hich they may be ejected, doth avail, but they defend themselves with force of arms : we do decree and strictly enjoin that no benefice in any wise be conferred upon pretence of any fame or report of the death or cession of any person being absent ; but the ordi- nary shall wait until he be fully informed in either case, other- wise he shall be bound to render the whole damages to such absent person ; and, moreover, he who hath procured himself to be intruded, shall, besides the reparation of damages, be sus- pended i;pso facto from his ofiice and benefice ; which also shall extend to every one who shall of his own authority or pre- sumption, either privily or by force obtain the possession of an ecclesiastical benefice, which is full of another incumbent, and after it shall be declared to belong to such other, shall endeavour to defend himself therein by force of arms." (Constitution of Otho.)— ^. E. L, INVESTITURE was used both for the right, and the act of investing a tenant or vassal ; that is, of receiving the faith and 254 INVESTITURE OE BISHOPS— IN VITATORY. homage by which a vassal hecame seized and possessed of a fee by his lord. Investiture was anciently performed by rehearsing a formula of words, and afterwards by the delivery of such things as had the nearest resemblance to what was transferred. Thus land passed by the delivery of a turf ; and, to show the trees were transferred at the same time, a bough was cut and delivered along with it. In aftertimes the things by which investitures were made were not so strictly observed. Many were invested by the delivery of a staff, a glove, a knife, a piece of a cloak, of a strap, and a girdle, by pricking the thumb, by giving the keys, a spit, a blow, a ring, a turf, a bough, a straw, &c. The investiture of a kingdom or lordship was performed by the delivery of a stan- dard, a banner, a cap, a sword, a bow, arrows, spurs, &c. The symbols were sometimes preserved in the repositories of the houses, and were annexed to the titles. Investitures with regard to spiritual benefices were frequently performed by delivering the crosier and pastoral ring. The kings of England and France, the emperors of Germany, &c., had formerly this right, so that on the death of a prelate, his clergy sent the crosier, &c., to their sovereign, to be used at the ceremony of investing his successor. The first who dis- puted this privilege with them was Gregory VI. Gregory VIL did it to some purpose ; he excommunicated the Emperor Henry IV., and forbade all ecclesiastics, under pain of excommunica- tion, to receive investiture at the hands of secular princes. Paschal II., however, was obliged to confirm Henry V. in the right of giving investitures ; but repenting of what he had done, he excommunicated him, and reduced him to the necessity of begging absolution. At length that emperor was obliged by Pope Gelasius II. solemnly to renounce all investitures and elections. — E. O. C, also P. JE. L., p. 40. INVESTITURE OF BISHOPS. In the reign of Henry VIII. parliament abolished investiture of bishops by the Pope ; the sole power of election being given to the sovereign, and the archbishops or bishops were compelled to invest and consecrate by order of the king. [See 25 Edw. III. stat. 4.] INVITATORY. This was a text of Scripture adapted and chosen for the occasion of the day, and used before the Venite ; which also itself was called the invitatory psalm. — B. E. L, [See B, D. D. H. T.] INVITATORY PSALM. The thirty-first Psalm, which in the ancient Church was sung before the celebration of Holy Communion. — Bingham, INVITORY— JEWS. 255 INVITORY. In the Communion Office the address com- mencing with the words, " Ye who do truly and earnestly repent you of your sins." — S. E. D, IRREGULARITY {irregularitas). Disorder or going out of rule. In the canon law it is used for an impediment to the taking of holy orders ; as when a man is base born, notoriously defamed of any crime, maimed or much deformed in body, &c. J JACITATION OF MARRIAGE is when one of the parties boasts or gives out that he or she is married to the other, whereby a common reputation of their matrimony may ensue. On this ground, the party injured may libel the other in the spiritual court ; and unless the defendant undertakes and makes out a proof of the actual marriage, he or she is enjoined perpetual silence on that head. — B. L. D. JESUITS. The Society of Jesuits was instituted by Ignatius Loyola, a Biscayan gentleman. It has been termed the most politi- cal and best regulated of all the monastic orders, and one from which mankind have derived more advantages, and received greater hurt, than from any other of the many religious fraternities. The Roman Catholic Relief Bill (lo George lY. cap. 7), after reciting (sec. 28) that Jesuits and members of other reli- gious orders, &c., of the Church of Rome, bound by monastic or religious vows, were resident within the United Kingdom, enacted that every Jesuit, and every member of any other reli- gious order, who at the commencement of the act should be within the United Kingdom, should within six months deliver to the clerk of the peace of the county where he resided a statement, in the form annexed to the act, containing the particulars of his name, age, place of birth, the order to which he belonged, residence, &c., which was to be registered, and a copy transmitted to the lord lieutenant, if such person resided in Ireland ; or if in Great Britain, to a secretary of state ; any one not delivering such statement w^as to forfeit ;^5o for every month he remained in the United Kingdom.— T. L, D, [See B. D, D. H. T., and 27 Eliz. cap. 2 ; 2 Jas. 1. cap. 4; 7 & 8 Yict. cap. 102 ; and 9 & 10 Yict. cap. 59.] JEWS. A Jew is to be sworn upon the Old Testament, and perjury maybe assigned upon that oath. By 13 George II. cap. 7, when any of his Majesty's subjects, professing the Jewish religion, shall take the oath of abjuration, the words upon the 25 6 JUBILATE DEO— JUEISDICTIOK true faith of a Christian shall be omitted. By i Anne, stat. I, cap. 30, if any Jewish parent, in order to compel his Pro- testant child to change his religion, shall refuse to allow such child a sufficient maintenance, suitable to the degree and ability of such parent, and to the age and education of such child, then, upon complaint thereof to the lord chancellor, it shall be lawful for him to make such order therein for the maintenance of such Protestant child as he shall think meet. Marriages, where both parties are Jews, are excepted out of the marriage act of 26 George II. cap. 33. Jews. — Declaration of. — "I, A. B., being a person professing the Jewish religion, having conscientious scruples against subscribing the declaration contained in an act passed in the ninth year of the reign of King George IV., intituled ' An act for repealing so much of several acts as imposes the necessity of receiving the Sacrament of the Lord's Supper as a qualification for certain offices and employments,' do solemnly, sincerely, and truly declare that I will not exercise any power, or authority, or influence which I may possess by virtue of the office of , to injure or weaken the Protestant Church, as it is by law established in England, nor to disturb the said Church, or the bishops and clergy of the said Church, in the pos- session of any right or privileges to which such Church or the said bishops and clergy may be by law entitled." [See 8 & 9 Vict. cap. 52, sec. I.] JUBILATE DEO. The alternative canticle appointed to be used after the second lesson in morning service, commencing, 0 be joyful in the Lord." JUDICIUM DEI ("judgment of God'') was a term anciently applied to all extraordinary trials of secret crimes ; as those by arms and single combat, those by fire or red-hot ploughshares, by plunging the arm in boiling water, or the whole body in cold water, in the hope that God would work a miracle, rather than suffer truth and innocence to perish. Trials of this sort were usually held in churches, in presence of the bishops, priests, and secular judges, after three days* fasting, confession, communion, and a world of adjurations and ceremonies, described at large by Du Cange. — E, (7. G, JUNOARE. To strew rushes ; as was of old the custom of accommodating churches, and the very bed-chamber of princes. —B. L. D. JURISDICTION, ECCLESIASTICAL. The lawful authority and power vested in bishops of governing and administering the laws of the Church within their dioceses. [See B, D. D. H. T. , 57 Geo. III. cap. 99, sec. 74; and 5 Geo. IV. cap. 91, sec. 73.] JURISDICTION, EXEMPT FROM. By virtue of i & 2 Philip and Mary, cap 8, parishes and chapels which, before the dissolution of monasteries, were exempt from the jurisdiction of JUEIS UTKUM— JUS PATEOISrATUS. 257 the archbishops and bishops of the diocese in which they were situated, and were under the government of abbots and priors, were to be subject to archbishops respectively and exckisively. JURIS UTRUM. A writ which lay for the parson of a church, whose predecessor has alienated the lands and tene- ments thereof. When a clerk is in full possession of the bene- fice, the law gives him the same possessory remedies to recover his glebe, his rents, his tithes, and other ecclesiastical dues, by writ of entry, assize, ejectment, debt, or trespass (as the case may happen), which it furnishes to the owners of lay property. Yet he shall not have a writ of right, nor such other similar writs as are grounded upon the absolute right, because he has not in him the entire fee and right ; but he is entitled to a special remedy, called a writ of juris utrum, which is sometimes styled the parson's writ of right, being the highest writ which he can have. This lay for a parson and a prebendary at common law, and for a vicar by stat. 14 Edward III. stat. i, cap. 17, and was in the nature of an assize, to inquire whether the tenements in question are frankalmoign, belonging to the church of the demandant, or else lay fee of the tenant. And thereby, the demandant might recover lands and tenements belonging to the church, which were aliened by his predecessor, or of which he was disseissed, or which were recovered against him by verdict, confession, or default, or on which any person had intruded since the predecessor's death. But since the restraining stat. of 13 Elizabeth, cap. 10, whereby the alienation of the prede- cessor, or a recovery suffered by him of the lands of the church, was declared to be absolutely void, this remedy was of very little use, except where the parson himself had been deforced for more than twenty years. For the successor, at any com- petent time after his accession to the benefice, might enter or bring an ejectment. A vicar might have a juris utrum against a person for the glebe of his vicarage, which is part of the same church ; but the plaintiff ought to be named parson or vicar, or such name in right of which he brought his action. By 3 & 4 William lY. cap. 27, sec. 36, the above writ was abolished after the 31st of December 1834. — -T. L, D, JUS IN RE. Complete and full right; such as a parson acquires on promotion to a living, who, after nomination and institution, hath corporal possession delivered to him ; for till such delivery of corporal possession he had onlj jus ad rem. JUS PATRONATUS is a commission from the bishop, R 2s8 JUS POSSESSIONS— KIXG. directed usually to his chancellor and others of competent learning, who are to summon a jury of six clergymen and six laymen to inquire into and examine who is the rightful patron of a church ; and this is when the church is in dispute by the presentation of two several patrons of their clerks to a void church within the six months. In this case the bishop may, if he pleases, suspend the admitting either the one clerk or the other, and suffer lapse to incur without awarding a jus patro- natus ; but upon request of either party, patron or clerk, he must award it ; and then, if he admits the clerk according to the verdict found, and certificate of the commissioners, he secures himself from being a disturber, though the right in a quare imjpedit shall be afterwards found for the other. ^ — B. L. D, JUS POSSESSIONIS. A right of seisin or possession ; and a parson hath a right to the possession of the church and glebe, for he hath the freehold, and is to receive the profits to his own use. — jT. L. D, K KEYS OF THE CHURCH. As the churchwardens are bound to keep the church in repair both externally and inter- nally, and to see that all necessary things are provided for the use of the parishioners, and for the due celebration of divine service, and of all offices of the church, they ought to have free access to the church at all reasonable times ; but the possession of the church being in the minister, he only is entitled to the possession of the keys, and the churchwardens have no right to procure a key for themselves. If the incumbent should refuse reasonable access to the church, complaint should be made to the proper authorities. KICHELL. A cake. It was an old custom for godfathers and godmothers, every time their godchildren asked their blessing, to give them a cake, which was called a God's Kichell. — T. L. D, KING. By a statute passed in the reign of Henry YIII. the king's style and title were declared to be, " Henry the Eighth, by the grace of God, King of England, France, and Ireland, Defender of the Faith, and of the Church of England, and also of Ireland, in earth the supreme head." And the same are enacted to be and continue for ever united and annexed to the imperial crown of this realm. Which last words (of the Church of England, and also of Ireland, in earth the supreme head) are what seem to be understood m the abbreviated style of the king KING'S EVIL— KNOW-MEK ^^«lJ^^ as it is now commonly expressed, " Defender of tlie Faith, ai so forth." — B. L. D. [See 35 Hen. YIII. cap. 3, and 37 Ilcn.^ YIII. cap. 17, sec. 3 : also P. E. L.^ By one of the Acts of Settlement of the crown, it is required that every king or queen who shall succeed to the imperial crown of this realm shall, when crowned, take the coronation oath, to be administered by one of the archbishops or bishops. [See Coronation Oath ; and i Will. & Mary, cap. 6, sec. 4.] KING'S EVIL. Scrofula, the power of curing which was, from the times of Edward the Confessor, held to be exercised by the king by virtue of his office. KIRK-MASTER. A churchwarden. KIRK-MOTE. A meeting of parishioners upon church affairs. KISS OF PEACE. A ceremony sometimes observed in the celebration of the Holy Eucharist, used as a sign of love among Christians. A symbolical custom now takes the place of the literal. It is usually given immediately after the Agnus Dei, the priest embracing the deacon and subdeacon. In the Saruni and Eouen missals it was also given at the beginning of mass, before going up to the altar. — S. E. D. KNIGHTHOOD. An order in the army, in the Middle Ages, to which youths were admitted with a religious service, in which they pledged themselves by vow to serve God, to protect women and the defenceless, to be faithful, humble, gentle, courteous, honourable, and disinterested. — S. E. D. KNIGHTS HOSPITALLERS were an order of knights that had their name from an hospital erected at Jerusalem for the use of pilgrims coming to the Holy Land, and dedicated to St. John Baptist. They were afterwards called Knights of St. John of Jerusalem, Their first business was to provide for and protect such pilgrims as came to that hospital. Afterwards, being driven out of the Holy Land, they settled chiefly at Ehodes, and were then called Knights of Rhodes ; and, after the loss of Rhodes, they came to Malta, where they now reside, and are therefore called Knights of Malta. Divers of them came into England in the year iioo, and in process of time they obtained so great wealth, and honours, and exemptions, that their superior was the first lay baron, and had a seat amongst the lords in par- liament. — B. L, D. [See 32 Hen. YIII. cap. 24; also Hos- pitallers.] KNOW-MEN. The Lollards in England, called heretics, for opposing the Church of Rome before the Reformation, went commonly under the name of Know-men and Just-fast-men, KYEIE ELEISON— LANCET-AECII iiich titles were first given them in the diocese of Lincoln by Bishop Smith, a.d. 1500. — T. L. D. KYRIE ELEISON (" Lord, have mercy," &c.). A response of supplication after each of the ten commandments, and in the lesser litany. LADY-ALTAR. The altar of a chapel dedicated in honour of the Blessed Virgin. In most English cathedrals the Lady- altar is situated at the extreme east end behind the high altar. In parish churches it is generally in an aisle. — S. E. D. LADY-CHAPEL. A chapel dedicated to the Blessed Virgin (called Our Lady), which was attached to large churches. It was generally placed eastward of the high altar, often forming a projection from the main building, but was sometimes in other situations. At Ely Cathedral it is a distinct building attached to the north-eastern corner of the north transept ; at Oxford, on the north side of the choir ; at Bristol, on the north side of the north aisle of the choir; at Durham, at the west end of the nave. — S. E. D, LADY-DAY. One of the festivals of the Church, com- memorative of the Annunciation of the Virgin Mary. It is held on the 25 th of March. LAMBETH ARTICLES. Nine propositions, arranged at a meeting of Calvinistic divines held in 1595 at Lambeth Palace, which (under Archbishop "Whitgift's sanction) were intended as a means by which certain theological discussions disturbing the peace of Cambridge might be quieted. [See B, D, D, H, T. LAMBETH DEGREES. Certain degrees which, by virtue of 25 Henry VIII. cap. 21, the Archbishop of Canterbury has the power of conferring on persons whom he thinks worthy of them. LAMMAS-DAY. The first of August ; so called, as some will have it, because lambs then grow out of season, as being too big ; others derive it from a Saxon word, signify loaf -mass, because on that day our forefathers made an offering of bread made with new wheat. On this day the tenants who formerly held lands of the cathedral church in York, were bound by their tenure to bring a lamb alive into the church at hiofh mass. — E, C. C, LANCET-ARCH. An arch with a head shaped like the point of a lancet. The term is generally applied to long narrow Gothic windows, terminating in a pointed head. LANTERN— LAPSE. 261 LANTERN. Li Gothic arcliitecture tlic term usually signifies a tower, which has the whole, or a considerable portion, of the interior open to view from the ground, and is lighted by an upper tier of windows ; lantern towers of this kind are common over the centre of cross churches, as at York Minster, Ely Cathedral, &c. The same name is also given to the light open erections often placed on the tops of towers ; these sometimes have spires rising from them. — jS. E. D. LAPSE (lapsus) is a slip or departure of the right of pre- senting to a void benefice, from the original patron neglecting to present within six months next after the avoidance. Whence it is commonly said that such benefice is in lapse, or lapsed, whereunto he that ought to present hath omitted or slipped his opportunity. And in such case the patronage doth devolve from the patron to the bishop, from the bishop to the arch- bishop, and from the archbishop to the king. The term or space in which title by lapse accrues successively is six months ] which, being of ecclesiastical cognisance, is to be computed by the calendar, at one half-year, and not accounting twenty-eight days to the month ; and the day on which the church becomes void is not to be taken into the account. If the bishop be both patron and ordinary he shall not have a double time allowed him to collate in ; and if, upon lapse, the bishop does not immediately collate his clerk and the patron presents, though after the six months are lapsed, yet his presenta- tion is good, and the bishop is bound to institute the patron's clerk. So if the bishop sufi'ers the presentation to lapse to the archbishop, the patron has the same advantage if he presents before the archbishop hath filled up the benefice. If the benefice becomes void by death, or cession through plurality of benefices, the patron is bound to take notice at his peril ; for these are matters of equal notoriety to the patron and ordinary ; but in case of a vacancy by resignation, or canonical deprivation, or if a clerk presented be refused for insufficiency, these being matters of which the bishop alone is presumed to be cognisant here, the law requires him to give notice thereof to the patron, otherwise he cannot take advantage of the lapse. There is no lapse from the king ; and therefore if the king neglect to fill up the vacancy, there is no remedy but by the ordinary sequestrating the profits of the church, and appointing a clerk to serve the cure. A donative does not go in lapse ; but the ordinary may compel the patron by ecclesiastical censures to fill up the vacancy. But 2 52 LATm CEOSS— LAWS, ECCLESIASTICAL. if the donative has been augmented by the governors of Queen Anne's Bounty, it will lapse in like manner as presentative livings. — B. L. D, [See 13 Eliz. cap. 12, sec. 8; i Geo. I. stat. 2, cap. 10, sees. 6 & 7 ; and 58 Geo. III. cap. 45, sec. 20; also G. L, C. C, pp. 530-35, and F. E. Z., pp. 488-93.] LATIN CROSS. A plain cross whose transverse beam is one-third the length of the vertical one. LATITUDINARIANS. A term originally applied to a number of English divines who more or less diverged from the long established principles and rules of the Church. — S, E. D. LAUDS, LAUDES. In the Eomish Church the second part of the ordinary office of the Breviary, said after matins ; though heretofore it ended the office of the night. The laudes consist principally of psalms, hymns, &c., whence they took their name ; from laus, laudis, praise. — E. C. C. LAVATORIUM. A place in the porch or entrance of cathe- dral churches, where the priests and other officiating members were to wash their hands before they proceeded to the divine service. LAVATORY. A water drain in the sacristy, where, before vesting, the priest washed his hands. LAWN SLEEVES. Sleeves of fine linen, at the present day fastened to a bishop's chimere, but properly belonging to the rochet. LAW OF THE SIX ARTICLES. A law passed in 1539, to the effect that such as opposed certain articles in favour of transubstantiation, denial of the cup, celibacy, private masses, and auricular confession, &c., should be punished either by death, or by imprisonment, or confiscation. [See 3 1 Hen. YIII. cap. 14.] LAWS, ECCLESIASTICAL. By 25 Henry YIIL cap. 19, it was declared that several canons had been prejudicial to the king's prerogative and the laws and statutes of the realm ; that the clergy should not enact any canon, or constitution, or ordi- nance, without the king's assent ; and that all convocations of the clergy should meet only by virtue of the king's writ. The king w^as to appoint thirty-two persons to examine the canons, and to continue such as they thought worthy, and to abridge the residue. JSTo canons were to be executed which were contrary to the king's prerogative or the laws of the realm. By 3 & 4 Edward YI. cap. 11, it was further enacted that the king should have power for three years to nominate thirty-two persons, four of whom should be bishops, and four common lawyers, to compile ecclesiastical laws ; and the laws by them compiled and LAW SPIEITUAL— LAY INYESTITUEE. 263 set forth by the king's proclamation were to be the ecclesiastical laws of the realm, and no other, any laws, statutes, usage, or prescription to the contrary notwithstanding ; but the thirty-two persons and the king were forbidden to compile, establish, or set forth any ecclesiastical laws repugnant to the common law or statutes of the realm. These statutes were repealed by I & 2 Philip and Mary, cap. 8, entitled, " An act repealing all articles and provisions made against the see apostolical of Kome since the reign of Henry YIII.''— [See B, D. D, H, T.] LAW SPIRITUAL (lex spiritualis) is the ecclesiastical law, allowed by our laws where it is not against the common law nor the statutes and customs of the kingdom ; and regularly, according to such ecclesiastical or spiritual laws, the bishops and other ecclesiastical judges proceed in causes within their cognisance. — B. L. D, LAY BROTHERS. Those received into a monastery of monks under certain vows, but not in holy orders. LAY CLERKS. Singing men. Those appointed to lead the responses of a congregation. — S. E. D, LAY ELDERS. Laymen who were formerly admitted into a part of the administration of the church. LAY FEE. Lands held in fee of a lay lord, by the common services to which military tenure was subject, as distinguished from the ecclesiastical holding in frankalmoign, discharged from those burdens. — T. L. D. LAY INVESTITURE OF BISHOPS. Election was, in very early times, the usual mode of elevation to the episcopal chair throughout all Christendom ; and this was promiscuously performed by the laity as well as the clergy, till at length, it becoming tumultuous, the emperors and other sovereigns of the respective kingdoms of Europe took the appointment in some degree into their own hands j by reserving to themselves the right of confirming these elections, and of granting investiture of the temporalities, which now began almost universally to be annexed to this spiritual dignity ; without which confirmation and investiture the elected bishops could neither be consecrated nor receive any secular profits. This right was acknowledged in the Emperor Charlemagne, a.d. 773, by Pope Hadrian I. and the Council of Lateran, and universally exercised by other Christian princes ; but the policy of the Court of Eome at the same time began by degrees to exclude the laity from any share in these elections, and to confine them wholly to the clergy, which at length was completely effected; the mere form of 264 LAY mVESTITUEE OF BISHOPS. election appearing to the people to be a thing of little conse- quence, while the crown was in possession of an absolute negative, which was almost equivalent to a direct right of nomination. Hence the right of appointing to bishoprics is said to have been in the crown of England even in the Saxon times ; because the rights of confirmation and investiture were in effect (though not in form) a right of complete donation. But when, by length of time, the custom of making elections by -the clergy only was fully established, the popes began to object to the usual method of granting those investitures, which was jper annulum et haculum, by the prince's delivering to the prelate a ring, and pastoral staff or crosier ; pretending that this was an encroachment on the Church's authority, and an attempt by these symbols to confer a spiritual jurisdiction ; and Pope Gregory YIL, towards the close of the iith century, published a bull of excommunication against all princes who should dare to confer investitures, and all prelates who should venture to receive them. This was a bold step towards effecting the plan then adopted by the Roman see, of rendering the clergy entirely independent of the civil authority ; and long and eager were the contests occasioned by this papal claim. But at length, when the Emperor, Henry Y., agreed to remove all suspicion of en- croachment on the spiritual character, by conferring investitures for the future per sceptrum, and not per annulum et baculum; and when the kings of England and France consented also to alter the form in their kingdoms, and receive only homage from the bishops for their temporalities, instead of investing them by the ring and crosier, the Court of Rome found it prudent to suspend for a while its other pretensions. This concession was obtained from King Henry I. in England, by means of Archbishop Anselm ; but King John (about a century afterwards), in order to obtain the protection of the Pope against his discontented barons, was also prevailed upon to give up by a charter, to all the monasteries and cathedrals in the kingdom, the free right of electing their prelates, whether abbots or bishops, reserving only to the crown the custody of the temporalities during the vacancy ; the form of granting a licence to elect (which is the original of our co7ig4 d^elire)^ on refusal whereof the electors might proceed without it ; and the right of approbation afterwards, which was not to be denied without a reasonable and lawful cause. This grant was expressly recognised ajid confirmed in King John's Magna Charta, and was again established by stat. 2 5 Edward III. stat. 6, sec. 3. LAY IMPEOPEIATIOK— LECTEEK 265 But by 25 Henry YIII. cap. 20, the ancient riglit of nomina- tion was in effect restored to the crown. — T. L, D. LAY IMPROPRIATION. An ecclesiastical benefice or church in the hands of a layman. LAYING ON OF HANDS. An exclusively episcopal act in confirmation, but a joint act of the bishop and presbyters in the ordaining of priests. LAYMEN'S ORATORY. A name formerly given to the nave of a church. LAY READER. In churches which are destitute of a mini- ster, or at times when he is absent from his parish, or prevented from officiating by sickness, &c., one of the churchwardens, or vestrymen, or other fit person from among the laity, may read the public service and a printed sermon in his stead. To such a person the designation of a lay reader is given, that is, a lay- man who, in cases of emergency, conducts the ordinary service of the church. Snch readers are subject to the ecclesiastical authority of the diocese in which they officiate. — S. E, D. The following are regulations for the appointment of a lay reader in the diocese of Lincoln : — 1. The incumbent proposing to nominate a reader is to write to the bishop, stating the name of the person, his age and con- dition of life, in what place or places he wishes him to exercise his office, and what duties within the limits of the resolutions in connection with the office he wishes him to perform. 2. The incumbent will also transmit to the bishop a certificate under his hand that the person nominated is a communicant, of pious and sober, honest life, sound in the faith as held and taught by the Church of England, and of competent knowledge of the Holy Scriptures. 3. He will also supply the bishop with the names of two or more communicants who are ready to testify to the character and fitness of the proposed reader, should confidential inquiry be made by the bishop ; who may also in any particular case, if he sees fit, by himself or his chaplain, examine the person pro- posed touching his faith or his knowledge of the Holy Scriptures. 4. The bishop, when satisfied, will name a time and place for the admission of the reader. LECTERN, LECTURN, or LETTERN. A reading stand or desk in a church, from which the lessons of Holy Scripture are read. Formerly the antiphons and gospels were sung from lecterns. They were of wood or brass, often of rich design and most elaborate workmanship. 266 LECTIONAEY, THE NEW. LECTIONARY, THE NEW. The chief respects in which the New Lectionary, put forth in 187 1, differs from the Old are the following : — 1. The week-day lessons have been considerably shortened, and are no longer coincident with the present unsatisfactory division of the Eible into chapters, which often obscures the sense by separating premisses from conclusion (see Heb. xi., xii.), or an exhortation from the grounds on which it is based (see Heb. iv., v.). 2. The New Testament is read through twice in the year instead of thrice. 3. The Second Lessons in the morning on ordinary days are no longer taken exclusively from the Gospels and the Acts of the Apostles, nor the Second Lessons in the evening from the Epistles ; but the lessons are so arranged that when the Gospels are read in the morning the Epistles are read in the evening, and vice versd ; so that persons who are able to attend divine service daily, either at matins or evensong, have an opportunity of hearing the whole of the New Testament, with the exception of portions of the Apocalypse, read through in the course of a year. 4. The lessons for festivals and other holy-days have, in some cases, been changed for passages more appropriate to the occa- sion. A beautiful illustration of these changes is furnished in the lessons for Septuagesima Sunday. The First Lessons for matins and evensong are taken from Genesis, and relate to the creation of the world and the condition of man in the garden of Eden. The Second Lessons were formerly taken in regular sequence from the book that happened to be read at that season of the year; they are now taken from the 21st and 2 2d chapters of the Apocalypse, which reveal to us the new heaven and the new earth, the river of the water of life, and the tree of life, whose leaves are for the healing of the nations. 5. Alternative Eirst Lessons are proAdded for evensong on Sundays, when evensong is said at two different times ; and when alternative Second Lessons are not provided, " the Second Lesson at the second time may, at the discretion of the minister, be any chapter from the four Gospels, or any lesson appointed in the Table of Lessons from the four Gospels." 6. Those portions of the Books of Chronicles which supple- ment the Books of Kings are now read. 7. Larger use is now made of Ezekiel and the Apocalypse, for which room has been made by striking out many of the lessons from the Apocrypha. LECTIO— LECTUEEE. 267 8. Tlie lessons from the Apocrypha are mainly taken from the Sapiential Books (Wisdom and Ecclesiasticus). 9. The First Lessons on holy-days, which were in many cases ^ taken from the Apocrypha, are now almost uniformly taken from the canonical books. A good instance of the improvement effected by this change is furnished in the lessons for the Feast of the Purification of the Blessed Virgin Mary. The First Lessons on that feast were formerly taken from the Book of Wisdom; they are now taken from Exod. xiii., which gives an account of the institution of the sanctification of the first-born to God, and from Hag. ii., which predicts the coming of Christ to the second temple. Another excellent instance is supplied in the First Lessons for the Feast of St. Matthias. The old ones were taken from the Book of Wisdom ; the new one from I Sam. ii., which records the announcement of the transfer of the high priesthood from the family of Eli to a more faithful house; and from Isa. xxii., which foretells the deprivation of Shebna the treasurer, and the substitution in his place of Eliakim, even as Matthias w^as chosen in the place of the traitor Judas. 10. Special lessons are provided for Ash Wednesday, for Wednesday, Thursday, and Saturday in Holy Week, and for Monday and Tuesday in Easter Week. 11. Upon occasions to be approved by the ordinary, other lessons may, with his consent, be substituted for those which are appointed in the calendar. — Evan Daniel, LECTIO. A portion of Holy Scripture or other authorised book read in divine service. — S. E. D, LECTOR. The third of the minor orders. Their office is to read the lessons in church. — S, E. D. LECTUEE. A discourse usually of a more simple and familiar character than a sermon. The term, however, is fre- quently applied to those occasional sermons which are preached on week evenings or holy-days, and at other times either with or without the full services of the Church. — ^. E. D, LECTURER {prceledor). In London and other cities there are lecturers who are assistants to the rectors of churches in preaching, &c. These lecturers are often chosen by the vestry or chief inhabitants of the parish, and are usually the afternoon preachers. The law requires that they should have the consent of those by whom they are employed, and likewise the appro- bation and admission of the ordinary ; and they are at the time of their admission to subscribe to the Thirty-Nine Articles of 2 68 LEGACY— LEGATE. e religion. They are to be licensed by the bishop as other minis- ters. ISTo one can be a lecturer without a licence from a bishop or archbishop ; but the power of a bishop, &c., is only as to the qualification and fitness of the person, and not as to the right of the lectureship ; for if a bishop determine in favour of a lecturer, a prohibition may be granted to try the right. Where lectures are to be preached or read in any cathedral or collegiate church, if the lecturer openly, at the time aforesaid, declare his assent to all things in the Book of Common Prayer it shall be sufhcient, and university sermons or lectures are excepted out of the act concerning lecturers. There are lectures founded by the donations of pious persons, the lecturers whereof are appointed by the founders without any interposition or con- sent of rectors of churches, &c., though with the leave and approbation of the bishop, such as that of Lady Moier at St. Paul's, &c. But such is not entitled to the pulpit without the consent of the rector or vicar in whom the freehold of the church is. The court will not issue a mandamus to a bishop to licence a lecturer without the consent of the incumbent, where the lecturer is supported by voluntary contributions, unless an immemorial custom to elect without such consent is shown. Nor will it grant a mandamus to the rector to certify to the bishop the election of a lecturer chosen by the inhabitants where no such custom is shown, though the lecturer has been paid out of the poor-rates. But such immemorial custom, if in fact it exists, is binding on the rector. — T. L. D. [See 7 & 8 Yict. cap. 59, and 13 & 14 Chas. 11. cap. 4, sees. 19 & 20; also G, L. G. G,, pp. 151-163.] LEGACY, in an ecclesiastical sense, was a soul-seat, a bequest to the church, or accustomed mortuary, which was to hold good even though the testament itself were declared null and invalid. — K G. G. LEGANTINE CONSTITUTIONS. Ecclesiastical laws en- acted in national synods held under Cardinals Otho and Othobon in the reign of Henry III. — S. E. D. LEGATE. A prelate whom the Pope sends as ambassador to any sovereign prince. There are three kinds of legates, viz., legates a latere, legates de latere, and legates by office, or legati nati. Of these the most considerable are the legates a latere ; such are those whom the Pope commissions to take his place in coun- cils, who are thus called, in regard the Pope never gives this LEGATUS— LE:^T. 269 office to any but his greatest favourites and confidants, who are always at his side a latere, that is, to the cardinals. A legate a latere may confer benefices without mandate, legi- timate bastards to hold offices, and has a cross carried before him as the ensign of his authority. The legates de latere are those who are not cardinals, but are yet intrusted with an apostolical legation. Legates by office, legati nati, are those who have not any particular legation given them, but who, by A^rtue of their dig- nity and place in the church, become legates. But the autho- rity of these legates is much inferior to that of the legates a latere. The power of a legate is sometimes also given without the title ; some of the nuncios are invested with it. — E. C. (7. [See I & 2 Philip and Mary, cap. 8, and 2 & 3 Philip and Mary, cap. 4, sees. 10 & 11.] LEGATUS NATUS. Special licences for marriage were originally a privilege of the Archbishop of Canterbury as legatus natus of the Pope. [See Legate, as above.] LEGEND. The books containing lessons to be read in the public service taken out of the Holy Scriptures, the lives of saints, the writings of the ancient fathers, and other doctors of the Church.—^. E. L, LENT {Quadragesima), a time of mortification during the space of forty days, wherein Christians are enjoined to fast in commemoration of our Saviour's miraculous fasting so long in the desert, and by way of preparation for the feast of Easter. According to St. Jerome, St. Leo, St. Augustine, and others, Lent must have been instituted by the apostles. Their way of reasoning is thus : Whatever is generally received throughout the whole Church, and whose institution we do not find in any council, must be esteemed to have been established by the apostles. ISTow such, they say, is the fast of Lent. Its institution is not spoken of in any council ; but many of the ancient councils, particularly that of iTice, that of Laodicsea, &c. , and some of the oldest fathers, particularly Tertullian, speak of it as a thing of some standing. The ancient Latin monks had three Lents : — the grand Lent before Easter ; another before Christmas, called the Lent of St. Martin ; and a third after Whitsunday, called the Lent of St, John Baptist ; each of which consisted of forty days. The Greeks, besides that before Easter, observed four others — ^that of the Apostles, of the Assumption, of Christmas, and of 2 70 LESSER LITANY— LETTERS PATENT. the Transfiguration ; but they reduced each of them to the space of seven days. The Jacobites added a fifth, which they call the Repentance of Nineveh ; and the Maronites a sixth, called the Exaltation of the Holy Cross. By the gth. canon of the eighth Council of Toledo it is ordained, " That if any persons, without evident necessity, eat flesh in Lent, they shall be deprived the use of it all the rest of the year." The forty days in Lent, say some, are observed in remem- brance of the forty days wherein the world was drowned ; or, as others say, of the forty years wherein the Jews wandered in the desert ; others, of the forty days allowed Nineveh for repent- ance ; others, of the forty stripes by which malefactors were to be corrected ; or the forty days fasted by Moses at the receiving of the law ; or the forty days fasted by Elias ; or the forty days fasted by our Saviour.—^. G. C. [See B. D. D, H. T.] LESSER LITANY. The Lord, have mercy," &c., ushering in the prime and compline functions. LESSER OBLATION. The unconsecrated elements; the alms at the Holy Eucharist. LESSONS ACT, PRAYER-BOOK, NEW TABLES OF. By 34 & 35 Victoria, cap. 37, 187 1, new tables of proper lessons, and of daily first and second lessons at morning and evening prayer, are substituted for those hitherto in use, and power is given to the bishop to alter the appointed psalms and lessons for any other day on all occasions in which he will judge that such alterations will conduce to edification. The statute contains a proviso that the table of lessons hitherto in legal use may at any time, prior to the ist January 187 1, be followed in lieu of the table thereby substituted for them. LETTERS OF ABSOLUTION (Literce ahsolutorice). Absol- vatory letters were such in former times when an abbot released any of his brethren ab omni subjedione et obediential &c., and made them capable of entering into some other order of reli- gion.— T. L. D. LETTERS OF ORDERS. A document signed by the bishop, with his seal appended, certifying the ordination of the clergy- man whose name is therein mentioned. [See Canons 39 & 137, and 4 Hen. YII. cap. 13 ; also Deacons' Orders.] LETTERS PATENT {Literce patentes), sometimes called letters overt, are writings of the sovereign sealed with the great seal of England, whereby a person is enabled to do or enjoy that which otherwise he could not ; and so called because they are open with the seal affixed, and ready to be shown for confirma- LETTEES SYNODICAL— LICENCE. 271 tion of the authority thereby given. — T, L. D. [See 31 Hen. VIII. cap. 9, and 25 Hen. YIII. cap. 21, sec. 29. LETTERS SYNODICAL. Letters sent forth by the various Church Councils announcing what they have done. LEVITIOAL DEGREES are degrees of kindred within which persons are prohibited to marry, as set forth in the i8th chapter of Leviticus. [See Degkees Forbidden, Book of Common Prayer.] LIBEL IN THE ECCLESIASTICAL COURT is the decla- ration or charge drawn up in writing on the part of the plaintiff. LIBERTAS ECCLESIASTICA. This is a frequent phrase in our old writers to signify Church liberty or ecclesiastical immunities. The right of investiture, extorted from our kings by force of papal power, was at first the only thing challenged by the clergy as their lihertas ecclesiastica ; but by degrees, under weak princes and prevailing factions, under the title of " Church liberty," they contended for a freedom of their persons and possessions from all secular power and jurisdiction, as appears by the canons and decrees of the council held by Eoniface, Archbishop of Canterbury, at Merton, a.d. 1258, and at London, A.D. 1260, &c. — T, L. D, LICENCE. A legal permission granted to a person who would not otherwise be entitled to do that which the licence specifies and enables him to do, as, for instance, the licence of a curate to ofiiciate in a parish, that of a lay reader to do certain ecclesiastical acts, and the authorisation for getting married without the publication of banns. LICENCE OP MARRIAGE. Bishops have power to grant licences for the marrying of persons ; and parsons marrying any person without publishing the banns of matrimony, or without licence, incur a forfeiture of ^100. — T. L. D, [See 4 Geo. lY. cap. 76, sec. 14.] LICENCE TO A PERPETUAL CURACY, COPY OF. " by divine providence or permission (as the case may be), lord archbishop, or bishop (as the case may be), to our well-beloved in Christ, , clerk in holy orders, , greeting : We do by these presents give and grant to you our licence and authority to perform the office of perpetual curate in the parish of , in the county of , and within our diocese and jurisdiction, as the incumbent of the said benefice , and for which office you have been nominated unto us by the , in reading the common prayers, in preaching the Word of God, in performing other ecclesiastical duties belonging to the said office according to the form prescribed in the Book of Common Prayer made or 272 LIGHTS OX THE ALT AE— LITANY. published by the authority of parliament and the canons and constitutions in their behalf lawfully established and promul- gated, and not otherwise or in any other manner. You having just before Us made and subscribed the declarations and taken the oaths provided to be made, subscribed, and taken, and also having first taken the oath of canonical obedience to Us and our successors, archbishops or bishops (as the case may be), in all things lawful and honest ; and We do by these presents commit unto you the care and government of the souls of the parishioners within the said curacy. In testimony whereof we have here- unto set our seal and caused our archiepiscopal or episcopal seal (as the case may be) to be affixed. Dated the day of in the year of our Lord , and of our consecration or translation LIGHTS ON THE ALTAR. Two lights upon the altar are enjoined by the laws and sanctioned by the usage of the Church. The laws of the Church on this subject are as follows : — The rubric immediately preceding the Order for Morning and Evening Prayer daily throughout the year " stands thus — " And here is to be noted, that such ornaments of the church, and of the ministers thereof, at all times of their minis- tration, shall be retained, and be in use, as were in this Church of England, by authority of parliament, in the second year of the reign of Edward YI." The injunctions of King Edward YI. set forth in 1547, expressly order " that all deans, archdeacons, parsons, vicars, and other ecclesiastical persons, shall suffer, from henceforth, no torches nor candles, tapers, or images of wax, to be set before any image or picture. But only two lights upon the high altar, before the sacrament, which, for the signification that Christ is the very true light of the world, they shall suffer to remain still." LINEN CLOTH. Eor thirteen hundred years, at the least, it has been customary to use a white linen cloth for covering the elements on the altar at the Holy Communion. And in agreement with so venerable and reasonable a custom, the Epis- copal Church ordains that the altar, at the communion time, shall have a " fair white linen cloth upon it." It is also ordered that, after all have received the communion, the minister shall place on the Lord's table "what remaineth of the consecrated elements, covering the same with a fair white linen cloth." — S. K D. LITANY. An old Church term applied to the processions, LITANY STOOL— LITER.E FOEMAT^. 273 prayers, and supplications used for appeasing the wrath, of God, averting His judgments, or procuring His mercies. Ecclesiastic authors and the Roman order by the word litany ^ usually mean the. people who compose the procession and assist at it ; and Du Cange observes that the word anciently signified procession. Simeon of Thessalonica mentions that in the ancient litanies the people used to go out of the church by way of signifying their fall in Adam, and to return into it again to express the return of the pious soul to God by repentance. On occasion of a plague that ravaged Rome in the year ^ 590, Pope Gregory appointed a litany or procession, consisting of seven bands or companies who, marching from the several churches of the city, met at St. Mary Major. The first company consisted of the clergy, the second of abbots with their monks, the third of abbesses with their nuns, the fourth of children, the fifth of laymen, the sixth of widows, and the seventh of married women ; and from this general procession that of St. \ Mark, called the grand litany, is judged to have taken its rise. Litany, in a modern sense, denotes a form of prayer sung or said in churches, consisting of several periods or articles, at the end of each of which is an invocation in the same terms. — K a a In the original arrangement the litany formed a distinct ^ service, not used at the time of the other services ; and by virtue of the Shortened Form of Services Act, 1872, may now be so used. Formerly a rubric required that, " after morning prayer, the people being called together by the ringing of a bell and assembled in the church, the English litany shall be said after the accustomed manner;" and the 15th canon required that " every householder dwelling within half a mile of the church should come or send some one at least of his household fit ta join with the minister in prayers." — H, C. D. LITANY STOOL. A small low desk, or faldstool, at which the litany was formerly said, and is now used for the saying or singing of the litany in many of our ancient and modern churches. LITER.ffi FORMAT-ffi. According to the rules and practice of the ancient Church, no Christian could travel without taking letters of credence with him from his own bishop, if he meant to communicate with the Church in a foreign country. These letters were of several kinds, according to different occasions or the quality of the person who carried them. They are generally reduced to three kinds : commendatory, communicatory, and s 274 LITIGIOUS— LOCUTORIUM. dimissory. The first were such as were granted only to persons of quality, or to persons whose reputation had been called in question, or to the clergy who had occasion to travel in foreign countries. The second sort were granted to all who were in peace and communion with the Church, whence they were also called pacifical and ecclesiastical, and sometimes canonical. The third sort were given only to the clergy, when they were removing from one church to settle in another, and they were to testify that the bearer had the bishop's leave to depart, whence they were called dimissory. All these went under the general name of formed letters, because they were written in a particular form, with particular marks and characters, whereby they might be distinguished from counterfeits. — Bingham, [See also B, D, D, LITIGrlOUS is where a church is void, and two presentations are offered to the bishop upon the same avoidance, in which case the church is said to become litigious ; and if nothing further is done by either party, the bishop may suspend the admission of either of the clerks, and suffer a lapse to incur. — B, L, D. LITXJRGtY. This term was originally used to denote the service or form employed in the celebration of the Eucharist. In the Eastern churches that service was frequently called the divine or " mystical " liturgy ; while, in the Romish Church, though the term "liturgy" was used, yet the name "missa" was more common. At the present day, the word is employed to designate the ordinary prescribed service of the Church, either with or without the Communion Office. Liturgies have been different at different times and in different countries. We have the liturgy of St. Chrysostom, that of St. Peter, of St. Jam.es, the liturgy of St. Basil, the Armenian liturgy, the liturgy of the Maronites, the Roman liturgy, the Galilean liturgy, the English liturgy, the Ambrosian liturgy, the Spanish and African liturgies, &c. — S. E. D. and E. C. C. [See also B. D. H.T.; 2 & 3 Edw. YI. cap. i ; 5 & 6 Edw. VI. cap. I ; and 13 & 14 Chas. II. cap. 4.] LIVING-. In the Church of England an ecclesiastical bene- fice generally with charge or cure of souls. LOCUTORIUM. The monks and other religious in monas- teries, after they had dined in their common hall, had a with- drawing room, where they met and talked together among them- selves, which room, for that sociable use and conversation, they called locidoriuin^ from loquendo ; as we call such a place in our houses parlour, from the French jgarler ; and they had another LOLLAEDS— LOED'S-DAY. 275 room wliicli was called locutorium forinsemm^ where tliey miglit talk with laymen. — T, L, D, LOLLARDS are said to have had their name from one Walter Lollard, a German, who lived about the year 13 15. They were termed heretics, and began to abound in England in the reio^ns of King Edward III. and Henry Y., WyciifFe being the chief of them in this nation. — T, L. D. [See also B, D. D. H. T. ] 2 Hen. Y. cap. 7 ; and i Edw. YI. cap. 12.] LOED'S-DAY. By an act passed in the reign of Elizabeth, it was laid down that all persons not having reasonable excuse were to resort to the church (or some congregation for religious worship allowed by the laws of this realm) on every Sunday, on pain of one shilling for every omission. By several acts of parliament there are penalties inflicted upon persons exercising their worldly calling on the Lord's-day. King James I., in the "Book of Sports, 16 18," declared the following games to be lawful, viz. : — dancing, archery, leaping, vaulting. May-games, Whitsun-ales, and morris-dances ; and allowed the same to be used on Sundays after evening service ; but restraining all recusants from this liberty, and commanding each parish to use these recreations by itself ; and prohibiting all unlawful games, bear-baiting, bull-baiting, interludes, and bowling, by the meaner sort. And by statute passed in the time of Charles I., it was enacted that there shall be no con- course of people out of their own parishes on the Lord's-day for any sport or pastime, or any bear-baiting, bull-baiting, interludes, plays, or other unlawful exercises and pastimes used by persons within their own parishes, on pain of 3s. 4d. for each offence. By further statutes passed in the time of Charles IL, it was enacted that no arrest shall be made, nor process served, on the Lord's-day (except for treason, felony, or breach of the peace), but the service thereof should be void. This does not ex- tend to ecclesiastical processes, as citations or excommunications. The Lord's-day is not a juridical day ; therefore, when the return days are fixed on Sunday (as it often happens), yet the court never sits to receive the returns till the Monday following, for no proceedings can be had, or judgment given, or supposed to be given, on a Sunday. — B. L. D. [See 28 Edw. III. cap. 14 ; 1 2 Eich. II. cap. 6 ; 1 1 Hen. lY. cap. 4 ; 4 Edw. lY. cap. 7 ; 14 & 15 Hen. YIII. cap. 9 ; 5 Eliz. cap. 8 ; 2 James I. cap. 22, sec. 58 ; I Chas. I. cap. i ; 3 Chas. I. cap. 2 ; 29 Chas. II. cap. 7; 10 & II Will. III. cap. 24, sec. 14; 13 Geo. III. cap. 80, sec. 6; 21 Geo. III. cap. 49; and 34 Geo. III. cap. 61.] 2 76 LOEDS SPIEITUAL— MAGKA CHAETA. LORDS, SPIRITUAL. The archbishops and bishops sitting in the House of Lords. LOW SUNDAY. It was a custom among the ancients, upon the first Sunday after Easter-day, to repeat some parts of the solemnity of that great festival ; whence this Sunday took the name of Low Sunday, being celebrated as a feast, though of a lower degree than Easter- day itself. — S. E. D, LUKE (ST.) THE EVANGELIST'S DAY. A festival of the Church commemorative of St. Luke the Evangelist. LYCH GATE or CORPSE GATE. Formerly a gate with a shed over it near the churchyard, where the bearers sometimes rested when bringing a corpse for burial. — S. E. D. LYCHNOSCOPE. A narrow window near the ground, gene- rally at the south-west end of the chancel. M MAGNA CHARTA. The great charter of liberties granted first by King John, and afterwards with some alterations con- firmed in parliament by King Henry III. It is so called either for the excellency of the laws therein contained, or because there was another charter called the charter of the forest, which was the less of the two ; or in regard of the great wars and troubles in obtaining it. The said King Henry III., after it had been several times confirmed by him, and as often broken, at last, in the thirty-seventh year of his reign, confirmed it in the most solemn manner. He came into Westminster Hall, and, in the presence of the nobility and bishops, with lighted candles in their hands, magna charta was read; the king all that while laying his hand on his breast, and at last solemnly swearing, faithfully and inviolably to observe all things therein contained, as he was a man, a Christian, a soldier, and a king." Then the bishops extinguished the candles, and cast them to the ground, and every one said, " Thus let him be extinguished, and stink in hell, who violates this charter." Upon which the bells were set a ringing, and all persons by their rejoicings approved of what was done. Afterwards, King Edward I. , confirming this charter in the twenty-fifth year of his reign, made an explana- tion of the liberties therein granted to the people, adding some which are now called articuli super cliartas ; and in the con- firmation he directed that this charter should be read twice a year to the people, and sentence of excommunication be con- MAGISTER OPEEIS— MANDAMUS. 277 stantly denonnced against all that by word, or deed, or counsel, shall act contrary thereto, or in any degree infringe it. — B, L. D, Magna Charta is the basis of the English laws and liberties. It was thought to be so beneficial to the subject, and a law of so great equity in comparison of those which were formerly in use, that King Henry for the granting it had the fifteenth part of all the movable goods of the clergy and laity. Sir Edward Coke observes, " Magna Charta has been above thirty times confirmed." — E. C. G. [See 9 Hen. III. cap. i; 52 Hen. Ill cap. 5 ; 6 Edw. I. ; 25 Edw. I. ; also P. E. LJ\ MAGISTER OPERIS. An officer in a monastery usually designated master of the fabric, who probably looked after the buildings, and kept them in good repair — B. L. D. MAGNIFICAT. One of the hymns usually said or sung after the first lesson in evening service. MAII INDUCTIO. An ancient custom for the priest and people of country villages to go in procession to some adjoining wood on a May-day morning, and return with a May-pole, boughs, flowers, garlands, and other tokens of the spring. This May-game, or the rejoicing at the coming of the spring, was for a long time observed, and still is in some parts of England, but it was condemned and prohibited in the diocese of Lincoln by Bishop Grosthead. — T. L. D. MALEDICTION, MALEDICTIO. In law, a curse usually annexed to donations of lands, &c., to churches and religious houses, imprecating the most direful punishments on those who should infringe them. MANDAMUS is a writ issued in the queen's name out of the Court of Queen's Bench, and directed to any person, corporation, or inferior court of judicature, commanding them to do some particular thing therein specified, as appertaining to their office and duty. It is a high prerogative writ of a most extensively remedial nature. It lies to compel the admission or restoration of the party applying, to any office or franchise of a public nature, whether spiritual or temporal; it lies for the production, in- spection, or delivery of public books and papers ; for the sur- render of the regalia of a corporation ; to oblige bodies corporate to affix their common seal ; to compel the holding of a court : and for an infinite number of other purposes. More particularly, it lies to the judges of any inferior court, commanding them to do justice according to the powers of their office, v/henever the same is delayed : for it is the peculiar business of the Court of 2 78 MANDATE— MANIPULUS CUEATOEUM. Queen's Bencli to STiperintend all other inferior tribunals, and therein to enforce the due exercise of those judicial or ministerial powers with which the crown or legislature has invested them, and this, not only by restraining their excesses, but also by quickening their exercise of their judicial powers, and obviating or preventing their denial of justice. — B. L. D, [See also P. E, L, and P. C. G.^ pp. 384-386, &c.] MANDATE, MANDATUM, in the canon law, denoted a rescript of the Pope, by which he commanded some ordinary, collator, or presenter, to put the person therein nominated in possession of the first benefice vacant in his collation. An apostolical mandate for the provision of benefices was a monitorial and comminatory letter from the Pope to a bishop, by which he was enjoined to provide a subsistence for those who had been ordained by him or his predecessors, from the tonsure to sacred orders inclusively ; and to allow them this subsistence till they were provided of a benefice ; which practice was occasioned by the bishop's laying hands on great numbers, and afterwards abandoning them to misery and want. At first the popes only gave monitory mandates, which were no more than simple prayers and requests, that did not bind the ordinary ; afterwards they gave preceptory mandates, which did not annul the provisions of the ordinary ; at last they set up executory mandates, by which the provisions made by the ordi- nary, in prejudice of the mandate, were declared null ] and the executor of the mandate, in default of the ordinary, conferred the benefice on the mandatory ; but the Pope's power in issuing these mandates, so far as England is concerned, is annulled. — E. C. G. [See P. E. L., pp. 42, 56, 98, &c.] MANDATI DIES (Mandie or Maunday Thursday). The day before Good Friday, when were commemorated and practised the commands of our Saviour in washing the feet of the poor, &c. And our kings of England, to show their humility, long kept up the ancient custom on that day of washing the feet of poor men, in number equal to the years of their reign, and giving them shoes, stockings, and money. — T. L. D, MANIPLE or SUDARIUM. An oblong piece of embroidered silk, of the same colour as the chasuble of the day, folded double, passed over the left wrist, and hanging down like a miniature stole. In Anolo-Saxon times it was held in the hand, and still more anciently it was a plain white napkin. — S. E. D. MANIPULUS CUEATORUM. A handbook for those with MANSE— MAEEIAGE. 279 cure of souls, containing a collection of canons to be observed by tliem. — S. E. D. MANSE, MANSUS, MANSA or MANSUM (derived from manendo^ abiding, as being the place of dwelling or residence), in ancient law-books denotes a house or habitation, either with or without land. Capital manse, mansum ca^itale^ denotes the manor-house or lord's court. — E. C, G. MANSUS PRESBYTEEI. The manse or house of residence of the parish priest, being the parsonage or vicarage house. MANUAL. So called from manu, as being required to be constantly at hand. It seems to be the same as the ritual, and contains all things belonging to the ministration of the sacra- ments and sacramentals ; also the blessing of fonts, and other things by the use of the Church requiring benediction ; also the whole service used at processions. — B. E, L, MANUAL ACTS. These consist in the priest's (i) taking the bread with his hands, (2) breaking it, (3) laying his hands on all the bread, (4) taking the cup into his hands, (5) laying his hand on every vessel in which there is any wane to be con- secrated. It is peculiar to this celebration," says Bishop Cosin, that the death of our Lord is commemorated therein, not by bare words, as in other prayers, but by certain sacred symbols, signs, and sacraments, which are, according to St. Austin, a sort of * visible words.' " — Evan Daniel. MANUALIA BENEFICIA were the daily distributions of meat and drink to the canons and other members of cathedral churches for their present subsistence. — T. L. D, MARKING- CEOSS. A cross on altar linen, to show that it is exclusively devoted to sacred purposes. Altar cloths and cor- porals have generally five, in reference to the wounds of our Lord. Palls for the chalice have one. — S. E. D. MAEEIAGE. Cripps, in his laws relating to the Church and clergy, says, " Before the time of Pope Innocent III. there was no solemnisation of marriage in a church, but the man came to the woman's house and led her home to his own abode, which, was all the ceremony then used. By custom of the Anglo- Saxons the marriage ceremony was generally performed at the house of the bridegroom, to wdiich the bride had been previously taken. And there w^as a time in this country during which marriages were not solemnised in the face of the Church. During the usurpation marriages were solemnised before justices of the peace, but it was afterwards considered necessary to pass an act of parliament to confirm the validity of such marriages." 28o MAEEIAGE. Lord Stowell states, The opinions which have divided the world, or writers at least, on the subject of marriage, are gene- rally two. It is held by some persons that marriage is a con- tract merely civil, and by others that it is a sacred, religions, and spiritual contract, and only so to be considered. The juris- diction of the ecclesiastical court was founded on ideas of this last described nature ; but in a more correct view of the subject, neither view is perfectly accurate. According to juster notions of the nature of the marriage contract, it is not merely either a civil or a religious contract, and at the present time it is not to be considered as originally and simply one or the other. It is a contract according to the law of nature, antecedent to civil institutions, and which may take place to all intents and pur- poses wherever two persons of different sexes engage, by mutual contracts, to live together. Our first parents lived, not in poli- tical society, but as individuals without the regulations of any institutions of that kind.^' It was set forth by Magna Charta, 9 Henry III. cap. 6, that heirs should be married without disparagement ; and by 9 Henry III. cap. 7, it was enacted that a widow shall have her marriage inheritance and quarentine. Her dower was to be a third of the land of her husband, and no widow was to be con- strained to marry unless she wished. Any person convicted of marrying an heiress under fourteen years of age was to forfeit the dower, and to be imprisoned. Any heir of full age marrying without the licence of his lord, the lord was to hold his land beyond the term of his age, so as to receive the double value of the marriage. Any lords marrying heirs whom they had in ward, so that they were disparaged by such marriage, were to lose their wardship. [See 20 Hen. III. caps. 6, 7, & 9.] By 3 Edward I. cap. 22, the right of marriage of any one within age appertained to the lord of the fee. Heirs marrying without the consent of their guardians were subject to penalties chargeable upon their estates, and heiresses refusing a marriage tendered to them were subject to similar penalties. By 25 Henry YIII. cap. 22, entitled "An act concerning the king's succession," the marriage between the King and Queen Catherine was declared to be void, and the separation good. The queen was henceforth to be designated " Dowager to Prince Arthur," and not queen. The marriage between King Henry and Queen Anne was to be taken as good, and consonant to God's law. Marriage within the degrees prohibited by God's law were forbidden, and it was declared that ^* no man, of what MAERIAGE. 281 estate, degree, or condition whatsoever, liatli power to dispense with God's law, as all the clergy of this realm in convocation, and the most part of all universities in Christendom, and we also, do think." Persons marrying within the degrees prohibited were to be separated by the ordinary sentence. By 28 Henry YIII. cap. 7, a further explanation of the degrees prohibited was set forth. The 25th Henry YIII. confirmed the making of separa- tions good. In cases of marriage within the prohibited degrees, the issue of such marriages was declared to be illegitimate, and persons so married were commanded to be separated without appeal to Rome. By 32 Henry YIII. cap. 38, marriages law- fully solemnised were to stand good, notwithstanding pre- contracts. The enormity of avoiding marriages on the plea of pre-contracts was set forth, and the inconvenience of receiving dispensation from Rome pertaining thereto was declared. All persons were enabled lawfully to contract marriage who were not within the degrees prohibited by God's law. Marriages so contracted and solemnised in the face of the Church were declared to be indissoluble, notwithstanding any pre-contract. Divorces hitherto authorised by the Pope's law contrary to God's were disallowed. By 2 & 3 Edward YI. cap. 23, a part of the statute pertaining to pre-contracts was repealed and other portions of the statute were confirmed. By 6 & 7 William and Mary, cap. 6, sec. 24, a register of all marriages solemnised by deans, parsons, vicars, curates, and deacons within their re- spective precincts and parishes was to be kept, and directions as to the particulars of entry in the register were set forth, under a penalty for neglect of one hundred pounds. By i & 2 Philip and Mary, cap. 8, sec. 22, the provisions of the act 37 Henry YIII. cap. 14, enabling doctors of civil law being married to exercise ecclesiastical jurisdiction were repealed. By 3 1 Henry YIII. cap. 14, sec. 3, the marriage of persons received into the order of priesthood was forbidden. This was repealed by 5 & 6 Edward YI. cap. 12, entitled "An act touching the declara- tion of a statute made for marriage of priests, and for the legitimation of their children.'' Marriages may now be solemnised in churches and chapels in which they are autho- rised to take place by publication of banns of marriage, by licence, special licence, and by a superintendent registrar's cer- tificate. Seven days' notice of publication of banns must be given to the incumbent, incumbents, or officiating clergyman or clergymen, of the churches or chapels in which they are to be published, in which notice the names, places, and time of abode 282 MAEKIAGE. of the persons concerned must be accurately set fortli. If the parties to be married reside in the same parish, the publication of their banns is to take place in the church of that parish ; if they reside in different parishes, the publication of banns must take place in the churches of such parishes. The banns must be published on three several Sundays, during the time of morning service, or of evening service if there be no morning service, immediately after the reading of the second lesson, by the incumbent, curate, or officiating clergyman, after the accus- tomed manner, and in the following words : — " I publish the banns of marriage between M. of and iN" . If any of you know cause or just impediment why these two persons should not be joined together in holy matrimony, ye are to declare it," adding thereto, "this is the first,'' ''second," or *' third time of asking," as the case may be. The parties must continuously reside in the parish or parishes of the churches or chapels in which their banns are published during the whole time of their publication. The object and j)rinciples of publication of banns, under 26 George 11. cap. 33, were, according to the judgment of Lord Stowell, to designate the individual, in order to awaken vigilance of parents and guardians, and to give them an opportunity of protecting their rights. It is therefore required that in the publication of banns the names of the parties to be married should be accurately set forth, and their places of residences truly described. In the banns all baptismal names should be strictly and fully set forth. It is the duty of the clergy to use all reasonable care and diligence in ascertaining the accuracy of the information given to them as to the names and residences of the persons whose banns are to be published. As to parties dwelling in divers parishes, the rubric is as follows : — The curate of the one parish shall not solemnise matrimony betwixt them without a certificate of the banns being thrice called by the curate of the other parish, and by Canon 62, of 1603, it is declared that no minister, upon pain of suspension for three years, ipso facto, shall solemnise matrimony between any persons when banns are thrice asked, and no licence in that respect necessary, before the parents or governors of the parties to be married, being under the age of twenty-one years, shall either personally or by sufficient testimony signify their consents given to the said marriage ; and it has been considered that it is the minister's duty to be himself assured of the age of the parties or consent of the parents before he marries any couple by MAEEIAGE. 283 Lanns, otlienvise lie will be guilty of a breacli of the canon. But the law on this subject is more explicitly defined and expressed by 4 George lY. cap. 76, sec. 8, which says, "No parson, minister, vicar, or curate, solemnising marriages after the first day of November next, between persons, both, or one of whom, shall be under the age of twenty-one years, after banns published, shall be punishable by ecclesiastical censures for solemnising such marriage, without the consent of the parents or guardians, unless such parson, minister, vicar, or curate, shall have notice of the dissent of such parents or guardians, and in case such parents or guardians, or one of them, shall openly or publicly declare, or cause to be declared in the church or chapel where the banns shall be so published, at the time of such publication, his, her, or their dissent to such marriage, such publication of banns shall be absolutely void." By stat. 4, George TV. cap. 76, it is provided that if any persons shall knowingly and wilfully intermarry without due publication of banns, the marriage of such persons shall be null and void to all intents and purposes whatsoever. Upon which it has been decided that both parties must have been cognisant of the undue publication before the marriage was solemnised ; for it is not sufficient to show that the knowledge existed after the marriage had taken place ; so that, in fact, no marriage by banns is voidable on account of any mistake or error in the names of both parties, or even of the fraud of even one party, but the marriage can only be vitiated by such circumstances of wilful fraud and conspiracy between the contracting parties as would vitiate any transaction whatever. The marriage by banns, where, by the consent of both parties, the name of the man was falsely stated to be John, his baptismal name being Bower, naturally was, by the Court of Probate and Divorce (1862), declared to be null and void. With respect to the time which may elapse between the complete declaration of banns and the solemnisation of marriage, it is enacted that whenever the marriage shall not be had within three months after the complete declaration of banns, no minister shall proceed to solemnisation of marriage until the banns shall have been published on three several Sundays, in the form and manner prescribed, unless by licence duly obtained according to the provisions of the act. [See 4 Geo. lY. cap. 76, sec. 9.] The 12 th section of the same act provides that parishes in which there is no church or chapel, and extra-parochial places, ehall be deemed to belong to any adjoining parish, and banns of 284 MAEEIAGE. marriage between residents within such parishes and extra-paro- chial places may be published, and their marriages solemnised in the church of such adjoining parish. By section 13 of the same act it is further provided that persons resident in parishes where churches are demolished, or are under repair, may have their banns published and marriages solemnised in the church or chapel of the adjoining parish. Marriage by Licence. Without publication of banns mar- riage may take place by the licence of the ordinary or bishop of the diocese. The power of dispensing with banns is granted to the bishop both by common and statute law. [See 25 Hen. YIII. cap. 21, sec. 9, by which all bishops were allowed to dispense as they were wont to do.] The licence may be obtained at Doctors Commons, at the registry of the diocese, or from any surrogate for granting marriage licences. The licence may be granted on the application of either of the parties to be married. Sect. 14 of 4 George TV. cap. 76, provides : Before any such licence . be granted, one of the parties shall personally swear before the surrogate, or other person having authority to grant the same, that he or she believeth that there is no impediment of any kindred or alliance, or of any other lawful cause, nor any suit commenced in any ecclesiastical court to bar or hinder the proceeding of the said matrimony according to the tenor of the said licence, and that one of the said parties hath, for the space of fifteen days immediately preceding such licence, had his or her place of abode within the parish or chapelry within which such marriage is to be solemnised, and where either of the parties, not being a widower or widow, shall be under the age of twenty- one years, that the consent of the person or persons whose con- sent to such marriage is required under the provisions of the act hath been obtained thereto ; provided always that if there shall be no such person or persons having authority to give such con- sent, then, upon oath made to that effect by the party requiring such licence, it shall be lawful to grant such licence, notwith- standing the want of any such consent." The applicant for the licence must also swear to the correctness of the information given as to the names, residences, condition in life, and age of both parties to be married. Marriage may take place imme- diately after the granting of such licence, but if not solemnised within three months a new licence must be obtained. Marriage by Special Licence. Marriage may be solemnised by special licence. By stat. 25 Henry YIIL cap. 21, power is given to the Archbishop of Canterbury to grant faculties, dis- MAEEIAGE. 285 pensations, and. licences, as the Pope had done before. And by the same statute it is enacted that all children, the issue of such marriages, shall be admitted, reputed, and taken as legitimate in all courts and other places, and inherit the inheritance of their parents and ancestors. This archiepiscopal power of granting special licences was further set forth and confirmed by 4 George lY. cap. 76, sees. 20 & 21. Marriages may also be solemnised under the authority of a superintendent registrar's certificate. In order to obtain such certificate one of the parties must give a notice under his or her hand, in the form which is prescribed by the act, to the superintendent of the district within which the parties shall have dwelt for not less than seven days next preceding. Or if the parties live in different districts a like notice is to be given to the superintendent registrar of each district. The superintendent registrar is to file all such notices, and enter them in a book to be called the Marriage Notice Book, his fee for which is one shilling per entry. I^otices are to be transmitted to the Board of Guardians, where they are to be published three several times in three successive weeks at the weekly meeting of such guardians, unless in any case licehce for marriage shall be sooner granted, and a notice of this being granted shall be given to the clerk ; and if there be not succes- sive meetings of the guardians, then it is provided that the notice shall be read at any meeting of such guardians within twenty-one days' notice from the day of such notice being entered. In districts where there are no such guardians, and during the period when there are no such guardians, a copy of the notice, under the hand of the superintendent registrar, is required to be suspended in some conspicuous position in his office during twenty-one successive days before any marriage can be solemnised in pursuance of it. And the particulars of every such notice shall be sent by the superintendent registrar to every registrar of marriage within his district, and shall be open to the inspection of every one who shall apply at reasonable times to such registrar to inspect the same. Provided that the intended marriage has not been forbidden, and that no lawful impediment has been shown, the registrar may, after the expiration of twenty-one days after the entry of such notice of marriage, issue his certificate, which certificate must contain the particulars set forth in the notice and the de- claration, and that the full period of twenty-one days has elapsed, since the entry of such notice, and that the issue of such certi- ficate has not been forbidden. The fee to which the superin- 286 MAREIAGE. tendent registrar is entitled is one shilling for every such certificate. Whenever the marriage shall not have been had within three calendar months after the notice shall have been entered by the superintendent registrar, the notice and certificate, and all other proceedings pertaining thereto, shall be utterly void ; and no person shall solemnise marriage until a new notice, entry, and certificate be given as before. Provided that the preliminaries of marriage have been properly gone through, either as to publication of banns, obtainment of licence, special licence, or superintendent registrar's certificate, and that neither party in any way is disqualified to marry, there are five essen- tials to the due solemnisation of marriage according to the forms of the Church of England, i.e. — (i) the marriage must take place in the face of the church ; (2) it must be performed by an authorised minister of the church (3) according to all the rules prescribed by the rubric of the church, (4) within the canonical hours of eight and twelve in the forenoon, (5) and in the pre- sence of the proper number of witnesses. [See P. E. Z/., pp. 63^-^3 1> ^^^^ Li. 0. C, pp. 667-701 ; also B. D. D. H. T.\ Makriagb at a Eegistrar's Office. It was decided by the late Baron Aldersen that if a clergyman shall go through the marriage service without banns or licence, in the case of any parties who have previously entered into the marriage contract in a registrar's office, that he has committed no temporal offence, but might be liable to ecclesiastical censure, the question being one more for jurisdiction of the bishop than for adjudication in a temporal court of justice ; but since this decision it has been enacted that such service is legal, but that nothing in such service shall be held to supersede or invalidate the marriage so previously contracted, nor shall any such solemnisation of such marriage be entered as a marriage among the marriages in the parish register. [See 19 & 20 Yict. cap. 119, sec. 12.] Marriage, Eegistry of. By 4 George IV. cap. 76, and 6 & 7 William lY. cap. 86, provision is made for the due regis- tration of marriages. The registrar-general is to furnish every church or chapel in England wherein marriage may be legally solemnised a sufficient number in duplicate of marriage register books, printed according to the form prescribed by the act, and accompanied by forms for certified copies thereof. Every cler- gyman, immediately after the office of matrimony has been solemnised by him, is to register, in duplicate, in two of the marriage register books, the several particulars relating to the mjarriage, according to the form prescribed in the book, and MAEEIAGE 287 every sucli entry is to he signed by him, by the parties married, and by two witnesses, and is to be made in order from the beginning to the end of the book, and the number of the place of entry in each duplicate marriage register book shall be the same. Copies of entry in such duplicate marriage register books are to be made every quarter in the months of April, July, October, and January respectively, and are to be delivered to the superintendent registrar of the district in which such church or chapel may be situated, the fee for which, due to the rector, vicar, or curate, from the superintendent registrar, is sixpence for every entry containing any such certified copy. The penalty for neglecting to make these returns, after being duly required so to do, is to forfeit a sum not exceeding ;^io for every such offence. To ensure correct entries as to particulars of every marriage, the officiating minister, prior to or during the act of registration, may ask the married parties all such questions as are necessary to the due registration of the marriage ; and any parties who wilfully make false answers to the questions touching such particulars are declared guilty of perjury ; and any clergy- man who shall refuse, or without reasonable cause omit to register any marriage solemnised by him, or who shall carelessly lose or injure the register book, or allow it to be injured while in his keeping, shall forfeit ;^5o for every such offence. And if he shall wilfully destroy or injure such book, or any part or certi- fied copy thereof, or cause it to be destroyed or injured, or if he shall falsely make or counterfeit, or cause to be falsely made or counterfeited, any part of any such register book or certified copy thereof, or shall wilfully insert or cause to be inserted in any register book or certified copy thereof any false entry of any marriage, or shall wilfully give any false certificate, or shall certify any writing to be a copy or extract of any register book knowing the said register to be false in any part thereof, he shall be guilty of felony. If, however, the clergyman should discover any error to have been committed in the form or substance of any entry, he may, within one calendar month after discovering such error, in the presence of the parties married, or, in case of their death or absence, in the presence of the superintendent registrar and two other credible witnesses, who shall respectively attest the same, correct the erroneous entry, according to the truth of the case, by entry in the margin, without any alteration of the original entry, in which case he must sign the marginal entry, and add the day of the month and year when such correc- tion is made, and must make the like marginal entry, attested 288 MAREIAGE. in like manner, in the duplicate register book, and also make the like alteration in the certified copy of the register book ; or in case such certified copy has been already made, then he must make and deliver in like manner a separate certified copy of tlie original erroneous entry, and of the marginal correction therein made ; and if all this be properly done, then he will not be liable to any of the penalties before mentioned. Marriage, Form of Superintendent Eegistrar's Licence of : — " A. B., superintendent registrar of , to C. D. of , and E. F. of sendeth greeting : Whereas ye are minded, as it is said, to enter into a contract of marriage under the provisions of an act made in the seventh year of the reign of his Majesty King William the Fourth, intituled [here insert the title of this acf], and are desirous that the same may be speedily and publicly solemnised; and whereas you, C. D. [or you, E. F.], have made and subscribed a declaration under your hand that you believe there is no impediment of kindred or alliance, or other lawful hindrance to the said marriage, and that you [0. D. or E. F.] have [or has] had your [or his or her] usual place of abode for the space of fifteen days last past within the district of , and that you, C. D. [or E. F.], not being a widower [or widow], are [or is] under the age of twenty-one years, and that the consent of G-. H. , whose consent your [or his or her] marriage is required by law, has been obtained thereto [or that there is no person having autho- rity to give such consent] : I do hereby grant unto you full licence, accord- ing to the authority in that behalf given to me by the said act, to proceed to solemnise such marriage, and to the registrar of the district of [here insert the name of the district in tvhich the marriage is to he solemnised] to register such marriage according to law ; provided that the said marriage be publicly solemnised in the presence of the said registrar and of two wit- nesses within three calendar months from the [here insert the date of the entry in the notice hook of the superintendent registrar] in the [here descrihe the huilding in which the marriage is to he solemnised] between the hours of eight and twelve in the forenoon. Given under my hand this day of one thousand eight hundred and . (Signed) A. B., " Superintendent Registrar." [See 6 & 7 Will. lY. cap. 85.] Marriage, Legal Form of, in ^Nonconformist registered places of worship. Each party shall make the following declaration : — *^ I do solemnly declare that I know not of any lawful impedi- ment why I, A. B., may not be joined in matrimony to C. D." And each of the parties shall say to the other — I call upon these persons here present to witness that I, A. B., do take thee, C. D., to be my lawful wedded wife [or husband.]" [See 6 Will. lY. cap. 24, sec. 20.] Marriage, Registry of jSTonconformist Places of Worship FOR. Sec. 18 of 6 & 7 William lY. cap. 85, enacts, That any MAETYEIUM— MASS. 289 proprietor or trustee of a separate building, certified according to law as a place of religious worship, may apply to the superin- tendent registrar of the district, in order that such building may be registered for solemnising marriages therein, and in such case shall deliver to the superintendent registrar a certificate, signed in duplicate by twenty householders at the least, that such building has been used by them during one year at the least as their usual place of public religious worship, and that they are desirous that such place should be registered as afore- said, each of which certificates shall be countersigned by the proprietor or trustee by whom the same shall be delivered ; and the superintendent registrar shall send both certificates to the registrar-general, who shall register such building accordingly in a book to be kept for that purpose at the general register ofiice ; and the registrar-general shall indorse on both certificates the date of the registry, and shall keep one certificate with the other records of the general register office, and shall return the other certificate to the superintendent registrar, who shall keep the same with the other records of his office ; and the superintendent registrar shall enter the date of the registry of such building in a book to be furnished to him for that purpose by the registrar-general, and shall give a certificate of such registry under his hand, on parchment or vellum, to the pro- prietor or trustee by whom the certificates are countersigned, and shall give public notice of the registry thereof by advertise- ment in some paper circulating within the county, and in the * London Gazette ; ' and for every such entry, certificate, and publication, the superintendent registrar shall receive at the time of the delivery to him of the certificate the sum of ^^3." MARTYKIUM. A church dedicated to, and built over, the sepulchre of a martyr. MARTYROLOGY {Marty rologium), A book of martyrs, containing the lives, &c., of those who died for their religion. Also a calendar or register kept in religious houses, wherein were set down the names and donations of their benefactors, and the days of their death, that upon every anniversary they might commemorate and pray for them : such benefactors usually made it a condition of their benefice to be inserted in the Martyrology.— T. L. R MASS or MESSE, MISSA, in a religious sense, denotes the office or public prayers made in the Komish Church at the celebration of the Eucharist. (From the Latin Missa, because in the former times the catechumens and excommuni- T 290 MASS. cated were sent out of the churcli when the deacon said, He, missa est, after the sermon and reading of the epistle and gospel, they not being allowed to assist at the consecration. Menage derives the word from Missio, dismissing ; others from Missa, mission, sending ; because in the mass the prayers of men on earth are sent up to heaven.) There are a great variety of masses in the Romish Church ; the thing acquiring new titles and appellations according to the different rites, intentions, and manners in which it is performed, as well as other circumstances. Thus they have a Mass Ambro- sian, celebrated according to the rite of St. Ambrose, particularly used in Milan. Mass, English, was the form which anciently obtained in England. Mass, Latin, is that used in the Latin Church, in the Latin tongue, and according to the rites of the Latin Church. Mass, High, called also Grand Mass, is that sung by the choristers, and celebrated with the assistance of a deacon and subdeacon. Mass, Low, is that wherein the prayers are all barely rehearsed without any singing, and performed without much ceremony, or the assistance of any deacon and subdeacon. Mass of the Beata, or our Lady, is that offered to God by the means, and through the intercession, of the Virgin. Mass, Common, or Mass of the Community, in a monastery, is that celebrated at certain hours whereat the whole body assists. Mass of the Holy Ghost is that celebrated at the beginning of any solemnity or church assembly, commencing with an invo- cation of the Holy Ghost. Mass Holy-day is that wherein certain prayers or lessons are read suitable to the day. Mass of J udgment w^as that wherein a person cleared him- self of any calumny by some proof agreed upon. Mass of the Dead, or Requiem, is that performed at the request of the deceased, the introit whereof begins with Requiem. In the thirteenth century it was the custom, ere criminals w^ere carried out to execution, to make them attend at a mass of the dead, rehearsed for the repose of their souls. Mass, Parish, or Great Mass, is that which the parson is obliged to rehearse to the parishioners on Sundays and holy-days. Mass, Little, is that said at private altars with less ceremony. The first mass is that said at break of day. MASS PRIEST— IVIATIKS. 291 Mass of a Saint is that wherein God is invoked by tlie inter- cession of some saint. Thus there are also masses of apostles, martyrs, pontiffs, virgins, &c. Mass of Scrutiny was formerly rehearsed at the examination of catechumens, when inquiry was made as to their disposition for baptism. Mass, Dry, is that where there is no consecration, as that, according to Durandus, where the priest cannot consecrate by reason of his having said mass before on the same day ; or that used by the candidates of the priesthood in order to their becom- ing acquainted with the ceremonies, as Eckius will have it. Mass, Yotive, is an extraordinary mass besides that of the day, rehearsed on some extraordinary occasion. — E. C. C. [See 31 Hen. YIII. cap 14; 13 Eliz. cap. 2; 30 Chas. 11. stat. 2; II & 12 Will. III. cap. 4.] MASS PRIEST. In former times secular priests, to distin- guish them from the regulars, were called mass priests, and they were to officiate at the mass, or in the ordinary service of the Church, hence messe preost, in many of our Saxon canons, for the parochial minister, who was likewise sometimes called messe thegne, because the dignity of a priest in many cases was thought equal to that of a thein or lay lord. But afterwards the word mass priest was restrained to stipendiaries retained in chantries, or at particular altars, to say many masses for the souls of the dead.— 7; L. D, MASTER OF THE FACULTIES {Magister facultatum). An officer under the Archbishop of Canterbury, who grants licences and dispensations. Applications are to be made to this officer for the admission or the removal under any special circum- stances of notaries. [See P. E. Z., pp. 1201, 1232, 1237, &c.] MASTER OF THE TEMPLE. The founder of the order of Knights Templars and his successors were called Magni Templi Magistri^ and probably from hence he was the spiritual guide and director of the Temple. The master of the Temple here was summoned to parliament anno 49 Henry III. The chief minister of the Temple Church in London is now called Master of the Temple.— 7\ L. D. MATINS. The ancient name for early morning prayers, which usually began about daybreak. The hours of prayer in the Church of England before the Reformation were seven in number, viz., matins, the first or prime, the third, sixth, and ninth hours, vespers, and compline. The office of matins or morning prayer, according to the Church 292 MATEICULA— MENSALIA, of England, is a judicious abridgment of her ancient services for matins, lauds, and prime. The office of matins or morning prayer, according to tho English ritual, may be divided into three principal parts. First, the introduction, which extends from the beginning of the office to the end of the Lord's Prayer ; secondly, the psalmody and reading, which extends to the end of the Apostles' Creed ; and thirdly, the prayers and collects, which occupy the remainder of the service. — H, C. D, MATRICULA. A register, as in the ancient Church there was matricula clericorum, which was a catalogue of the officiat- ing clergy ; and matricula ;pauperum, a list of the poor to be relieved ; hence to be entered in the register of universities is to be matriculated, &c. — T. L. D, MATRIMONIAL CAUSES, or injuries respecting the rights of marriage, are a branch of the ecclesiastical jurisdiction. MATRIX ECCLESIA. The mother church, which is either a cathedral in respect of the parochial churches within the same diocese, or a parochial church with respect to the chapels depending on it, and to which the people resort for sacraments and burials. — T. L. D. MAUNDAY THURSDAY. The Thursday preceding Easter- Day, commemorative of the institution of the Lord's Supper. Formerly it was the custom on this day for bishops, sovereigns, and nobles to wash the feet of the poor. It is still the custom on Maunday Thursday for the lord almoner to distribute certain royal donations to the poor in the Eoyal Chapel at AYhitehall. A service is held in connection wdth this almsgiving, consisting of appropriate psalms, lessons, anthems, and special prayers. MEASON-DUE (Fr. Maison de Dieu ; Lat. Domus Dei). A house of God, a monastery, religious house, or hospital. The word is mentioned in 39 Elizabeth, cap. 5, sec. i. — T. L. D, MENDICANTS (beggars). A term applied to several orders of religious, wdio lived on alms and went begging from door to door. There were four ancient orders which passed principally by the name of the four mendicants : the Carmelites, Jacobines, Fran- ciscans, and Augustins. Among the number of mendicants were also ranked the Capu- chins, Eecollects, Minims, and others, who were branches or derivations from the former. The mendicants, at their first establishment, were rendered incapable of having any revenues. — E, C. C. MENSALIA. Such parsonages or spiritual livings as w^ere METHODISTS. 293 united to tlie tables of religious houses, and called mensal bene- fices among the canonists ; and in this sense it is taken where mention is made of appropriations ad mensam suam, — T. L. D. METHODISTS. A religious body which traces its origin to the Kev. John Wesley, a presbyter of the Church of England. Wesley was born June 17, 1703 ; was ordained deacon in 1725, by Dr. Potter, Bishop of Oxford; and on September 22, 1728, was admitted to the priesthood by the same prelate, who subse- quently became Archbishop of Canterbury. It would appear that about that period there was, in large portions of England, a deficiency of zeal, devotedness, and strictness of life, which, in later times, have become so happily developed in the communion of the Anglican Church. As early as the year 1727 Charles Wesley (brother of John) had become deeply serious, receiv- ing the Sacrament of the Lord's Supper w^eekly, and had pre- vailed on two or three of his fellow-students in the University of Oxford to do the same. These young men were in the habit of occasionally meeting together to arrange their studies and other employments by certain rules, which soon procured them the distinguishing title of Methodists. In i^ovember 1729 John Wesley came to Oxford, and with Messrs. Morgan, Kirkman, Ingham, Broughton, Clayton, Hervey, Whitefield, &c., began ^'a regular observance of the fasts of the Church.'' It is said that " they were all zealous members of the Church of England ; not only tenacious of all her doctrines, as far as they yet under- stood them, but of all her discipline, to the minutest circum- stances." They proposed, it should be observed, not the forma- tion of a new sect, but simply the carrying out, with renewed fidelity and earnestness, the established principles and usages of the Church of which they were members ; and they especially devoted themselves to works of love, charity, and mercy. The peculiar points in the organisation or constitution of the Metho- dist society remain substantially the same to the present day, with such modifications only as have been found expedient since the entire separation of the Methodists from the Church to which they originally belonged, and the wide extent to which the society has spread in various parts of the world. The doctrines held by the Methodists are, in the main, the same as those of the Church of which Mr. Wesley lived and died a presbyter, though some peculiarities also exist, which may be found in several of Mr. Wesley's sermons, and his Kotes on the New Testament."— aS. K D. [See P. G. G.y p. 366; also B. D. D, H. T.] 2 94 METROPOLITAX— MIXOE CANONS. METROPOLITAN. The bishop of the mother church, i.e,, the church from which others have branched ; an archbishop. MICHAEL (ST. ) AND ALL ANGELS. A festival observed by the Church (29th September) in thanksgiving to God for the benefits received by the ministry of holy angels. MILITANT. A term descriptive of the state of conflict of Christ's Church while here on earth. The Eomanists divide the Church into militant, patient, and triumphant. The militant is on earth, the patient or passive they say is in purgatory, and the triumphant in heaven. MILLENARY PETITION. A petition presented to James I., asking for the redress of certain ecclesiastical abuses. It was intended that 1000 ministers should have signed it, but the real number who did so appears to have been 825. MINOR CANONS. Priests in collegiate churches, next in rank to the canons and prebendaries, but not of the chapter, who are responsible for the performance of the daily service. In cathedrals of the old foundation they are not often found, their duties being generally performed there by the priest-vicars. There are minor canons at St. Patrick's, Hereford, and Chiches- ter, and formerly were at Salisbury ; and at all those places there are priest- vicars also, twelve minor canons at St. Paul's and seven at Windsor, where there are only lay-vicars besides. At Hereford they are responsible for the reading of the daily prayers, the vicars-choral for the litany and lessons, which seems to mark this office as being more presbyterial than that of the vicars. In the cathedrals of the new foundation there are no priest- vicars, but all the inferior clerical members are minor canons. They ought to be all priests, and skilled in church music, accord- ing to the statutes, a qualification required by the laws of all cathedrals. Formerly the minor canons were more numerous than now, being commensurate to the number of the preben- daries : e.g.^ twelve at Canterbury, twelve at Durham, ten at Worcester — a number by no means too great for the due and solemn performance of the service. They were in fact, but not in name, the vicars of the prebendaries. As the number of minor canons is generally but four or five, it would appear as if these offices were originally instituted to supply the place of the four junior canons, whose proper duty it was to perform the daily service of the choir. The minor canons of St. Paul and of St. Patrick formed cor- porate bodies, and had their common hall and collegiate build- ings in ancient times. There is also a college of vicars-choral at MmOE— MINSTKELS' GALLEEY. 295 St. Patrick's. At Hereford the minor canonries are held by priest-vicars, but they have separate estates, as minor canons, with designations, like prebendaries, for their individual stalls. It is enacted by sect. 45 of 3 & 4 Victoria, cap. 98, ^'that the right of appointing minor canons shall be in all cases vested in the respective chapters ; . . . that regulations shall be made for fixing the number and emoluments of such minor canons, in each cathedral and collegiate church ; that there shall not in any case be more than six nor less than two ; and that the stipend of each minor canon shall not be less than ^i^o per annum ; " and, by sec. 46, ^' no minor canon hereafter to be appointed in any cathedral or collegiate church shall be allowed to take and hold, together with his minor canonry, any benefice beyond the limit of six miles from such church." [See the above act ; also P. E. L.^ p. 233 ; 27 & 28 Yict. cap. 70 j and 29 & 30 Vict, cap. Ill, sec 18.] MINOR, in law, denotes a person yet under age, or who, by the laws of the country, is not yet arrived at the power of administering his own affairs, or the possession of his estate. Among us a person is a minor till the age of twenty-one, before which time his acts are invalid. Yet if a patron, &c., have a right of advowson, by the common law he may present at the age of fourteen years, and may of himself, and without his father or guardian, consent to any process relating to beneficiary matters. Hence, in the canon law, there is no title de minorihus^ and the reason is that the several ages whereat the common law declares him capable of a benefice, or of sacred orders, are so many species of canonical majorities. — E, C. C. MINSTEE. A church to which a monastery or an eccle- siastical fraternity has been or is attached. The name is applied occasionally to cathedrals, as in the case of York Minster. MINSTRELS' GALLERY. This gallery in a church, forming a sort of orchestra for the accommodation of vocal and instru- mental performers, though not uncommon in Continental churches, is very rarely met with in England. There is a gallery of this sort over the altar-screen at Chichester Cathedral, and another, much more remarkable, near the middle of the north side of the choir of Exeter Cathedral. It is supported upon thirteen pillars, between every two of which, in a niched recess, there is a sculp- tured representation of an angel playing upon some musical instrument. Among these we observe the cittern, bagpipe, harp, violin, pipe, tambourine, &c. The roof of Outwell Church, 296 MINUTE TITHES— MISSIONAEY. Norfolk, and the Minstrels' Column at Beverley, also exhibit a great variety of musical instruments anciently used in our churches independently of the organ and the regal, which was a small portable organ, having one row of pipes giving the treble notes, the same number of keys, and a small pair of bellows moved with the left hand. — S. E, D, MINUTE TITHES. Small tithes, such as (in England) usually belong to a vicar, as of wool, lambs, pigs, butter, cheese, herbs, seeds, eggs, honey, and wax. MISSA (the Mass). At first used for the dismission or send- ing away of the people, and hence it came to signify the whole church service or common prayer, but more particularly the Communion Service and the office of the sacrament, after those who did not receive it were dismissed. — T, L» D. MISSAL (missale). The mass-book, containing all things to be daily said in the mass. — B, D. D. H. T. [See 3 & 4 Edw. VI. cap. 10.] MISSJE PRESBYTER. A priest in orders. MISSA PRIVATA. A mass offered up by a priest for the re- pose of a departed soul, in the presence only of the assisting acolyte. MISSA SICCA. The dry service, neither communion nor consecration. It includes the prayer of oblation with the obla- tions omitted, concluding with one or more of the Post-Com- munion collects and the blessing. MISSA SOLITARIA. Solitary mass, i.e., a mass in which the priest alone receives, without any other communicants, and sometimes says the office alone without any assistants. Such are all those private and solitary masses in the Eoman Church which are said at their private altars in the corners of their churches, without the presence of any but the priest alone, and all those public masses, where none but the priest receives, though there be many spectators of the action. — S. E. D, MISSA VOTIVA. A mass celebrated in consequence of a vow. MISSION. A power and legal authority from Christ and His Church to preach the Gospel, and exercise the other functions of the sacred ministry. This is usually called the ministerial com- mission. More strictly, mission is the act which qualifies a clergy- man to officiate in a certain specified district, diocese, or parish. An ecclesiastical station or district in which one or more clergymen are placed to introduce and promulgate the religion of Christ. In a secondary sense, the term is applied to the body of clergy thus employed at any missionary station. — S. E. D. MISSIONARY. A clergyman, whether bishop, priest, or MISSUEA— MODUS DECIMANDI. 297 deacon, deputed or sent out by the ecclesiastical authority to preach the Gospel and exercise his other functions in places where the Church has hitherto been unknown, or in the infancy of its establishment. At first the term was generally restricted to those who were appointed to minister among the heathen or in foreign parts, but, by later usage, it embraced not only these but such also of the clergy as are engaged on the same service within the bounds of regularly organised dioceses. — S. JE. D. MISSURA. Singing the Nunc Dimittis, and performing other ceremonies to recommend the soul of a dying person to God. — T. L. D. MITEE, MITRA. A pontifical ornament, worn on the head by bishops and certain abbots on solemn occasions. The mitre is a round cap, pointed, and cleft atop with two pendants hanging down the shoulders. Abbots wore the mitre turned in profile, and bore the crosier inwards, to show that they had no spiritual jurisdiction without their own cloisters. The Pope has also granted to some canons of cathedrals the privi- lege of wearing the mitre. The Counts of Lyons are said to have assisted at church in mitres. In Germany several great families bear the mitre for their crest, to show that they are advocates or feudatories of ancient abbeys, or officers of bishops, &c. The Pope has four mitres, which are more or less rich accord- ing to the solemnity of the feast days they are to be worn on. —E. a c. MITRED ABBEYS. Those whose abbots wore the mitre. MITRED ABBOTS were those governors of religious houses who obtained from the Pope the privilege of wearing the mitre, ring, gloves, and crosier of a bishop. " The mitred abbots," says Cowell, " were not the same with the conventual prelates, who were summoned to parliament as spiritual lords, though it hath been commonly so held ; for their summons to parliament did not any way depend on their mitres, but on their receiving their temporals from the hands of the king." — T, L. D, MIXED TITHES are those which arise not immediately from the ground, but from things immediately nourished by the ground ; as by means of goods depastured thereupon, or other- wise nourished with the fruits thereof, as colts, calves, lambs, chickens, milk, cheese, eggs. — B. L, D. MODUS DECIMANDI In the Church of England, this is when lands or hereditaments have been given to the parson and his successors. — S. K D, 298 MONASTERIES— OEIGIN, DISSOLUTIOK MONASTERIES, ORIGIN OF. The origin of monks seems to have been this : — The persecutions which attended the first ages of the Gospel forced some Christians to retire from the world, and live in deserts and places most private and unfrequented, in hopes to find that peace among beasts which was denied them amongst men. And this being the case with some very extra- ordinary persons, their example gave so much reputation to retirement that the practice was continued when the reason ceased which first began it. After the Roman Empire became Christian, instances of the kind were numerous, and those whom security had obliged them to live separately and apart, became afterwards united into societies. And in this kingdom, in par- ticular, it is not unlikely but that several Christians, to avoid the heat of persecution which raged fiercely here in the time of Diocletian, about the year 303, might withdraw themselves into solitary places. The troublesome times which soon after followed, by the Romans' hard usage of the Britons, and the invasions of the Scots from Ireland, the Picts and Scots from the north, and the Saxons and Franks from the east and south, might possibly further incline contemplative persons to flee into caves, forests, and suchlike solitudes, and spend their time there in reading the Scriptures and in other duties of religion, though under no tie or vow but what they imposed upon themselves. — B. E. L. MONASTERIES, DISSOLUTION OF. About the year 1390 William of Wykeham, Bishop of Winchester, by the leave of the then Pope and king, bought the alien priories of Horn- church and Writtle in Essex, and settled them on his new college at Oxford ] and after the suppression of alien priories, Takely in Essex, and Hamele in Hampshire, were settled upon this college ; and Andover was settled upon his college at Winchester. About the year 1437 Archbishop Chicheley founded All Souls' College in Oxford, and got the revenues of several ancient priories to be settled thereon. About the year 1441 King Henry YI. founded the college at Eton, and King's College at Cambridge, and endowed them chiefly with alien priories. About the year 1459 William Wainfleet, Bishop of Winchester, founded Magdalen College in Oxford, and the priory of Sele or Attesele in Sussex, and the priory of Seleburne in Hampshire, settled on it. The hospitals also of Aynho and Brakeley in itsTorthamptonshire were united to this college in the year 1484. In the year 1497 John Alcock, Bishop of Ely, with the king's consent, suppressed St. Rhadegund's nunnery in Cambridgeshire, and Avith the MONASTEEIES, DISSOLUTION OF. revenues thereof founded Jesus' College there. In the year 1505 Margaret, Countess of Kichmond and Derby, founded Christ's College in Cambridge, and obtained the Pope's licence to suppress the abbey of Creyke in Norfolk, and to settle the revenues of it upon that college. About the year 1508 the same countess began to convert an ancient hospital or priory, dedicated to St. John the Evangelist, at Cambridge, into St. elohn's College, and her executors carried on the design. Bishop Eisher was one of them, and at his desire the nunneries of Hey- ham in Kent, and Broomhalle in Berkshire, and an hospital of regulars at Osprike were suppressed, and the revenues of them settled upon this college. In the year 15 15 Brazenose Col- lege in Oxford was founded, and William Smith, Bishop of Lincoln, bought the priory of Cold Norton in Oxfordshire, of the abbot and convent of Westminster, and gave the lands belonging to it to this new foundation. Not long after Cardinal Wolsey, by licence of the king and of the Pope, obtained a dis- solution of above thirty religious houses (most of them very small), for the founding and endowing of his colleges at Oxford and Ipswich. About the same time a bull was granted by the same Pope to Cardinal Wolsey to suppress monasteries where there were not above six monks, to the value of 8000 ducats a year, for endowing Windsor and King's College in Cambridge ; and two other bulls were granted to the Cardinals Wolsey and Campeius where there were less than twelve monks, and to annex them to the greater monasteries ; and another bull to the same cardinals to inquire about abbeys to be suppressed in order to be made cathedrals, although nothing appears to have been done in pursuance of these bulls ; and afterwards another bull was granted to the same two cardinals, with further powers relating to the new cathedrals ; for some of the dioceses were thought too large, and wanted much (as it was said) to be reduced, that the bishops might the better discharge their offices. But the promoting of learning seems to have heen the chief intent of Cardinal Wolsey, and of most others, in sup- pressing these houses, though probably some persons, both then and afterwards, promoted it with other views. Archbishop Cranmer particularly is said to have been much for it because he could not carry on the Eeformation without it ; and as the increase of learning had rendered the corruptions of the Church of Kome more visible, many others might also be against these houses, as nurseries of Popish superstition. But other things concurred to bring on their ruin, for — (i.) Many of the religious 300 MONASTEKIES, DISSOLUTION^ OF. -were loose and vicious, though probably not so bad as the visitors represented, for those that are to be run down will always be set in the worst light ; and the preamble to the first act of dissolution set forth that in the larger monasteries religion was well observed. (2.) The casting off the Pope's supremacy was urged for casting off the monks, who, notwith- standing their subscriptions, were generally thought to be against it in their hearts, and ready to join with any foreign power that should invade the nation, whilst the king was excommunicated by the Pope. (3.) Their revenues being not employed according to the intent and design of the donors, was also alleged against them. (4.) The discovery of many cheats in images, of many feigned miracles, and of counterfeit relics, brought the monks everywhere into disgrace, and contributed towards their over- throw. (5.) Perhaps the Observant friars being so much against tlie king's divorce from Queen Catherine, might exasperate him against all monks and friars in general. But (6.) not unlikely the great cause might be the king's want of a large supply, and the people's willingness to save their money, although it w^as certainly hastened by the account which the visitors gave of them. For after some debate in council how to proceed with these houses, the king appointed commissioners to visit them, and they made such a bad report that when a motion was shortly after made in parliament, that in order to support the king's state and supply his wants all the religious houses might be conferred upon the crown which were not able to spend above ;^2oo a year, it met with but little opposition in either house, and an act was passed for that purpose as followeth : — Foras- much as manifest sin, vicious, carnal, and abominable living is daily used and committed commonly in such little and small abbeys, priories, and other religious houses of monks, canons, and nuns, where the congregation of such religious persons is under the number of twelve persons, whereby the governors of such religious houses, and their convents, spoil, consume, and utterly waste as well as their churches, monasteries, priories, principal houses, farms, granges, lands, tenements, and heredita- ments, as the ornaments of their churches, and their goods and chattels, to the high displeasure of Almighty God, slander of good religion, and to the great infamy of the king's highness and the realm, if redress should not be had thereof : and albeit that many continual visitations have been heretofore had by the space of two hundred years and more, for an honest and charitable reformation of such unthrifty, carnal, and abominable livings, MONASTERIES, DISSOLUTIOISr OF. 301 yet, nevertheless, little or no amendment is hitherto had but their vicious living shamelessly increased, and by a cursed custom is so rooted and infected that a great multitude of the religious persons in such small houses do rather choose to rove abroad in apostasy than to conform themselves to the observa- tion of good religion ; so that without such small houses be utterly suppressed, and the religious persons therein committed to great and honourable monasteries of religion in this realm, where they may be compelled to live religiously, for reformation of their lives, the same also be no redress nor reformation in that "behalf. In consideration whereof, the King's Most Royal Majesty, being supreme head on earth under God of the Church of England, daily studying and devising the increased advance- ment and exaltation of true doctrine and virtue in the said Church, and the extirpation and destruction of vice and sin, having knowledge that the premises be true as well by the accounts of his last visitations, as by sundry credible informa- tions, considering also that divers and great solemn monasteries of this realm wherein, thanks to God, religion is right well kept and observed, be destitute of such full number of religious persons as they might and may keep, hath thought good that a plain declaration should be made of the premises, as well to the lords spiritual and temporal as to other his living subjects, the commons in this present parliament assembled. Whereupon the said lords and commons, by a great deliberation, finally be resolved, that it is, and shall be, much more to the pleasure of Almighty God, and for the honour of this His realm, that the possessions of such small religious houses now being spent, spoiled, and wasted, for increased maintenance of sin, should be committed to better uses, and the unthrifty religious persons so spending the same be compelled to reform their lives : thereupon it is enacted that his Majesty shall have and enjoy to him and his heirs for ever, all such monasteries, priories, and other religious houses of monks, canons, and nuns, of what kinds of habits, rules, or order soever they be, which have not in lands, tenements, rents, tithes, portions, and other hereditaments, above the clear yearly value of ;£2oo ; and also all such as within one year next before have been surrendered to the king or otherwise dissolved." By this act about 380 houses were destroyed, and a revenue of ;^3o,ooo or;^32,ooo a year came to the crown, besides about 100,000 in plate and jewels. Some say that 10,000 persons were hereby sent to seek their fortunes in the wide world without any other allowance than forty shillings and 302 MONASTEKIES, DISSOLUTION OF. a new gown to a few of them. Others say that such of the religious as desired to continue their profession were, according to the aforesaid act, allowed to go into the greater monasteries, and such as chose to go into the world being priests, had every one the above-mentioned allowance, and some of them for their readiness to surrender got small pensions for life. The suppres- sion of these houses occasioned great discontent, fomented probably by the secular as well as regular clergy, which at length broke out into open rebellion. But the rebellion being appeased, the king resolved to suppress the rest of the monas- teries, and thereupon appointed a new visitation, requiring the visitors to examine everything that related either to the con- versation of the religious or their affection to the king and the supremacy, or to their cheats, impostures, or superstitions, or how they were affected during the late commotions. This caused the greater abbeys to be surrendered apace, for some of the religious, having been faulty in the late rebellion, were liable to the king's displeasure, and surrendered their houses to save their lives. Some began to like the Reformation, and were, upon that account, easily persuaded to it. Others seeing their dissolution approaching had embezzled their revenues to such an extent that they were scarce able to keep up their houses. A great many more were executed for having been in the rebellion, and there is no doubt but that many were prevailed upon by the visitors, who endeavoured both by threats and promises to get their resignations. And in the end, by the act 31 Henry VIII. cap. 13, it was enacted as follows : — " All monasteries, abbathies, priories, nunneries, colleges, hospitals, houses of friars, and other religious and ecclesiastical houses and places, which have been surrendered or given up since the 4th day of February, in the twenty-seventh year of his Majesty's reign, and which hereafter shall be sur- rendered or given up, shall be vested in the king." There was also a clause respecting privileges and exemptions w^hich was not in the former act ; to wit, that such of them as were discharged from the payment of tithes should continue so, and such as were exempted from the visitation of the ordinary should become visitable by the ordinary or by such persons as the king should appoint. [See 31 Hen. YIII. cap. 13.] By this act no houses were suppressed, but all the surrenders wdiich either w^ere made or should be made were confirmed. The mitred or parliamentary abbeys were all in being, and most of the abbots present at tlie passing of it ; and yet none of them either opposed it or voted MONASTERIES, DISSOLUTION OF. against it, but were every one shortly brought to surrender, except the abbots of Colchester, Glastonbury, and Reading, who were therefore accused of high treason, attainted, and executed, and their abbeys were seized as forfeited to the king by their attainder. The next year a bill was brought in and passed for suppressing the Knights of St. John of Jerusalem, by which it is enacted as followeth : — " The lords, spiritual and temporal, and com- mons, in this present parliament assembled, having credible knowledge that divers and sundry the king's subjects, called the Knights of the Rhodes, otherwise called Knights of St. John's, otherwise called Friars of the religion of St. John of Jerusalem, in England, and of a like house being in Ireland, abiding in parts beyond the sea, and having yearly great sums of money out of this realm and out of Ireland and other the king's dominions, have, unnaturally and contrary to their allegiance, sustained and maintained the usurped authority of the Eishop of Rome ; and considering also that the isle of Rhodes, whereby the said religious took their name and foundation, is surprised by the Turk ; and that it were much better that the possessions in this realm and in other the king's dominions, appertaining to the said religion, should rather be employed and spent within the same, for the defence and safety thereof, than converted to and amongst such unnatural subjects ; it is therefore enacted that the corporation of the said religion in these realms by whatsoever name or names they be founded, incorporated, or known, shall be utterly dissolved and void to all intents and purposes." [See 32 Hen. YIII. cap. 24, sec. i.] " And the king, his heirs and successors, shall have and enjoy all that hospital, mansion house, church, and all other houses, edifices, buildings, and gardens to the same belonging, being near to the city of London, in the county of Middlesex, called the House of St. John of Jerusalem in England ; and also all that hospital, church, and house of Kilmainam in Ireland ; and all castles, honours, manors, measses, lands, tenements, rents, reversions, services, woods, meadows, pastures, parks, warrens, liberties, franchises, privileges, parsonages, tithes, pensions, portions, knights, fees, advowsons, commandries, preceptories, contributions, responsions, rents, titles, entries, conditions, covenants, and all other possessions and hereditaments which appertained to the said religion, or to the priors, masters, or governors, knights, or other ministers, professed of, and in the same, by the pretence or in the right of the said religion." [Sec. 4.] " And all privileges of sanctuary, heretofore used or claimed 304 M0NASTEKIE8 SUPPRESSED— MO^flTIOK in mansion houses and other places, commonly called St. John's Hold ; and all other sanctuaries belonging to any of the said hospitals, shall be utterly void and of none effect." [Sec. 12.] By the suppression of these greater houses by the two last recited acts the king obtained a revenue of above 100,000 a year, besides a large sum in plate and jewels. But the religious of these houses had almost all of them something given for their present subsistence, and pensions assigned them for life or until they should be preferred to some dignity or cure of greater value than their pensions. The last act of dissolution that was in this king's reign was the act for dissolving colleges, free chapels, chantries, and the rest, as followeth, 37 Henry YIII. cap. 4: — *^A11 colleges, free chapels, chantries, hospitals, fraternities, brotherhoods, guilds, and stipendiary priests, having continuance in perpetuity, and b iing charged or chargeable to the payment of first-fruits and tenths, which have been already surrendered or aliened by covin, or otherwise dissolved, shall be adjudged in the actual possession of the king, his heirs and successors ; and also all and singular, such and so m^ny as the king by his commission shall appoint, of the chantries, free chapels, hospitals, colleges, and other the said promotions, now in being together with all their possessions and revenues, charged or chargeable to the payment of first-fruits and tenths ; and all colleges chargeable or not chargeable to the said payment of first-fruits and tenths, which have lands and other possessions appointed by the donors for alms to poor people and other charitable deeds to be done." — B. E. L. [See also P. ^. i., p. 1495 ; D. H. T., and 9 Hen. III. cap. 33 ; 3 Edw. I. cap. i; 13 Edw. I. stat. i. caps. 41, 42, and 43; 35 Edw. I. stat. I, caps, i, 2, 3, and 4; 9 Edw. II. cap. 11 ; 27 Hen. YIII. cap. 28; 31 Hen. YIII. cap. 13.] MONASTERIES, &c., NUMBER SUPPRESSED. The nuni- bers of houses and places suppressed from first to last, so far as any calculations appear to have been made, seem to be as follow : — Of lesser monasteries whereof we have the valuation, 374; of greater monasteries, 186; belonging to the hospitallers, 48; colleges, 90; hospitals, no; chantries and free chapels, 2374; — total, 3182; besides the friars' houses and those sup- pressed by Wolsey, and many small houses of which we have no particular account. — B. E. L, MONITION. A formal notice from a bishop to one of his clerc^y, requiring the amendment of some ecclesiastical offence. [See B, D, D. 11, T.] MONK — MONUMEJN T. 305 MONK {monaclim, from the Gr. Movog). The first monks lived alone in the wilderness, where, it is said, they fled from persecution. They were afterwards divided into three ranks, Cenobitarium, i.e.^ a society living in common in a monastery, &c., under the government of a single person. These were under certain rules, and were afterwards called Regulars ; Ana- choretae or Eremitae were those monks who lived in the wilder- ness on bread and water; and Sarabaitae were monks living under no rule, and who wandered about in the world. The several orders of regular monks in England and "Wales were the Benedictines, the Cluniacs, and the Grandmontines. The Carthusians followed the rule of St. Benedict, but with the addition of many austerities ; the Cistercians, also a branch of the Benedictines, who were called white monks from the colour of their habits ; and the Savignians or Fr aires Grisei, so termed from their grey dress, another shoot from the Bene- dictine tree. The Tironenses, who were reformed Benedictines, had no house in England, but possessed an abbey in Wales. The above were all the orders in England and Wales except the Culdees or Cultores Dei^ who were Scotch monks, and of the same rule with the Irish, and who were only to be met with at St. Peter's in York.— L. D, [See also B. E. L.] MONOTONE. Saying any part of an office in a single tone. — 8. E, D. [See L. /. Z).] MONSIGNORE. A title given to persons holding the rank and precedence of bishops at the Court of Rome. MONSTRANCE or EXPOSITORY. In the Romish Church a sacred vessel (termed also the soleil, from its most usual form), ' in which the host is exhibited on solemn occasions to the gaze I of the people, being seen through a circular piece of glass or j crystal in the centre. It is of gold or silver, having generally radiations round it like the sun, with a lofty stem and a stand under it. — S. E. D. MONTH'S MIND. The monthly mass for one departed; the year's mind was the anniversary of a person's death. [See S, E. I),] I MONUMENT. Usually a material object or structure with which the memory of some remarkable event or person is designedly associated. By means of this the memory of the particular object for which the monument was made or erected is kept up in the minds of observers, and perpetuated from one age to another. Under the class of monuments of a religious 'character are memorial churches, altars, windows, school and u 3o6 MONUMENTAL FIGUEES IN CHUECHES. other buildings, besides the structures reared in cemeteries in commemoration of the dead. — S. E. D. Lord Coke says, concerning the building or erecting of tombs, sepulchres, or monuments for the deceased in church, chancel, common chapel, or churchyard, in convenient manner, it is lawful, for it is the last work of charity that can be done for the deceased. The defacing of them is punishable by the common law ; but the building or erecting of the sepulchre, tomb, or other monument, ought not to be to the hindrance of the celebration of divine service. With regard to gravestones, winding-sheets, coats of arms, pennons, or other ensigns of honour, hung up, laid, or placed in memory of the dead, the property remains in the executors, and they may have action against such as break, deface, or carry them away, or may indict for felony. — B. E. L. [See also C. L. C. (7., pp. 197, 452, &c. ; and P. E. Z/.] MONUMENTAL FIGURES IN CHURCHES. In old churches in England, particularly those in country parishes, may often be seen figures, in stone or marble, reclining on monumental sarcophagi. Antiquaries have ascertained that monuments of the earliest date are stone sarcophagi. Such very ancient monuments are without inscriptions, their form being the only guide to their probable date. It appears that it was not till the year 1160 of the Christian era that these stone coffins began to be ornamented. From that period, carvings, chiefly of a grotesque character, but occasionally of armorial bearings, appear on them. They are tlie earliest specimens of sculpture. Of figures there are various kinds. Those which have their hands laid on their breasts, with chalices in them, denote that the person commemorated was a priest. Prelates are always represented with their in- signia — pontificals, crosiers, or mitres. Knights, again, are to be known by their armour. Most of them are lying flat on their backs, and several with their legs crossed. In this case they have been either crusaders (from crux^ a cross) or married men ; beside the latter a statue of the wife is sometimes laid. The various descriptions of armour by which the effigies of ancient military men are covered are sure guides to the era of their existence. The most important class of sepulchres were 11 lose of saints and other holy persons wdio, on account of the great veneration in which they were held, were "enshrined,'' the shrines being usually placed on the east of the altar, though, when numerous, in any convenient part of the church. Accord- ing to the sanctity of the deceased so were his remains elevated MOEALITIES. al:)Ove the ground. The bodies of unsainted men of exemplary piety and mortification were placed on a level with the surface of the earth ; the coffins of saints of the second class rested on the flooring of the edifice, while the remains of the martyrs were elevated. Effigies of saints, usually carved in wood, are placed above the shrine to excite devotion. Monuments built up within the substance of walls are chiefly those of the founders of the chapel, or else of persons who had rebuilt that j)art of the edifice in which such mementoes are found. Tablets or figures fixed against the walls, or let into the pillars of churches, did not come into use till after the Eeformation. The actual burial- place of the founders of churches or chapels was the porch, for it was formerly the custom of worshippers on entering the sacred edifice to pray for the souls of its founders and benefactors. Thus Leofric, Earl of Mercia, and his celebrated Countess Godiva, were buried in the porch of the abbey church, Coventry, which they had founded. The heads of the religious houses were generally interred in their chapter-houses or the cloisters, and rectors or vicars in the close vicinity of the altar or in the chancel of the church to which they belonged. Lords of manors and patrons were often interred in the chancel, and sometimes within the rails. The most obvious guides to the date of tombs are, of course, inscriptions. As, however, many of these exist without giving any information regarding the time at which they were cut, consisting simply of an epitaph, the following facts, taken in connection with other evidences presented on the tomb itself, will lead to a near conjecture as to its age. During the first twelve centuries churchyard epitaphs were all written in Latin, and the first inscribed funeral monuments are those bearing the names of Romanised Britons in Cornwall or Wales. These are written in capital letters, but a small hand was introduced about the 7th century. Lombardic capitals became general on tombstones in the 13th century, when epitaphs in the French language began to appear, which continued to be used till the middle of the 14th century, generally in German- text letters. From that period vernacular English and Eoman print have been commonly employed for monumental inscriptions, though the clergy and learned laity, as might be expected, always pre- ferred the Latin. — Chamhei's' Edinburgh Journal, [See 59 Geo. in. cap. 134, sec. 40.] MORALITIES. Theatrical exhibitions given by the eccle- siastics of the -Middle Ages. They allegorised virtue and vice. 3o8 MOKEOW MASS— MOETMAIX. In mysteries scriptural persons and events were represented. In miracles the wonderful acts of martyrs and confessors. — S. E. D, ,MORROW MASS. The mass to be said on the day after a feast. MORTARIUM. A light or taper set in churches to burn over the graves or shrines of the dead. — T. L. D, MORTILEGIUM. A list of the deceased benefactors of a church or monaster v. — S. E. D, MORTMAIN (mortua manus) is where lands and tenements are given to any corporation, sole or aggregate, ecclesiastical or temporal, and is called mortmain, as coming into a dead hand, because the lords of them could receive nothing of the alianee any more than from a dead hand, but lost their escheats and services before due to them. By an act passed in the reign of George II. no lands or tene- ments, or money to be laid out thereon, shall be given for or charged with any charitable use whatsoever, unless by deed indented, executed in the presence of two witnesses, twelve calendar months before the death of the donor, and enrolled in the Court of Chancery within six months after its execution (except stocks in the public funds, which may be transferred within six months previous to the donor's death), and unless such gift be made to take effect immediately, and be without power of revocation ; and all gifts in any other manner or form shall be void : provided that this shall not extend to the two universities, or their colleges, or to the scholars upon the foun- dation of Eton, Winchester, and Westminster ; yet so that no college shall be at liberty to purchase more advowsons than are equal in number to one moiety of the fellows, or persons usually styled and reputed as fellows ; or where there are none such, then to one moiety of the students upon the respective founda- tions. If a man deviseth lands to trustees to be turned into money, and that money to be laid out in a charity, it is not good within the act, for it is an interest arising out of land. So a devise of a mortgage, or of a term for years to a charity, is not good ; for the words of the statute are that the land shall not be charged with any charitable use whatsoever. So also money given to be laid out in lands is expressly within the statute, but money given generally is not ; and the trustees are not restrained from laying out that money in land, if they think proper, provided that it be not required of them so to dispose thereof by the act of donation. — B. L, D. [See C. L, C, (7., pp. 256-269, P. E. i., MORTUARY— MOTHER CHURCH. 309 and 9 Hen. III. cap. 36 ; 7 Edw. I. stat. 2 ; 13 Edw. I. slat, i, caps. 32 & 33 ; 18 Edw. I. stat. i, cap. 3 ; 27 Edw. I. stat. 2 ; 34 Edw. I. stat. 3 ; 18 Edw. III. stat. 3, cap. 3 ; 15 Rich. II. cap. 5 ; 7 & 8 Will. III. cap. 37 ; 9 Geo. II. cap. 36 ; and i & 2 Philip and Mary, cap. 8, sec. 51.] MORTUARY. 1 3 Edward I. cap. 4, enacts that a prohibition shall not lie for mortuaries in places where mortuaries used to be paid. A mortuary was anciently called saule-sceat^ which signifies 'pecunia sepulchralis or symholum animce. After the Conquest it was called a corpse-present, or cors-present, because a beast of the deceased was presented with the body at the funeral, of w^hich see a learned discourse in the "Antiquities of Warwick- shire," fol. 679. A mortuary seems to have been originally an oblation made at the time of a person's death. In the Saxon times there was a funeral duty to be paid, which was called pecunia sepulcliralis and symholum animm^ or the soul-shot, which was required by the Council of ^nham, and enforced by the laws of King Canute; and this was due to the church which the party deceased belonged to, whether he was buried there or not. There is no mortuary due by law, but by custom. — T. L. D. In the reign of Henry VIII. mortuaries were commuted into money payments, which were regulated as follows : — " JSTo par- son, vicar, curate, parish priest, or other, shall, for any person dying or dead, and being at the time of his death of the value in movable goods of ten marks or more, clearly above his debts paid, and under the sum of ;^3o, take for a mortuary above 3s. 4d. in the whole. And for a person dying or dead, being at the time of his death of the value of ;£^o or above, clearly above his debts paid, in movable goods, and under the value of ;^4o, there shall no more be taken or demanded for a mortuary than 6s. 8d. in the whole. And for any person dying or dead, having at the time of his death of the value in movable goods of £40 or above, to any sum whatsoever it be clearly above his debts paid, there shall be no more taken, paid, or demanded for a mortuary than los. in the whole.'' The Welsh bishoprics and the diocese of Chester were excepted from the operation of this statute, and therefore subsequent acts were passed with respect to them. [See G. L. C. C; P. E. Z., pp. 873-78, and 21 Hen. YIII. cap. 6 ; 26 Hen. VIII. cap. 15 ; and 13 Edw. I. stat. 4.] MOTHER CHURCH. The oldest church in an ancient parish which has been ecclesiastically subdivided. 310 MOVABLE FEASTS— MUTA CANUM. MOVABLE AND IMMOVABLE FEASTS. Movable feasts are those which depend on the date of Easter-Day ; as it changes so they change. The Book of Common Prayer contains several tables for calculating Easter, and the following rules to know when the movable feasts and holy-days begin. — //. (7. D, "Easter-Day, on which the rest depend, is always the first Sunday after the full moon, which happens upon, or next after, the twenty-first day of March ; and if the full moon happens upon a Sunday, Easter-Day is the Sunday after. Advent Sunday is always the nearest Sunday to the feast of St. Andrew, whether before or after." Septuagesima \ ( Nine \ -yy-gg^g Sexagesima ( o j • ; Eight fir r\ ' ^ • )• bunday is ■< o ° V before Quinquagesima I J »5even I tt. - (Quadragesima j \ oix Rogation Sunday \ I Five Weeks \ Ascension-Day f • J Forty Days f After Whitsunday ( \ Seven Weeks I Easter. Trinity Sunday ) ( Eight Weeks ) MULLION. In pointed architecture one of the upright bars which divide the several lights in a window frame. MUNIMENT-HOUSE (munimen), in cathedral and colle giate churches, castles, colleges, or public buildings, is a house or little room of strength, purposely made for keeping the seal, evidences, deeds, charters, writings, &c., of such church, college, &c. Such evidences of title to estates, whether of public bodies or private persons, being called muniments (corruptly miniments), from mimio, I defend ; because inheritances and possessions are defended by them. [See L. J. D.] MUNIM:ENTS or MINIMENTS. The evidences or writings whereby a man is enabled to defend the title of his estate. The word muniment includes all manner of evidence, deeds, charters, &c. — JE. C. C. MUNIMINA, the grants or charters of kings and princes to churches, so called because by them they defended themselves against all those who would deprive them of those privileges. The word is formed from the Latin munio, I defend, strengthen. —E. c. a MUNUS ECCLESIASTICUM. The consecrated bread, out of which a little piece is taken for a communicant. — T, L. D. MUTA CANUM signifies a kennel of hounds. Ey the ancient law, upon the death of a bishop or abbot, the king was NAG'S HEAD FABLE. intitled to six things ; his best horse or palfrey, with its furni- ture ; his cloak or gown, and tippet ; his cup and cover ; his bason and ewer ; his gold ring ; and his muta canum, his mew or kennel of hounds. — B. L. D, NAG'S HEAD FABLE. A foolish story of the Eomanists, set forth for the purpose of discrediting the consecration of Archbishop Parker, and thereby invalidating the orders of the Church of England. The Romanists assert that the consecra- tion was irregular, both as to the place where it was performed, which they say was at the Nag's Head Tavern, Cheapside, and as to the manner of doing it. It is further objected that three of the four bishops then present were only bishops elect, and had no sees, and that the other was a suffragan. The story, which has long since been abundantly refuted, and which is now given up by the best authorities among the Romanists, was as follows : — The queen issued her warrant, directed to the Bishop of Llandatf; to Dr. Scory, elect of Hereford ; Dr. Barlow, elect of Chichester ; Dr. Coverdale, elect of Exeter ; and to Dr. Hodgkins, suffragan of Bedford. All these persons met at the Nag's Head Tavern, where it had been usual for the Dean of the Arches and the civilians to refresh themselves, after any confirmation of a bishop ; and there one Neale, who was Bonner's chaplain, peeped through a hole in the door, and saw all the other bishops very importunate with Llandaff, who had been dissuaded by Bonner to assist in this consecration, which he obstinately refusing. Dr. Scory bid the rest kneel down, and he laid the Bible on each of their shoulders and heads, and pronounced these words, " Take thou authority," &c., and so they stood up all bishops. This story was certainly invented after the queen's reign ; for, if it had been true, it is so remarkable that some of the writers of that time would undoubtedly have taken notice of it. But Bishop Burnet has discovered the falsity of it, from an original manu- script of the consecration of this very archbishop, which was done in the chapel at Lambeth, on Sunday the 1 7th of December, in the first year of the queen's reign, where Dr. Parker came a little after five o'clock in the morning, in a scarlet gown and hood, attended by the said four bishops, and lighted by four torches, and there, after prayers. Dr. Scory preached, and then the other bishops presented the archbishop to him ; and the mandate for his consecration being read by a doctor of the civil law, and he having taken the oaths of supremacy, and some prayers being said, according to the form of consecration then lately published, 312 NAME— ADMITTAS. all the four bishops laid their hands on the archbishop's head, and said, " Keceive the Holy Ghost,'' &c. And this was done in the presence of several other clergy. — S, E. D. NAME. The Christian name is given us in baptism. For the " Christian name " being given as a badge that we belong to Christ, we cannot more properly take it upon us than when we are enlisted under His banner. We bring one name into the world with us which we derive from our parents, and which serves to remind us of our original guilt, and that we are born in sin ; but this new name is given us at our baptism to remind us of our new birth, when, being w^ashed in the laver of regene- ration, we are thereby cleansed from our natural impurities, and become in a manner new creatures, and solemnly dedicate our- selves to God. So that the naming of children at this time hath been thought by many to import something more than ordinary, and to carry with it a mysterious signification. We find something like it even among the heathens, for the Romans had a custom of naming their children on the day of their lus- tration (that is, when they were cleansed and washed from their natural pollution), which was therefore called Dies nomincdis. And the Greeks also, when they carried their infants, a little after their birth, about the fire (which was their ceremony of dedicating or consecrating them to their gods), were used at the same time to give them their names. And that the Jews named their children at the time of cir- cumcision the Holy Scriptures (Gen. xxi. 3, 4; Luke i. 59, 60, ii. 21), as well as their own writings, expressly tell us. And though the rite itself of circumcision was changed into that of baptism by our Saviour, yet He made no alteration as to the time and custom of giving the name, but left that to continue under the new, as He had found it under the old, dispensation. Accordingly we find this time assigned and used to this purpose ever since, the Christians continuing, from the earliest ages, to name their children at the time of baptism. — H, C, D, [See also P. K L. and B. D. B, H. T.] NAVE [navis ecdesice), in architecture, denotes the body of a church, or the place where the people are placed, reaching from the rail or baluster of the choir to the chief door. — U. C. C. NE ADMITTAS is a prohibitory writ directed to the bishop at the suit of one who is patron of any church, if he suspects that the bishop wdll admit the defendant's or any other clerk pending the plea betwixt them, in which case a writ issues requiring the bishop not to admit [ne admittas) any clerk what- NEPOTISM— NOMINATIOK 3 1 3 soever to that clmrcli until the right shall be determined. — B. L, D, NEPOTISM. A word invented to express a peculiar charac- teristic of many high ecclesiastics in Koman Catholic countries, and more particularly of popes ; a propensity, namely, to aggran- dise their family by exorbitant grants and favours conferred on members of it — literally, on nephews {nepotes). Many of the highest and wealthiest families of the Koman nobility owe their elevation entirely to this species of patronage. — S. E. D, NEW PARISHES. These parishes are formed by a scheme of Ecclesiastical Commissioners and order of the Queen in Council with the consent of the bishop ; but in the case of an ecclesiastical district already in existence being other than the Peel district, where the incumbent has a right to perform and receive the fees for the offices of the Church other than for burials, thereupon the district becomes a new parish without any consents whatever. The Ecclesiastical Commissioners at their discretion may or may not require an endowment. The incum- bent and the parish are, for all ecclesiastical purposes, entirely independent of the mother church and parish, and the incum- bent is exclusively entitled to perform and to take all the fees pertaining thereto. The Ecclesiastical Commissioners may, if they think fit, authorise pew-rents in any parish so formed since July 29, 1856. The incumbent of the new parish has the exclusive cure of souls within its boundaries. The Ecclesias- tical Commissioners may, except in existing districts in which the patronage is already settled, assign the patronage, either in perpetuity or otherwise, to contributors of the endowment or the incumbent of the mother church. Until such patronage is legally vested, the crown and bishop nominate alternately. [See 6 & 7 Yict. cap. 37, sec. 14; 19 & 20 Yict. cap. 104, sees, i, 2, 14, & 15.] NICENE CREED. The creed agreed to by the Council of Kice, A.D. 325, and completed at Constantinople a.d. 381. [See B. D. D. H. T.] NICHE. A cavity, hollow, or recess in a wall or buttress for an image. It has generally a canopy over it, and a projecting bracket at the foot, on which the image is placed. — S, E, D, NOMINATION. The act of naming and appointing a person for some function, employ, or benefice. The word is chiefly used for the right of presenting to a benefice, &c. In common law, however, there is a diJBference between 314 NONAGIUM— N-QNCONFOEMISTS. nomination and presentation, the former Toeing properly a power which a man has, by virtue of a manor or otherwise, to appoint, or name a clerk to a patron of a benefice, to be by him presented to the ordinary. Nomination may be the offering of a clerk to him that may and ought to present him to the ordinary by reason of a grant made by him that hath the power of presenting obliging him thereto. The right of nomination may be in one person, and the right of presentation in another. It has been agreed that the nomination is the substance of the advowson, and the presenta- tion no more than a ministerial interest ; and if the presentor shall present without nomination, or the nominator present in his own person, each shall have his quare impedit for the security of their respective rights. And if the nominator neglect to appoint his clerk till lapse incurs, and then the patron present before the bishop collates, the bishop is bound to admit his clerk. — JE. C. C. [See 8 & 9 Vict. cap. 70, sec. 23.] NONAGIUM. Formerly a ninth part of movables paid to the clergy on the death of persons in their parishes, and claimed for the purpose of distribution for pious uses. — S. E. D, NONCONFORMISTS. Persons not conforming to the rites and ceremonies of the Church of England. Nonconformists were once liable to be punished by imprisonment, and to submit in three months or to abjure the realm ; and keeping a Noncon- formist in the house after notice, subjected the offender to the penalty of ;£io a month. In the reign of Queen Anne an act tolerating the episcopal communion in Scotland was passed, and in the reign of George II. several acts dealing with the subject were passed, by which episcopal meeting-houses in Scotland had to be registered, and a penalty imposed on unqualified ministers officiating in Scotland. Also episcopal ministers in Scotland had to be ordained by a bishop of England or Ireland. Peers and others present at unlawful meeting-houses in Scotland were disqualified from voting, and a form of affirmation had to be taken, instead of aR oath, by the members of the uaitasfratrum, and privileges granted to the members thereof who should settle in America. After the Revolution, it was enacted by the Toleration Act that the statutes made against Papists, with two exceptions, but the whole of which are now in effect repealed by the Roman Catholic Relief Act, should not extend to persons dissenting from the Church of England that should take the oaths of allegiance and supremacy, and subscribe the declaration against Popery. NO:Nr-JUEORS. 315 The acts for preventing mischief by Quakers and others refusing lawful oaths, for restraining Nonconformists from inhabiting in corporations, and to prevent and suppress sedi- tious conventicles, were repealed in the reign of George III. Subsequently, in the reign of George lY., that part of the acts, commonly called the Test and Corporation Acts, which required the persons therein described to receive the sacrament as a qualification for offices, was repealed ; and by sect. 2 all mayors, aldermen, recorders, and corporate officers are, within one month before or upon their admission to office, to make and subscribe the declaration set forth in the act, to the effect that they will not use the power or influence of their office to injure or weaken the Protestant Church, or disturb the bishops or clergy in the rights and privileges to which they are by law entitled. — T. L. D. [See B. D. D. H. T. and 35 Eliz. cap. i. ; 17 Chas. II. cap. 2 ; i Will, and Mary, sess. i, cap. 18 j 10 Anne, cap. 2; I Geo. L stat. 2, cap. 5, sees. 4, 6, 8, 9, & 10 ; 19 Geo. III. cap. 44; 25 Geo. III. cap. 75; 53 Geo. III. cap. 160; 4 Geo. IV. cap. 64, sec. 31; 52 Geo. III. cap. 155; 7 & 8 Yict. cap. 45 ; 10 Geo. lY. cap. 7.] NON-JURORS. In English history, that party among the clergy of the National Church who considered that they were so bound by their oath of allegiance to King James II. that, after his abdication, they could not take the oath of allegiance to William and Mary. As many of these clergy, at the same time that they opposed a conscientious resistance to the usurpations of James 11. , had nevertheless continued to preach submission to his authority, on the principle of his divine right by here- ditary succession to the obedience of his subjects, it became impossible for them with consistency to submit to a monarch crowned only by authority of parliament. Efforts were made, but without effect, for the adoption of some plan by which they might be excused from taking the oath. In consequence, eight bishops, besides the primate Sancroft, with about four hundred clergy, were excluded from their sees and benefices. The bishops thus ejected were Ken, Bishop of Bath and Wells ; Turner, of Ely ; Erampton, of Gloucester ; Lloyd, of Norwich ; White, of Peterborough ; Thomas, of Worcester ; Lake, of Chichester; and Cartwright, of Chester. These non- jurors denied the episcopal mission of those who occupied the place of the deprived bishops during their lifetime, and prepared the way for a division in the Church, not only by ministering privately among those who held their opinions, but by ordaining 3i6 NON-EESIDEXCE— NOTICE IN CHURCH. presbyters and consecrating bishops. A rival commnnion was thus maintained for more than a century. Dr. Gordon, who died in November 1779, is supposed to have been the last non- iuring bishop ; he left behind him two or three presbyters. [See D'Oyly's ''Life of Sancroft." — Procter on the Common Prayer.^ The members of the Episcopal Church in Scotland were long denominated non-jurors ; but upon the death of Prince Charles Stuart, in 1788, their bishops, and the great majority of the people, avowed their attachment to the royal family, and resolved to pray for the existing sovereign. — S. E. D. [See B. D, D, H. T. ; and i Will, and Mary, sess. i, cap. 8, sec. 16.] NON-RESIDENCE, in law, is applied to such spiritual per- sons as are not resident on, but absent themselves, for one month together or two at several times of the year, from their benefices or dignities. Regularly, personal residence is required of ecclesiastical per- sons upon their cures ; though there are some exceptions in favour of particular persons, as king's chaplains, bishops, &c. — E. C. 0. [See also P. E. i., p. 1144 ; and i & 2 Vict. cap. 106.] NOTARY-PUBLIC. A notary was anciently a scribe that only took notes or minutes, and made short drafts of writings, and other instruments both public and private. But at this day we call him a notary-public who confirms and attests the truth of any deeds or writings to render the same authentic. The law books give to a notary several names or appellations, as actuarius^ registrarius, scriniarius, and suchlike, and w^hich words are put to signify one and the same person. But in England the word registrarius is confined to the officer of some court, who has the custody of the records and archives of such court ; and is oftentimes distinguished from the actuary thereof. But a register ought always to be a notary-public, for that seems to be a necessary qualification of his office. A notary-public is appointed to this office by the Archbishop of Canterbury, who, in the instrument of appointment, decrees that " full faith be given, as well in as out of judgment, to the instruments by him to be made.'' Which appointment is also to be registered and subscribed by the clerk of his Majesty for faculties in chancery. — B. E. L. [See also P. E. L., pp. 1232-43.] NOTICE IN CHURCH. Where a parish clerk having re- fused to read a notice in church, and the party delivering it read it himself while the minister was cfoino: to the communion table, and no part of the service going on, and thereupon the defendant, a constable, took him from church, and detained him. KOVICE-NUXS. an hour till the service finished, and then let him go on, promis- ing to attend before a magistrate, it was held that though he was justified in removing him, yet the detention after the ser- vice was over was illegal, as there was no malicious disturbance of the church amounting to an offence against the statute. — T, L. D. [See i Chas. 1. cap. i ; and 29 Chas. II. cap. 7.] NOVICE (Lat. novifius), A person admitted into a religious community as an inmate for the purpose of preparing to become a member. The state of preparation is termed novitiate. During the period of the novitiate the novice was still at liberty to relinquish his intention. — S. JE, D. NOVITIATE. A year or period of trial, appointed for the testing of persons seeking admission to a monastery or a reli- gious order. The object was to ascertain whether they had a vocation " and the necessary qualities for living up to the rule, to the observation of which they were to bind themselves by their vow. — S, E. D. NUNC DIMITTIS. One of the hymns used after the second lesson in evening prayer, commencing, " Lord, now lettest," &c. NUNCIO. An envoy of the Pope to the court of an emperor or king to negotiate ecclesiastical affairs. Previously to the Council of Trent the Papal nuncios acted as judges in the first instance of matters which lay within ecclesiastical jurisdiction, but since that time they have been formed into a kind of court of appeal from the decisions of the respective bishops. This jurisdiction, however, holds good only in those countries w^hich still hold themselves subject to the decretals and discipline of the Council of Trent. — S. E. D. [See L. J, D.^ NUNS. ]^un, called by the Latins nonna^ as also the mascu- line nonnus, which they used to signify a monk, are of Hebrew extraction from nin or nun, a son. There w^ere besides the Benedictine and Gilbertine nuns, Cluniac, Cistercian, Carthusian, Austin, and Prsemontratensian nuns, who followed the same rules with their respective monks, omitting only what was not proper for their sex, and wore habits of the same colour, having their heads always covered with a veil. — B. E. Z. [See also B. D. D. H. r.] 3i8 OATH— OATHS, ABOLITION OF. o OATH (Sax. eoth; Lat. juramentum). An affirmation or denial of anything before one or more persons who have autho- rity to administer the same, for the discovery and advancement of truth and right, calling God to witness that the testimony is true ; therefore it is termed sacramentum, a holy band or tie. It is called a corporal oath, because the witness when he swears lays his right hand on the Holy Evangelists or New Testament. — ^. L. D. As we confess that vain and rash swearing is forbidden Christian men by our Lord Jesus Christ, and James His apostle, so we judge that the Christian religion doth not prohibit, but that a man may swear when the magistrate requireth, in a cause of faith and charity, so it be done according to the prophet's teaching, in justice, judgment, and truth." — Article XXXIX. The Oath of Allegiance is as follows : — " I, A. B. , do sincerely promise and swear, that I will be faithful, and bear true allegiance to her Majesty Queen Victoria. So help me God." Oath of Supeemacy (now abolished) was as follows: — I, A. B., do swear, that I do from my heart abhor, detest, and abjure, as impious and heretical, that damnable doctrine and position, that princes excommunicated or deprived by the Pope, or any authority of the See of Eome, may be deposed or mur- dered by their subjects, or any other whatsoever. And I do declare that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any jurisdiction, power, pre-eminence, or authority, ecclesiastical or spiritual, within this realm. So help me God," [See P. E, Z., and i Will, and Mary, sess. i, cap. 8, sec. 12; 7 Jas. I. cap. 2 ; 7 Jas. I. cap. 6 ; i Will, and Mary, sess. I, cap. i ; i Will, and Mary, sess. i, cap. 25 ; 7 & 8 Will. III. cap. 24.] OATHS, ABOLITION OF. By 5 & 6 William lY. cap. 8, intituled, " An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the State, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits," certain prescribed oaths were abolished, but oaths in courts of justice, &c., and the oath of allegiance, were still to be taken. Churchwardens and sidesmen were no longer required to take an oath, but to make a declaration in lieu thereof. OBEDIENTIA— OBLATIONS. 319 OBEDIENTIA, in the canon law, is used for an office or tlie administration of it ; whereuj)on the word ohedtentcdes, in the provincial constitutions, is taken for officers nnder their superiors. Eut though ohedientia was a rent, in a general acceptation of this word, it extended to whatever was enjoined the monks by the abbot, and, in a more restrained sense, to the cells or forms which belonged to the abbey to which the monks were sent, either to look after the farms or to collect the rents, &C.—T. L. D. OBIT (Lat. ohitus) signifies a funeral solemnity or office for the dead, most commonly performed when the corpse lies in the church uninterred; also the anniversary office. The anniver- sary of any person's death was called the obit, and to observe such day with prayers and alms, or other commemoration, was the keeping of the obit. In religious houses they had a register wherein they entered the obits or obitual days of their founders or benefactors, which was thence termed the obituary. The tenure of obit, or obituary, or chantry lands, is taken away and - extinct by an act passed in the reign of Edward I. — T, L. D, [See I Edw. YI. cap. 14, sees. 6, 7, 37, & 38; and i Edw. I. cap. 4.] OBITUARY, OBITUARIUM. A funeral register, wherein are the names of the dead and the days of their burial, for whom obits or anniversaries are to be performed. These, in some places, are also called mortuaries, but more frequently necrologies or calendars. Obituary is more particularly used for a book containing the foundation or institution of the several obits in a church or monastery. — E. C. G, OBLATI, anciently, were secular persons, who bestowed themselves and their estates on some monastery, and were ad- mitted as lay brothers. There were some of these ohlati, properly called donati, who gave their persons, their families, and effects, and even entered into a kind of servitude themselves, and their descendants. They were admitted by putting the bell-ropes of the church around their necks, and, as a mark of servitude, a few pence on their heads. The donati took religious habits, but those different from the monks. — E. CO. OBLATIONARIUM. The credence or side-table in a chancel. OBLATIONS (ohlationes). Offerings to God and the Church. 320 oblatio:n', peayee of— obligations. The word is often mentioned in our law books, and formerly there were several sorts of oblations, which the priest had for saying mass, w^hich were given by the last wills and testaments of persons dying to the Church, or given at burials, or which were given by persons penitent, and ohlationes pent ecosf ales, &c. The chief or principal feasts for the oblations of the altar were All Saints, Christmas, Candlemas, and Easter, which were called ohlationes quatuor princi^pales ; and of the customary offerings from the parishioners to the parish priest, solemnly laid on the altar, the mass or sacrament offerings were usually threepence at Christmas, twopence at Easter, and a penny at the two other principal feasts. Under this title of oblations were comprehended all the accustomed dues for sacrament alia or Christian offices, and also the little sums paid for saying masses and prayers for the deceased. Ohlationes funerales were often the best horse of the defunct, delivered at the church gate or grave to the priest of the parish, to which old custom we owe the origin of mortuaries, &c. And at the burial of the dead it was usual for the surviving friends to offer liberally at the altar for the pious use of the priest, and the good estate of the soul deceased, being called the soul-sceat. In North Wales this usage still prevails, where at the rails of the communion-table in churches is a tablet conveniently fixed to receive the money offered at funerals according to the quality of the deceased, which has been observed to be a providential augmentation to some of those poor churches. At first the Church had no other revenues besides these oblations till, in the 4th century, it was enriched with lands and other pos- sessions. Oblations, &c., are in the nature of tithes, and may be sued for in the ecclesiastical courts. — T. L. D, [See P. E. L., p. 1056, &c.] OBLATION, PRAYER OF. The prayer offered after the elements are placed upon the altar, and during which the oblation of them is made. OBLIGATIONS, CANONICAL. On this subject Prideaux, in his "Churchwarden's Guide," says: — "The canons of 1603 never having been confirmed by parliament, but only by the King in Council, do not bind the laity by their own force and authority, but only so far as they are declaratory of the ancient usage and law of the Church of England. They cannot prevail wliere they are contrary to the common law, nor where there is OBYENTIONS— OFFEKINGS. 321 a custom at variance with them, in wliicli case such custom shall continue, notwithstanding the canons ; but nothing is to be accounted a custom by prescription so as to supersede the com- mon law of the land, except such custom by prescription as is beyond the memory of man, and nothing is to be accounted to be so by the law of the land which can by any sufficient evidenca be proved to have been otherwise since the first year of King Eichard I., a.d. 1189/' In a recent case in the Court of Arches, the defendant, who was a clergyman, insisted that Canon 68 of 1603 was null and void upon the clergy, but the judge held it binding upon them. Dr. Lushington, as judge in another case, speaking of Canon 82 with reference to the covering of the Lord's table, says, " The canon in these matters is all powerful, except to repeal or alter an act of parliament." And in another case it was held that canons are prescriptions to the clergy, and are binding upon them in all matters which are within the scope of the visitorial power of the reigning sovereign. [See P. (7. G., p. 20.] OBVENTIONS {obventiones). Offerings or tithes ; and obla- tions, obventions, and offerings are generally the same thing, though obvention has been esteemed the most comprehensive. — T. L. D, OCTAVE. The " octave " is the eighth day after any prin- cipal festival of the Church. In ancient times it was customary to observe these days with much devotion, including the whole period, also from the festival to the octave. It was thought that the subject and occasion of these high festivals called for their being lengthened out in this manner ; and the period of eight days was chosen, because the Jews celebrated their greater feasts, some for seven days, and the Teast of Tabernacles for eight days. Such Jewish institutions being only types and shadows, the Christians thought it fit not to have their com- memorations of shorter duration." In our Prayer-Book we retain the observance of the octaves of Christmas, Easter, and Ascension, by using for seven days after each of these festivals an appropriate " Preface " in the Com- munion Service, if that sacrament is administered on any of those days. The preface for Whitsunday is, however, only to be used for six days after, because the seventh (or octave of Whitsunday) would be Trinity Sunday, which has a preface of its own. — E. D, OFFERINGS are reckoned among personal tithes payable by custom to the parson or vicar of the parish, either occasionally, X 32 2 OFFEEINGS IN CHUECH— OFFERTORY. as at sacraments, marriages, christenings, churching of women, burials, &c. ; or at regular times, as at Easter, Christmas. A statute of Henry YIII. enforces the payment of offerings according to the custom and place where they grow due. By an act passed in the time of Edward YI. it was enacted that all persons who ought to pay offerings should yearly pay them to the parson, or to the vicar, the proprietary, or their depu- ties, or farmers of the parishes where they dwell, at such four offering days as heretofore, within the space of four last years past, had been customary, and in default thereof were to pay their said offerings at Easter following. The four offering days are Christmas, Easter, Whitsuntide, and the feast of the dedication of the parish church. — T. L. D. [See also P. E. i., pp. 1596-1606; 2 & 3 Edw. YI. cap. 13, sec. 10, caps. 20 & 21 ; and 32 Hen. YIII. cap. 7, sec. 2.] OFFERINGS IN CHURCH, DISPOSAL OF. In a case in the Court of Queen's Bench, November 1867, it was held that the churchwardens had no control over money collected during the services (not at the offertory) towards expenses incurred by the vicar for the benefit of the church, in pursuance of a notice from him that a collection be made for that purpose. —P. a G., p. 348. OFFERINGS OF THE QUEEN. All offerings made at the holy altar by the sovereigns of England are distributed amongst the poor by the dean of the chapel. There are twelve days in the year called offering days as to these offerings, viz., Christmas, Easter, Whitsunday, All Saints, IsTew Year's Day, Twelfth Day, Candlemas, Annunciation, Ascension, Trinity Sunday, St. John Baptist, and Michaelmas Day ; all which are high festivals. —T, L, B, OFFERTORIUM. A piece of silk or fine linen used to receive and wrap up the offerings or occasional oblations in the church. Sometimes this word signifies the offerings of the faithful, or the place where they are made or kept ; sometimes the service at the time of sacrament, the offertory, &c. — T. L. D, OFFERTORY. That portion of the Eucharistic service in which the congregation make their offerings to God. [See B. D. D. H, T.] OFFERTORY, USE OF BAGS IN COLLECTING. At a triennial visitation of the late Bishop of Exeter, the church- wardens of Saint Olave, Exeter, presented their minister for having introduced a novelty in the collection, viz., the use of bags for alms, instead of the decent basin prescribed in the rubric. OFFICE— OFFICIO EX, OATH OF. 323 The right reverend prelate in reply said, " Bags for receiving tlie alms are clearly contrary to the law of the Church, which is precise in prescribing a decent basin to be provided by the parish for the purpose." — P. (7. G,, p. 57. OFFICE. This term, besides its ordinary sense, denoting a certain station, charge, or trust committed to a person by a competent authority, is also used as a designation of an eccle- siastical or devotional form; thus the form set forth for the institution of ministers is called an " Office." Bishop Sparrow remarks that " the Common Prayer-Book contains in it many holy offices of the Church ; as prayers, confession of faith, holy hymns, divine lessons, priestly absolutions and benedictions. " [See also the first prayer in the form for the consecration of a church.] OFFICIAL (officiaUs), In the canon law it is he to whom any bishop generally commits the charge of his spiritual jurisdic- tion ; and in this sense there is one in every diocese called offlciaUs principaliSj whom the law styles chancellor; and the rest, if there are more, are by the canonists termed officiales Joranei, but by us commissaries. In our statutes this word signifies properly him whom the archdeacon substitutes for the executing of his jurisdiction. The archdeacon hath an official or church-lawyer to assist him, who is judge of the Archdeacon's Court.— II L. D. [See P. E. i., p. 1208; also 0. i. C. a,p. 178.] OFFICIO EX, OATH OF, was an oath whereby a person might be obliged to make any presentment of any crime or offence, or to confess or accuse himself of any criminal matter or thing, whereby he might be liable to any censure, penalty, or punishment. This oath was made use of in the spiritual courts, as well in criminal cases of ecclesiastical cognisance as in matters of civil right ; of which the High Commission Court in particular made a most extravagant and illegal use, forming a court of inquisition, in which all persons were obliged to answer in cases of bare suspicion, if the commissioners thought proper to proceed against them for any supposed ecclesiastical enormities. But when the High. Commission Court was abolished, this oath, ex- officio, was abolished with it ; and it is also enacted by statute that it shall not be lawful for any bishop, or ecclesiastical judge, to tender to any person the oath ex-officio, or any other oath whereby the party may be charged or compelled to confess, accuse, or purge himself of any criminal matter. But this doth not extend to oaths in a civil suit ; and therefore it is still the practice, both in the spiritual courts and in equity, to demand the personal answer of the party himself upon oath. Yet if in 324 OIL, HOLY— OEDEAL, OEDALIUM. the bill any question be put that tends to the discovery of any crime, the defendant may thereupon demur and refuse to answer. — B. L, B, [See 13 Chas. IL stat. i, cap. 12 ; and 16 Chas. L cap. II.] OIL, HOLY. Used in the coronation service instead of chrism ; formerly it was used in baptisms. OPTION. Every bishop, whether created or translated, was at one time bound, immediately after confirmation, to make a legal conveyance to the archbishop, of the next avoidance of such dignity or benefice belonging to the see, as the said arch- bishop should choose, which was therefore called an option ; which options were only binding on the bishop himself who granted them, and not on his successors. This privilege was, however, incidentally taken away by sec. 42 of 3 & 4 Victoria, cap. 113. — L. D. and P. E, L, ORATORIES. Formerly churches were so called, but the term is mostly applied to small chapels erected for the con- venience of families, &c. ^ ORDAIN. To confer holy orders by episcopal imposition of hands. ORDEAL, ORDALIUM. (The word in the original Saxon signifies a great judgment ; formed of or, great, and deal or dele, judgment.) A form of trial, that is, to discover innocence or guilt, practised in England in the time of Edward the Confessor, and also during the reigns of King John and King Henry III. It was called purgatio vidgaris or judicium, in opposition to helium or combat, the other form of purgation. The practice of ordeal not only prevailed in England, but also in Erance and Germany. It was condemned by Pope Stephen II., and abolished by a declaration of Henry III. The ordeal was of various kinds, viz., that of fire, that of red- hot iron, that of cold water, that of judicial pottage, that of hallowed cheese, that of boiling water, that of the green cross, and that of dice laid on relics covered with a woollen cloth. There were particular masses for each species of ordeal. The more popular kinds of ordeal were those of red-hot iron and water, the first for freemen and people of fashion, the • second for peasants. There is a popular story in our histories that Emma, mother of Edward the Confessor, being accused of too much familiarity with the Bishop of Leicester, demanded the ordeal of red-hot iron, and passed barefooted and hoodw^inked over red-hot plough- shares without touching any of them. — E, C, C, ORDEE— OEDIXAEY. 325 OEDER. A form or service appointed by the Clmrcli for any specified object. Tims the morning and evening service in the Prayer-Book is called the Order for Daily Morning (or Evening) Prayer. [See also the Order for the Administration of the Lord's Supper.] The word is also used in reference to the degrees of rank in the Christian ministry, as when we speak of the Order of Deacons, the Order of Priests. In its more common sense it refers to those instructions and directions which it is the minister's place to give in relation to the proper performance of divine worship, as when it is declared to be the duty of every minister ... to give order concerning the tunes to be sung at any time in his church. — S. E. D. OEDEEING. The ordaining or conferring of ministerial authority upon priests or deacons. (The word consecration being more usually applied to the ordaining of a bishop.) The forms used on such occasions are called " the Ordering of Deacons," and the Ordering of Priests." The word takes its meaning from the original verb " to order " or " to ordain," of the use of which the following examples may be given : — " The bishop commending such as shall be found meet to be ordered to the prayers." " The bishop shall cease from ordering that person." " Whosoever are consecrated or ordered according to said form, we decree all such to be rightly, orderly, and law- fully consecrated and ordered." — S. E. D. [See also G, L. G. (7., pp. 8-21.] OEDINARY {ordinarius), A civil law term for any judge who hath authority to take cognisance of causes in his own right, and not by deputation ; by the common law it is taken for him who hath ordinary or exempt and immediate jurisdic- tion in causes ecclesiastical. This name is applied to a bishop who hath original jurisdiction, and an archbishop is the ordinary of the whole province, to visit and receive appeals from inferior jurisdictions, &c. The word ordinary is also used for every commissary or official of the bishop, or other ecclesiastical judge having judicial power; an archdeacon is an ordinary, and ordinaries may grant administration of intes- tates' estates, &c. But the bishop of the diocese is the true and only ordinary to certify excommunications, lawfulness of marriage, and such ecclesiastical and spiritual acts to the judges of the common law, for he is the person to whom the court is to write in such things. — T. L. D, [See also P. E. Z., and 13 Edw. I. stat. I, cap. 19 ; 25 Edw. III. stat. 3. caps. 7 & 9 ; 2 Hen. Y. cap. i.] 326 OEDINATIOK OF THE CLEEGY. ORDINATION OF THE CLERGY. By statute 13 Elizabetli, cap. 1 2, no man is capable of taking any ecclesiastical benefice with cure, promotion, or dignity, unless he be ordained a priest, to qualify him for the same. A person must be twenty-three years old, and have deacon's orders, before he can be admitted into any share of the ministry ; and a priest must be twenty-four years of age before he can hold any ecclesiastical benefice ; but the archbishop may dispense with one to be made deacon at what age he pleases, though he cannot with one who is to be made a priest. Deacons and priests are to be ordained on the four Sundays immediately following the Ember Weeks, except on urgent occa- sions ; and it is to be done in the cathedral or parish church where the bishop resides, in time of divine service, and in the presence of the archdeacon, dean, and two prebendaries, or of four other grave divines. And no bishop shall admit any person into orders without a title or assurance of his being provided for ; and before any one is admitted the bishop shall examine him in the presence of the ministers who assist him at the imposition of hands, on pain, if he admits any not qualified, &c., of being suspended by the archbishop from making either deacons or priests for two years. If any impediment be alleged against one who is to be made either priest or deacon at the time he is to be ordained, the bishop is bound to surcease from ordaining him, until he shall be found clear of that impediment ; and it is generally held that whatever are good causes of deprivation are also sufiicient causes to deny admission to orders, as incontinency, drunkenness, illi- terature, perjury, forgery, simony, heresy, outlawry, bastardy, &c. A person to be ordained priest must bring a testimonial of three persons, known to the bishop, of his life and doctrine, and be able to give an account of his faith in Latin ; and a deacon is not to be made a priest unless he produce to the bishop such a testimonial of his life, &c. , and that he hath been found faithful and dilisrent in executin^]j the office of a deacon. A bishop shall not make any one deacon and minister on the same day ; for there must be some time to try the behaviour of a deacon in his office before he is admitted to the order of priest- hood, which time is generally a year, but it may be shorter on reasonable cause allowed by the bishop. Priests and deacons are not only to subscribe the Thirty-Nine Articles, but take the oath of allegiance, as directed and altered by 28 & 29 Victoria, cap. 122, and 31 & 32 Victoria, cap. 72. A priest, by his ordina- OKDIXATION. 327 tion, receives authority to preach the word and administer the holy sacraments, &c. But he may not preach without licence from the bishop, archbishop, or one of the universities. An act passed in the reign of Elizabeth punishes corrupt ordination of priests, &c. If any persons shall take any reward or other profit to make and ordain a minister, or to licence him to preach, they shall by this statute forfeit ^£40, and the party so ordained, &c., ;£io, and be incapable of any ecclesiastical preferment for seven years afterwards. The Archbishop of Canterbury or York, or the Bishop of London, or any bishop specially authorised by either of them for that purpose, may ordain any person for the express purpose of officiating in any of his Majesty's colonies or foreign posses- sions which shall be stated in the letters of ordination ; but no person so ordained shall be capable of holding any living in Great Britain without the consent of the bishop of the diocese, and the like restraint is extended to persons ordained by the Bishops of Quebec, iN'ova Scotia, &c. It is also expressly pro- vided that no persons ordained by a colonial bishop, not actually resident in his diocese, shall be capable of holding any prefer- ment, or officiating in any manner as a minister of the Church of England. — T. L, D, [See also P. E, L., pp. 108-142; G. L, C. C, pp. 10-22 ; B, D. D, H. T. ; 13 Eliz. cap. 12 ; 13 & 14 Chas. II. cap. 4; i AYill. and Mary, stat. i, caps, i & 8; 31 Eliz. cap. 6, sec. 10; and 59 Geo. III. cap. 66.] ORDINATION, INSTRUCTIONS RELATING THERETO. Persons desirous of being admitted as candidates for deacon's orders are to make a written application to the bishop five months before the time of ordination, stating their age, college, academical degree, and the usual place of their residence, together with the names of three or more clergy- men, or other persons of respectability, to whom they are best known, and to whom the archbishop may apply for further information concerning them. Upon the receipt of a statement specifying these particulars, the bishop will fix a time for seeing the applicant. It is not necessary that a person so applying should at the time of his application be provided with a title, which may be sought for afterwards, upon the archbishop's permitting him to become a candidate. The usual times of ordination are the Ember Weeks. One month before the day of ordination the candidates must transmit the papers and testimonials specified in Schedule A. Persons ordained deacons will be expected to present themselves as candidates for priest's orders on the same titles. They are to send the papers specified in Schedule B one month before the day of ordination. They are expected to remain in their curacies two full years at least from their admission to deacon's orders. 328 ORDIXATIOK Persons who have been ordained deacons in one diocese will not, as a rule, be received as candidates for priest's orders in another diocese ; nor will they as a rule be permitted to serve as stipendiary curates in a different diocese from that in which they were ordained, till after the expiration of two years from their ordination as deacons, unless the archbishop shall be satisfied, upon inquiry, as to the reasons of their leaving the diocese in which they have been so recently ordained. Schedule C contains the forms of declaration to be made, and of the oath to be taken, by all persons who are to be admitted to holy orders. Schedule A. — Ordination, Papers Necessary for Deacon's Orders. 1. Certificate of baptism, extracted from the parish register ; or, if this cannot be produced, a statutory declaration by the candidate's father or mother, or in case they should not be living, by some competent witness, to prove that the candidate has completed his twenty-third year, and has been baptized. 2. A certificate of his having passed the theological examination, if a graduate of the University of Cambridge ; or of his having attended two courses of lectures by divinity professors, one of which must be the lecture of the Regius Professor, if a graduate of the University of Oxford ; or the certificate of his having taken his B.A. degree, and also the Divinity Testimonium, if a graduate of Trinity College, Dublin. 3. College testimonials. 4. iSi quis, or notice, to be read in the church or chapel of the place where the candidate resides five weeks before the day of ordination, and attested by the officiating minister and the churchwardens in the following form : — "Notice is hereby given, that M. N. [of College, , B.A.] now resident in this parish [or chapelry] intends to offer himself as a candidate for the holy office of a deacon at the ensuing ordination of the ; and if any person knows any cause or just impediment why the said M. N. ought not to be admitted into holy orders, he is now to declare the same, or to signify the same forthwith." " We certify that on Sunday, the day of instant, the foregoing notice was publicly and audibly read by the undersigned C. D., in the church [or chapel] of , in the time of divine service, and that no impediment was alleged. " Witness our hands this day of , 18 — . " C. D., Officiating Minister. "E. P., Churchwarden." 5. Testimonial for the time elapsed since the candidate left college, in the subjoined form : — Form of Letters Testimonial to be exhibited to the Archbishop by a Can- didate for Holy Orders, signed by three beneficed Clergymen, and countersigned by their respective Diocesans, if they are not beneficed in the Diocese of Canterbury. " To the Right Honourable and . "Whereas our well-beloved in Christ, M. N., of College, ORDINATIOK B. A. [or other degree], hath declared to us his intention of offering himself as a candidate for the sacred office of deacon [or priest], and for that end hath required of us letters testimonial of his good life and conversation ; we therefore, whose names are hereunto subscribed, do certify that the said M. N. hath been personally known to us for the space of three years last past [or such shorter period as may have elapsed since he quitted college] ; that we have had opportunities of observing his conduct ; that during the whole of that time we verily believe him to have lived, in all respects, piously, soberly, and honestly ; nor have we at any time heard anything to the contrary thereof ; nor hath he at any time, as far as we know or have heard, maintained, said, or written anything contrary to the doctrine or discipline of the Church of England ; and, moreover, we do believe him in our consciences to be, as to his moral conduct, a fit person to be admitted into the sacred ministry. " Witness our hands this day of , in the year of our Lord 18—." 6. A nomination to a curacy according to the subjoined form, I or 2, as the case may be : — No. I. — Nomination and Declaration, if the Incumbent is Non-resident. " To the Right Honourable and . I, A. B., of , in the county of , and your Grace's diocese of Canterbury, do hereby nominate M. N., bachelor of arts [or other degree], to perform the office of curate in my church of aforesaid, in the place of E. F., late licenced curate thereof [this to be omitted if not in the place of another curate], and do promise to allow him the yearly stipend of , to be paid by equal quarterly payments [as to the amount of stipend see i & 2 Vict. cap. 106, sees. 84, 85, 86, &c.] ; with the surplice fees, amounting to per annum [if they are intended to be allowed], and the use of the glebe-house, garden, and offices which he is to occupy [if that be the fact ; if not, state the reason, and name where and at what distance from the church the curate purposes to reside] ; and I do hereby state to your Grace that the said M. N. does not serve any other parish as incumbent or curate ; and that he has not any ca.thedral preferment nor any benefice, and does not officiate in any other church or chapel [if, however, the curate does serve in another parish as incumbent or as curate, or has any cathedral preferment or benefice, or ofiiciates in any other church or chapel, the same respectively must be correctly and particularly stated] ; that the net annual value of my said benefice, estimated according to the said act, sees. 8 & 10, is , and the population thereof, according to the latest returns of population made under the authority of parliament, is ; and there is only one church belonging to my said benefice [if there be another church or chapel, state the fact] ; and that I was admitted to the said benefice on the day of , 18 — . " Witness my hand this day of , in the year of our Lord 18 — . [Signature and Address of] A. B." Declaration required by the Clerical Subscription Act, 1865 (28 & 29 Vict. cap. 122), to be written at the foot of the Nomination, No. i. "I, A. B., incumbent of , in the county of , bond fide undertake to pay to M. N., of , in the county of , the annual sum of OEDINATIOK pounds as a stipend for his services as curate ; and I, M. N., hand fide intend to receive the whole of the said stipend. " And each of us, the said A. B. and M. N., declare that no abatement is to be made out of the said stipend in respect of rent or consideration for the use of the glebe-house ; and that I, A. B., undertake to pay the same, and I, M. N., intend to receive the same, without any deduction or abate- ment whatsoever. ** [Signature of] No. 2. — Nomination and Declaration. " To the Right Honourable and " I, A. B., of , in the county of , and your Grace's diocese of Canterbury, do hereby nominate M. N., bachelor of arts [or other degree], to perform the office of assistant curate in my church of aforesaid, in the place of E. P., late licenced curate thereof [this to be omitted if not in the place of another curate] ; and do promise to allow him the yearly stipend of , to be paid by equa,l quarterly payments ; * and I do hereby state to your Grace that the said M. N. intends to reside in the said parish, distant from my church miles [if M. N. does not intend to reside in the parish, then state at what place he intends to reside, and its distance from the said church] ; and that the said M. N. does not serve any other parish as incumbent or curate ; and that he has not any cathedral preferment or benefice, and does not officiate in any other church or chapel [if, however, the curate does serve another parish, as incumbent or as curate, or has any cathedral preferment or a benefice, or officiates in any other church or chapel, the same respectively must be correctly and particularly stated]. *' Witness my hand this day of , in the year of our Lord i8 — . " [Signature and Address of] A. B." Declaration required by the Clerical Subscription Act, 1865, to be written at the foot of the Nomination, No. 2. *' I, A. B., incumbent of , in the county of , hond fide undertake to pay to M. N., of , in the county of , the annual sum of pounds as a stipend for his services as curate ; and I, M. N., hond fide intend to receive the whole of the said stipend. " And each of us, the said A. B. and M. N. , declare that no abatement is to be made out of the said stipend in respect of rent or consideration for the use of the glebe-house ; and that I, A. B., undertake to pay the same, and I, M. N., intend to receive the same, without any deduction or abate- ment whatsoever. [Signatures of] | ^„ Schedule B. — Ordination of Priests, Papers Necessary Thereto. I. A testimonial similar to that which is required for deacon's orders ; but only for the time which has elapsed since the candidate's ordination as deacon. * Note. — Where the stipend is paid either in whole or in part by one of the religious Focieties, it should be here inserted in the Nomination, thus : " So long as the Society shall provide me with the same for that purpose," or " £ thereof agreed to be provided by the Society, and £ thereof by myself.'' A. B. M. N.'» ORDINATION- ORDINES MAJORES. 2. Si quis, as for deacon's orders. 3. Nomination to a curacy, or presentation to a benefice ; unless he be already licenced in the diocese, in which case a fresh nomination is not required. Schedule C. — Ordination. Oaths to be taken and declarations to be made by deacons, priests, &c. Declaration of Assent. — " I, M. N., about to be admitted to the holy order of , do solemnly make the following declaration : — I assent to the Thirty-Nine Articles of religion, and to the Book of Common Prayer, and of the ordering of bishops, priests, and deacons. I believe the doctrine of the Church of England, as therein set forth, to be agreeable to the Word of God ; and in public prayer and administration of the sacraments I will use the form in the said book prescribed, and none other, except so far as shall be ordered by lawful authority. [See 28 & 29 Vict. cap. 122.] Oath of Allegiance. — " I, M. N., about to be admitted to the holy order of , do swear that I will be faithful and bear true allegiance to her Majesty Queen Victoria, her heirs and successors, according to law. So help me God." [See 31 & 32 Vict. cap. 72.] Every clergyman about to be licenced to any curacy has to take the oath of canonical obedience to the archbishop, and make the declaration of assent ; and every clergyman to be admitted to a benefice or dignity has to take the oath of allegiance, and the oath of canonical obedience to the archbishop, and make the declaration of assent, and a declaration against simony. The Oath of Canonical Obedience. "I, A. B., do swear that I will pay true and canonical obedience to the Lord Archbishop of Canterbury, in all things lawful and honest. So help me God." The Declaration against Simony. " I, A. B., about to be admitted and to the of , in the county of and diocese of Canterbury, solemnly declare that I have not made, by myself or by any other person on my behalf, any payment, contract, or promise of any kind whatsoever, which to the best of my know- ledge or belief is simoniacal, touching or concerning the obtaining the pre- ferment of ; nor will I at any time hereafter perform or satisfy, in whole or in part, any such kind of payment, contract, or promise made by any other without my knowledge or consent." ORDINES MAJORES ET MINORES. The holy orders of priest, deacon, and subdeacon, any of which did qualify for presentation and admission to an ecclesiastical dignity or cure, were called ordines majores ; and the inferior orders of chantor, psalmist, ostiary, reader, exorcist, and acolyte, were called ordines minores ; for which the persons so ordained had their prima tonsura different from the tonsura clericcdis. Besides bishops, priests, and deacons, the Church of Eome hath five others; viz., subdeacons, acolytes, exorcists, readers, and ostiaries. i. The subdeacon is he who delivereth the 332 OEDIXUM FUGITIYI— OEGAX. vessels to the deacon, and assisteth him in the administration of the Sacrament of the Lord's Supper. 2. The acolyte is he who bears the lighted candle whilst the Gospel is in reading, or whilst the priest consecrateth the host. 3. The exorcist is he who abjureth evil spirits, in the name of Almighty God, to go out of persons troubled therewith. 4. The reader is he who readeth in the church of God, being also ordained to this, that he may preach the Word of God to the people. 5. The ostiary is he who keepeth the doors of the church, and tolleth the bell. These, though some of them ancient, were human institutions, and such as come not under the limitation which immediately precedes (from the apostles' time) ; for which reason, and because they were evidently instituted for convenience only, and were not immediately concerned in the sacred offices of the Church, they were laid aside by our first reformers. — 1\ L, D, ORDINUM FUGITIVI signified those of the religious who deserted their houses, and, throwing off the habits, renounced their particular order, in contempt of their oath and other obligations. ORGAN. A well-known musical instrument, or rather a combination of instruments, consisting of numerous pipes of wood and metal, supplied by mechanical contrivances with wind from a bellows, and placed under the command of a single performer's fingers on the keyboard. The organ, in its ruder form, is an instrument of great antiquity, though it did not come into very general use till about the 8th century. The Eev. J. Jebb, speaking of the position of the organ, says : " The organ was placed on one side of the choir, generally the north, and towards the east end. Gervais relates that in the 12th century such was its position in Canterbury Cathedral, on the north side, over the transept arch. This seems to have been universal throughout Europe. . . . The present usual position over the choir-screen does not appear to have been general till the Restoration, a contrivance which in parish churches com- j^letely blocks out the chancel. . . . The organ ought never, in any instance, to stand over the choir-screen. This position is modern, and never contemplated by the original architects of our churches. . . . There is a less objectionable practice adopted in many collegiate churches abroad, of placing the organ over the great west door. However, this has the bad effect of block- ing up in part the western window. This custom is not older than the 17th century, when Holland was seized with the mania of building gigantic and noisy organs. . . . The English cathe- OEGANIST— ORNAMENTS OF THE CHURCH. 333 dral organ, it should be remembered, is intended to be an accompaniment to a choir, not a vehicle for voluntaries or con- certos, as abroad, where its choral use is generally subordinate. Of late the organ has been restored to its ancient position (on one side of the choir) in the cathedral of Canterbury, the parisli church of Leeds, and the Temple Church in London. . . . The organ is of daily use in all regular English choirs. Abroad, it is not, in general, used except on festivals and their eves, the plain chant being kept up without the organ. It is unknown to the Greek Church. In the Western, it was employed first about the 9th century, earlier than some historians have sup- posed. ... It remains to observe that, according to the uni- versal, at least very general, custom of Europe, the organ is silent during the whole of Passion Week, and in some cathedrals during Wednesdays and Eridays in Lent." — ^S'. E. D, [See also P. E. L,] ORGANIST. The organist in the present day discharges important duties, and takes a prominent place in the conduct of divine service in most of our churches ; but parishioners are not bound to appoint an organist, even when an organ has been erected under a faculty ; nor are they bound to provide for or pay for the repair of the organ, nor to pay the organist's salary. The organ, organist, and choir are entirely under the control of the incumbent or officiating minister during divine service. It is well^ in appointing the organist, to have a special agreement signed defining his duties, his salary, its sources, and mode of payment, and the mode of terminating his appointment. In the absence of such agreement, a yearly engagement would no doubt be presumed, determinable on six months' notice. — D. C, L, H, B., p. 92, and P. E. L., p. 19 14. ORIEL or ORIEL WINDOW. A large bay or recessed ivindow, in a hall, chapel, or other apartment. It ordinarily projects from the outer face of the wall, either in a semi-octa- gonal or diagonal plan, and is of various kinds and sizes. — Gwilt, ORIENTATION. In church architecture, a term employed to indicate the easterly direction or position of the choir and chancel of a church. It was customary, in all cases where practicable, to build churches with the chancel at the east end, and the nave extending towards the west. — S. E. D. ORNAMENTS OF THE CHURCH, LAWFUL AND UN- LAWFUL. In addition to the legally recognised ornaments of the Church [see Illegal Ceremonies], other ornaments or decorations are not regarded as unlawful which are not incon- 334 ORNAMENTS RUBRIC sistent with the doctrine of the Church, and which are sanctioned by the authority of a faculty from the ordinary, such as archi- tectural decorations, a cross, reredos, movable ledges over the holy table or super-altar, painted windows, vases of flowers, and suchlike. In fact, it may be generally stated that great freedom and latitude are allowed in the use of ornaments, so long as they are not used ceremonially. The use of anything ceremonially as a part of the services of the Church which is not prescribed in the Book of Common Prayer, or in other sources of Church law regulating the conduct of divine service, seems to be the essence of what constitutes an ecclesiastical offence pertaining to this matter. And even in the use, ceremonially, of things not prescribed in the Book of Common Prayer, or in other sources of the Church's law, the forbidding of them by decisions of the Ecclesiastical Courts and of the Judicial Committee of the Privy Council, has very much depended on whether they have regarded them as ceremonial additions to the services of the Church, antagonistic to the letter and spirit of such services, as under- stood by the said courts, as, for instance, the use of an organ, &c. ORNAMENTS RUBRIC is that rubric which precedes the order of morning prayer, and which prescribes and regulates the use of the ornaments of the Church and of the minister (by which, of course, are meant vestments) in the conduct of divine service. The words of the rubric are : And here it is to be noted, that such ornaments of the Church, and of the ministers thereof, at all times of their ministration, shall be retained, and be in use, as were in this Church of England, by the authority of parliament, in the second year of the reign of Edward VI." This rubric, of late years brought into such prominence, and to which so much public attention has been directed, in conse- quence of diverse opinions as to whether it is still in force, and what the ornaments referred to really comprehend, is based upon I Elizabeth, cap. 2, sec. 25, the words of which are : — " Provided always, and be it enacted that such ornaments of the Church and ministers thereof shall be retained and be in use as was in this Church of England by authority of parliament in the second year of the reign of King Edward VI. , until other order shall be therein taken by the authority of the Queen's Majesty, with tlie advice of her commissioners, appointed and authorised under the great seal of England for causes ecclesiastical, or of the metro- politan of this realm." Two important questions arising out of this rubric are : — What were the ornaments of the Church and of the ministers thereof, ORNAMENTS RUBRIC. 335 wliicli were in use in tlie Church of England in the second year of the reign of King Edward YL? Secondly, has any change been made concerning these ornaments, or has other order been taken with reference to them by the authorities enabled to do 30 under the above-quoted section of the act? [With respect to the first question, see Goods and Ornaments in General, and also Vestments.] Relative to the second question, on which there prevails great differences of opinion, inquiry into which at the present time is of great historical interest, it is held by many that there is not sufficient evidence to show that any legal order in strict accord- ance with the statute was ever taken to supersede the rubric ; while others hold that not only was this rubric superseded by legal authority, but that the long disuse in the Church of Eng- land of the ornaments of the Church and the ornaments of the ministers thereof referred to in the rubric, proves that changes had been ordered with reference to it by the authority of the Queen's Majesty by the advice of her commissioners. It appears from sec. i of 5 & 6 Edward YI., that, notwith- standing the passing of the first Act of Uniformity, 2 & 3 Edward YI., there were still different opinions prevailing and different uses followed with respect to the services of the Church and the ornaments in use ; and that this was so in the reign of Elizabeth is proved by Archbishop Parker's correspondence with Sir W. Cecil, as to what measures should be taken to enforce uni- formity on those who followed different uses and wore different vestments. [See Correspondence of Archbishop Parker (^'Parker Society Publications"), pp. 233, 234, and 271-273.] Archbishop Parker, assisted by other bishops who are said to have been Grindal, Horne, Cox, and Bullingham, drew up certain orders or ordinances, afterwards altered and published under the title of " Aduertisements partly for due order in the Publique Administration of Common Prayers and Usinge the Holy Sacramentes, and partly for the Apparell of all Persons Ecclesiasticall." Now the question is, were these advertisements issued by the Queen's Majesty with advice of her commissioners as provided in the statute referred to, or did Archbishop Parker and certain bishops of his province attempt to enforce them on their own responsibility ? It certainly does seem, from Archbishop Parker's correspondence with Cecil, that either the queen was reluctant to enforce the observance of the advertisements either upon those who were puritanically or ritualistically inclined ; or that 33^ ORNAMENTS EUBEIC. Cecil, as the queen's adviser, endeavoured to influence her so as to withhold her legal sanction to them as provided by the statute. But whatever the reason may have been, it is evident that the queen^s policy seems to have been to evade any odium attaching to the attempt to enforce the advertisements as superseding the rubric, and to throw the whole responsibility of doing so on Archbishop Parker and the other bishops of his province asso- ciated with him in the matter. It is contended that the queen gave her moral sanction to the advertisements, but not a legal one, and that therefore the extent to which the advertisements superseded the rubric was not owing to legal enactment, but owing to the pressure which the archbishop and the bishops assisting him brought to bear upon the clergy in general terms, in the name of the queen. All this is shown from Parker's correspondence with Cecil. In a letter, dated 3d March 1564, he says to Cecil: — "I send your honour a book of articles, partly of old agreed on amongst us, and partly of late these three or four days considered, which be either in papers fasted on, as ye see, or new written by secretary hand. Because it is the first view not fully digested, I thought good to send it to your honour to peruse, to know your judgment, and so to return it, that it may be fair written and presented. The devisers were only the Bishops of London, Winchester, Ely, Lincoln, and myself. ... I must earnestly pray your honour to obtain a private letter from the Queen's Majesty to my Lord of London, to execute laws and injunctions, which he saith, if he be so charged, he will out of hand see reformation in all London ; and ye know there is the most dis- order, and then is this matter almost won through the realm. I pray you earnestly, expeditely, to procure these letters, for he is now in a good mood to execute the laws, and it will work much more than ye would think, &c. — This Third of March. — Your honour's, Matthue Cantuar." In another letter to Cecil, dated March 8, 1564, Archbishop Parker says : — " I send your honour our book which is sub- scribed to by the bishops conf errers which I keep by myself. I trust your honour will present it upon opportunity which ye can take in removing offences that might grow by mine imprudent talk. If the Queen's Majesty will not authorise them, the most part be like to lie in the dust for execution of our parties, laws be so much against our private doings. * The Queen's Majesty, with consent, &c.,' I trust shall be obeyed." Another passage in the archbishop's letter shows plainly that OENAMENTS EUEEIC. 337 the queen was very far from being inclined by legal enforcement to modify or alter the ornaments rubric, for the archbishop further says : — " Better not to have begun (i.e., with enforcing uniformity), except more be done. All the realm is in expecta- tion. If this ball shall be tossed unto us, and then have no authority by the Queen's Majesty's hand, we will sit still. I marvel that not six words were spoken from the Queen's Majesty to my Lord of London, for uniformity of his London, as himself told me ; if the remedy is not by letter, I will no more strive against the stream, fume or chide who will. Thus the Lord be with you." That the queen, for some reason or other, was indifferent to the enforcement of the advertisements as superseding the orna- ments rubric, appears further from a letter from Parker to Cecil, dated April 7, 1565, in which, complaining of his want of success in enforcing his advertisements on the clergy, he says : — "As for the Queen's Majesty's part in my expostulation with many of them I signify their disobedience, wherein, be- cause they see the danger, they cease to impute it to her Majesty, for they say, but for my calling on, she is indifferent." Again, in a letter to Sir William Cecil, dated 28th March 1566, with respect to the enforcement of the advertisements which, it appears after this time, had received no royal sanction. Archbishop Parker writes : — " I pray your honour to peruse this draft of letters, and the book of advertisements with your pen, which I mean to send to my Lord of London. This form is but newly printed, and yet stayed till I may hear your advice. I am now fully bent to prosecute this order, and to delay no longer, and I have weeded out of these articles, all such of doctrine, &c., which peradventure stayed the book from the Queen's Majesty's approbation, and have put in but things advouchable, and as I take them against no law of the realm. And where the Queen's Highness will needs have me assay with mine own authority what I can do for order, I trust I shall not be stayed hereafter, saving that I would pray your honour to have your advice to do that more prudently in this common cause which must needs be done." So that, on the whole, it is contended by many that, while Archbishop Parker and other bishops may have succeeded, by moral enforcement by virtue of their office, and the free use of tlie queen's name, as sanctioning their policy, the use of the vestments comprehended and prescribed in the ornaments rubric may have become obsolete ; they have never by any legal injunction been superseded and thereby rendered illegal. Y 338 OEPHEEY— OSCULATOEY. [See Archbishop Parker's Correspondence Parker Society Publications") pp. 233, 234, and 271-273.] The Judicial Committee of the Privy Council in the case of Hebbert v, Purchas held as follows : — " Both in the statute of Elizabeth and in the rubric in question, the word * retain ' seems to mean that things should remain as they were at the time of the enactment. Chasuble, alb, and tunicle had disappeared for more than sixty years ; and it has been argued fairly that this word would not have force to bring back anything that had disappeared more than a generation ago. To retain, means, in common parlance, to continue something now in existence. It is reasonable to presume that the alteration was not made with- out some purpose; and it appears to their lordships that the words of the rubric, strictjy construed, would not suffice to revive ornaments which had been lawfully set aside, although they were in use in the second year of Edward YI. But whether this be so or not, their lordships Are of opinion that as the canons of 1 603-1 604, which in one p^rt seemed to revive the vestments, and in another to order the suyplice, for all ministrations ought to be construed together, so the Act of Uniformity is to be con- strued with the two canons on the subject, which it did not repeal ; and that the result is, that the cope is to be worn in ministering the Holy Communion on high feast days in cathedrals and collegiate churches, and the surplice in all other ministra- tions. Their lordships attach great weight to the abundant evidence which now exists that, from the days of Elizabeth to about 1840, the practice is uniformly in accordance with this view, and is irreconcilable with either of the other views. Through the researches that have been referred to in these remarks, a clear and abundant expositio contemjporcmea has been supplied, which compensates for the scantiness of some other materials for a judgment." [For an exhaustive treatment of the subject see P. E. Z/., chap. xi. on Liturgy and Eitual ; see also Yestments Legal, Counsel's Opinion Concerning; and Yestments Illegal.] ORPHREY. Bands of embroidery sewn on the vestments at the sleeves and bottom of albs, and on tunics and dalmatics, also on altar frontals. OSCULATOEY. This was a tablet or board, with the picture of Christ, or the Blessed Yirgin, or some of the saints, which, after the consecration of the elements of the Euchanst, the priest first kissed himself, and then delivered it to the people for the same purpose. — B, E, L, [See L, J. D-] OSTEXSION— PALL. 339 OSTENSION. The exposition of the blessed sacrament. OSTENSORY. A monstrance or transparent shrine for the exposition of the host. OSTIARY was one of the five inferior orders in the Eomish Church, whose office it was to open and shut the doors of the church and to toll the bell. — B, E. L, OSWALD'S LAW. The law said to have been made by Oswald, Bishop of Worcester, about the year 964, by which married priests were ejected from benefices and monks put in their places. OVERHERNISSA. Contumacy or contempt of court. In the laws of Athelstan, cap. 25, it is used for contumacy; but in a council held at Winchester, a.d. 1027, it signifies a for- feiture paid to the bishop by one who came in after excom- munication. — T. L. D, OXFORD SCHOOL. A name sometimes given to those members of the Church of England who adopted the theology . of the so-called Oxford " Tracts for the Times," which com- menced in 1832, and were brought to a close at l^o. 90, in 1841. P PACIFIC LETTERS. Letters, in the ancient Church, given by the bishop or chorepiscopus to their priests, when they had occasion to travel abroad, certifying that the bearer was a Catholic and in communion with the Church. — E. C. G. PALL, PALLIUM. The pontifical vesture made of lambs' wool, in breadth not exceeding three fingers, cut round that it may cover the shoulders. It has two labels or strings on each side, before and behind, and likewise four purple crosses on the right and left, fastened with pins of gold, whose heads are sapphire; these vestments the Pope gives or sends to arch- bishops and metropolitans, and upon extraordinary occasions to other bishops, who wear them about their necks at the altar, above their other ornaments. The pall was first given to the Eishop of Ostia by Pope Marcus 11. , a.d. 336. Durandus, in his Rationale^ tells us that it is made after the following manner, viz.: — ^' The nuns of St. Agnes, every year, on the feast-day of their saint, ofi"er two white lambs on the altar of their church, during the time they sing Agnus Dei in a solemn mass ; which lambs are afterwards taken by two of the canons of the Lateran Church, and by them given to the Pope's subdeacons, who put them to pasture till shearing time, and • 340 PALLIO COOPEEIRE— PAEISIL tlien they are shorn, and the pall is made of their wool, mixed with other white wool. The pall being thus made, is carried to the Lateran Church, and there placed on the high altar by the deacons of that church on the bodies of St. Peter and St. Paul ; and after the usual watching, it is carried away in the night and delivered to the subdeacons, who lay it up safe. — T, L. D, PALLIN COOPEEIRE. It was anciently a custom where children were born out of wedlock, and their parents afterwards intermarried, that those children, together with the father and mother, stood under a cloth extended while the marriage was solemnising, which was in the nature of adoption, and by such custom the children were taken to be legitimate. Such children, however, were never legitimate in this country at common law. . —T. L. D, PALM CROSS. A cross or crucifix of stone raised upon steps, and often erected near the south entrance of a parish church. It was decorated with branches for the procession on Palm Sunday, whence it took its name. There are many very early specimens of the palm cross in Cornwall, but that which stands to the south of Eyam Church in Derbyshire is especially deserving of attention, being beautifully sculptured. — S, E. D, PALMER. Pilgrims so called from the custom of bringing home branches of palm from the Holy Land. PALM SUNDAY. The Sunday next before Easter. It is so called in memory of Christ's entry into Jerusalem, when the people welcomed Him by cutting down branches of the palm- trees, carrying them in their hands, and strewing them in the way. The festival has always been observed with great solemnity. PAPAL PROVISIONS. Certain Papal provisions much com- plained of in 25 Edward III. stat. 6, which for the time being took away family patronage and transferred it to the Pope. PARCLOSE, PERCLOSE. A railing or enclosure, such as may be used to separate a chapel from the body of the church, or to protect a tomb. PARDONERS. Persons who carried about the Pope's indul- gences, and sold them to any who would buy them. — T. L. D, PARISH is that circuit of ground which is ccmmitted to the charge of one parson or vicar or other minister having care of souls therein. How ancient the division of parishes is may at present be difficult to ascertain, for it seems to be agreed that in the early ages of Christianity in this island parishes were un- known, or at least signified the same that a diocese does now. There was then no appropriation of ecclesiastical dues to any PARISH BOOKS— PAEISH CLEEK. particular church, but every man was at liberty to contribute his tithes to whatever priest or church he pleased, provided only that he did it to some ; or, if he made no special appointment or appropriation thereof, they were paid into the hands of the bishop, whose duty it was to distribute them among the clergy, and for other pious purposes, according to his own discretion. — B, E, L. [See also P. E. L., C. L. a and B. R D, H, T.] PARISH BOOKS. Certain books or documents held by a rector or vestry in which are recorded the condition of the parish, the transactions of the vestry, &c. PARISH CLERK. In every parish the parson, vicar, &c., hath a parish clerk under him, who is the lowest officer of the Church. Clerks were formerly in orders, and their business was at first to officiate at the altar, for which they had a com- petent maintenance by oiFerings ; but now they are laymen, and have certain fees with the parson, on christenings, marriages, burials, &c., besides wages for their maintenance. They are to be twenty years of age at least, and known to be of honest con- versation, sufficient for their reading, singing, &c. And their business consists chiefly in responses to the minister, reading lessons, singing psalms, &c. And in the large parishes of Lon- don some of them have deputies to despatch the business of their places, which are more gainful than common rectories. The law looks upon them as officers for life ; they are regarded by the common law as persons who have freeholds in their offices, and, therefore, though they may be punished, yet they cannot be deprived by ecclesiastical censures. A mandamus lies to restore a parish clerk who has been im- properly deprived of his office. In a case in Cowp. 370, Lord Mansfield said it was settled that a parish clerk was a temporal officer, and the minister must show ground for turning him out. Parish clerks are generally appointed by the minister, unless there is a custom for the parishioners or churchwardens to choose them, in which case the canon cannot abrogate such custom ; and when chosen it is to be signified to, and they are to be sworn into their office by, the archdeacon. And if such custom appears, the Court of Queen's Bench will grant a mandamus to the archdeacon to swear him in, for the establishment of the custom turns it into a temporal or civil right. A parish clerk may make a deputy without licence of the ordinary ; but he cannot sue in the spiritual court for fees as being a tem- poral officer. By a statute of George III. the parish clerks of churches or PARISHES, BOUNDARIES OF. chapels built under that statute, or that of 58 George III., are to be annually appointed by the ministers, but the subsequent acts for the building of additional churches do not contain any provision on the subject. — T, Z. D, [See P. E. L. and C, L. 0. C; also 59 Geo. III. cap. 134, sees. 10, 11, & 29; 58 Geo. III. cap. 45 ; and 7 & 8 Vict. cap. 59.' PARISHES, BOUNDARIES OF. The settling the bounds of parishes depends upon ancient and immemorial custom ; for they have not been limited by any act of parliament, or set forth by special commissioners, but have been established as the circumstances of times, and places, and persons happened to make them greater or lesser. Formerly the boundaries of parishes were preserved by annual perambulations, which, being performed in Rogation Week, the rogation days were on that account anciently called gange-days, from the Saxon gan or gangan, to go. These perambulations (though of great use in order to preserve the bounds of parishes) were, in the times of Popery, accom- panied with great abuses, viz., with f eastings and with supersti- tion, being performed in the nature of processions, with banners, hand-bells, lights, staying at crosses, and the like, and therefore when processions were forbidden the useful and innocent part of perambulations was retained, in the injunctions of Queen Elizabeth, wherein it was required that, for the retaining of the perambulation of the circuits of parishes, the people should once in the year, at the time accustomed, with the curate and the substantial men of the parish, walk about the parishes as they were accustomed, and at their return to the church make their common prayers. And the curate, in their said common peram- bulations, was at certain convenient places to admonish the people, to give thanks to God (in the beholding of His benefits), and for the increase and abundance of His fruits upon the face of the earth, with the saying of the 103d Psalm; at which time also the said minister was required to inculcate these or such- like sentences, " Cursed is he which moveth the bounds and dolles of his neighbour," or such other order of prayers as were lawfully appointed. The bounds of parishes, though coming in question in a spiritual matter, were and are still tried in the temporal court. This is a maxim in which all the books of common law are unanimous, although our provincial institutions mention the bounds of parishes amongst the matters which merely belong to the Ecclesiastical Court, and cannot belong to any other. — T. L, D, PAEISHES (NEW) ACT— PAESOK * 343 PARISHES (NEW) ACT. By virtue of the provisions of **Lord Blandford's Act," every district which legally belongs to a consecrated church or chapel, the incumhent of which per- forms, or shall hereafter he entitled to perform, all offices of the Church except burials, and to retain the fees payable in respect to such offices, is converted into a separate parish, for all eccle- siastical purposes whatsoever. [See 19 & 20 Yict. cap. 104.] FAEISHIONEE (parocMcmus). An inhabitant of or belong- ing to any parish, lawfully settled therein. PAELIAMENTUM EELIQIOSOEUM. In most convents they had a common room into which the brethren withdrew for conversation, and the conference there had was termed Par- liamentum. The abbot of Croyland used to call a parliament of his monks to consult about the affairs of his monastery ; and at this day the societies of the two Temples or Inns of Court call that assembly of the benchers or governors a parliament, wherein they confer upon the common affairs of their several houses. — T. L. D. PAEOGHIA. I. The territorial district of a metropolitan or bishop ; 2. the parish church ; 3. the district of a parish priest. PAEOOHIAL. Something belonging to a parish. Every church is either cathedral, collegiate, or parochial. Cathedral is where there is a bishop's see or seat, called cathedra. Collegiate consists either of regular clergy, professing some religious order, or of a dean and chapter. Parochial church is that instituted for the performing of divine service to the people who dwell within a certain compass of ground. — E. C. G. PAEOCHIAL EECOGNITION. Induction or the public acknowledgment of a minister by the churchwardens as the lawful pastor of the parishioners whom they represent. This is gene- rally signified by the churchwardens presenting to his inductor the church keys. PAESON (perso7ia) properly signifies the rector of a parish church, because, during the time of his incumbency, he represents the Church, and, in the eye of the law, sustains the person thereof, as well in suing, as in being sued, in any action touching the same. He is in himself a body corporate, in order to protect and defend the rights of the Church by a perpetual succession. He is sometimes called the rector or governor of the church ; but parson is the more proper and legal appellation. When a parson is instituted and inducted into a rectory, he is then, and not before, in full and complete possession, and is called in law persona imper sonata^ or parson imparsonee, — B. L, D, [See also B. D, D. H. T,] 3 44 PAKSON— PARSONAGE. PARSON, DISTINCTION BETWEEN VICAR AND. The distmction between a parson and vicar is this : the parson has for the most part the whole right to all the ecclesiastical dues in his parish ; but a vicar has generally an appropriator over him, entitled to the best part of the profits, to whom he is in effect perpetual curate. In some places the vicarage has been considerably augmented by a large share of the great tithes ; which augmentations were greatly assisted by a statute of Charles II. enacted in favour of poor vicars and curates, which rendered such temporary augmentations (when made by the appropriators) perpetual. A vicar, indeed, must necessarily have an appropriator over him, or a sinecure rector, who is considered as and called an appropriator. Of benefices, some have never been appropriated ; consequently, in those there can be no vicar, and the incumbent is rector, and entitled to all the dues of the church. Some were appropriated to secular ecclesiastical corporations, which appropriations still exist, except perhaps some few which may have been dissolved ; others were appropriated to the houses of the regular clergy, all which appropriations, at the dissolution of monasteries, were transferred to the crown ; and, in the hands of the king or his grantees, are now called impropriations; but in some appropriated churches no perpetual vicar has ever been endowed. In that case, the officiating minister is appointed by the appropriator or impropriator, and is called a perpetual curate. — T. L, D, [See 29 Chas. II. cap. 8.] PARSONAGE. Parsonage or rectory is a parish church endowed with a house, glebe, tithes, &c. ; or a certain portion of lands, tithes, and offerings, established by law, for the main- tenance of the minister who has the cure of souls ; and though properly a parsonage or rectory consists of glebe-land and tithes, yet it may be a rectory, though it have no glebe but the church and churchyard; also there may be neither glebe nor tithes, but annual payments in lieu thereof. The rights to the parsonage and church lands are of several natures ; for the parson has a right to the possession, the patron has the right of presentation, and the ordinary a right of investiture, &c. But the rights of the patron and ordinary are only collateral rights, neither of them being capable of possessing or retaining the church themselves; though no charge can be laid on the church or parsonage but by the con- sent and agreement of all of them. — T, L. D, [See also P. E. L, and a L. G. C] PARSONAGES, BETTER PROVISION FOR. 345 PARSONAGES, BETTER PROVISION FOR. For the more effectual promotion of this important duty of residence in the parochial clergy of England, a provision was made in the reign of George III. for raising money upon ecclesiastical bene- fices, and to oe expended in rebuilding or repairing the houses belonging to such benefices. This statute enables the incumbent, when there is no parson- age house, or where it is so ruinous as not to be repaired with one year's income of the living, on a certificate of a surveyor on oath, before a justice, of the state of the buildings on the glebe, and of timber fit for repair, which, with an account on oath of the annual value of the living, is to be laid before the patron and ordinary, to borrow of any person, with the consent of the patron and ordinary, upon mortgage for twenty-five years of the revenue of the living, a sum not exceeding two years' clear value, to be laid out in repairs, building, or the purchase of a house. Such mortgage deed shall be registered with the register of the diocese. The mortgagee may recover his interest by distress and sale, or the ordinary may sequestrate the profits of the living. The money so borrowed shall be paid into the hands of a person appointed by the ordinary, patron, and incumbent, who is to contract and pay for repairs. The annual payments may be apportioned between the deceased incumbent, and his successor, by arbitration. The interest of the money so borrowed is to be repaid by the incumbent yearly, and per cent, upon the principal remaining due, or ;^io per cent, if he does not reside twenty weeks within a year. And where the income is ;^ioo a year, and the incumbent does not reside thirty weeks within a year, the patron and the ordinary are empowered to borrow and apply money without his consent. Ordinary, patron, and incumbent may purchase a house (within one mile of the church) and land either under this act, or by exchange of part of the glebe. The governors of Queen Anne's Bounty may lend money upon such mortgages at ^4 per cent, interest and ;£ioo upon a living under ^^50 a year, without any interest. Colleges and other corporations may lend money for this purpose upon their own livings, without interest. Where the crown is patron, the consent of the treasury, &c., is requisite. Lords of manors, &c., are empowered to grant wastes for building such houses. The statute contains the forms and modes of proceeding to fulfil its various purposes. ^ As under this statute the money borrowed was directed to be discharged by paying per cent, yearly upon the principal 346 PAKSOiT MORTAL— PASTOEAL LETTER. remaining due, it was directed by 21 George IIL cap. 66, such instalments should be calculated on the original sum advanced, so that it should be paid, at the furthest, within twenty years. By the statute of George IIL cap. 107, the governors of Queen Anne's Bounty are empowered to build parsonage houses on livings augmented by that fund ; and by another statute passed in the same reign, persons possessed in their own right may, by deed enrolled, or by will executed three months before their decease, give lands not exceeding five acres, or personal property not exceeding ;^5oo, for building parsonages (or churches), &c. — T. L. D. [See also C. L, C. C; P. K L.; 17 Geo. IIL cap. 53 ; and 43 Geo. IIL caps. 107 & 108.] PARSON MORTAL. The rector of a church instituted and inducted for his own life was called ^persona mortalis ; and any collegiate or conventional body, to whom the church was for ever appropriated, was termed persona immortalis. — T. L. D. PARVIS. A chamber over a church porch, in all proba- bility a kind of residence for some officer of the church. It is presumed, from the frequent occurrence of an altar in the east window, that it was sometimes a temporary lodging for a priest. [See L. J. Z).] PASCHAL CANDLESTICK. Formerly a candlestick placed on the gospel side of the choir, and lighted during mass and vespers from Holy Saturday till Ascension. PASSING-BELL. It was formerly a custom of the Church to give notice by the tolling of a bell when any one was about to depart this life. The object of this was to secure the private prayers of the faithful in behalf of the person dying. The care of the Church over her children is beautifully depicted in this custom and in the canons referring to it. ^* When any is pass- ing out of this life,'' says the 67th canon of the Church of England, " a bell shall be tolled, and the minister shall not then be slack to do his last duty." The people were thus solemnly invited " to put up their last and most affectionate prayers for their dying neighbour, and to help their friend in those extre- mities, which themselves must assuredly one day feel. How- ever, if their prayers are wanted, it is more requisite that the minister should be diligent in his, who should therefore con- stantly be sent for when these agonies approach, that so he may assist the dying soul in its flight to God, and alarm the living by such an example of mortality." — S. E. D. PASTORAL LETTER. An occasional letter written by a pastor to his congregation. PASTOEAL STAFF— PATRONAGE. 347 PASTORAL STAFF. The form of it was straight, which signified rectum regimen. All the top part of it was crooked, and the other part sharp ; the crooked signified that the bishop presided over the people, and the sharp signified to punish the stubborn. [See P. E. X., pp. 57 and 91.] PATRIMONY. An hereditary estate or right descended from ancestors. The legal endowment of a church or religious house was called ecclesiastical patrimony, and the lands and rever- sions united to the See of Rome are called St. Peter's Patrimony. —T. L. D, PATRINUS. A godfather, as matrina is a godmother. — T. L. D, PATRON. He who has the disposition of an ecclesiastical benefice. The patron's right is the most worthy and first act and part of a promotion to a benefice, and is granted and pleaded by the name of libera dispositio ecclesice. But during the vacancy of a church, the freehold of the glebe is not in the patron, for it is in abeyance. A patron shall not have an action for trespass done when the church is vacant ; and if a man who has a right to glebe-lands, releases the same to the patron, that is not good, because the patron has not any estate in the land. If the patron grants a rent out of a church, it is void even against himself. — T. L. D, [See also P. E. L.; 8 Hen. YI. cap. 24; II Hen. YI. cap. 4, and 38 Edw. III. cap. 4.] PATRONAGE, the right of giving or disposing of a church or benefice, properly belonging to the founder or endower thereof. Patronage consists in a person having the right of nomination or presentation to a benefice by him founded, endowed, or legally acquired. Of patronages some are lay, others ecclesiastical. Patronage, Lay, is a right attached to the person, either as founder, or as heir of the founder, or as possessor of a fee to which the patronage is annexed. Patronage, Ecclesiastical, is that which a person is entitled to by virtue of some benefice which he holds. If an ecclesiastic have a right of patronage on his own account, independent of his ecclesiastical capacity, this is still lay patronage. Lay patronage, again, is real or personal. Patronage, Keal, is that attached to the glebe or to certain lands and hereditaments. Patronage, Personal, is that belonging immediately to the 348 PAX— PECULIAES founder of the church, and transmissible to his children and family, without being annexed to any fee. Personal patronage cannot be alienated or sold ; real may, together with the glebe to which it is annexed. There must ever be some body or matter to fix it to, in order to its being transferred to another. The origin of the right of patronage we find in the loth canon of the Council of Orange, where it is expressed that a founder may present to the diocesan the clerks he thinks proper for his church. By a law of Justinian it is ordained that the founders of churches may not put clerks in them on their own authority, but only present them to the bishop. — E, C, (7. [See 7 Anne, cap. 8; I & 2 Yict. cap. 106, sees. 125-128; i Geo. I. stat. 2, cap. 10, sees. 4, 8, & 10; 10 Anne, cap. 11, sees. 11, 12, & 14; 58. Geo. III. cap. 45, sec. 67; 59 Geo. III. cap. 134, sees. 6 & 13 j and i & 2 Will. IV. cap. 38, &c.] PAX. Anciently a small crucifix which was kissed by the priest and passed on to the people in succession before leaving church. [See L. J, Z).] PEACE OF GOD AND THE CHUECH (j)ax Dei et Ecclesice) was anciently used for that cessation which the king's subjects had from trouble and suit of law between the terms, and on Sundays and holidays. — T, L. D, PECULIARS are places exempt from the jurisdiction of the ordinary of the diocese, and are of several sorts, i. Eoyal peculiars, which are the king's free chapels, and are exempt from any jurisdiction but the king's. 2. Peculiars of the arch- bishops, exclusive of the bishops and archdeacons, which arose from a privilege they had to enjoy jurisdiction in such places where trheir seats and possessions were. Of these there are upwards of an hundred in the province of Canterbury, wherein jurisdiction is administered by several commissaries, the chief of whom is the Dean of the Arches, for the thirteen peculiars of the archbishop within the city of London. 3. Peculiars of bishops, exclusive of the jurisdiction of the bishop of the diocese in which they are situate. 4. Peculiars of bishops in their own dioceses, exclusive of archidiaconal jurisdiction. 5. Peculiars of deans, deans and chapters, prebendaries, and the like ; which are places wherein, by ancient compositions, the bishops have parted with their jurisdiction as ordinaries, to these societies. There are some peculiars which belong to deans and chapters, or a prebendary, exempted from the archdeacon only ; they are derived from the bishop, of ancient composition, and may be PECUNIA SEPULCHEALIS— PENANCE 349 visited by the bishop in his primary or triennial visitation. In the meantime an official of the dean and chapter, or prebendary, is the judge, and from hence the appeal lies to the bishop of the diocese. The dean and chapter of St. Paul's have a peculiar jurisdic- tion, and the dean and chapter of Salisbury have a large peculiar within that diocese ; so have the dean and chapter of Lichfield, &c. There is mention in our books of peculiars of archdeacons, but they are not properly peculiars, only subordinate jurisdic- tions ; and a peculiar is jprima facie to be understood of him who hath a co-ordinate jurisdiction with the bishop. — B, L, D. and T, L. D. [See also P. E. L., pp. 259-60, &c.; 57 Geo. III. cap, 99, sec. 73 ; and i & 2 Yict. cap. 106, sec. 108.] PECUNIA SEPULCHRALIS. Money anciently paid to the priest at the opening of the grave, for the good of the deceased's soul, —T. L. D. PEDE CLOTH. A carpet on the platform before the altar. PEEL PARISHES. These parishes are formed by scheme and order in council, with the consent of the bishop, a copy of such scheme being sent to the patron and incumbent. ISTo endowment is required if adequate maintenance from other sources is reasonably to be expected. If not, then an endowment of at least £100 a year must be forthcoming, to be increased to not less than ^^150 per annum on the district becoming a new parish. Until the church is consecrated, the incumbent thereof performs only such pastoral duties and offices as are specially set forth in his licence from the bishop, these generally being churchings and baptisms. For baptisms no fee can be legally demanded, and for churchings only such fees as are specified in his licence. For the maintenance of the minister of the district, &c., the Ecclesiastical Commissioners, with the consent of the bishop, may authorise pew-rents. The incumbent of the district is not ecclesiastically independent until the church is consecrated, when the area assigned to it becomes a new parish. The patronage may be assigned to the contributors to the endow- ment fund or to the incumbent of the mother church, the crown and bishop having in the meantime the right alternately of nominating the incumbent. [See 6 & 7 Yict, cap, 37, sees. 9, II, and 12; 8 Yict, cap. 94, sees. 10, 11; and 20 Yict. cap. 104, sees. I, 2, 3, & 14.] PENANCE {poenitentia) was an ecclesiastical punishment, used in the discipline of the Church, afi'ecting the body of tho 3SO PEIsUNCE, STOOL OF— PENSION. penitent, by which he was obliged to give a public satisfaction to the Church for the scandal he had given by his evil example. In the primitive times offenders were to give testimony of their reformation before they were re- admitted into the Christian society. In the case of incontinence the offender was usually enjoined to do a public penance in the parish church, bare- headed and barefooted, in a white sheet, and to make open con- fession of his crime in a prescribed form of words, which was augmented or moderated according to the quality of the offence and the discretion of the judge. So in smaller faults and scan- dals, a public satisfaction or penance, as the judge decreed, was to be made before the minister, churchwardens, or some of the parishioners, respect being had to the quality of the offence and circumstances of the fact ; as in case of defamation, or laying violent hands on a clerk, or the like. And as these censures might be moderated by the judge's discretion, according to the nature of the offence, so also they might be totally altered by a commutation of penance ; and this has been the ancient privi- lege of the ecclesiastical judge, to admit that an oblation of a sum of money for pious uses should be accepted in satisfaction of public penance. But penance had to be first enjoined before there could be a commutation, or otherwise it was a commuta- tion for nothing. — B. L. D, [See also P. E, Z., pp. 1367-73 ; B. D. D. H. T, ; 13 Edw. I. stat. 4; and 9 Edw. II. stat. i, caps. 2 & 3.] PENANCE, STOOL OF. In the Middle Ages a movable wooden stool, on which any one who had been guilty of some public and notorious vice was condemned to stand during the service, and do penance before the whole congregation in a white sheet, with a taper in his hand and a statement of his crime fastened upon his breast. — S. E. D. PENDANT or PENDENT. An ornament suspended from the summit of Gothic vaulting, very often elaborately decorated. Of this ornament there are some beautiful examples in Henry YII.'s Chapel. The pendant was also used very frequently in timber-framed roofs, as in that of Crosby Hall, which has a series of pendants along the centre of it. Pendants are also attached to the ends of the hammer-beams in Gothic timber- roofs.— /S. E. D. PENITENTIARY. The confessor in a cathedral or collegiate church who was appointed by the bishop ; also that portion of the church to which penitents were admitted. — S. E. D. PENSION ECCLESIASTICAL is a certain sum of money PENTECOSTALS— PERISTERIOK 35 1 paid to a clergyman in lieu of tithes, and some churches have settled on them annuities or pensions payable by other churches. It may be sued for in the Ecclesiastical Court ; and a bishop may sue for a pension before his chancellor, and an archdeacon before his official. If an incumbent leaves arrears of a pension the successor shall be answerable, because the church itself is charged into whatever hand it comes.— ^. L, D. [See P. E. L.; 26 Hen VIII. cap. 3, sees. 22 & 23 ; and 34 & 35 Hen. VIII. cap. ig,' sec. 4.] ^ ^' ^ PENTECOSTALS {pentecostalia), anciently, were pious obla- tions made at the feast of Pentecost by the parishioners to their parish priest, and sometimes by inferior churches or parishes to the principal or mother church. These parish pentecostals were also called Whitsun-farthings ; and their sum was divided into four parts, of which one went to the priest, one to the poor, one towards the repair of the church, and one to the bishop of the diocese. The payment of these is now out of use, except in some particular churches by custom.—^. C. C; also P E, L p. 1598. ' ' PERAMBULATION {pemynhulatio). A travelling through or over, as perambulation of the forest is the surveving or walk- ing about the forest, and the utmost limits of it, by justices or other officers thereto assigned, to set down and preserve the metes and bounds thereof. Perambulation of parishes is to be made by the minister churchwardens, and parishioners, by going round the same once a year m or about Ascension Week ; and the parishioners may well justify going over any man's land in their perambulation according to usage, and it is said may abate all nuisances in their way.-T. L, D, [See 16 Chas. I. cap. 16, and 20 Chas. 11. cap. 3 ; also P. E, L., pp. 1049 and 1867.] PERINDE VALERE. A term in the ecclesiastical law si^- nilymg a dispensation granted to a clerk, who, being defective m capacity for a benefice or other ecclesiastical function, is de facto admitted to it. It has the appellation from the words which make the faculty as effectual to the party dispensed with as it he had been actually capable of the thing for which he is dispensed with at the time of his admission. In stat. 2 Henrv YJJI. cap. 2i, it is called a writ.— T. L. B, ^ J PERISTERION. The image of a dove, usually made of gold or silver, which m some ancient churches was suspended over [the altar. — Bingham, 352 PEEMUTATION— PEESONAL TITHES. PERMUTATION. In the canon law, a real and actual exchange of two benefices. Permntation is a means of bringing benefices into commerce without simony. The conditions required to a canonical permutation are — i. That there be benefices permuted on either side, though the revenues be unequal, and in case of inequality no compensation to be made in money, but only a pension charged on the bigger. 2. That each of the permutants quit his benefice, and make a procuration ad resignandum. 3. That the permutation be fol- lowed by a collation of the ordinary. 4. That the ordinary be informed of the cause of the permutation. 5. That those to whom the presentation or election to the benefices belongs give their consent, or, in case of their refusal, that the consent of the diocesan be had. The chief rules of permutation are, that if one of the comper- mutants cannot enjoy, he re-enters with full right into the bene- fice he has quitted ; and that if he die ere he have accomplished the permutation on his part by the taking of possession, the com- permutant who has accomplished retains both benefices, unless they fall into the regale. — E. C. C. [See L, J, D.] PERPETUAL CURATE. Some curates are called perpetual, which is where there is in a parish neither spiritual rector nor vicar, but a clerk is employed to officiate there by the impro- priator. A perpetual curate is not liable to removal like ordinary curates by the bishop or rector, and enjoys a settled income. [See Curate; also P. E. L., p. 300; C. L. C. C, p. 149 ; and P. C. G.] PERPETUITY (perpetuitas). In the canon law, the quality of a benefice that is irrevocable, or whose incumbent cannot be deprived, except in certain cases determined by law. It is asserted with reason that the perpetuity of benefices is established by the ancient canons, and that priests are insepar- ably attached to their churches as by a spiritual marriage. It is true, by the corruption of the times, the secular priests being fallen into great disorder and even contempt, the bishops anciently called the religious to their assistance, and committed to them the cure of souls and the administration of parishes, still remanding them back again to their cloisters when they tliought fit, and revoking them ad mitiim. But this vague and uncertain administration only lasted to the 12 th century, when benefices returned to their essential perpetuity. — E. G. G. PERSONAL TITHES are such profits as arise by the PETEK-COEN— PEWS, OEIGIN OE. honest labour and industry of man employing himself in some personal work, artifice, or negotiation, being the tenth part of the clear gain after charges deducted. — B. L. D. [See also P. E. iv.] PETER- CORN is mentioned in some of the ancient registers of our bishops, particularly in that of St. Leonard de Ebor, which contains a grant thereof by King Athelstan. — T, L, D. PETER-PENCE. An ancient levy or tax of a penny on each house throughout England, paid to the Pope. It was called Peter-pence because collected on the day of St. Peter ad vincula ; by the Saxons it was called Kome-feoh, the fee of Kome, and also Kome-scot and Kome-pennying, because collected and sent to Rome ; and, lastly, it was called Hearth-money, because every dwelling-house was liable to it, provided there were thirty pence vivoe jpecunice belonging to it ; nay, and every religious house, the abbey of St. Albans alone excepted. This Peter- pence was at first given as a pension or alms by Ina, king of the West Saxons, in the year 725, being then in pilgrimage at Eome ; and the like was done by Offa, king of the Mercians, throughout his dominions in 794. It was not intended as a tribute to the Pope, but chiefly for the support of the English school or college at Rome ; the Pope, however, went halves with the college, and at length swallowed almost the whole. At first it was only an occasional contribution, but became at last a standing tax, being established by the laws of King Canute, Edward the Confessor, the Conqueror, &c. The bishops, who were charged with the collecting it, employed the rural deans and archdeacons therein. Edward III. first forbade the pay- ment ; but it soon returned, and continued till the time of King Henry YIII. when Polydore Virgil resided here as the Pope's receiver-general. It was abolished under that prince, and restored under Philip and Mary, but finally prohibited under Queen Elizabeth. — E. G. C. [See 25 Hen. YIII. cap. 21, sec. 2.] PEWS, ORIGIN OF. Enclosed pews in churches are a post-reformation institution. They were unknown before that period, and were not in general use until the middle of the 17th century. Eor a long time they were chiefly confined to the family of the patron of the church. They are now rapidly disappearing, and on all occasions of church rebuilding or church restoration open seats are substituted for them. Persons having faculty and other rights in certain seats are often now content to take their places in the body of the church with other parishioners. With respect to ancient parish churches endowed by tithes, z 354 PEWS, LAWS CONCEENmG. it seems but fair that the general body of the parishioners shoiild have equal right of access to every part of the floor of the body of the church ; and to monopolise any portion of this area by faculty or prescriptive pews was no doubt an encroach- ment on the equal religious rights of the parishioners. But in the case of modern churches totally unendowed, or but partially endowed, it seems to be (for the sake of church extension and for providing a stipend for the minister) an actual necessity that certain seats should be set apart which would be available to parishioners desiring to appropriate them for themselves and families, and for which they should pay rent. Powers for the purpose of providing for these rented appropriations have been created by several acts of parliament, to which we shall refer elsewhere. [See Pew-Eents, Laws Concerning ; also P. K L. and P. a G.] PEWS, LAWS CONCERNING, IN ANCIENT PARISH CHURCHES. Pews are somewhat of the nature of an heir- loom, and may descend by immemorial custom, without any ecclesiastical concurrence, from t4ie ancestor to the heir. The right to sit in a particular pew in the church arises either from prescription as appurtenant to a messuage, or from a faculty or grant from the ordinary. An exclusive title to pews and seats in the body of the church may be maintained in virtue of a faculty, or by pre- scription, which is founded on the presumption that a faculty had been anciently granted. All other pews and seats in the body of the church are the property of the parish; and the churchwardens, as the officers of the ordinary, and subject to his control, have authority to place the parishioners therein. ISTo precise rules are prescribed for the direction of church- wardens in the use of this power, for its due exercise must depend on a sound judgment and discretion applied to the circumstances of the parish. By the general law, and of common right, all the pews other than faculty pews in an ancient parish church are the common property of the parish ; they are for the use in common of the parishioners, who are all entitled to be seated, orderly and con- veniently, so as best to provide for the accommodation of all. The distribution of seats rests with the churchwardens, as the officers, subject to the control of the ordinary. The general right then being in the parish and the ordinary, any particular rights in derogation of these are stricti juris ; it is the policy of the law that few of these exclusive rights should PEWS, LAWS COXCEENIXG. 355 exist, because it is the object of the law that all the inhabitants should be accommodated, and it is for the general convenience of the parish that the occupation of pews should be altered from time to time, according to circumstances. A possessory right is not good against the churchwardens and the ordinary ; they may displace persons and make new arrange- ments, but they ought not without cause to displace persons in possession ; if they do, the ordinary will reinstate them. A prescriptive right must be clearly proved, the facts must not be left equivocal, and they must be such as are not incon- sistent with the general right. To exclude the jurisdiction of the ordinary from the disposal of a pew, it is necessary, not merely that possession should be shown for many years, but that the pew should have been built and repaired time out of mind. The strongest evidence of that kind is the building and repairing time out of mind ; but mere repairing for thirty or forty years will not exclude the ordinary. The possession must be ancient, and go beyond memory, though on this subject the high legal memory, even before the recent Prescription Act, was not required. Previous to the recent Prescription Act, the uninterrupted possession of a pew in a church for twenty years afforded pre- sumptive evidence of a legal title by prescription, or by faculty against a wrong-doer. But if the right were claimed as appurte- nant to an ancient messuage, the claim was rebutted by proof that the pew began to exist within time of legal memory. As well priority in the seat, as the seat itself, may be claimed by prescription ; and an action on the case for a disturbance lies at common law. And a pew in the body of the churcli may be prescribed for as appurtenant to a house out of the parish. The right to sit in a pew may be apportioned. Where a messuage to which a pew had been annexed by a faculty was divided, the occupier of the lesser house, which formed a very small part of the original messuage, was held to have some right to the pew. Extra-parochial persons cannot establish a claim to seats in the body of a parish church without proof of a prescriptive title, and therefore if they sue in the Ecclesiastical Court to have quiet possession of such seats, the Court of Queen's Bench will grant a prohibition ; but it seems doubtful whether such persons can establish such a claim even by prescription. A pew annexed by prescription to a certain messuage, cannot. 356 PEW-EEXTS, LAWS CONCEEXIXG. as is often erroneously conceived, he severed from the occupancy of the house, but passes with the messuage, the tenant for the time being having de jure the prescriptive right to the pew. AVhere an occupier of a pew not attached to a house ceases to be an inhabitant of the parish, he cannot let the pew with and thus annex it to his house, but it reverts to the disposal of the churchwardens. Where a pew is claimed as annexed to a house by faculty or prescription, and in that case only, the courts of common law exercise jurisdiction, on the ground of the pew being an ease- ment to the house, and the proper remedy for a disturbance is an action on the case. The Ecclesiastical Court has jurisdiction in all suits respecting pews ; but where prescriptive rights come in question prohibition will be granted on the application of either party, for the purpose of having the prescription tried by a jury. A grant of part of the chancel of a church, by a lay-impro- priator to A., his heirs and assigns, is not valid in law. And therefore such grantee, or those claiming under him, cannot maintain trespass for pulling down a pew or pews there erected. — T. L. D. [See also P. K L.; 2 & 3 Will. TV, cap. 7 1, sec. 2.] PEW-RENTS, LAWS CONCERNINa, IN MODERN PARISH CHURCHES. By 58 George III. cap. 45, sec. 75, it is enacted that " before consecration of any church or chapel under this act, a seat or pew, sufficient to hold six persons at least, shall be set aside in the body or ground floor of the church or chapel, near the pulpit, for the use of the minister and his family ; and other seats, not among the free seats, for not less than four persons, for the minister's servants." The following are other sections of the same act relating to the subject of pew-rents, viz. : — Section 63 : Commissioners may make orders as to the amount of rents for pews or seats, and the produce thereof shall form a fund out of which provision shall be made for the minister and clerk. Section 76 : All subscribers, being parishioners, to any church or chapel built under this act, shall have choice of pews at the rates fixed by the commissioners, in the order of their amoimt of subscription, and all subscribers of the same amount in the order of their subscription. Section 77 : The pews or seats to be charged with the yearly rents set opposite the figures or numbers marked upon them in a list or schedule, to be made and signed by the commissioners, PEW-KENTS, LAWS CONCEENING. 357 and annexed to the deed of consecration : such rents to be paid by the possessors or occupiers of the pews or seats by two equal half-yearly payments in each year, on the Monday after the 25 th of December, and on the 25th of June, in the vestry-room, between nine in the morning and four in the afternoon. Section 78 : The churchwardens, with the consent in writing of the incumbent, patron, and bishop, may alter such pew-rents ; and a new list or schedule of rents, and the pews or seats on which they are charged, shall be signed by the churchwardens, incumbent, patron, and bishop, and deposited with the deed of the consecration. Section 79 : If the rent of any seat or pew shall be unpaid for three months, and notice in writing demanding payment thereof shall have been given to the owner or occupier, the church- wardens may either enter upon and hold such seat or pew, or let the same to any other person, till the rent in arrear and all costs shall be paid ; or otherwise sell the same pews or seats by auction to the best bidder, and out of the money thence arising pay the rent in arrear with the costs, rendering the overplus to the owner or occupier; or they may recover the rent in arrear by action for use and occupation against the owner or occupier. Section 73 authorises and empowers the churchwardens, in case of non-payment of the rents of the seats and pews, to enter upon and sell the same, as also to sue for and recover the same by action, and sue for such rents in the name of the church- wardens of the church or chapel of (describing the same) ; and no action is to abate by reason of the death, or removal, or going out of office of any such churchwarden. But by 59 George III. cap. 134, sec. 32, it is enacted that " the pew-rents shall be payable in advance" — i,e., one year's rent shall be paid on admission to the pew or seat. If given at Lady- Day or Michaelmas, or if at any intermediate period, then the proportion of the half year to Lady-Day or Michaelmas, and a half-year's rent above such proportion ; and thereafter a half- yearly payment shall be made in advance, commencing at Lady-Day or Michaelmas following the taking ; and every such pew or seat shall be forfeited and become vacant by discontinuing any such payment in advance for two following half-years. 3 George lY. cap. 72, sec. 2zj, enacts that, in every case in which pew-rents shall be fixed under the provisions of this and the former Church Buildings Acts, notice shall be given for six 358 PEW-EENTS, LAWS CONCERNING. successive weeks, at tlie end of each year, of all the pews vacant, or which shall become vacant at the commencement of the next year, by writing affixed on the doors of the church or chapel, and vestry-room ; and all pews not taken at the rents fixed within fourteen days after the commencement of the ensuing year, shall be let to any inhabitant of any adjoining parish or place in the churches or chapels of which there shall not be sufficient accommodation for the inhabitants thereof, at the rent fixed upon such pews, for any term not exceeding the end of the year, when such pews shall be again let, in manner aforesaid, and so from year to year. I & 2 William lY. cap. 38, sec. 4, enacts that "the pews or sittings in every church or chapel built or appropriated under this act shall be let by the churchwardens or chapelwardens, or by some persons appointed by the trustees, or person or persons building and endowing the same, to act in that behalf, according to a scale of pew-rents fixed by the trustees, or such person or persons as aforesaid, and approved of by the bishop, which scale it shall be lawful for the trustees, or such person or persons as aforesaid, with consent of the bishop, to alter from time to time as occasion may require, provided always, that all such pews as shall not be taken at the rents respectively fixed thereon within fourteen days after the commencement of the ensuing year, shall in every such case be let to any inhabi- tant of any adjoining parishes or places in which there shall not be sufficient accommodation in the churches and chapels of the parish or place for the inhabitants thereof, at the rent respec- tively so affixed upon such pews, for any term not exceeding the end of the year ; and at the expiration of the year, and also of every succeeding year, in which any such pews shall be rented by the inhabitants of any adjoining parishes, such pews shall be inserted in the list of vacant pews, to be taken in pre- ference by inhabitants of the parish or place to which the church or chapel shall belong, and all such pews as may not be so taken by an inhabitant of the parish or place, may again be let, and so on from year to year, to any inhabitant of any adjoining parish or place. Section 16 authorises the churchwardens to sue for the rents in arrear in the name of " the churchwardens of the church or chapel of in like manner as 58 George III. cap. 45, sec. 73. The Church Seats Act, 1872," being 35 & 36 Victoria, cap. 49, provides that the Ecclesiastical Commissioners are authorised to accept a site of land for the church under a deed in which PIE— PLENAETY, 359 it is declared that the seats and pews, or a portion of them, shall not be let. [See P. E. L. and P, C. G.] PIE. The " pie " is a table and rule in the old Eoman offices, showing in a technical way how to find out the service which is to be read on each day, which, consisting of numerous particu- lars by the intermixing of the several offices that sometimes fall in together to be read, makes it difficult to be understood. —S. E. D. [See L. J, D,] PILGRIMAGE OF GRACE. The name of a rebellion in the reign of Henry YIIL, 1536, in which many clergy were con- cerned. The malcontents, who numbered several thousands, had all taken oath that their sole object was to suppress heresy and restore the Church to its original form. PISCINA (Latin). A water-drain (otherwise termed a lava- tory) formerly placed near to the altar in a church, generally in a niche sunk in the wall. It consisted of a shallow stone basin, bowl, or sink, with a hole in the bottom to carry off whatever was poured into it ; it was fixed at a convenient height above the floor, and was used to receive the water in which the priest washed his hands, as well as that with which the chalice was rinsed at the time of the celebration of the mass. — S, E. D, PITANTIARUS. An officer in a monastery who had the care of the pietances, which were allowances (pittances) upon particular occasions over and above the common provisions. — B, E, L, PLATFORM. The raised dais on which the altar usually stands ; also that on which the font stands. PLEBANUS. A rural dean; because the deaneries were commonly affixed to the plebania or chief mother church within such a district, at first commonly of ten parishes ; but it is inferred from divers authorities that plebanus was not the usual title of every rural dean, but only of such a parish priest in a large mother church, exempt from the jurisdiction of the ordinary, who had the authority of a rural dean committed to him by the archbishop, to whom the church was immediately subject. — T, L. D, PLENARTY, in the ecclesiastical law, is where a church is full of an incumbent. "At the common law, if a stranger who had no right to the presentation had presented a clerk upon a vacancy, and the clerk had been admitted and instituted thereupon, the true ]mtron had no other remedy to recover his advowson but a writ of right of advowson, wherein the incumbent was not to be removed; for plenarty, generally, was a good plea both in quare impedit^ and a darrein presentment, and the reason was to the intent that 360 PLOW-ALMS— PLUEALITY. the incumbent might quietly give and apply himself to his spiritual charge. But by a statute of Anne no usurpation upon any avoidance shall displace the estate or interest of any person entitled to an advowson, or hinder him to present on the next avoidance, or to maintain a quare impedit to gain the possession. — B. L. D, [See 7 Anne, cap. 18.] PLOW or PLOUGH ALMS. A duty, anciently, of a penny, paid to the church for every plough-land, or hide of land — E. a C, [See L. J, i).] PLURALITY {pluralitas), signifying the plural number, is mostly applied to such clergymen who have more benefices than one ; and Selden mentions trialities and quadralities, where one person hath three or four livings. Plurality of livings is where the same person claims two or more spiritual preferments, with cure of souls ; in which case the first is void ipso facto, and the patron may present to it if the clerk be not qualified by dispensation, &c. ; for the law enjoins residence, and it is impossible that the same person can reside in two places at the same time. ' By the canon law no ecclesiastical person can hold two bene-, fices with cure ; but the Pope, by usurpation, dispensed with) that law ; and at first every bishop had power to grant dispen- sations for pluralities till it was abrogated by a general council, held A.D. 1273; and this constitution was received till the stat. 21 Henry YIIL cap. 13. By the foregoing statute, if any parson, having one benefice* with cure of the yearly value of £^ or above in the king's i books, accept of another benefice with cure, and is instituted! and inducted, the first benefice is declared void, so that therej may be a plurality within the statute and a plurality by the^ canon law. By a statute of George III. curacies augmented by J Queen Anne's Bounty are to be considered as benefices. ' The power of granting dispensations to hold two benefices with cure, &c., is vested in the king and in the Archbishop of Canterbury. It has been adjudged that a dispensation is not necessary for a plurality where the king presents his chaplain to a second benefice ; for such a presentment imports a dispensa- tion, which the king has power to grant as supreme ordinary; but if such a chaplain be presented to a second benefice by a subject, he must have a dispensation before he is instituted to it. The archbishop's dispensation and king's confirmation regu- larly are necessary to hold pluralities; and the stat. of 21 Henry VIII. ought to be construed strictly, because it intro- POLL-TAX— POSTULATIOK 36 1 duces non-residence and plurality of benefices against the com- mon law. — jT. L. D. [See also P. E. L. ; C. L, C. C, ; 21 Hen. VIIL cap. 13 ; and i & 2 Yict. cap. 106.] POLL-TAX. A tax imposed by Edward IIL, by which beneficed clergymen were made to pay is. per head, and other persons, above fourteen, 4d. POME. A ball of silver or other metal, filled with hot water, which was placed on the altar during the winter months to prevent mishap with the chalice from the hands of the priest becoming numb with cold. — Diredorium Anglicanum. PONTIFICAL, THE, contained those occasional offices which could be administered by a bishop only, such as confirmation, ordination, &c. Our ordinal follows the old pontificals in all essential matters, but omits most of those ceremonies and rites of human devising which had gathered round the simple ritual of the primitive Church. — Evan Daniel. POOR MAN S BOX or POOR MEN'S BOX. At one time it was directed that the collection at the offertory should be put into the Poor- Man's Box — a term which (in imitation of the Scotch liturgy) was subsequently altered to a decent basin. It is clear, however, from many documents, that basins of gold and silver and other metal were used in the Church of England ever since the Eeformation. The Poor-Man's Box does not seem to be the same as the Alms' Chest, prescribed by the 84th canon. So Wheatley observes : " l^ot, I presume, into that fixed in the church, but into a little box which the church- wardens or some other proper persons carried about with them in their hands, as is still the custom at the Temple Church in London, "--iy. C. D. PORTARIUS. An officer who seems to have been appointed to take care of the carriages and suchlike in a monastery ; that he was not the janitor or porter seems probable, for divers have been promoted to be abbots from that office. — B, E. L, PORTIONER (jportionarius). Where a parsonage is served by different ministers alternately, the ministers are called por- tioners, because they have but their portion, or proportion, of the tithes or profits of the living. The term portion is also applied to that allowance which a vicar commonly has out of a rectory or impropriation. — T, L, D, [See 27 Hen. YIIL cap. 28.] POSTULATION (postulatio, a petition). Formerly, when a bishop was translated from one bishopric to another, he was not elected to the new see, and the pretence was that he was married to the first church, which marriage could not be dissolved but 362 PK^CEPTOKIES— PEAYEES FOE THE DEAD, by the Pope ; thereupon he was petitioned, and, consenting to the petition, the bishop was translated, and this was said to be by postulation; but this was restrained by 16 Eichard II. cap. 5. —T. L, D. PR^CEPTOEIES (prceceptoria). A kind of benefices, hav- ing their name from being possessed by the more eminent tem- plars, whom the chief master by his authority created and called Prceceptores Templi. And of these prseceptories there are recorded sixteen, as belonging to the templars in England, viz., Cressing Temple, Ealshal, Shingay, ^N'ewland, Yevely, Witham, Templebruere, Willington, Eotheley, Ovenington, Temple Combe, Trebigh, Eibstane, Mount St. John, Temple Nusum, and Temple Hurst. But some authors say these places were cells only, subordinate to their principal mansion in the Temple in London. — T, L. B, [See 32 Hen. YIIL cap. 24.] PE^DIAL TITHES are such as arise merely and immediately from the ground, as grain of all sorts, hay, wood, fruits, herbs ; for a piece of land or ground being called in Latin prcedium (whether it be arable, meadow, or pasture), the fruit or produce thereof is called prsedial, and consequently the tithe payable for such annual produce is called a prsedial tithe. — B. L. B, PR-ffiMONSTRATENSES. The praemonstratenses were canons who lived according to the rule of St. Austin, reformed by St. Norbert, who set up this regulation about the year 11 20 at Praemonstratum, in Picardy, a place so called because it was said to have been foreshown or praemonstrated by the Blessed Yirgin to be the head seat and mother church of this order. These canons were from their habit called white canons. They came into England soon after the year 11 40, and settled first at New House in Lincolnshire. They had in England a con- servator of their privileges, but were nevertheless often visited by their superiors at Premonstre, and continued under their jurisdiction till the year 15 12, when they were exempt from it by the bull of Pope Julius 11. , confirmed by King Henry YIIL, and the superiority of all the houses of this order in England and Wales was given to the abbot of Welbeck in Nottingham- shire. There were about thirty-five houses of this order. — B, E. L. [See 35 Edw. I. stat. i, cap. i.] PRAYERS FOR THE DEAD. In the eucharistic offices of the ancient Church, it was provided that prayers should be offered, not only for all orders and degrees of men in the Church militant on earth, but that there should be also a particular PREACHING— PREACHING FRIARS. 363 commemoration of all those who had departed in the faith, with prayers for their continual rest, happiness, and peace in the Lord. This practice was of very great antiquity, and prevailed throughout the Church, as is evident from the writings of the fathers, and the concurrent testimon}^ of all the ancient liturgies. —S, E. D. [See also B. D. D. H, PREACHING. Every beneficed preacher, residing on his benefice, and having no lawful impediment, shall in his own cure, or some neighbouring church, preach one sermon every Sunday of the year ; and if any beneficed person be not allowed to be a preacher, he shall procure sermons to be preached in his cure by licenced preachers ; and every Sunday whereon there shall not be a sermon, he or his curate is to read one of the homilies. No person, not examined and approved by the bishop, or not licenced to preach, shall expound the Scripture, &c. ; nor shall any be permitted to preach in any church but such as appear to be authorised thereto by showing their licence ; and churchwardens are to note in a book the names of all strange clergymen who preach in their parish, to which book every preacher is to subscribe his name, the day he preached, and the name of the bishop of whom he had licence to preach. — Canons 44, 45, 49- If any clergyman licenced to preach refuses to conform to the ecclesiastical laws, after admonition, the licence of every such preacher shall be void ; and if any parson preach doctrine con- trary to the Word of God, or the articles of religion, notice is to be given of it to the bishop by the churchwardens, &c. So likewise of matters of contention and impugning the doctrine of other preachers in the same church, in which case the preacher is not to be suffered to preach, except he faithfully promise to forbear all such matter of contention in the church, until the bishop hath taken further order therein. — Canons 53, 54. No minister shall preach or administer the sacrament in any private house, unless in times of necessity, as in case of sickness, &c., on pain of suspension for the first offence, and excommuni- cation for the second, which last punishment is also inflicted on such ministers as meet in private houses to consult on any matter tending to impeach the doctrine of the Church of Eng- land. — T, L. D, [See P. E. L., p. 1023; i Edw. YI. cap. 14, sec. II ; and also 34 & 35 Hen. YIII. cap. i, sec. 10.] PREACHING FRIARS. The name first given to the Dominicans. Subsequently the Franciscans were called preach- ing brethren. — S, E, D. 3^4 PEEBEND-^PRECENTOE. PREBEND is an endowment in land, or pension in money, given to a cathedral or conventual church in prcebendum, that is, for the maintenance of a secular priest or regular canon, who was a prebendary, as supported by the said prebend. Authors generally confound the two words prebend and prebendary ; whereas the former signifies the office or the stipend annexed to that office, and the latter signifies the officer or person who executes the office and enjoys the stipend or prebend. Prebendaries and canons of cathedral and collegiate churches have this in common, that they have each a portion of the revenues of the church for their subsistence ; the one under the title of prcehenda, prebend, the other under the title of canonica or canonicate ; and have each places and voices in the chapter. But they differ in this, that the former receives his portion or prebend in consideration of his officiating and serving in the church ; but the latter without any such consideration, merely by his being received into the cathedral or college, ^er assignatum stallum in clioro^ et locum in capihdo. Golden Prebendary of Hereford, called aho prcehendarius epis- copi, was one of the twenty-eight minor prebendaries who had, ex officio, the first canon's place that was vacant. He was anciently confessor of the bishop and cathedral, and had the altarages, on which account he was called the golden prebendary. — B. L, D. and E. G. C. [See P. E. L., and i Mary, sess. 3, cap. 9.] PRECEDENCE, amongst the nobility, by stat. 31 Henry YIIL cap. I o, was thus regulated : On the right side of the parliament chamber the Archbishop of Canterbury, next to him the Arch- bishop of York, next to him the Bishop of London, next to him the Bishop of Durham, next to him the Bishop of Winchester, and then all the other bishops according to their seniority. On the left side, on the higlier part of the form, the lord chancellor, lord treasurer, lord president of the council, the lord privy seal, above all dukes, except those of the royal family. Xext, the great chamberlain, the constables, the marshal, the lord admiral, the grand master or lord steward, and the king's chamberlain. Then the king's chief secretary, being of the degree of a baron, and all dukes, marquises, earls, viscounts, and barons, after their ancestry. — B. L. D. PRECENTOR. The chorister in a monastery who had the chief care of the choir service, and not only presided over the singing men, organist, and choristers, but provided books for them, paid them their salaries, and repaired the organ. He had also the custody of the seal, and kept the liber diurnalis or PKECEPTS OF THE CHUECH— PEEMUNIEE. 365 cliapter-book, and provided parchment and ink for the writers, and colours for the limners of hooks for the library. — B. E. L. PRECEPTS OF THE CHURCH, as once enjoined in the Church of England, i. To hear mass on Sundays and holy-days. 2. To fast in Lent, on vigils, and ember days, and observe the days of abstinence. 3. To confess at least once a year. 4. To com- municate at Easter. 5. To pay tithes. 6. ]N'ot to marry at certain times, and to respect lawful impediments. — S. E. D. PRECES. The ancient name for the versicles and responses which, in the Prayer-Book, follow the Lord's Prayer and the Creed.— aS^. E. D. PREFACES. Proper forms in the Communion Office intro- duced by the priest on particular festivals just before the anthem commencing " Therefore with angels," &c. PRELATE. An ecclesiastic of the highest order and dignity having jurisdiction over other ecclesiastics. An archbishop, bishop, &c. PREMUNIRE, PRAEMUNIRE. A term used both for an offence, for a writ granted thereupon, and for the punishment thereof. Premunire may be thus briefly explained : — Anciently the Church of Eome, on pretence of her supremacy, and the dignity of St. Peter's Chair, took upon her the disposal of most of the bishoprics, abbeys, and other ecclesiastical benefices of worth, by mandates or bulls, called expectative graces and provisiones before they become void. Edward III, not brooking so intolerable an encroachment, made several statutes against those who drew the king's people out of the realm, to answer to things properly belonging to the King's Court ; and another to restrain the privilege of th^ Pope. The Pontiff, however, still persisted in his pretensions, and the conflux of people from England to Eome, to sue for them, was as great as ever. This occasioned Eichard 11. to make several statutes of the like import with those of Edward IIL, particularly one, where he assigned their punishment to be this, *'that they should be out of the king's protection, attached by their bodies, i.e.^ imprisoned during life, and lose their lands, goods, and chattels;'' which is since called the penalty of a praemunire. Henry lY. made new statutes against other abuses of this kind not fully obviated in those of his predecessors, adding certain new cases, and laying on them the same penalty. By later statutes, the like penalty of praemunire was laid on some other offenders, as, e.g., by that of i Elizabeth, on him who denied the king's supremacy a second time ; by 13 Elizabeth, on those who 366 PEEEOGATIVE COUET— PRESENTATIOK asserted the Pope^s authority, or refused the oath of supremacy ; on seditious talkers of the inheritance of the crown ; and such as affirmed the king or queen to be a heretic. And by stat. 13 Charles II. on those who affirmed that the parliament begun November 1640 was not yet dissolved; or that there was any obligation in an oath or covenant, &c., to endeavour a change of government either in Church or State ; or that the houses of parliament had a legislative authority without the king. Praemunire is now chiefly used for the punishment appointed by the statutes above-mentioned. Thus, when it is said a man for an offence shall incur a praemunire, it is meant he shall incur the penalty appointed by the stat. 16 Eichard II., com- monly called the Statute of Praemunire. — E. C. C. [See 16 Eich. II. cap. 5 ; 32 Hen. YIII. cap. 24, sec. 3 ; 5 Eliz. cap. i, sec. 21 ; and i Mary, sess. i, cap. i, sec. 5.] PREROGATIVE COURT (Curia Prcerogativa ArcUepiscopi Cantuariensis). The court wherein all wills are proved, and all administrations taken which belong to the archbishop by his prerogative ; that is, in case where the deceased had goods of any considerable value out of the diocese wherein he died, and that value is ordinarily ;^5, except it be otherwise by compo- sition between the archbishop and some other bishop, as in the diocese of London it is £10, And if any contention grow between two or more, touching such will or administration, the cause is properly decided in this court, the judge whereof is termed Judex Gurice Prcerogativce Cantuariensis, the Judge of the Prerogative Court of Canterbury. The Archbishop of York has also the like court, which is termed his exchequer, but inferior to this in power and profit. As to the prerogative of the Archbishop of Canterbury or York, see the book intituled De Antiquitate Britannicce Ecclesice Can- tuariensis Historia, especially the eighth chapter, p. 25. — T. L. D, [See P. E, L., pp. 1259, 1260.] PRESBYTER. A priest or minister of the second spiritual rank or order of the clergy ; a member of a presbytery. PRESENTATION TO A BENEFICE is the offering a clerk to the ordinary to be admitted. After presentation, the bishop has the right of examination of the person presented ; and if he finds him disqualified, he may refuse him. The most common and ordinary cause of refusal is want of learning, but there are other causes ; as if a man has been convicted of per- jury or other grievous crime, if he be outlawed, excommunicate, or an heretic. If the refusal be for heresy, want of learning, PEESENTATION TO A BENEFICE. 367 or other matter of ecclesiastical cognisance, the bishop, if the patron is a layman, must give notice to him of the refusal, otherwise lapse will not incur ; but if the cause be temporal, the bishop is not bound to give notice. If the bishop refuses without good cause, the patron has a remedy against him by a qiiare impedit in the temporal court ; and the clerk has a remedy by duplex querela in the court spiritual. The presentation must be tendered to the bishop within a hundred and eighty-two days after the living is vacant, else it lapses to the bishop ; and if the bishop do not collate in half a year more, it lapses to the archbishop ; and from him in a like time to the king, who may stay as long as he pleases ; for nullum tempus occurrit regi. By some customs, a lay patron has only four months' time to make his presentation in ; and if he have pre- sented a person incapable, he may vary it, and make a new presentation within the four months. The word is formed from the ancient phrase, prcesentare ad ecclesiam, which originally signified the patron's sending or placing a person in a church ; and which itself is formed from reprcesentare, which, Selden observes, is used in the Council of Lateran, and elsewhere, for prcesentare. — B. L, D, and E, C. (7. [See P. E, i., pp. 341-530 ; C. L. C. (7., pp. 497-505 ; 14 Edw. III. stat. 4, cap. 2 ; 25 Edw. III. stat. 3, caps. I & 7; 25 Edw. III. stat. 6; 4 Hen. lY. cap. 22 ; 31 Eliz. cap. 6, sees. 5-10; 7 & 8 Geo. lY. cap. 25 ; and 9 Geo. lY. cap. 94.] Presentation (Form of). — "To the most reverend father in God, R, by Divine Providence, Lord Archbishop of Canterbury, Primate of all England and metropolitan (if it be to the Archbishop of York, the word * all ' must be omitted ; if to any other bishop, then thus :) — To the right reverend father in God, R., Lord Bishop of , or in his absence to his vicar-general in spirituals, or to any other person having or who shall have sufficient authority in this behalf, I, Sir W. S., baronet, true and undoubted patron of the rectory of the parish church of [or of the vicarage of ], in the county of , and in your diocese of , now vacant by the death [or resignation, or otherwise, as the case shall be] of A. B., the last incumbent there, do present unto you, C. D., clerk, master of arts, humbly requesting that you will be pleased to admit the said C. D. to the said church, and to institute and cause him to be inducted into the same, with all its rights, members, and appurtenances, and to do and execute all other things in this behalf which shall belong to your episcopal office. In witness whereof I have hereunto set my hand and seal the day of in the year Presentation, Duties and form relating to. By 33 and 34 Yictoria, cap. 97 (the Stamp Act, 1870), sec. 3, From and after the commencement of this act, and subject to the exemptions 368 PKESENTATION TO A BENEFICE, contained in the schedule to this act, and in any other acts for the time being in force, there shall be charged for the nse of her Majesty, her heirs and successors, upon the several instruments specified in the schedule to this act, the several duties in the said schedule specified, and no other duties." And in the schedule to the act the stamps applicable to the entry on bene- fices are thus set forth : — " Appointment, whether by way of donation, presentation, or nomination, and admission, collation, or institution to or licence to hold any ecclesiastical benefice, dignity, or promotion, or any perpetual curacy in England/' If the net yearly value thereof exceeds ^50 and does not exceed ;fioo 100 „ „ 150 150 „ „ 200 200 „ „ 250 250 » „ 300 11 11 £100 200 300 400 500 700 300 And also (if such yearly value exceeds ;^^oo) for every ;£ioo of such yearly value over and above ;^2oo, a further duty of £5- In order to procure the certificate of value from the Eccle- siastical Commissioners, application should be made by the secretary to the commissioners, in the following form : — Form of Application for Certificate of the Value of a Living under $ &> 6 Vict. cap. 79, and 6 & 7 Vict. cap. 72. " To the Ecclesiastical Commissioners for England. " The , of , in the county of , and diocese of , and in the patronage of , having become vacant on the day of last, by the of the Kev. ; and the Rev. being about to be thereto, the Ecclesiastical Commissioners for England are requested to certify the net yearly value thereof, according to the provisions of the acts 5 & 6 Vict. cap. 79, and 6 & 7 Vict. cap. 72. (Date) . " (Signature) In answer to this application, a form of certificate will be sent from the office of the Ecclesiastical Commissioners, which is to be indorsed on the instrument of presentation, &c., and then transmitted to the same office for signature ; after which, the presentation, &c. , will, on its being taken to the Stamp Office, be properly stamped. 2. Letters of orders, deacon, and priest. 3. Letters testimonial by three beneficed clergymen, in the following form : — " To the Right Reverend , Lord Bishop of . " We, whose names are hereunder written, testify and make known, that A. B., clerk, A. M., (or other degree), presented (or to be collated, as the case ma'v be) to the canonry, &c., &c., (or to the rectory or vicarage, as the PRESENTEE— PRESENTMENT. 369 case may be), of , in the county of , in your lordship's diocese, hath been personally known to us for the space of three years last past ; that we have had opportunities of observing his conduct ; that, during the whole of that time, we verily believe that he lived piously, soberly, and honestly; nor have we at any time heard anything to the contrary thereof; nor hath he at any time, as far as we know or believe, held, written, or taught anything contrary to the doctrine or discipline of the United Church of England and Ireland ; and, moreover, we believe him in our consciences to be, as to his moral conduct, a person worthy to be admitted to the said canonry or benefice (as the case may be). " In witness whereof we have hereunto set our hands, this day of , in the year of our Lord 1 8 — " C. D. rector of . *' E. E. vicar of . "G. H. rector of ." If all the subscribers are not beneficed in the diocese of the bishop to whom the testimonial is addressed, the counter-signature of the bishop of the diocese wherein their benefices are respectively situate is required. 4. A short statement of the title of the patron in case of a change of patron since the last incumbent was presented. The same subscriptions and declarations are to be made, and oaths taken, as by a clergyman on being licenced to a perpetual curacy. [See Curacy.] If the clergyman presented, or to be collated, should be in possession of other preferment, it will be necessary for him (if he wishes to continue to hold a cathedral preferment, or a benefice with the cathedral preferment, or benefice to which he has been presented, or is to be collated), to look to the provisions of the act I & 2 Victoria, cap. 106, sees. I- 1 4, before he is instituted or collated. PRESENTEE. The clerk presented to a church by the patron. In 13 Eichard 11. stat. i, cap. i, the king's presentee is he whom the king presents to a benefice. — T, L. D. PRESENTMENT. The old term for presentation to a church or benefice. PRESENTMENT, CHURCHWARDENS'. By virtue of Canon 119, the following articles of inquiry are required to be presented by the churchwardens to the ordinary at every visi- tation. I. 1. Who is your minister ? 2. Does he usually serve his cure himself ? 3. Does he reside in the parsonage house ? 4. Is he of sober life and conversation ? 5. At what hours does he celebrate divine service? 6. Does he read divine service properly habited, reverently, distinctly, and audibly, as prescribed by the Book of Common Prayer, without addi- tions, diminutions, or alterations ? 7. Is the sacrament of baptism administered in the church (except in cases of necessity), and during the time of divine service ? 8. Are those who are privately baptized afterwards publicly received into the church ? 2 A 370 PEESENTMENT, CHUECHWARDEXS'. 9. Is the sacrament of the Lord's Supper administered so that every parishioner may receive it thrice a year at least ? 10. Is timely warning given thereof ? 11. How often does your minister preach ? 12. Does he publicly instruct and examine the children in the Church Catechism ? Where, and at what times ? 13. Does he publicly prepare the children for confirmation ? 14. Does he visit the sick regularly and diligently ? 1 5. Are your registers deposited in an iron chest, and where is the chest kept ? 16. Are the entries duly made and transcripts sent to the bishop's registry ? II. 1. Are the body and roof, tower and steeple, walls and battlements, of your church maintained in good repair ? 2. Are your windows well glazed and leaded, and are there casements to admit air ? 3. Are the floors well paved and even ? 4. Is the chancel in good repair ? 5. Is your church dry and well aired ? 6. Are your pulpit and reading desk in good order ? 7. Have you a large Bible, a Book of Common Prayer for the minister, and another for the clerk, entire, clean, and in good order ? 8. Have you a decent stone font for the administration of baptism, and does it stand in the accustomed place, where fonts have anciently and usually stood, at or near the west end of the church ? 9. Have you in your chancel a communion table, with suitable fur- niture ? 10. What several vessels have you for the administration of the Lord's Supper, and of what materials ? 1 1. Are your bells, bell-frames, &c., in thorough repair? 1 2. Are the doors of your church opened, and the bells rung and tolled, a reasonable time before service ? 13. Are the bells rung at any other times without the leave of the minister and one churchwarden ? 14. Is your church regularly swept and kept free from dust and dirt? 15. Is your churchyard well fenced, its doors and gates in good repair, and its churchways well kept up ? 16. Are any encroachments made on it? Are any cattle allowed to depasture to the injury of the churchyard and graves therein ? 1 7. Are the houses and outhouses of your incumbent in good repair ? 18. Have you a terrier of all lands, tenements, pensions, rent-tithes, or portions of tithes, and other dues and customs payable to your incumbent ? III. 1. Are your churchwardens chosen every year according to the custom of your parish, and what is that custom ? 2. Are your rates for the repair of your church regularly made, and your accounts passed in vestry ? 3. Do you attend divine service regularly, and keep order in the church during its celebration ? 4. Do you prevent idle persons from abiding in the church -porch or churchyard during service ? PRESIDING BISHOP— PEIEST, PEESBYTER. 371 5. Are there any persons in your parish known, or openly suspected, of any crime presentable by the ecclesiastical laws of this realm ? 6. Are there any who profane the Lord's Day by following their worldly callings, or who keep open shops, or suffer persons to tipple in their houses on that day ? 7. Is your parish clerk competent to his duties, and of honest life and conversation ? 8. Is psalmody duly encouraged under the direction of the minister ? 9. Do you provide bread and wine for the Communion at the charge of the parish ? 10. Are there any funds kept for the repairs of your church ? 11. Is there, or has there been, any free school, hospital, almshouse, parochial library, or donation to charitable uses, within your parish ? 12. Do you know of any abuse in the management of these charities? 13. Is the key of the church kept where the minister directs? 14. Are such repairs and improvements made, or in progress, as have been ordered at the last general visitation ? 15. Hath any officer of the Archdeacon's Court demanded or taken undue and unreasonable fees for any cause or matter transacted by him ? r i\ \ ( Church- ^ \ \ wardens, PRESIDING BISHOP. The archbishop or bishop who presides in the Upper House of Convocation or at a meeting of bishops. PRESTATION-MONEY (prcestatio, a payment of anything due) was a sum of money paid by archdeacons yearly to their bishop.— T. L. D, PEIE DIEU. A kneeling desk covered with hanging, and placed in a retired part of the inner sacristy. — Directorium Anglicanum. PRIEST or PRESBYTER is a person invested with holy orders, by virtue of which he has a power to preach, administer the sacraments, &c. By Canon 34 a man must be twenty-four years of age before he be admitted to the priesthood, anciently thirty years were required. In the ancient Church, when the deacons had the management and administration of its revenues, their authority increased so much that in a little time they became possessed of greater power than the priests. Eut the order of deacons having been instituted without any other func- tions than to serve tables and assist the priest at the altar, the superiority of the priests was thus acknowledged. Add to this, that the order of a deacon being necessary to arrive at that of a priest, there is no room to dispute the precedency. Eut the deacons who had retained their function, had the disposal of the revenues and paid the priests their pensions, maintained their superiority until the sixth Council in Trullo 372 PEIESTS^ LETTERS OF OEDERS— PEIOR. pronounced judgment on the dispute, and gave the pre-eminence to the priests. —J^. C, (7. [See P. E. L., p. 134 ; B. D. D. H. T, ; 13 Eliz. cap. 12 ; 13 & 14 Chas. 11. cap. 4, sees. 13 & 14; and 3 & 4 Edw. YL, cap. 12.] PRIESTS' LETTERS OF ORDERS, FORM OF. "By the tenor of these presents, We , by Divine Providence (or otherwise, as the case may be), do make it known unto all men that on Sunday, the day of , in the year of our Lord , We the arch- bishop (or bishop) before mentioned, solemnly administering holy orders under the protection of the Almighty, in the cathedral, collegiate, or parish church of , in the county of , did admit our beloved in Christ, , of whose virtuous and pious life and conversation, and competent learning and knowledge in the Holy Scriptures, we were well assured, into the holy order of priesthood, according to the manner and form prescribed and used by the Church of England ; and him, the said , did then and there rightly and canonically ordain priest, he having first in our presence freely and voluntarily subscribed to the Thirty-Nine Articles of religion, and to the three articles contained in the 36th canon, and he like- wise having taken the 'oath appointed by law to be taken for and instead of the oath of supremacy." PRIME. One of the canonical hours of prayer. — S, JE, D. PRIMERS were brief manuals of devotion and elementary religious instruction. The earlier ones contained, probably, merely the Creed, Lord's Prayer, and Ten Commandments ; the later were much fuller. They were occasionally composed in English wholly, but sometimes partly in English and partly in Latin. Subjoined is the Creed, as given in Blunt's " Key to the Prayer-Book," from a Primer of 1400 : — "I bileue in god, fadir almygti, makere of heuene and of erthe : and in iesu crist, the sone of him, oure lord, oon alone : which is conceyued of the hooli gost : born of marie maiden : suffride passioun undir pounce pilat : crucified, deed, and biried : he went down to hellis : the thridde day he roos agen fro deede : he steig to lieuenes ; he sittith on the rigt syde of god the fadir almygti : thenns he is to come for to deme the quyke and deede. I beleue in the hooli goost : feith of hooli chirche : communynge of seyntis : forgyvenesse of synnes : agenrisyng of fleish, and euerlastynge leyf. So be it." — JEvan DanieL PRIMITI^. The first-fruits gathered of the earth, whereof the ancients made presents to the gods. In Leviticus the pri- mitia3 of all fruits are enjoined to be offered to God. In our law the primitise are one year's profits, after avoidance, of every spiritual living, as rated in the king's books. — E. C. C, PRIOR is particularly used for a superior of a convent of monks, or the second person after the abbot Priors were either PRIORIES. 373 claustral or conventual. Conventual priors were the same as abbots, all the difference between them being in name ; both having the same rights, and both alike governors of monasteries. A claustral prior was he who governed the religious of an abbey or priory in commendam, so called because he had superiority in the cloister or monastery. His jurisdiction was wholly from the abbot, and ended with the abbot's death, unless he had been elected by the whole convent. Conventual priors were of two kinds, viz., regular conventual priors, who governed religious living in community, and secular or commendatory-conventual priors. Conventual priors were obliged to take up the priesthood within a year, or at most two, from the dates of their appoint- ment ; in default whereof their benefices were declared vacant. Priors had to be twenty-five years old before they could govern the convent, and twenty if the convent was governed by another. Grand prior was the superior of a large abbey where several superiors were required, as in the abbeys of Cluny and Fecamp. In the monastery of St. Denis there were anciently five priors, the first whereof was called the grand prior. In most monas- teries there was also a sub-prior. There were also grand priors in the military orders, as in that of Malta, or St. John of Jeru- salem, &c. Priors aliens w^ere certain religious, born in France and Normandy, who were appointed superiors of religious houses, erected for those of their nationality in England. These Henry Y., deeming them of no benefit to the country, sup- pressed, and their property was afterwards given by Henry VI. to other monasteries and houses of learning, but chiefly, as Stow observes, to the erecting of those two famous colleges called the King's Colleges of Cambridge and Eton. — E. C. C, [See 52 Hen. III. cap. 10; 26 Hen. VIII. cap. 3; 31 Hen. VIIL cap. 6 ; and i Eliz. cap. 4.] FHIOEIES. A priory was a society of religious, where the chief person was termed a prior or prioress, and of these there were two sorts — (i) where the prior was chief governor as fully as an abbot in his abbey, and was chosen by the convent, such were the cathedral priors and most of the Austin order; (2) where the priory was a cell, subordinate to some great abbey, and the prior w^as placed and displaced at the will of the abbot. But there was a considerable difierence between some of these cells. For some were altogether subject to their respective abbeys, who sent them what officers and monks they pleased, and took their revenues into the common stock of the abbeys. But others consisted of a stated number of monks, who had a / 3 74 PKIVATION— PEOBATE. prior sent them from the abbey, and paid a pension yearly as an acknowledgment of their subjection, but acted in other matters as an independent body, and had the rest of the revenues for their own use. These priories or cells were always of the same order with the abbeys on whom they depended, though some- times of a different sex, it being usual after the Conquest for the great abbeys to build nunneries in some of their manors, which should be priories to them and subject to their visitation. There were also priories alien, which were cells to foreign monasteries ; for when manors or tithes were given to foreign monasteries, the monks, either to increase their own rule, or perhaps rather to have faithful stewards of their revenues, built convenient houses for the reception of a small convent, and then sent over such a number as they thought proper, continuing priors over them. And there was the same difference in these cells as in the former ; for some of them were conventual, and had priors of their own choosing, and these were entire societies within themselves, and received the revenues belonging to their several houses for their own use and benefit, paying only the ancient apport (ci'pjportum^ perhaps from porta, I carry), or what was at first the surplusage, to the foreign house. But others depended wholly upon the foreign houses ; their monks also were often foreigners, and both of them removable at pleasure, and they returned all their revenues to the foreign head houses, for which reason their estates were generally seized during the wars between England and France, and restored to them again upon a return of peace. These alien priories were most of them established by such as had foreign abbeys founded by themselves, or by some of their family. — B. E. L, [See Abbeys.] PRIVATION {privatio). A taking away or withdrawing, most commonly applied to bishops and clergy when they are deprived of their preferments. It seems to be an abbreviation of the word deprivation. — T. L. Z). PRIVILEGIUM CLERIC ALE. The benefit of clergy.— T. L. D. PROBATE OF WILLS was originally of temporal cognisance, afterwards the jurisdiction thereof belonged to the county court, where the bishop and sheriff jointly sat as judges in matters both temporal and spiritual ; but after the separation of the ecclesiastical courts from the temporal, the jurisdiction of wills generally followed the courts ecclesiastical. Generally the will is to be proved before the bishop of the diocese wherein the testator lived, or before his ofiicer spe- PEOCESSION— PEOCTOES. 375 cially appointed ; but in case tlie testator had goods in some other diocese than that wherein he died to the value of or upwards, the testament must be proved in the prerogative court of the archbishop of the province. — B. L. D. PROCESSION. Often a part of or an appendage to divine service, consisting of a solemn march of clergy and choristers in their robes, singing psalms and hymns, &c., before or after the service. Formerly there were general processions of the people in jubilees and in public calamities. The processions of the Holy Sacrament were very solemn. There were also processions frequently around the church, at the salutations, &c., in the mass. Anciently, among us, there were, in each parish, cus- tomary processions of the parish priest, and the patron of the church, with the chief flag or holy banner, attended by the other parishioners, each Ascension Week ; to take a circuit round the limits of the parish, and pray for a blessing on the fruits of the earth. Of which custom there still remains a shadow in that annual perambulation still called processioning, though the order and devotion of the ancient processions be almost lost.— ^. c. a PROCESSIONAL BANNER. A banner formerly used at the Eogation and other processions. It had usually the patron saint of the particular church where it was used painted or wrought upon it. — S. E, D. PROCESSIONALS. A book containing services to be said or sung in processions, litanies, psalms, antiphons, and hymns. PROCTOR, PROCURATOR. A person commissioned to act as proxy or delegate in behalf of another. Proctor, procurator, in the civil law, is an officer appointed to appear in court and manage the causes of parties who will make use of his procuration. Anciently everybody was obliged to appear in person, but when a case happened to be drawn out to a great length was allowed to appoint a proctor or proxy in his cause. But this was a favour only granted for a certain time. Towards the middle of the i6th century it was decreed that all procuration should hold till revoked. — K C. C, [See F. K L., p. 12 19, &c.] PROCTORS OF THE COMMONS are persons skilled in the civil and ecclesiastical laws, who exhibit their proxies, and make themselves parties for their clients, to draw up acts and plead- ings, produce witnesses, prepare causes for sentences, and attend the advocates in the proceedings. They are thirty-four in 376 PROCTOES OF THE CLEEGY— PEOCURATOE. number, are admitted by the arclibisbop's fiat, and wear black robes and hoods lined with white furs. — E. G. G. [See P. K L., p. 1219; 53 Geo. III. cap. 127, sees. 8 & 9; and 54 Geo. III. cap. 68, sees. 9 & 10.] PROCTORS OF THE CLERGY {procuratores deri). They who are chosen and appointed to appear for cathedral or other collegiate churches, as also for the parochial clergy of every diocese to sit in the Convocation House in the time of parlia- ment. On every new parliament the crown directs a writ to the archbishop of each province for the summoning of all bishops, deans, archdeacons, &c., to the convocation, and generally of all the clergy of his province, assigning them the time and place in the writ ; then the Archbishop of Canterbury, on his writ received, according to custom, directs his letters to the Bishop of London, as his provincial dean, first citing him peremptorily, and then willing him to cite in like manner all the bishops, &c. , and generally all the clergy of his province, to the place, and on the day prefixed in the writ ; but directing withal that one proctor be sent for every cathedral or collegiate church, and two proctors for the body of the parochial clergy of each diocese ; and by virtue of these letters, authentically sealed, the Bishop of London directs his like letters severally to the bishop of every diocese of the province, citing them in like manner, and willing them not only to appear, but also to admonish the deans and archdeacons personally to appear ; and the cathedral and colle- giate churches, and the common clergy of the diocese, to send their proctors to the place at the day appointed ; and also willeth them to certify to the archbishop the names of every person so warned by them, in a schedule annexed to their letter certifi- catory ; then the bishops proceed accordingly, and the cathedral and collegiate churches, and the body of the clergy, make choice of their proctor ; which being done and certified to the bishop, he returns all on the appointed day. — T. L, D. [See P. E. L., p. 1219, &c.] PROCURATOR is one who has a charge committed to him by any person ; in which general signification it has been applied to a vicar or lieutenant, who acts instead of another ; and we read of procurator regni and procurator reipuhlicce^ which is a public magistrate ; also proxies of lords in parliament are in our law books called procuratores. The bishops are some- times termed 2^'^^ocuratores ecclesiarum ; and the advocates of religious houses, who were to solicit the interest and plead the PEOCUEATIOiT— PEOHIBITION. causes of the societies, were denominated procuratores monasteri L And from this word proceeds the common word proctor. — B. L. D, PROCURATION or PROCURACY. An act or instrument whereby a person is empowered to treat, transact, receive, &c., in another's name, as if he himself were actually present. Procuration in the canon law is used for the repast or enter- tainment anciently given to church officers or ordinaries, who came to visit in churches or monasteries, whether they were bishops, archdeacons, or visitors. Complaints were frequently made to the Pope of the excessive charges of the procurations of bishops and archdeacons, upou which they were prohibited by several councils and bulls. That of Clement lY., mentioned in the " Monasticon," is very express, wherein that Pope tells us. Complaint hath been made that the Archdeacon of Kichmond, visiting the diocese, travelled with one hundred and three horses, twenty-one dogs, and three hawks ; and so grievously oppressed a religious house with that vast equipage, that he caused the monks to spend in an hour as much as would have maintained them a long time. Procuration is due to the person visiting of common right ; and although originally due by reason of visitation only, yet the same may be due without actual visitation. A libel was brought in the spiritual court for procurations by the Archdeacon of York, setting forth that for ten or twenty years, &c., there had been due and paid to him so much yearly by a parson and his predecessors ; who suggested as a reason for a prohibition that, though a duty had been payable, there was no prescription, and that the Ecclesiastical Court cannot try prescriptions ; but it was adjudged that procurations are payable of common right as tithes are, and no action will lie for the same at common law ; if the parson had denied the quantum, then a prohibition might go. — E. C. C. and T. L. D, [See P. ^. Z., p. 1359 ; and 34 & 35 Hen. YIII. cap. 19.] PROFESSION was used particularly for the entering into any religious order, by which the monk offered himself to God by a vow of three things, obedience, chastity, and poverty, which he promised constantly to observe ; and this was called sandce religionis profession and the monk a religious professed. And this entering into religion, whereby a man is shut up from all the common offices of life, was by our law termed a civil death. — B, L, D. PROHIBITION. The general grounds for a prohibition to 37^ PEOHIBITIOX the ecclesiastical courts are either a defect of jurisdiction or a defect in the mode of trial. If any fact be pleaded in the court below, and the parties are at issue, the court has no jurisdiction to try it, because it cannot proceed according to the rules of the common law ; and in such a case a prohibition lies. Or where the spiritual court has no jurisdiction, a prohibition may be granted even after sentence. But where it has jurisdiction and gives a wrong judgment, this is the subject of appeal, and not of prohibition. But when a prohibition is granted after sentence, the want of jurisdiction must appear upon the face of the pro- ceedings of the spiritual court. In all cases where it appears on the face of the libel that the spiritual court, &c., has no jurisdiction, a prohibition may be awarded, and is grantable as well after as before sentence; for the crown courts have a superintendency over all inferior jurisdictions, and are to take care that they keep within their due bounds. But where the court has a natural jurisdiction of the thing, but is restrained by some statute, as by 23 Henry YIII. cap. 9, for not citing out of the diocese, there the party must come before sentence ; for after pleading and admitting the jurisdic- tion of the court below, it would be hard and inconvenient to grant a prohibition. — T. L, D. [See P. E, Z., pp. 1438-53; 13 Edw. I. stat. 4 ; 24 Edw. I. stat. 3, cap. 3 ; 9 Edw. II. stat. I, caps. 1-6; 50 Edw. III. cap. 4; i Will. lY. cap. 21 ] and 9 & 10 Yict. cap. 113.] Prohibition not Grantable in Cases merely Spiritual. "By the statute of Circumspecte Agatis, 13 Edward I. stat. 4: The king to his judges sendeth greeting : Use yourselves circumspectly in all matters concerning the Bishop of Norwich and his clergy, not punishing them if they hold plea in court Christian of such things as be mere spiritual, that is, to wit, of penance enjoined by prelates for deadly sin, as fornication, adultery, and suchlike, for the which sometimes cor- poral penance, and sometimes pecuniary, is enjoined, specially if a freeman be convicted of such things. Also if prelates do punish for leaving the churchyard unclosed, or for that the church is uncovered or not con- veniently decked ; in which cases none other penance can be enjoined but pecuniary. — Item : If a parson demand of his parishioners oblations or tithes due and accustomed ; or if any parson do sue against another parson for tithes greater or smaller, so that the fourth part of the value of the benefice be not demanded ; — Item : If a parson demand mortuaries, in places where a mortuary hath been used to be given ; — Item : If a prelate of a church, or a patron, demand of a parson a pension due to him, all such demands are to be made in a spiritual court. And for laying violent hands on a clerk, and in cause of defamation, it hath been granted already that it shall be tried in a spiritual court, when money is not demanded, but a thing done for punishment of sin ; and likewise for breaking an PROLOCUTOR— PROPERTY. 379 oath. In all cases aforerehearsed the spiritual judge shall have power to take knowledge, notwithstanding the king's prohibition." The Bishop of Norwich is here put but for example ; but it extendeth to all the bishops within this realm, the said act having been made on a petition of the Bishop of Norwich, as generally acts of parliament in ancient times were founded on antecedent petitions. — B. E. L. PROLOCUTOR OF THE CONVOCATION HOUSE. An officer chosen by ecclesiastical persons, publicly assembled in convocation by virtue of the king's writ at every parliament. There are two prolocutors, one of the Higher House of Convo- cation, the other of the Lower House ; the latter of whom is chosen by the Lower House and presented to the bishops of the Higher House as their prolocutor, that is, the person by whom the Lower House of Convocation intend to deliver their reso- lutions to the Upper House, and have their own house especially ordered and governed. His office is to cause the clerk to call the names of such as are of that house, when he sees cause, to read all things propounded, gather suffrages, &c. — T. L. D, [See P. E, L., p. 1943.] PROPER PSALMS. In the Prayer-Book of 1549, the only days for which proper psalms were assigned were Christmas- Day, Easter-Day, Ascension-Day, and Whitsunday, the morning psalms for the last of these festivals being then Ps. xlviii., Ixvii., and cxlv. The proper psalms for Ash- Wednesday and Good- Priday were added in 1661. The reading of proper psalms is of great antiquity. St. Augustine (a.d. 398) tells us that Ps. xxii. was always read upon Good-Priday in the African Church. — Evan Daniel, PROPERTY OF THE GOODS OF THE CHURCH, IN WHOM VESTED ? A person may give or dedicate goods to God's service in a church, and. deliver them into the custody of the churchwardens, but thereby the nature of the property is im- mediately changed. And if a man erect a pew in the church, or hang up a bell in the steeple, they thereby become church goods, though they are not expressly given to the church ; and he may not afterwards remove them ; if he does the churchwardens may sue him. The soil and freehold of the church and churchyard is in the parson, but the fee simple of the glebe is in abeyance. If the walls, windows, or doors of the church be broken by any person, or the trees in the churchyard be cut down, or grass there be eaten up by a stranger, the incumbent of the rectory or his tenant, if they be let, may have his action for the damages. But the goods of the church do not belong to the incumbent but to the parishioners ; and if they be taken away 38o PEOPEKTY, CHUKCH, ORIGINAL. or broken, tlie chiirchwardens shall have their action of trespass at the common law. But whereas it has been said that such suit shall not be proceeded with in the spiritual court, a later judgment says that though the churchwardens had an action at common law against those who had taken away the bells, yet the more proper remedy was in the spiritual court ; because at the common law only damages would be recovered, but the spiritual court would decree the restoring of the thing itself. By the civil law the goods belonging to a church are forbidden to be alienated or pawned, unless for the redemption of captives, for relief of the poor in time of great famine and want, or for paying the debts of the church, if a supply cannot be otherwise raised, or upon other cases of necessity or great advantage to the church. And in every alienation the cause must be first examined and the decree of the bishop intervene, with the consent of the whole clergy or chapter. But, by the laws of England, the goods belonging to a church may be alienated, yet the churchwardens alone cannot dispose of them without the consent of the parish ; and a gift of such goods by them without the consent of the sidesmen in vestry is void. — B. E. L, PROPERTY, CHURCH, ORIGINAL. By original Church property we mean that property which the Church of England has acquired and possessed from the earliest period of her his- tory, comprising her consecrated grounds, her sacred edifices, tithes, endowments, rent charges, &c. The origin of these reach back to such an early period in England's history, that a correct account of many of them cannot always be given. So much, however, is certain, that from the time in which the Church of Christ was constituted and organised in this kingdom as a spiritual body, comprehending within her communion the princes and people of this land, from that period, from the voluntary offeringjs of the faithful, she beoran to be enriched and endowed in one form or other. Cathedral and parish churches were built, ministers were appointed to serve them, divine service was conducted, liberal offerings were made for the maintenance as well as the erection of the sacred edifices, for the sustentation of the ministry, and for the carrying on of public worship. These offerings sometimes took the form of gifts of monies, lands, tithes, and charges on land, a great proportion of which, through- out all the eventful changes of England's history, have continued till this day, and may be designated by the words — original property of the Church. Such property was never given to her by kings or princes, or PROPERTY OF THE CHURCH. 381 others in their civil capacities, but in their relationship to her as members of her spiritual body. The idea that the State or l^arliament ever built the churches, or created the endowments of the Church of England, is altogether without foundation, and is unwarranted by any national record or statute of the realm. On the contrary, from the earliest period of England's history, the Church has been periodically robbed by the State by virtue of might prevailing against right ; and while century after century the Church has been enriched by private endowments, she has been impoverished by the successive kings of England, who have in turn emptied her coffers to fill their empty purses, and to supply funds to meet the expenses of their indiscretions and extravagances. The struggles between the Church and the kings of England prior to the granting of Magna Charta, the frequent violations of the Great Charter, by spoliation of Church property, and the successive subsidies exacted from the Church as the price of the peaceful possession of her spiritual and other rights and liberties, and, finally, the wholesale spoliation of Church property in the reign of Henry YIIL, will abundantly prove this. Those who wish further information on this subject may consult Hallam, in his " History of the Middle Ages," and his *' Constitutional History of England," as well as Green's " His- tory of the English People." [On the subject of property of the Church, our readers are referred to P. ^. Z., p. 1445, With reference to subsidies, see article on Subsidies ; relative to spoliation, see 27 Hen. YIIL cap. 28; 31 Hen. VIII. cap. 13; 32 Hen. YIIL cap. 20; and 34 & 35 Hen. YIIL caps. 19 & 21, sees. 2 & 3, &c.] PROPERTY OF THE CHURCH, UNIQUE CHARACTER OF. The property of the Church in tithes difi'ers from all other kinds of property in many important particulars. The title to this property is the most ancient and indefeasible of all titles to property in this kingdom. It is of a complex character. It rests on ancient deeds of gift, immemorial custom, common law, modern acts of parliament, not originating, but confirming the title, as well as endless decisions of law courts enforcing the payment of the proceeds of this property to its rightful possessors and proper legal recipients. It is impossible to point to the title to any property that is more unimpeachable in its nature than the title of the clergy of the Church of England to their property in parochial tithes, &c. Again, the property of the clergy in tithes difi'ers from private property in this, that it is not inherited by its holders for the time being, and it cannot by them be alienated 382 PEOPEETY OP THE CHUECH. from its proper object. And though it is the freehold of its possessor for the time being, it is not so in an abstract, absolute, and independent sense. It is his freehold only so long as he is the holder of his benefice, and even then subject to his due performance of the services and duties attached to his ofl&ce. Further, though it is property in the parish, and arising out of the parish, for the spiritual benefit of the parishioners and for the object of securing to them religious ministrations and ser- vices, it is not parish property except in the most qualified and restricted sense. For instance, the parishioners in vestry assem- bled can claim no pecuniary benefit in it ; they can only claim a spiritual benefit, viz., the benefit of provision of the means of grace through the ministrations of him who is entitled to, and receives, the pecuniary benefit. As to the property itself, the vestry cannot exercise any control over it, and cannot in any way legally deal with it by act or vote. Only in the event of the voidance of the benefice can the churchwardens of the parish, by virtue of a legal instrument under the hand of the proper ecclesiastical authority, take temporary charge of the income derivable from it in order that they may provide for the spiritual wants of the parish during the vacancy of the benefice, carefully husbanding any balance that may remain to be by them paid into the hands of the succeeding incumbent. Again, the property of the Church in tithes is not, as many people erroneously think and say, national property. It has not a single characteristic of national property about it. Take, for instance, the revenue of the country. It is national property, but in that case parliament by its vote and authority originates and settles the taxes, and collects them, which constitute such revenue, and, through the medium of the Government of the day, it applies them to such objects as it thinks proper. And further, all offices with incomes payable out of the revenue of the country are entirely at the disposal of the Government. The Government of the day appoints persons to such offices and removes them from them at its pleasure. In fact, it has abso- lute authority over them. But no such things can be said of the property of the Church in parochial tithes. Parliament does not assess them, collect them, or apply them to the purpose for which they were intended. The Government of the day as such does not, in a single case, appoint any person to an office to which the right to the property of parochial tithes is allotted. Nor can the Government of the day remove any person from any such office. Tithes are not therefore national property. PROPERTY OF CHURCH OF ENGLAND. 383 PROPERTY OP CHURCH OF ENGLAND ACQUIRED, and icork done since 1800. 1. Church Building: — Up to 1872 the total number of churches built in the century was 3204 ; of churches entirely rebuilt, 925 ; making 4129 in all. Restorations and enlargements were still more numerous, so that over 9000 churches have been built, rebuilt, or restored during the present century. The total cost of these can hardly be estimated, but from the return presented to the House of Lords, on the motion of Lord Hampton in 1875, it is computed that not less than ;^34,ooo,ooo was expended on church building and church restoration between the years 1840 and 1874, an amount which has since been increased to ;^4o,ooo,ooo at the least, or more than 1,000,000 a year. All this was accomplished by voluntary contributions, with the exception of the parliamentary grant of one million and a half in the outset. 2. Subdivision of Parishes : — In 1831 the Parliamentary In- quiry Commission returned the number of benefices at 10,000. Now there are as nearly as possible 13,300. And not only did the formation of each new parish involve a large voluntary out- lay for church schools, and parsonage, and other numberless details of parochial expenditure ; but the new parishes had to be endowed, and the Ecclesiastical Commissioners acknowledge the receipt of no less than ;^2,36i,i22 from private benefac- tions for such endowment up to October 31, 1878 ; and it is a remarkable fact that in this one form alone churchmen have given for endowment at the rate of 141,000 a year for the last five years. 3. Parsonage Houses : — Forty years ago these numbered 5900, now they are over 11,000; so that, to say nothing of rebuilt parsonages, we have a clear gain of 5100 resident clergy. 4. Clergy : — In 1 801 the number given is 10,307 In 1841 there were . . . 14,613 In 1878 there were over , 23,000 An increase of over 8000 in thirty-seven years. Of these, 19,000 are engaged in parochial work : in round numbers, 13,000 are incumbents and 6000 curates, and 1600 clergy employed in school and college work. In 1841 the number of incumbents was 5776, in 1878 no less than 13,300. 5. Education : — The following figures, taken from the Educa- tion Eeport for 1877, show how far the country is indebted 384 PEOPEETY OF THE CHUECH. to the Church in the matter of elementary education, from 1839 to August 31, 1877 : — England and "Wales. Subscribed. Par. Grant. For building Church schools, . . ^^4,263, 198 ;^i>509,594 „ British and Foreign and Wesleyan schools, .... 423,142 200,399 „ Roman Catholic schools, . . 122,478 47>§52 Here we have four-and-a-quarter millions of voluntary subscrip- tions sunk in school building alone; whilst from the same report we learn that the subscriptions of churchmen for 1877 reach the amount of ;^62o,034 against 104,930 subscribed by dis- senters. Add to this, that during the last sixty years the National Society alone has dispensed 1,000, 000 for educa- tional purposes, involving at least an outlay of 12,000,000 in actual capital from other sources, and we have some idea what the Church has been doing during the century for the religious education of the people of England. 6. Curates : — The number of curates at present is over 5800. The average stipend of a curate in 1843 was ^^82 2 10 » „ 1853 79 o o „ „ „ 1063 „ 97 10 o » iy M 1873 » 129 5 8 Taking ;£i2^ for the average income at present, this gives ;^7 25,000 on the gross curate income. Of this about ;2^4oo,ooo is paid by incumbents, and the rest, ;^S32,ooo, comes from lay sources. [The above statistics are published by the Church Defence Institution.] PEOPERTY OF THE CHURCH, PEOPLE'S VESTED INTE- REST IN. Those who advocate the disendowment of the English Church profess that it is a part of their plan sacredly to regard the life interests of those who would be affected by such a measure. But they do not recognise any vested interest which is not of a direct pecuniary character. In fact, in speculating on the possibility of the disendowment of the Church, they regard vested interests in Church property as limited only to the clergy and others who derive incomes from it, and therefore to such only, in the event of disendowment, would they give compensation. But in reckoning thus they leave a very real and very important kind of vested interest out of the question, which they propose to take away without any compensation whatever to the proprietors of such interests. In truth, the PEOPEIETAEY CHAPELS— PEOTESTATIOK 385 popular error committed in conversation, on the platform and in the press largely prevails, that the property of the Church exists only for the clergy, and that, in the event of alienating it from its present purpose, no great injustice would be done if only the pecuniary life interests of the clergy were respected ; whereas the fact is that the property of the Church exists primarily for the people, but for the people only with respect to a given object. The primary object of Church property was not to create monetary vested interests for the clergy, but to create great moral and religious vested interests for the people. At the foundation of all religious endowments this is the primary idea — a benefit, a good, a privilege, a right to be secured for cer- tain persons, and the creation of a machinery and agency for securing it. The property of the Church primarily exists for the purpose of securing to the people of every parish in the kingdom the benefit, privilege, and right of certain religious ministrations, means of grace, and opportunities of attending the public worship of God. The property of the Church secondarily exists for the purpose of maintaining a body of men sacredly set apart to render such services to the people in the different parishes of which they are incumbents as will secure to them the primary objects contemplated in and by the creation of such property. The people of every parish, therefore, have very real and very important vested interests in Church property ; and in the event of disendowment, to compensate the clergy only for their monetary vested interests, and not to compensate the parishioners for their far higher and more important vested interests, would be as if, in taking away from a parish important endowments left for the secular and religious instruction of the parishioners, it was proposed to compensate the paid teachers only, and give no compensation whatsoever to the parishioners, /for whose benefit the endowments were originally and primarily given, and who had a right to the services of such teachers. PROPRIETAEY CHAPELS. Unconsecrated chapels belong- ing to private persons, who have purchased or built them with a view to profit, use, or otherwise. [See P. E. Z., p. 1183.] PROTESTANTISM. A name which originated at the second Diet of Spires, a.d. 1529, as a designation of those who pro- tested against the revocation of a resolution of the first Diet. Historically, it is used as a name for all who renounce Papal supremacy, &c. [See B, D, D. H. T.^ PROTESTATION. A protestation drawn up by the Com- mons in the reign of Charles I., under oath to defend the 2 B 3S6 PEOVIKCE— PUBLICATION. Protestant Church, the privileges of parliament, &c. [See Lupton's English History, p. 234.] PROVINCE, PROVINCIA, among the Eomans, was a country conquered by them, outside the bounds of Italy, governed by a deputy or lieutenant, and having peculiar laws and privileges. ISTicod derives the word a procul vivendo, " living afar off; " but it is better deduced from pro and vinco, " I overcome." Of these countries that part of France next the Alps was one, and still retains the name Provence. Province is now chiefly used for a canton or division of a kingdom or commonwealth, comprehending several cities, towns, &c., all under the same government, and usually distinguished by the extent either of the civil or ecclesiastical jurisdiction. The provinces were anciently duchies, counties, &c., which have been since all re-united ander the same chief. The Church distinguishes its provinces by archbishoprics, each containing a certain number of bishoprics. In this sense England is divided into two provinces, Canterbury and York. The monks make particular divisions of provinces, according to the antiquity and number of convents in each. PROVINCIAL CONSTITUTIONS, in this kingdom, were decrees made in the provincial synods, held under divers arch- bishops of Canterbury, from Stephen Langton in the reign of Henry III., to Henry Chicheley in the reign of Henry V. — B. L, D, PROVISION (provisw) was used for the providing a bishop or any other person an ecclesiastical living by the Pope before the incumbent was dead, the great abuse whereof produced the statutes of pro visors and praemunire. — T. L. D, [See also B, D. D. H. T.; and 25 Edw. III. stat. 6.] PROVISOR. One who sued to the Court of Rome for a pro- vision. It is sometimes also taken for him who has the care of providing things necessary ; a purveyor. [See 27 Edw. III. stat. I. cap. I ; 13 Rich. II. stat. 2, cap. 3 ; 2 Hen. lY. cap. 3 ; 7 Hen. lY. 'cap. 8, &c.] PRO VISORS, STATUTE OF. A statute of Edward III., which gave the king power to appoint archbishops, bishops, &c., and rendered it penal to procure presentation to benefices from Rome, &c. [See 25 Edw. III. stat. 6.] PSALTER. The book wherein the Psalms are contained. PUBLICATION {puhUcatio). The act of promulgating or making a thing known to the world. By the canons, publica- tion is to be made of the banns of marriage three times ere the PUBLIC WOESHIP— PUEGATIOIS^ 387 Ceremony can be solemnised, without licence or especial licence to the contrary. — E. C. G. PUBLIC WORSHIP. By statutes of Elizabeth it was en- acted that every person above the age of sixteen years, having no lawful or reasonable excuse, who absented himself from church, chapel, or place of public worship on Sundays, should forfeit 1 2d. for every offence, and also £20 a month. By the provisions of a statute of Queen Mary if any person disturbed a preacher in his sermon, by word or deed, he was to be com- mitted to gaol by two justices of the peace for three months, and further to the next sessions. A statute of i William and Mary enacted that if any person willingly, and of purpose, came into any church, chapel, or other congregation permitted by law, and disturbed the same, or misused any preacher or teacher, he should, on conviction at the sessions, forfeit ;£2o. — B. L, D, [See P. E, L., p. 934; C, L. C. C, p. 622; i Eliz. cap. 2 ; 23 Eliz. cap. I ; 29 Eliz. cap. 6 ; i Mary, sess. 2, cap. 3 ; and 1 Will, and Mary, sess. i, cap. 18, sec. 18.] PUBLIC WORSHIP REGULATION ACT. 37 & 38 Vic- toria, cap. 85, provides that a representation may be made to any archbishop or bishop, by the archdeacon, churchwarden, three parishioners or three inhabitants, being declared members of the Church of England as by law established, of the archdiocese or diocese, as the case may be, complaining of the use of illegal rites and ceremonies, or the violation of any of the rubrics of the Book of Common Prayer. But legal proceedings cannot be taken against any clergyman so complained of, except by the consent of his bishop or archbishop. [See case of Julius t\ Bishop of Oxford.] PULPIT. A raised or enclosed desk in a church or chapel from which the sermon is delivered. PURGATION. The purging or clearing a man's self of a crime of which he was publicly suspected or accused. Anciently this ordeal w^as much in use in this kingdom both with respect to civil and ecclesiastical offences. With respect to civil offences it was of two sorts, either fire ordeal or water ordeal ; the former being confined to persons of higher rank, the latter to the com- mon people. Eire ordeal was performed either by taking up in the hand a piece of red-hot iron, of one, two, or three pounds' weight, or else by walking barefoot and blindfold over nine red-hot ploughshares, laid lengthwise at unequal distances ; and if the party escaped being hurt he was adjudged innocent, but if it happened otherwise he was condemned as guilty. Water ordeal was performed either by plunging the bare arm 388 PUEITAXS-QUAKEES. up to tlie elbow in boiling water and escaping unhurt thereby, or by casting the person suspected into a river or pond of cold water, and if he floated therein without any action of swimming it was deemed an evidence of his guilt, but if he sunk he was acquitted. The ecclesiastical purgation was when a man or woman lay under a common suspicion, or public fame of incontinence or other vice. If the man denied that he was guilty he had a purgation appointed, which was that he himself should swear that he was innocent, and should bring a certain number of compurgators who should swear that they believed what he swore was true. But this was abolished by a statute of Charles II., which enacts that no person shall be compelled to confess, or accuse, or purge himself of any criminal matter whereby he may be liable to cen- sure or punishment. — B. L, D, [See 4 Hen. lY. cap. 3 ; 3 Edw. 1. cap. 2 ; and 13 Chas. II. stat. j, cap. 12, sec. 4.] PURITANS. A name assumed by the ultra-Protestants in the reigns of Elizabeth, James I., and Charles I., w^ho affected rigid purity in religious matters. [See B. D, D. H. PYX. In the Romish Church the name given to the case or box in which the consecrated bread of the Eucharist is kept. — S. E. D. [See L, J. D.] Q QUADRAGESIMA. The fortieth part; also the time of Lent, from our Saviour's forty days' fast. Quadragesima Sun- day is the first Sunday in Lent, so called because about the fortieth day before Easter. — T. L. D. QUADRAGESIMALIA. In former days it was the custom for people to visit their mother church on Midlent Sunday, and to make their offerings at the high altar. The like devotion was again observed in Whitsun-Week. But as the procession and oblations at Whitsuntide were sometimes commuted into a rated payment of pentecostals, so the Lent or Easter offerings wxre changed into a customary rate called quadragesimalia. — T, L. B. QUAKERS (tremuli)^ from their pretending to tremble or quake in the exercise of their religion. In consequence of the claim advanced by Mr. Pease, who had been returned one of the members for the southern division of the county of Durham, to take his seat upon making his solemn affirmation and declaration instead of taking the usual oaths, the House of Commons, on the 8th of February 1833, appointed a select committee to report such precedents as they could dis- QUAKEES 389 cover bearing upon the subject. Their report, which was brought up on the nth, presents a full detail of the various enactments which the statute books contained in reference to the Quakers since they originally attracted the notice of the legislature. The first which they quoted was an act passed in 1674, by which it was declared that any person refusing to take an oath when lawfully tendered, should for the first offence be fined ^2^5, and if three times convicted should suffer the penalty of banishment. By a subsequent act the further penalty of transportation was affixed to the offence. It was not till the year 1689, that by a statute of William and Mary (commonly called the Toleration Act), the affirmation of dissenters from the Church of England, who scrupled to take an oath, was legally recognised. This act, however, only exempted such persons from the pains and penalties of the statutes against Papists and Nonconformists, and that only on their subscribing a certain declaration of alle- giance, and a profession of their faith in the Trinity. It was by an act of William III. cap. 34, passed in 1697, that Quakers were first permitted to substitute their solemn affirmation instead of the usual oath, in civil causes, in the courts of justice. The act, which was to be in force only for seven years, was by a subsequent enactment, passed in 1702, continued for the further period of eleven years; and in 17 14, by a statute of George I., it was made perpetual. The next statute in order was 8 George I. cap. 6, passed in 1722, by which the forms of the declaration of allegiance and of the solemn affirmation were altered. But the most decisive enactment bearing upon the subject before the committee was 22 George II. cap. 46, passed in 1749, by which it was declared, " That in cases wherein by any act or acts of parliament now in force, or hereafter to be made, an oath is or shall be allowed, authorised, directed, or required, the solemn affirmation or declaration of any of the people called Quakers, in the form prescribed, &c., shall be allowed and taken instead of such oath, although no particular or express provision be made for that purpose in such act or acts." It was, however, at the same time provided that no Quaker should by virtue of this act be qualified or permitted to give evidence in any criminal cases, or to serve on juries, or to bear any office or place of profit in the government. It was not until 1829 that Quakers and Mora- vians were for the first time allowed to make their solemn affir- mation instead of the usual oath in giving evidence, in any case whatsoever, criminal or civil." — T, L. D, B, D. D, IL T. ; 13 & 14 Chas. II. cap. i ; 15 Chas. II. cap. 4, See also 390 QUAEE IMPEDIT— EAGMAN'S EOLL sec. i6; i Will, and Mary, cap. i8; 7 & 8 Will. III. cap. 34; 13 Will. III. cap. 4 ; I Geo. I. cap. 6, sec. i ; 22 Geo. II. cap. 46 ; 9 Geo. IV. cap. 32 ; i Yict. cap. 5 ; and i Yict. cap. 15.] QUARE IMPEDIT is a writ which lies where one has an advowson, and the parson dies and another presents a clerk or disturbs the rightful patron to present, in which case the writ commands the disturber to permit the plaintiff to present a proper clerk, or otherwise to appear in court and show cause (quare impedit) why he hinders him. — B, L. D, [See P. E. L., p. 451 ; 13 Edw. I. stat. i, cap. 5; 7 Anne, cap. 18; 3 & 4 Will. lY. cap. 27, sees. 30-34; and 6 & 7 Yict. cap. 54.] QUARE INCUMBRAVIT is a writ that lies where two patrons are in plea for the advowson of a church, and the bishop admits the clerk of one of them wdthin the six months ; then the other shall have this writ against the bishop, that he appear and show cause why he hath encumbered the church. And if it be found by verdict that the bishop hath encumbered the church, after a ne admittas delivered to him, and within six months after the avoidance, damages are to be awarded to the plaintiff, and the bishop directed to disencumber the church. — L. D, [See P. E. E, p. 452.] QUARE NON ADMISIT is a writ which lies where a patron has recovered an advowson, and sends his clerk to the bishop to be admitted, and the bishop will not receive him. — H. C. D, [See P. E. L., p. 466.] QUESTMEN. Persons appointed to assist the churchwardens. By Canons 85, 89, and 90, it would seem that at one time the offices of churchwarden and questman were one and the same ; sidesmen or assistants. QUESTOR OF ALMS. A name given in the canons and decrees of the Council of Trent to those clergy who, without proper authority, went about preaching and collecting alms. — E, D, QUOD PERMITTAT is a writ granted to the successor of a parson for the recovery of pasture, by stat. 13 Edward 1. cap. 24. — T, L, D, R RAGMAN'S ROLL or RAGIMUND'S ROLL. So called from one Eagimund, a legate in Scotland, who, calling before him all the beneficed clergymen in that kingdom, caused them on oath to give in the true value of their benefices, according to EAILS OF THE CHANCEL— EE ADEE. 391 which they were afterwards taxed by the Court of Eome ; and this roll, among otlier records, being taken from the Scots by Edward I., was redelivered to them in the beginning of the reign of Edward III. Sir Eichard Baker says that Edward III. surrendered by charter all his right of sovereignty to the kingdom of Scotland, and restored divers instruments of their former homages and fealties, with the famous evidence called Eagman's Eoll. — T, L. D. [See Eigmarole, L. J. D.] RAILS OF THE CHANCEL. Anciently these were rails of wood curiously wrought in the form of network, separating the altar part or chancel from the rest of the church. [See Bingham's Antiq., vol. ii. p. 424.] RATE, CHURCH; Compulsory Aholition Ad, 1868. This act provides that On and after the passing of this act no suits shall be instituted or proceedings taken in any ecclesiastical or other court, or before any justice or magistrate, to enforce or compel the payment of any church-rate made in any parish in England and Wales." But the right was reserved to levy by com- pulsory rates for money due under the provisions of any statute on the security of church-rates, or rates of the nature of church- rates, or ordered to be raised in the name of church-rates, under any such provisions at the time of the passing of this act. But nothing in the act altered the rights of vestries, and of the right of making, assessing, and receiving, and otherwise dealing with church-rates, except so far as relates to the compulsory recovery of them. The act also provides for the institution of a body corporate, of church trustees, who may be appointed in any parish for the purpose of accepting by bequest, donation, con- tract, or otherwise, and holding any contribution which may be given them for ecclesiastical purposes in the parish. The trus- tees are to be the incumbent and two householders or owners of land in the parish, to be chosen, one by the patron of the bene- fice, and the other by the bishop of the diocese in which the parish is situated. [For further particulars see the act, 3 1 & 3 2 Vict. cap. 109.] READER. The office of reader is one of the five inferior orders in the Eomish Church. And in the Church of England, in churches or chapels where there is only a very small endow- ment, and no clergyman will take upon him the charge or cure thereof, it has been usual to admit readers, to the end that divine service in such places might not altogether be neglected. Upon the Eeformation, readers were required to subscribe to the following injunctions : — " Imprimis: I shall not preach or 392 EEADIXG IN, CERTIFICATE OF. interpret, but only read that which is appointed by public authority. I shall not minister the sacraments or other public rites of the Church, but bury the dead, and purify women after their childbirth. I shall keep the register book according to the injunctions. I shall use sobriety in apparel, and especially in the church at common prayer. I shall move men to quiet and concord, and not give them cause of offence. I shall bring in to my ordinary testimony of my behaviour, from the honest of the parish where I dwell, within one half year next following. I shall give place upon convenient warning so thought by the ordinary, if any learned minister shall be placed there at the suit of the patron of the parish. I shall claim no more of the fruits seques- tered of such cure where I shall serve, but as it shall be thought meet to the wisdom of the ordinary. I shall daily, at the least, read one chapter of the Old Testament and one other of the ]N^ew, with good advisement, to the increase of my knowledge. I shall not appoint in my room, by reason of my absence or sickness, any other man, but shall leave it to the suit of the parish to the ordinary for assigning some other able man. I shall not read but in poorer parishes destitute of incumbents, except in the time of sickness, or for other good considerations to be allowed by the ordinary. I shall not openly intermeddle with any arti- ficer's occupations as covetously to seek a gain thereby, having in ecclesiastical living the sum of twenty nobles or above by the year.'' This was resolved to be put to all readers and deacons by the respective bishops, and is signed by both the archbishops, together with the bishops of London, Winchester, Ely, Sarum, Carlisle, Chester, Exeter, Bath and Wells, and Gloucester. — B, L, D. Lay readers are now appointed under licence from the bishop on the nomination of the incumbent of the parish in most dioceses. Their duties generally are to read the lessons in church, visit the sick, conduct mission services, and generally to help the incumbent in church and parish work. [See P. E. L., PP- 590-593-] READING IN, CERTIFICATE OF. *'We, whose names are under written, do hereby certify and declare that A. B., rector of C, within the diocese of D., in the county of E., was in the presence of Us inducted into his church of C. aforesaid by F. G., rector of H., on the day of , in the present year, by virtue of certain letters of induction made under the hand and seal of I. K., arch- deacon of L., within the diocese aforesaid for that purpose directed, * To all and every,' &;c. And also that the aforesaid A. B., on the day of , in the year aforesaid, being the first Lord's Day on which he offi- ciated in his church aforesaid [or being a Lord's Day appointed and EEADIXG PEW— KECOEDS, PAEISll. 393 allowed by the ordinary for that purpose], did, in his church aforesaid, publicly and openly, in the presence of the congregation there assembled, read the Thirty-Nine Articles of religion, and immediately after reading the same make the declaration following:—'!, A. B., do solemnly make the following declaration : I assent to the Thirty -Nine Articles of religion and the Book of Common Prayer, and of the ordering of bishops, priests, and deacons. I believe the doctrine of the Church of England, as therein set forth, to be agreeable to the Word of God ; and in public prayer and administration of the sacraments I will use the form prescribed and none other, except so far as shall be ordered by lawful authority.' And these things we promise to testify upon our oaths, if at any time we shall be lawfully thereunto required. In witness whereof we have hereunto set our hands, this day of , in the year of our Lord ." READING IN, MEMORANDUM OF. " Memorandum : That on Sunday the day of , in the year of our Lord , the Rev. , in the county of and diocese of , in his church of , publicly and openly, in the presence of the congre- gation there assembled, read the articles of religion commonly called the Thirty-Nine Articles agreed upon in convocation in the year of our Lord 1562, and after reading the same did make the declaration of assent as follows : — ' I, , do solemnly make the following declaration : I assent to the Thirty-Nine Articles of religion, which I have now read before you, and to the Book of Common Prayer, and of the ordination of bishops, priests, and deacons ; and I believe the doctrine of the Church of England as therein set forth to be agreeable to the Word of God ; and in public prayer and administration of the sacraments I will use the form in the said book prescribed, land none other, except so far as shall be ordered by lawful authority.' " Declaration of Churchwardens and two Parishioners of the truth of the above. " We hereby certify that the said Kev. did, on this day of , being the first Lord's Day of his officiating in the church, publicly and openly, in the presence of the congregation, read the articles and make the declaration within aforesaid." Here follows signatures. READING PEW. Eormerly the chancel stall occupied by the officiant at matins and evensong. [See B. A. B, C, P.] RE-ELECTION OF CHURCHWARDENS. In some parishes it is the practice for churchwardens to continue in office by tacit consent if not annually re-elected, until they choose to retire or are dismissed from the office. But this is undoubtedly a practice, in ordinary cases, " more honoured in the breach than in the observance." In a case brought before Baron Aldersen, he stated that the custom of having men to serve the office for two years was beneficial, as it secured the services of a man who knew his duty, but that to elect him in perpetuity would be very pernicious. — F. C. G., p. 46. RECORDS, PARISH. The books and papers of a church, 394 EECTO— EEFECTOEY. which contain a record or account of the history and temporal business of the parish. In these books are written, from time to time, all such transactions as relate to the election of officers, the purchase or sale of Church property, the erection of build- ings, the engaging of ministers, the support of public worship, and other matters connected with the temporal affairs of the Church. Under the name of " parish records " may also be included the register, containing the minister's account of baptisms, marriages, &c. — E. D. RECTO DE ADVOCATIONE ECCLESIiE. A writ which lay at common law, where a man had right of advowson of a church, and the parson of the church dying, a stranger presented his clerk to the church ; the party who had the right not having brought his action of quare impedit nor darrein presentment, but having suffered the stranger to usurp on him ; and it lay only where an advowson was claimed in fee to him and his heirs. —T. L. D. RECTOR (governor) is he that hath that part of the revenues of a church, which heretofore was appropriated to some of the monasteries ; as a vicar hath the other part, which was set out for the maintenance of him that was to supply the cure ; or if the church was never appropriate, nor had any vicar, then the rector, as sole incumbent, hath the whole revenues. — B. L. D. [See P, C. G., p. 329 ; i Geo. I. stat. 2, cap. 10, sees. 4 & 5 ; and 10 Anne, cap. 11, sec. 10.] RECTORS, LAY. A name given to laymen taking the great tithes of a parish. RECUSANT was one who refused to go to church and worship God after the manner of the Church of England. A Popish recusant was a papist who so refused, and a Popish recusant convict was a papist legally convicted thereof. — B. L, D. RED-LETTER DAYS. A title of the greater feasts of the Church, at one time marked in the calendar with red letters. REFECTIONARIUS. An officer in a monastery who looked after the hall, provided tablecloths, napkins, towels, dishes, plates, spoons, and other necessaries ; and servants also to wait and tend there. He had likewise the keeping of the cups, salts, ewers, and all the silver utensils whatsoever, belonging to the house, except the church plate. — B. E. L. REFECTORY, REFECTUARY, or REFECTORIUM. A spa- cious hall in convents and other communities where the monks, nrns, &c., take their refections or meals in common. The EEFOEMATIO— EEGISTRATIOX 395 refectory of the Benedictines of St. George at Yenice, designed by Palladio, is one of the finest in the world. — E. C. C, REFORMATIO LEGUM ECCLESIASTICARUM. A revi- sion of the ecclesiastical law of the English Church, drawn np by a commission of thirty-two persons, originated by convocation and nominated in conformity with 25 Henry YIII. cap. 19. The code has never received the royal assent. It consists of fifty-one chapters, with an appendix. — S. E. D. REGALIA OF THE CHURCH are those rights and privi- leges which cathedrals, &c., enjoy by grants and other concessions of kings. These, whilst in the possession of the Church, were subject to the same services as all other temporal inheritances ; and after the death of the bishop they of right returned to the king, until he invested another with them, which, in the reign of William the Conqueror and some of his immediate successors, was often neglected or delayed, and as often the bishops complained thereof. — T. L. D, and E. G. G. [See also B. n. D. H. T,] REGISTRY (registrum, from the old Er. gister, i.e., in ledo reponere). Properly the same with repository. The office books and rolls wherein the proceedings of the chancery or any spiritual court are recorded, &c., are called by this name. Eegistry or Eegister of the Parish Church {registrum ecclesice parochialis). That wherein baptisms, marriages, and burials are registered in each parish every year, w^hich was instituted by Lord Thomas Cromwell, in the 13th year of the reign of Henry VIII., while he was vicar-general to that king. Copies of these parish registers are to be subscribed by the minister and churchwardens, and transmitted yearly to the regis- trar of every diocese. [See 6 & 7 Will. III. cap. 6; 9 & 10 Will. III. cap. 35, sec. 4; and 52 Geo. III. cap. 146.] REGISTRATION OF BIRTHS, DEATHS, AND MAR- RIAGES. By virtue of the provisions of 52 George III. cap. 146, all parishes are required to provide suitable register books for this purpose. The registrar-general, or the printer to the crown, is to transmit to each parish a printed copy of the act and register books adapted to prescribed forms. A cer- tificate of baptism or burial, when performed in other place than the church of the parish to which the baptized person belongs, or of which the deceased person was a parishioner, should be forwarded to the incumbent of such parish, who on receipt thereof should make entry of the same in words provided by the statute. The register books are required to be kept in 396 EEGISTRATION OF BIRTHS, &a the custody of the officiating minister, in an iron chest provided at the expense of the parish. Annual copies of register books are to be made and transmitted to the registrar of the diocese. The registrars of dioceses are to make reports to bishops whether copies have been sent in. Churchwardens are to certify whether the officiating minister has or has not neglected to certify and sign such copies of the register books. Letters, &c., containing annual copies of register books forwarded to the diocesan regis- trar office may be sent free of postage. Annual copies of register books, when transmitted to registrars, are to be safely and securely deposited, kept, and preserved from damage or destruc- tion, and to be carefully arranged in alphabetical order for the purpose of reference. False entries, or false copies of entries, or altering entries for the purpose of defrauding, to be deemed a felony ; but persons committing accidental errors, if duly cor- rect according to the truth of the case, are not liable to penalty. Copies of register books are not subject to stamp duty. Under the requirements of 6 & 7 William lY. cap. 86, a general registry office for keeping the registers of all births, deaths, and marriages was to be provided in London or West- minster. Officers were to be appointed to conduct the business of such office, and their salaries were to be paid out of the Con- solidated Funds. An annual abstract of such registers is to be annually laid before parliament, and the country was to be divided into districts, to which registrars and superintendent registrars were to be appointed. Registry books, and strong iron boxes to hold the same, were to be provided for the purposes of the act. Registrars and deputy-registrars are required to dwell within their district, and their names and descriptions are to be put on their dwelling-houses. The registrars are required to register births and deaths. Parents, or occupiers of houses in which births or deaths occur, and overseers and coroners in the case of foundlings, or exposed dead bodies, must give notice to the registrar ; and parents or occupiers of houses are to give particulars of births as far as is within their knowledge. Captains or commanding officers of vessels on which children are born at sea are required forthwith to make entry relative to the same, as far as their knowledge extends, and on the arrival of such vessel at any port in the United Kingdom, or by any other sooner opportunity, they must send a certificate of the said birth through the post-office to the registrar-general. The registry of every birth, except at sea, must be made within the period of forty-two days. No registration of birth can be made EEGNUM ECCLESIASTICUM-EEGULAR. 397 after a period of six months from the date thereof, under a penalty of a sum not exceeding 50. At the registration of a birth, if the child should not then have been baptized, it is not required that any Christian name should be given to or regis- tered against it. But if the child should be subsequently bap- tized within six months after the registration of birth, then such Christian name may be entered as a part of the aforesaid regis- tration of birth on the payment of a fee of one shilling. All marriage registers are to be kept in duplicate marriage registry books. Certified copies of all registers of births and deaths are to be sent quarterly to the registrar-general, and the register books when filled in, in any case, are to be sent to the superintendent registrar of the district, which are to be countersigned by him and forwarded to the registrar-general. Incumbents and officiating ministers are required to send cer- tified copies of registers of marriages quarterly to superintendent registers of districts, who are to forward them to the registrar- general's office, the payment for which is 6d. per entry. [See F. E. L.^ p. 649, &c. ; and G, L. C. C, p. 664.] REGNUM ECCLESIASTICUM. In some countries, for- merly, it was held that there was a double supreme power, or two kingdoms in every kingdom — the one a regnimi ecclesi- asticum^ absolute and independent of any but the Pope over ecclesiastical men and causes, exempt from the secular magis- trate ; the other a regnum secular e of the king or civil magis- trate, which had subordination and subjection to the ecclesias- tical kingdom. King Edward 1. presented his clerk to a benefice in York- shire, and the archbishop of that province refused to admit him ; on which the king brought a quare non admisit^ and the arch- bishop pleaded that the Pope had a long time before provided for that church, as one having supreme authority ; in that case, therefore, he could not admit the king's clerk. It was adjudged that for his contempt to execute the king's writ the arch- bishopric should be seized, &c. — T. L. D, REGULAR, in the monastic sense, denoted a person who had made the vows in some religious house. Under regulars were comprehended the whole body of monks, friars, and mendicants, &c. The denomination of regulars in this case arose hence, that they were bound to observe the rule of the order they had entered into. Regular Priest was used for a priest who was in some religious order, in opposition to a secular priest, who lived in the 398 RELIGIOUS— EELIGIOUS HOUSES. world or at large. A cardinal was reputed hoth regular and secular, and was entitled to the privileges of both states. Regu- lars might be promoted to bishoprics and archbishoprics as well as seculars ; but their promotion secularised them, the episcopal dignity dispensing them from the observation of the rule whereof they had made profession. Regular Benefices were such as could only be held by monks or religious, or, at least, pei^ cupie.ntem profiteri^ by a person who desired to embrace the monastic life. Regular benefices were to be conferred on regular priests. The abbeys that were chiefs of their respective orders were all regular, and could only be served by monks and cardinals. All bene- fices were presumed to be secular unless they were proved regular. Anciently the regular benefices were almost all conferred by way of administration or curacy, the religious incumbents being always ad maiium of their superiors, who displaced them at pleasure. Hence the common maxim among the canonists, omne heneficium regulare manuale. The benefices appropriated to regulars were abbeys, conventual priories, simple priories, and claustral offices. They might be conferred on seculars in commendam. Regular Places were those within the boundary or in closure of the convent, as the cloister, dormitory, chapter, and refec- torv.— ^. G. C. RELIGrlOUS. In a general sense, something that relates to religion. We say a religious life, religious society, &c. Churches and churchyards are religious places. A religious war is also called a croisade. Religious is more particularly used for a person engaged by solemn vows to the monastic life, or a person shut up in a monastery to lead a life of devotion and austerity under some rule or institution. The male religious we popularly call monks and friars ; the females, nuns and canonesses. — E. C. C. RELIGIOUS HOUSES {religiosce domus). Houses set apart for pious uses, such as monasteries, churches, hospitals, and all other places where charity was extended to the relief of the poor and orphans, or for the use or exercise of religion. [See Monasteries.] In the Noiitia Monastica^ or a short " History of the Reli- gious Houses in England and Wales," by Tanner, in alphabetical order of counties, is accurately given a full account of the founders, the time of foundation, titular saints, the order, the Value, and the dissolution under Henry VIII., with reference EELIQUES— EEQUIEM. 399 to printed authorities and manuscripts which preserve any memoirs relating to each house, with a preface of the institu- tion of religious orders, &c. — T. L. D, RELIQUES or RELICS. In the Romish Church, fragments or remains of the bodies, garments, property or instruments of death of martyrs and saints, preserved in altars and sacred places, and devoutly reverenced as invested with peculiar sanc- tity. They were forbidden to be used or brought into England by several statutes ; and justices of peace were, by 3 James 1. cap. 26, empowered to search houses for Popish books and re- liques, which, when found, were to be defaced and burnt, &c. REPAIRS OF CHURCHES. Anciently the bishops had the whole tithes of the diocese, a fourth part of which, in every parish, was to be applied to the repairs of the church ; but upon a release of this interest to the rectors, they were consequently acquitted of the repairs of the churches. By the canon law the repair of the church belongs to him who receives this fourth part ; that is, to the rector. But custom (that is, the common law) transfers the burden of reparation, at least of the nave of the church, upon the parishioners ; and sometimes of the chancel, as particularly in the city of London in many churches. But, generally, the parson is bound to repair the chancel by the custom of England, which has allotted the repairs of the chancel to the parson, and the repairs of the church to the parishioners ; yet so that if the custom, has been for the parish or the estate of a particular person to repair the chancel, that custom shall be good. As to the vicars, it is ordained by a constitution of Arch- bishop Winchelsea that the chancel shall be repaired by the rectors and vicars, or others to whom such repair belongs. Whereupon Lyndwood observes that where there is both rector and vicar in the same church, they shall contribute in propor- tion to their benefice ; which is to be understood where there is not a certain direction, order, or custom, unto which of them such reparation shall appertain. And as rectors or spiritual per- sons, so also impropriators are bound of common right to repair the chancels. — B. E. L. [See 59 Geo. III. cap. 134, sec. 14; 3 Geo. ly. cap. 72, sees. 20 & 21 ; 5 Geo. lY. cap. 36, sec. i ; and 3 & 4 Vict. cap. 60, sec. 15. REPLETION. In the canon benefice or benefices is sufficient to fill or occupy the whole right or title of the graduate who holds them. — E, G. (7. REQUIEM. In the Eoman Church, a solemn mass performed aw, is where the revenue of a 400 REEEDOS— EESIDENCE. ^ for the repose of the souls of deceased persons. It takes its appellation from the first word of the Introit : Requiem ceternam dona m, Domine. The term requiem is also frequently applied to musical compositions performed on solemn occasions in honour of deceased civil or ecclesiastical dignitaries. The requiems composed by Mozart, Jomelli, Cherubini, and other masters are well known from their frequent performance, not only at funeral solemnities, but on other less religious occasions. — S. E. D. EEE/EDOS (Fr., arrieredos). A screen or division wall placed behind an altar, rood-loft, &c., in old churches. In large conventual churches, where there is a space behind the high altar, this was the usual termination of the ritual pres- bytery ; and sometimes, as at Winchester and Durham, this screen was of extreme magnificence. In smaller churches, where the reredos was not required, the altar being at the extreme east, it is seldom found ; though an arcade or other enrichment of the space beneath and at the sides of the east window some- times occurs. — S. E. D, [See P. C. G.^ p. 6i ; and L. J. Z).] . RESIDENCE. Personal residence is required of ecclesias- tical persons upon their cures ; and to that end, by the common law, if he that has a benefice with cure be chosen to a tem- poral office, he may have the king's writ for his discharge. By a statute of Henry YIIL, persons wilfully absenting them- selves from their benefices for one month tosrether, or two months in the year, shall forfeit ;£io for every month's absence, except chaplains to the king, or others therein mentioned, during their attendance in the household of such as retain them ; and also except all heads of houses, magistrates, and professors in the universities, and all students under forty years of age, residing there bond fide for study. By a statute passed in the reign of Elizabeth, and by other subsequent statutes, if any beneficed clergyman be absent from his cure above eighty days in one year, he shall not only forfeit one year's profit of his benefice, to be distributed among the poor of the parish, but all leases made by him of the profits of such benefice, and all covenants and agreements of like nature, shall cease and be void, except in the case of licenced pluralists, who are allowed to demise the living on which they are non-resident to their curates only. But if a man has no parsonage house, or remove by advice of his physician for better air, in order to the recovery of his health, or be removed and detained by imprisonment, or the like, he is not punishable by the said statute ; for the words of the statute are, " if he shall absent himself wilfully. '^ — B. L, Z>. [See C, L, EESIDENTIARY— EESIGNATIOK C. p. 536; P. K L. ; 25 Hen. YIII. cap. 13; 28 Hen. VIIL cap. 13; 13 Eliz. cap. 20; i Will, and Mary, cap. 26, sec. 6; 17 Geo. III. cap. 53; 21 Geo. III. cap. 66; 43 Geo. III. cap. 84; 54 Geo. III. cap. 54; i & 2 A^ict. cap. 23 ; and i & 2 Vict. cap. 29.] RESIDENTIARY. The capitular members of cathedrals who are bound to reside at the cathedral church, to perform the ordinary duties there, and to attend more immediately to its concerns. — H. C. D. [See L. J, i).] RESIGNATION (resignatio). The yielding up of a benefice into the hands of the ordinary, called by the canonists renuncia- tion ; and though it is all one in nature with the word surrender, yet it is, by use, restrained to yielding up a spiritual living to the bishop, as surrender is the giving up of temporal land into the hands of the lord. Every incumbent who resigns a benefice must make the resig- nation to his superior, an incumbent to the bishop, a bishop to the archbishop, and an archbishop to the king, as supreme ordinary ; a donative is to be resigned to the patron, not the ordinary, for in that case the clerk received his living imme- diately from the patron. A common benefice is to be resigned to the ordinary, by whose admission and institution the clerk first came into the church ; and the resignation must be made to that ordinary who has power of institution, in whose discretion it is either to accept or refuse the resignation ; as the law has declared him the proper person to whom it ought to be made, it has likewise empowered him to judge thereof. The instrument of resignation is to be directed to the bishop, and when the bishop has accepted it the resignation is good to make void the church, and not before, unless it be where there is no cure, when it is good without the acceptance of the bishop. A resignation may be made before a public notary, but without the bishop's acceptation it does not make the church void ; the notary can only attest the resignation in order to its being presented. Eefore acceptance of the resignation by the bishop no presen- tation can be made to the church ; but as soon as the acceptance is made, the patron may present to the benefice resigned ; and when the clerk is instituted the church is full against all men, though, before induction, such incumbent may make the church void again by resignation. It seems to be clear that the bishop may refuse to accept a resignation upon a sufficient cause for his refusal ; but whether 2 c 402 RESIGNATION BOND. he can, merely at his will and pleasure, refuse to accept a resig- nation without any cause, and who shall finally judge of the sufficiency of the cause, and by what mode he may be compelled to accept, are questions undecided. In the case of the Bishop of London v. Ffytche, the Court of King's Bench held that the ordinary could not refuse to admit a clerk to a rectory to which lie was presented, because he had given a general bond to resign upon the request of his patron. But this judgment was reversed in the House of Lords, and the judges in general declined in that case to answer whether a bishop was compellable to accept a resignation ; one thought he was compellable by mandamus if he did not show sufficient cause. Eesignations are to be abso- lute, and not conditional ; for it is against the nature of a resig- nation to be conditional, being a judicial act. If any incumbent corruptly resign his benefice, or take any reward for resigning the same, he shall forfeit double the value of the sum, &c., given, and the party giving it be incapable to hold the living. But a man may bind himself by bond to resign, and it is not unlawful, but may be on good and valuable reasons ; as, where he is obliged to resign if he take a second benefice, or if he be non-resident by the space of so many months, or to resign on request, if the patron shall present his son or kinsman, when he shall be of age capable to take the living, &c. — T. L, D, [See (7. L, C. C, pp. 596-612 ; P. K L. ; 31 Eliz. cap. 6, sec. 8; and 7 & 8 Geo. lY. cap. 25.] RESIGNATION BOND. By an act passed in the ninth year of George lY. cap. 94, a bond to resign a benefice is declared to be valid, provided it is entered into in accordance with the provisions of the act. The engagement must be entered into before the presentation, nomination, collation, or appointment of the party so entering into the same. The resignation must take place in favour of a relative, by blood or marriage, of the patron, who shall be specially named in the resignation bond. The deed must be deposited within two months with the regis- trar of the diocese, or peculiar jurisdiction wherein the benefice is situated. It must be open to inspection, and a certified copy of the same is to be admitted as evidence. The resignation is to be void unless the person named in the bond be presented within six months after the act of resignation. The following forms pertaining to resignation are now in use : — No. I. Act of Resignation to be executed before a Notary-Public and credible Witnesses. " In the name of God, Amen. Before you, a notary-public, and credible RESIGNATION BOND. witnesses here present, I, , in the county of , and diocese of , for certain just and lawful causes me thereunto especially moving, without compulsion, fraud, or deceit, do purely, simply, and absolutely resign and give up my said , and parish church of , with all their rights, members, and appurtenances, into the hands of the Right Reverend Pather in God , by divine permission Lord Bishop , or of any other whom- soever, having or that shall have power to admit this my resignation. And I totally renounce my right, title, and possession of, in, and to the same, with all their rights, members, and appurtenances heretofore had, and hitherto belonging to me ; I quit them, and expressly recede from them by these presents. And that this my resignation may have its full effect, I do hereby nominate and appoint , jointly and severally my proctors or substitutes, to exhibit this my resignation to the said right reverend father, and in my name to pray that his lordship would graciously vouch- safe to accept thereof, and to pronounce, decree, and declare the of , aforesaid void, and to be void of my person to all intents of law that may follow thereupon ; and to decree, if requisite, that intimation of the said avoidance may be issued to the patron thereof. In witness whereof I have hereunto set my hand and seal this day of , in the year of our Lord 1 8 — . Witnesses present, No. 2. Attestation of the Notary- Public. " On the day of , in the year of our Lord 1 8 — , the Rev. , clerk, of , in the county of , and diocese of , appeared personally before me, the underwritten notary-public, and resigned, gave up, and surrendered his said , and appointed his proctors, jointly and severally to exhibit his resignation, hereunto annexed, to the Right Reverend Father in God , Lord Bishop of , and did and performed all other things as in his said resignation, hereunto annexed, is particularly specified and set forth, in the presence of witnesses attesting the same. Which I attest, "Notary-Public." No. 3. Acceptation by the Ordinary of the Resignation. " We accept the resignation of the , in the county of , and our diocese of , as it is exhibited to us by , one of the proctors therein named ; and we do declare the said void, and to be void of the person of the within named , the party resigning, to all intents of law that may follow thereupon, and do decree that an intimation of such avoidance, if requisite, be issued to the patron thereof. " Dated this day of , in the year of our Lord 18 — No. 4. Copy of Letter to be sent to the Patron of the Benefice resigned, if it is not in the Patronage of the Bishop himself. "18—. "I am desired by the Lord Bishop of to inform you that his lordship accepted the Rev. resignation of the of , in the county of , and diocese of , on the of , and declared the same void. " Please to acknowledge the receipt of this notice. " I have the honour to be, your most obedient servant, » ^ Secretary." 404 EESIGNATION"— EEVENUE. RESIGNATION, THE INCUMBENTS, ACT. 34 & 35 Vic- toria, cap. 44, 1871, provides for the resignation of incumbents who, through bodily or mental incapacity, are unequal to the discharge of their parochial duties, with reservation to the out- going incumbent to not more than one-third the income of the benefice resigned, to be paid to him during life on certain specified conditions. [See the Act.] RESIGNATION, DEED OF. "Whereas on the day of , in the year of oirr Lord 18 — , a Commission was issued by Us, the Bishop of , under the provisions of 'The Incumbent's Resignation Act, 1871,' on the representation of the Rev. , incumbent of , within the diocese aforesaid, and in their return thereto the Commissioners stated that in their opinion the resignation of the said was expedient, and that a pension of pounds per annum out of the revenues of the said benefice should be allowed to the said Rev. on his retirement therefrom : And whereas the patron has consented, or not refused his consent, to such resignation, (or) the archbishop has determined that such resignation shall be accepted : We, by divine permission, Bishop of , do declare the said benefice void of the person of the Rev. , to all intents and purposes of the law, on and after the day of , subject, nevertheless, to the payment by half-yearly payments from the day of next, out of the revenues thereof, of the said yearly pension of pounds, the first of which half- yearly payments shall be payable on , and future half-yearly payments at periods of six months from such day, or such other sum as may hereafter be assigned under the provisions of the said act unto the said , for his life, or such less period as hereafter may be assigned by law, and endorsed thereon. " As witness our hand this day of , in the year iS — . " Witnesses to the signature of the bishop, ." RESPOND. This was a short anthem sung after reading three or four verses of a chapter, after which the chapter was proceeded w^ith. — B. E. L. RESTITUTIONE EXTRACTI AB ECCLESIA. A writ to restore a man to the Church, which he had recovered for his sanctuary, being suspected of felony. — T. L. D. RESTITUTION OF TEMPORALITIES is a writ directed to the sheriff to restore the temporalities to a bishop elected, con- firmed, and consecrated. — B. L. D. RETABLE. A shelf or ledge behind an altar for holding candles or vases. — S. E. D, RETREAT. The dedication of a certain period of time to prayer and meditation for the good of a person's soul. The ecclesiastic who gives the addresses for the purpose of meditation is called the conductor of the retreat. — S. E. D. REVENUE. (The word is French, formed from revenir, to return ; whence revenue is sometimes also u*ed in ancient EEVENUES OF MONASTEKIES. 405 authors for a return ; as, tlie revenue of Easter;" *Hhe revenue of this manor consists in tithes, rents," &c.) The yearly rent or profits arising to a man from his lands, possessions, &c. The revenues of the English clergy were added to by King Ethelwolf, A.D. 855, who confirmed to them for ever the tithe of all goods, and the lands which they possessed, free from all secular service, taxes, impositions, &c. The charter whereby this was given them was confirmed by several of his successors, Edmund, Edgar, Ethelred, Alfred, and William the Conqueror ; which last, finding the bishoprics so rich, erected them all into baronies, each barony containing thirteen knights' fees at least. But at the Eeformation a perfect spoliation took place. The revenues of the inferior clergy in general are small, a third part of the best benefices being anciently, by the Pope's grant, appropriated to monasteries ; upon the dissolution whereof they became lay fees. Indeed an addition was made (2 Anne), the whole revenues of first-fruits and tenths being then granted to raise a fund for the augmentation of the maintenance of the poor clergy, pursuant to which a corporation was formed by the name of the governors of the Bounty of Queen Anne, for the augmentation of the maintenance of the poor clergy, to whom the said revenues were conveyed in trust. — E. G. G. REVENUES OF MONASTERIES, how disposed of. As there were pensions paid to almost all those of the greater monasteries at the time of the dissolution, the king did not immediately come into the full enjoyment of their whole reve- nues. However, out of what did come to him. he founded six new bishoprics, viz., those of Westminster (which was changed by Queen Elizabeth into a deanery, with twelve pre- bends and a school), Peterborough, Chester, Gloucester, Bristol, and Oxford. And in eight other sees he founded deaneries and chapters by turning the priors and monks into deans and prebendaries, to wit, Canterbury, Winchester, Durham, Wor- cester, Rochester, Norwich, Ely, and Carlisle. He founded also the Colleges of Christ Church in Oxford and Trinity in Cambridge, and finished King's College Chapel there. He likewise founded professorships of divinity, law, physic, and of the Hebrew and Greek tongues in both the said universities. He gave the house of Grey friars and St. Bartholomew's Hos- pital to the city of London, and a perpetual pension to the poor knights at Windsor ; and laid out great sums in building and fortifying many ports in the Channel, and intended to have done more, but whether out of policy, to give content to the 4o6 EEVEREND— EING, IN MATEIMOXY. nobility and gentry by selling these lands at low rates, or out of easiness to his courtiers, or an unmeasured lavishness in his expenses, he soon disabled himself from it, and nothing further was done by him. — B. E. L. KEVEEEND. A title given to the clergy generally, arch- bishops being styled most reverend, the bishops right reverend, and deans very reverend. REVILING CHURCH ORDINANCES is a positive offence against religion that affects the Established Church ; and the reviling the Sacrament of the Lord's Supper was punished | by statutes of Edward VI. and Elizabeth with fine and impri- sonment. And by a statute of Elizabeth, if any minister should } speak anything in derogation of the Book of Common Prayer, he was, if not beneficed, to be imprisoned one year for the first offence, and for life for the second. And if beneficed, he was for the first offence to be imprisoned six months, and forfeit a year's value of his benefice ; for the second offence he was to be deprived and suffer one year's imprisonment ; and for the third should, in like manner, be deprived and suffer imprisonment for life. And if any person whatsoever, in plays, songs, or other open words, spoke anything in derogation, defaming, or despis- ing of the said book, or forcibly prevented the reading of it, or caused any other service to be used in its stead, he was to for- feit for the first oftence one hundred marks ; for the second, four hundred ; and for the third all his goods and chattels, and suffer imprisonment for life. — T, L, D, [See i Edw. VI. cap. i ; i Eliz. cap. I ; and i Eliz. cap. 2.] RIGHT SIDE. In examining the old Uses (or various forms of the old English liturgies) the student will find much confu- sion if he take for a guide the modern Eoman books, respect- ing the right and left corner of the altar. In several rubrics of the English liturgies the right means the epistle side, and the left the gospel side. In all the old Eoman orders such was the custom up to the end of the 15 th century, taking it to be the right hand and the left of the officiating priest, as well as of those who were standing by. But in the year 1485 the Eoman Pontifical, published at Venice, laid it down as a rule that the right hand and the left Avere to be taken from the crucifix upon the altar, by which new arrangement, of course, the old was entirely reversed. — S. E. D. RING, IN MATRIMONY. Immediately after the mutual promises or stipulations in the office of matrimony, the very ancient ceremony occurs of placing a ring on the finger of the EITUAL— KOGATION DAYS. 407 woman. The object of this is stated in the prayer following to be a token and pledge " of the vow and covenant just made by the parties. It has also been considered as a sign or seal of the admittance of the wife to ^' the nearest friendship and highest trust " which it was in the husband's power to give. It is prob- able that there is weight in all these opinions, though the former seems to be the prominent one in the view of the Church. — s. E. d: EITUAL. The external body of words, gestures, actions, and ceremonies by which the worship of God is publicly expressed and exhibited. [See B. D, D, H. T.] RITUALIST. One who has studied the science, is familiar with, and observes the practice of ritual as an outward expres- sion of worship. RITES AND CEREMONIES. The minor offices of the Church, as distinguished from the sacraments. ROCHET or ROCHETTE. An ancient ecclesiastical garment of fine white linen; at first extending to the feet, afterwards to the knees, and subsequently curtailed to half-way across the thighs. It difi'ered from the surplice not only in length, but likewise in having close sleeves ; the bottom edge of the skirt was fre- quently ornamented with a broad lace border." Some writers derive the word rochet from the French term roquet, or from ruceo, or recceo, which, says Bonanni, signifies a robe ; others derive it from rica (rifo), a very thin veil worn in the heathen sacrifices. ... In the Church of England (as in other branches of the Church), the rochet was at one time worn by the ordi- nary priest as well at baptisms as at the Holy Eucharist ; and we find the Constitution of Archbishop Winchelsea directing that it shall be supplied at the expense of the parishioners. It was originally, however, assigned to the hierarchy of the Church ; and to the members of the episcopal body is its use now limited by the rubrics of our liturgy. It is worn by bishops under the chimere. — S. E. D. [See L, J". Z).] ROGATION DAYS. The Monday, Tuesday, and Wednes- day preceding the Ascension Day derive their name of Kogation Days from the fact that Mamertus, Bishop of Yienne (a.d. 460), appointed special litanies to be used on these days. No special service is provided for the rogation days, but it would appear, from an injunction of Queen Elizabeth in 1559, that some order of prayer was intended to supersede the old rogation services. The injunction runs thus : — " The curate ... at certain conve- nient places shall admonish the people to give thanks to God, 4o8 EOMANISM— EOOD. in the beholding of God's benefits, . . . with the saying of Ps. civ., Benedic^ anima mea. At which time also the same mini- ster shall inculcate this and suchlike sentences, * Cursed be he that translate th the bounds and doles* of his neighbour,' or such other order of prayer as shall be hereafter appointed." This in- tention was never carried out. The custom of perambulating parishes, or " beating the bounds," as it is popularly called, is all that survives of the old processions that were observed on rogation days. There is, however, a homily in three parts " for the days of Eogation Week," and there is an " Exhortation to be spoken in such parishes where they use their perambulations in Eogation Week, for the oversight of the bounds and limits of their town." A special collect, epistle, and gospel were pro- posed in 1 66 1, and again in 1689, but not adopted. The collect framed in 1689 will show the leading idea of the proposed ser- vice : ^'Almighty God, who hast blessed the earth that it should be fruitful, and bring forth everything that is necessary for the life of man, and hast commanded us to work with quietness and eat our own bread ; bless us in all our labours, and grant us such seasonable weather that we may gather in the fruits of the earth, and ever rejoice in Thy goodness, to the praise of Thy holy name, through Jesus Christ our Lord. Amen." — Evan Daniel. EOMANISM. A word used to designate the errors in matters of faith, worship, practice, and Church government peculiar to the Church of Eome, which are deviations from primitive catho- licity, and not sanctioned by the general councils of the Church. [See B. D. D. H. T.] ROMESCOT (afterwards called Peter's Pence, because it was paid on the day dedicated to St. Peter). Anciently a tax of a penny on every house in the kingdom for the support of an Anglo-Saxon college. [See L. J. ROOD (Sax. rode). A cross, crucifix, or figure of Christ on the cross, frequently placed in a church. The holy rood was one generally of full size, elevated at the junction of the nave and choir, and facing towards the western entrance of the church. The rood-loft was the gallery in which the rood and its appendages were placed. This loft or gallery was commonly * Dales, dools, or dolles, are ''slips of pasture left between furrows of ploughed lands. A dole-meadow is a meadow in which the shares of different proprietors are marked by doles or landmarks. Now the simplest division of property would be a strip of turf left un ploughed. Dole, a small ditch with the sod turned up beside it for a landmark " (Wedge- wood). The word seems to be from the same source as dole, a portion, viz., 0. E. dcelan^ to divide. — Evan Daniel. [See also B. D. D. H. T.\ EOOD-LOFT— EUKAL DEAK 409 placed over the cliancel screen in parish churches. The rood- tower or steeple was that which stood over the intersection of the nave with the transept. — S. E. D. ROOD-LOFT. A gallery on a rood-screen in ancient churches, where was erected a large crucifix or cross, sometimes with figures also of the Blessed Virgin and St. John. [See L. J. D.] ROOD-SCREEN. A structure in old churches forming a broad and solid partition between the nave and chancel. On this stood the rood or cross, with other figures. The rood- screens are now sometimes used for organ-lofts. — S. E. D. [See P. a G., p. 58.] ROOD-TOWER or ROOD-STEEPLE. This name is some- times applied to the tower built over the intersection of a cruci- form church. The term rood-arch is sometimes applied to the arch between the nave and chancel, from its being immediately over the rood-loft. — aS. E. D. ROSE-WINDOW. In architecture, a circular window with compartments of mullions and tracery branching from a centre. It is sometimes called a Catherine wheel, or Marigold window. RUBRICAL. According to the rubric. RUBRICS. The directions in the Prayer-Book relative to the manner in which the various parts of the liturgy should be performed. These rules or directions about the service are called rubrics from the Latin word ruher^ meaning red, because in ancient times it was the custom to print them in red ink, so that they might easily be distinguished from the service itself, which was printed in black ink, and with a different kind of type or letter. The name of rubric has still been retained in our Prayer-Books, though the use of red ink has been mostly laid aside. — >S^. E. D. [See P. E. L.] RUDMAS-DAY (from the Sax. rode, crux, and mass-day). The feast of the Holy Cross. There are two of these feasts, one on the 3d of May, the invention of the cross, and the other on the 14th of September, called Holy KoodDay, the exaltation of the cross. — T. L. D, RURAL DEAN, in the ancient Church, was a temporary dean appointed by the bishop or archbishop, for some particular ministry, without canonical institution. The rural dean is the same with what, in the laws of Edward the Confessor, is called clecanus episcopi, the bishop's dean. In some places these deans vseem to have been called chorepiscopi. Heylin observes that each diocese has in it one or more archdeaconries for despatch of ecclesiastical business ; and each archdeaconry is subdivided 4IO KUEAL DEAN. into rural deaneries, fewer or more according to tlie extent thereof ; the deans whereof were also called archipreshyteri^ and decani christianitatis. Dean is also a title applied among us to the chief of some peculiar church or chapel ; as the Dean of the King's Chapel, of the Arches, of Battle, of Boking, &c. Rural dean, or urban dean, was formerly an ecclesiastical person, who had a district of ten churches or parishes, either in the county or city, within which he exercised juris- diction. These rural deans were sometimes called archipres- hyteri, and at first were, both in order and authority, above the archdeacons. They were elected by the clergy, and by their votes deposed ; but afterwards they were appointed and removed at the discretion of the bishop ; and hence they were called decani temporarii, to distinguish them from the cathedral deans, who were called decani perpetui. We meet with rural deans as early as the 9th century ; Hincmar, in a capitular to his arch- deacons, reserves the right of electing them to himself, and only allows it to the archdeacons in case he be absent, and by pro- vision only. Some take the rural deans to hold the rank and place of the chorepiscopi. Be this as it will, it is certain they are very ancient in France, Germany, and England ; though till the end of the i6th century they were unknown in Italy; be- cause the bishoprics there were exceedingly small, they were not needed. St. Charles Borromeo is said to have first introduced them there. The office of inspecting and reporting the manners of the clergy and people rendered the rural deans necessary attendants on the episcopal synod or general visitation, which was held for the same end of inspecting, in order to reformation. In which synods (or general visitation of the whole diocese by the bishop) the rural deans were the standing representatives of the rest of the clergy, and were there to deliver information of abuses committed within their knowledge, and to propose and consult the best methods of reformation. The ancient epis- copal synods (which were commonly held once a year) were composed of the bishop as president, and the deans-cathedral or archipresbyters in the name of their collegiate body of presbyters or priests, and the archdeacons or deputies of the inferior order of deacons, and the urban and rural deans in the name of the parish ministers within their division ; who were to have their expenses allowed to them according to the time of their attend- ance, by those whom they represented, as the practice obtained for the representatives of the people in the civil synods or par- liament. But this part of their duty, which related to the EUSH EEAKING— SACEAMENT. 411 information of scandals and offences, in progress of time devolved upon the churchwardens ; and their other office of being con- vened to sit as members of provincial and episcopal synods was transferred to two proctors or representatives of the parochial clergy in every diocese to assemble in convocation, where the cathedral deans and archdeacons still keep their ancient rightj whilst the rural deans have given place to an election of two only for every diocese, instead of one bystanding place for every deanery. In the provincial synod of convocation, held in London, April 3, 157 1, it was ordained that the archdeacon, when he has finished his visitation, shall signify to the bishop what clergymen he has found in every deanery so well endowed with learning and judgment as to be worthy to instruct the people in sermons, and to rule and preside over others ; out of these the bishop may choose such as he will have to be rural deans." — E. a a [See also P. E, L., and (7. L. C. C] EUSH BEAEING-. An ancient custom of carrying rushes to the church and there strewing them. Eush-bearing Sunday, on which the church is decorated with flowers and rushes, &c., is still observed in some places in the north of England. [See L. 7. D.] s SAC, ORDER OF THE. The friars of the Sac first appeared in England in the year 1257. The right style of them was friars of the penance of Jesus Christ. But they were commonly called friars of the Sac, from their habit being either shaped like a sack or made of that coarse cloth called sackcloth. They seemed to have had their first house near Aldersgate, London. But their order was very short-lived there, being put down by the Council at Lyons in the year 1307. — B, E. L. SACEEDOTALE. A book containing occasional offices, in- structions, &c., for the use of the clergy. — S. E. D, SACRAMENT, HOLY {sacramentum). Usually applied to the Holy Sacrament of the Lord's Supper. By the rubric there must be three at the least to communicate, and a minister is not without lawful cause to deny it to any who shall devoutly and humbly desire it ; but notorious sinners are not to be admitted to it till they have repented, nor those who maliciously contend, until they are reconciled, &c. ; also the sacrament is not to be administered to such as refuse to be present at the prayers of 412 SACEAMENTAL TEST, ABOLITION OF. the church, nor to strangers ; for a minister is not obliged to give it to any but those of his own parish ; and the partakers of the holy sacrament ought to signify their names to the curate at least a day before it is administered. If a minister refuse to give the sacrament to any one, he is to certify the cause of such refusal to the bishop ; and a parson refusing to administer the sacrament to any without just cause is liable to be sued in action on the case, because a man may have a temporal loss by such refusal. In every parish church the sacrament is to be administered three times in the year (whereof the feast of Easter is to be one), and every layman is bound to receive it thrice every year, &c. In colleges and halls of the universities the sacrament is to be administered the first or second Sunday of every month, and in cathedral churches upon all principal feast days. The churchwardens as well as the minister are to take notice whether the parishioners come as often to the sacrament as they ought ; and on a churchwarden's presenting a man for not receiving the sacrament, he may be libelled in the Ecclesiastical Court and excommunicated, &c. Eeviling the Sacrament of the Lord's Supper was punishable under statutes of Elizabeth and Edward VI. with fine and imprisonment. The acts commonly called the Test and Corporation Acts, requiring persons to take the sacrament as a qualification for office, have been repealed. — T, L. D, [See P. E. L. ; B. D. D, H. T. ; 24 Hen. VIII. cap. 12, sees. 2 & 3; 34 & 35 Hen. YIII. cap. I , sec. 4 ; 2 & 3 Edw. YI. cap. i ; 5 & 6 Edw. Y 1. cap. I ; I Eliz. cap. i ; i Edw. YI. cap. i ; and 13 & 14 Chas. 11. cap. 4, sec. 14.] SACRAMENTAL TEST, ABOLITION OF. Prior to the passing of 9 George lY. cap. 17, it was required, as a quali- fication for certain offices and employments, that such persons as were to engage in them were to receive the Sacrament of the Lord's Supper according to the rites and usages of the Church of England, and they were to deliver a certificate or make proof of the truth of their having received the said sacra- ment in the manner aforesaid, before they could fulfil the duties of certain offices and engage in certain employments. This act abolished the sacramental test, and in lieu thereof required the following declaration to be made by every person who should thereafter be placed, elected, or chosen in or to the office of mayor, alderman, recorder, bailiff, town clerk, or common councilman, or in or to any office of magistracy or place, trust, SACRAMENTS— SACEILEGE. 413 or employment relating to the government of any city, corpora- tion, borough, or cinque port within England and Wales, or the town of Eerwick-upon-Tweed, within one calendar month near before or upon his admission into any of the aforesaid offices or trusts. I, A B, do solemnly and sincerely, in the presence of God, profess, testify, and declare, upon the true faith of a Chris- tian, that I will never exercise any power, authority, or influence of which I am possessed by virtue of the office of , to injure or weaken the Protestant Church as it is by law established in England, or to disturb the said Church, or the bishops and clergy of the said Church, in the possession of any rights or privileges to which such Church as the bishops and clergy are or may be bv law entitled." [For further particulars see the Act.] SAOEAMENTS. There are two sacraments ordained of Christ our Lord in the Gospel, that is to say. Baptism and the Supper of the Lord. Those five commonly called sacra- ments, that is to say, confirmation, penance, orders, matrimony, and extreme unction, are not to be counted for sacraments of the Gospel, being such as have grown partly of the corrupt following of the apostles, partly as states of life allowed by the Scriptures ; but yet have not the like nature of sacraments with Baptism and the Lord's Supper, for that they have not any visible sign or ceremony ordained of God. [See Article 25.] SACRARIUM. The chancel ; the sacred place enclosed by the altar rails, within which stands the holy table or altar. SACRED VESSELS. The chalice, paten, ciborium, or pyx, and the large paten used instead. — Directorium Anglicanum. SACRIFICE OF THE ALTAR. The solemn ofi'ering to God of the consecrated bread and wine representing the body and blood of Christ in the Holy Communion. — S. E. D. SACRILEG-E (sacrilegium). Church robbery, or a taking of things out of a holy place ; as where a person steals any vessels, ornament, or goods of the church ; and it is said to be a robbery of God, at least of what is dedicated to His service. If anything belonging to private persons, left in a church, be stolen, it is only common theft, not sacrilege ; but the canon law determines that also to be sacrilege, as, likewise, the stealing of a thing known to be consecrated in a place not consecrated. The term sacrilege was also anciently applied to 'the alienation to laymen, and to profane or common purposes, of what was given to religious persons and to pious uses. This was a guilt which our forefathers were very tender of incurring ; and there- 414 SACRII^G BELL— ST. ANTHONY, fore, when the order of the Knights Templars was dissolved, their lands were, under this pretext, afterwards violated, and given to the Knights Hospitallers of Jerusalem. — T, L, D, [See 7 & 8 Geo. IV. cap. 29, sec. 10 ; 9 Geo. IV. cap. 55, sec. 10 ; and 5 & 6 Will. IV. cap. 81.] SACRING BELL. In the Eomish Church a small bell used to call attention to the more solemn parts of the service of the mass ; called also the saint's bell or mass bell. Mr. Todd, in his additions to Johnson's Dictionary, quotes from Warton's History of Kiddington," as follows : — ^*It was usually placed where it might be heard farthest, in a lantern at the springing of the steeple, or in a turret at the angle of the tower; and sometimes, for the convenience of its being more readily and exactly rung, within a pediment or arcade between the church and the chancel ; the rope, in this situation, falling down into the choir, not far from the altar." Thus in Walton's ''Life of George Herbert:" ''And some of the meaner sort of his parish did so love and reverence Mr. Herbert, that they would let their plough rest when Mr. Herbert's saint's bell rung to prayers, that they might also offer their devotions to God with him; and would then return back to their plough." The small bell at Canterbury rung before service, is hung high in the central tower, and seems to answer to the ancient saint's belL Mr. Todd adds that " the little bell, which now rings immedi- ately before the service begins, is corruptly called in many places, saucebell cr sauncebell." — H. C, D. SACRISTAN. The person to whose charge the sacred vest- ments, &c., in a church, are committed ; now corrupted to sexton. The sacristan is a dignitary in some foreign cathedrals, as was formerly the case at Glasgow and the Chapel Eoyal of Stirling, in Scotland, in both of which places there were treasurers also. In most of the old cathedrals, however, the sacrist was the treasurer's deputy and a vicar choral. In those of the new foundation the sacrist is a 'minor canon, and has often the special cure of souls within the precinct. In Ireland the sacrist at Elphin was a dignitary, now usually styled treasurer. — H. a D. SACRISTY. The place in which sacred vestments, &c., are kept, similar to the modern vestry. ST. ANTHONY OP VIENNA, ORDER OF. The order of St. Anthony of Vienna was instituted in the year 1095, for the help and relief of such persons as were afflicted with that pain- ful inflammation called St. Anthony's fire, from that saint's being ST. BEIDGET, ORDER OF— ST. VICTOR. 415 thought able to ease people under it and deliver them from it. The friars or brethren of this order followed St. Austin's rule, came hither early in the reign of King Henry III., and had one house at London and another at Hereford. — B. E. L. ST. BRIDGET, ORDER OF. The Brigittines or nuns of our Holy Saviour were instituted by St. Bridget, princess or duchess of isTericia in Sweden, about the middle of the 14th century, under the rule of St. Austin, with some additions of her own. This order, though chiefly for women, had likewise men in every convent (who lived in different apartments, and were not per- mitted to come near the women but in cases of great necessity), and differed from all other institutions in requiring a particular number of men and women in every house, to wit, sixty nuns, thirteen priests, four deacons, and eight lay brethren. There seems to have been only one house of this order in England, viz., at Syon, in Middlesex, founded by King Henry Y. about the year 14 14. — B. E. L, [See Sion College.] ST. CLARE or MINORESSES, ORDER OF. The nuns of St. Clare were founded by her whose name they bear at Assisi, in Italy, about the year 12 12. These nuns, observing St. Francis's rule, and wearing the same coloured habit as the Franciscan friars, were often called minoresses, and their house, Avithout Aldgate, the minories. They were likewise called the Poor Clares, probably from their scanty endowments. They were brought into England by Blanch, Queen of !N"avarre, who was wife to Edmund, Earl of Lancaster, Leicester, and Derby, about the year 1293, and seated without Aldgate, as aforesaid. Besides which there were but three houses more of this order in Eng- land, viz., at Waterbeach and Denny in Cambridgeshire, and Brusyard in Suffolk. — B. E. L. ST. MARY OF MERTON, ORDER OF. Common and regular canons of the order of St. Austin, and the institution of St. Mary of Meretune or Merton, as at Buckenham in Norfolk. —B. E. L. ST. NICHOLAS, ORDER OF. Besides the common and regular sort of canons, there were also those as observed St. Austin's rule, according to the regulations of St. J^icholas of Arroasia, as those of Harewolde in Bedfordshire, Brunne in Lincolnshire, and Lilleshul in Shropshire. — B. E. L. ST. VICTOR, ORDER OF. Canons, regular and common, of the rule of St. Austin and order of St. Victor, as at Keynsham and Worspring in Somersetshire, and Wormesley in Hereford- shire.—^. E. L, 4i6 SAKCTA— SAKUM USE SANCTA. The relics of the saints. Jurare super sanda was to ir^ake oath ol those relics. — T. L. D, SANCTUARY. Anciently, if a person accused of any crime ^except treason and sacrilege) had fled to any church or church- yard, and within lorty days after went in sackcloth and con- iessed himself guilty before the coroner, and declared all the parti cnlai circumstances of tlie offence, and thereupon took the oath in that case provided, viz., that he abjured the re»dm, and would depart from thenceforth at the port that should be assigned him, and would never return without leave from the king, he by this means saved his life, if he observed the condi- tions of the oath, by going with a cross in his hand, and with all convenient speed, to the port assigned and embarking. If, during this forty days' privilege of sanctuary, or on his way to the sea side, he was apprehended and arraigned in any court for this felony, he might plead the privilege of sanctuary, and had a right to be remanded, if taken out against his will ; but by this abjuration his blood was attainted, and he forfeited all his goods and chattels. The immunity of these privileged places was very much abridged by statutes of Henry YIII. By the statute of James I. cap. 28, sees. 6 & 7, all privilege of sanc- tuary, and abjuration consequent thereupon, was utterly taken away and abolished. St. John's of Beverley, in Yorkshire, had an eminent sanctuary belongnng to it in the time of the Saxons ; and St. Buriens in Cornwall had the like granted by King Athelstan, a.d, 935 ; so had Westminster, granted by King Edward the Confessor; and St. Martin-le-Grand, in London, 21 Henry VIll. &c.— ^. L, D. and T. L. D. [See 26 Hen. YIII. cap. 13, sec. 3; 27 Hen. YIII. cap. 19; 32 Hen. VIIL cap. 12; I Edw. YJ. cap. 12, sees. 10 & 14; and see also Abjuration.] SANCTUARY LAMP. A lamp burning before the blessed sacrament when reserved on the altar. — S. E. D, SANCTUS. An anthem originally commencing with the Latin word sandus, " holy." The Trisagion, Holy, holy, holy, Lord God of Hosts." SANCTUS BELL. Formerly a small bell used during mass ; a bell for a similar purpose hung in a turret outside a church. SARUM USE. A use based on the Anglo-Saxon and Nor- man customs, particularly that of Eouen, and put forth by St. Osmund, a.d. 1087, as a means of reducing the different customs of his diocese to order. It was gradually adopted by other SAVIGNIANS— SCAEF. 417 dioceses, and Hereford and York based their missals upon it. — 8. K D. [See 2 & 3 Edw. YL cap. i.] SAVIGNIANS or FRATRES GRISEI. The order of Savigni or Fratres Grisei were founded by Vitalis de Mortain, who began to gather disciples in the forest of Savigni, in France, about the year 1105. He gave his disciples the rule of St. Benedict with some peculiar constitutions, and they assumed a gray habit, from whence they were called Fratres Grisei. Vitalis came into England in the year 11 20; and preaching here, and converting many, probably introduced his order, which was shortly after (viz., in the year 1148) united to the Cistercians. — B, E. L. SAYING AND SINGING. The parts of the service directed to be said or sung, or sung or said, are the Yenite, the Psalms (in the title-page of the Prayer-Book), the Te Deum (and by inference and analogy), the Canticles ; Apostles' Creed, Litany, Athanasian Creed, Easter Anthem, l!^icene Creed, Sanctus, Gloria in Excelsis, the psalm in the Matrimonial Service, the commencing sentences and two anthems in the Burial Service, the Communion Service, the Communion Service in the ordina- tion of deacons and priests, and the Yeni Creator in the ordination of priests and bishops. These two phrases have no difference in meaning, since the Apostles' Creed is directed to be sung or said in the morning service, and to be said or sung in the evening. — H, C. D. SOAPULARE or SCAPULAR. A mionastic dress, having an aperture for the head and neck to pass through, falling down before and behind, but leaving both arms at liberty. Monks used to work in their scapulars. Those worn by canons regular in the Church of Eome present a great variety of appearance. Some fall to the very ground, while otheys barely extend to the girdle ; some are as wide as an apron, others mere strips, not wider than a stole. They have generally a square termination, but some of them are formed like a tongue. — S, E. D, SCARF. The scarf, when worn by the parochial clergy over the surplice, may be considered as a representative of the stole, from which, indeed, there is little doubt it has been derived. This ecclesiastical ornament seems to have been at one time peculiar to doctors of the universities in holy orders, and to cathedral dignitaries, from whom it passed to chaplains of the nobility, although the scarf of these last at first partook of the colour of the livery of the patron. In modern times, however, the scarf has been used very generally by the canons of cathe- 2 D 4i8 SCHISM BILL— SEAL. drals, ecclesiastical dignitaries, and the parochial clergy without distinction, but confined to black in colour, with the occasional exceptions above mentioned. But the later reappearance of the stole among the parochial clergy has in some instances supplied the place of the scarf. The scarf is now frequently worn over the surplice as well as over the gown, except at the universities, where it does not often accompany the surplice. — >S^. E. D, SCHISM BILL. An act so called, passed in 1713, but re- pealed in 1 7 19, which enacted that no person should act as tutor or keep a school who had not subscribed to the declara- tion of conformity to the Church of England, and received a licence from the diocesan. [See 12 Anne, stat. 2, cap. 7.] SCREEN, in ecclesiastical architecture, a term denoting a partition of wood, stone, or metal. SCUTAGE {scutagium ; Sax. scildepenig) was a tax or contri- bution, raised by those that held lands by knight's service, towards furnishing the king's army, at one, two, or three marks for every knight's fee. Henry III., for his voyage to the Holy Land, had a tenth granted by the clergy, and scutage, three marks of every knight's fee, by the laity. This was also levied by Henry 11. , Kichard L, and King John. — T. L. D. SCYREGEMOT or SCYREMOT. In ancient customs, a county court held twice every year by the bishop of the diocese and the ealdorman or sheriff, wherein both the ecclesiastical and temporal laws were given in charge to the county. In the time of Canute the scyr^gemot was held thrice every year. Edward the Confessor appointed it to be held twelve times in the year. —E, a a SEAL (sigillum). A puncheon, or piece of metal, or other matter, usually either round or oval, whereon is engraven the arms, device, &c., of some prince, state, community, magistrate, or private person, with a legend or inscription ; the impression whereof in wax serves to make acts, instruments, &c., authentic. Before the time of William the Conqueror, the Eiiglish did not seal with wax, but only made a golden cross on the parchment, and sometimes an impression on a piece of lead, which hung to the grant with a silken string, and was deemed an abundant authorising of the grant itself without either signing or wit- nesses. The colour of the wax wherewith the king's grants were sealed was usually green, to signify that the act continued for ever fresh and of force. The usual impression on all lay- men's seals, till the year 12 18, was a man on horseback, with a sword in his hand ; afterwards they began to engrave their coats SEALED BOOKS— SECKETA. 419 of arms on tlieir seals. Only the archbishops and bishops, by a decree of Cardinal Otto, who was legate here in 1237, were to bear in their seals their title, office, dignity, and even their pro- per names. E'one below the dignity of a knight had any right to a pendant seal called aiithenticum. The emperors long sealed all their acts of importance with a golden seal ; and the golden bull of Charles lY., for the election of an emperor, takes its name from the gold seal hanging to it, which is called a bull. The Pope has two kinds of seals ; the first, used in apostolical briefs and private letters, &c., called the fisherman's ring. This is a very large ring, wherein is represented St. Peter drawing his net full of fishes. The other is used in bulls, representing St. Peter's head on the right, that of St. Paul on the left, with a cross between the two. On the reverse is sometimes the Pope's name and arms. The impressions of the first seal are taken in red wax, those of the second in lead. — E. C. C. SEALED BOOKS. By an act passed in the reign of Charles II. (which ratified the last revision of the Prayer-Book), it was enacted that the dean and chapter of every cathedral and colle- giate church should obtain, under the great seal of England, a true and perfect printed copy of the above-mentioned act and Prayer-Book, to be kept by them in safety for ever, and to be produced in any court of record when required ; and that like copies should be delivered into the respective courts of West- minster and the Tower of London : which books so to be exem- plified under the great seal were to be examined by persons appointed by the king, and compared with the original book annexed to the act : these persons having power to correct and amend in writing any error; certifying the examination and collation under their hands and seals : which said books, and every one of them, shall be taken, adjudged, and expounded to be good, and available in the law to all intents and purposes whatsoever, and shall be accounted as good records as this book itself heretofore annexed." [See 13 & 14 Chas. II. cap. 4, sec. 28.] SECOND PRAYER-BOOK. A revision of the first Prayer- Book, issued in the reign of Edward YL, by which uniformity of service in the Church of England was a second time en- joined. [See 2 & 3 Edw. YL cap. i ; and 5 & 6 Edw. YL cap. I.] - SEORETA. Generally, a prayer said by a priest at mass ina^rticulately. Specifically, the prayer which follows the off'or- tory.— ^. E. D. 4 2 o S EC UL ARIS ATION— SEPAE ATE. SECULARISATION. The action of secularising or of con- verting a regular person, place, or benefice into a secular one. Almost all the cathedral churches were anciently regular, i.e.y the canons were to be religious ; but they have been most of them secularised. — E. C. 0, SEDILIA. Seats within the railings of the sanctuary of a church, provided for the use of the clergy. There are usually three or more of these combined in one solid structure, often richly carved and of elaborate design. Their position is almost invariably on the south side of the chancel. The " Glossary of Architecture " explains the word sedile, sedilia, as ^Hhe Latin name for a seat, which in modern times has come to be generally applied by way of distinction to the seats on the south side of the choir near the altar in churches, used in the Roman Catholic service by the priest and his attendants, the deacon and subdeacon, during certain parts of the mass. They were sometimes movable, but more usually in this country were formed of masonry and recessed in the wall like niches. ... A few are of as early date as the latter part of the 1 2th century, but the majority are later, extending to the end of the Perpendicular style. In general they contain three separate seats, but occasionally two, or only one, and in a few rare instances, four or five. They are very commonly placed at different levels, the eastern seat being a step the highest, and the western the lowest ; but sometimes, when three are used, the two western seats are on the same level, a step below the other, and sometimes the two eastern are level, and the western a step below them." — S. E. D. SEE. The diocese of a bishop, or the district in which he has his seat and authority. [See L. J, Z>.] SENIOR BISHOP. The oldest bishop in the order of con- secration. SENTENCES. Those verses of Scripture which are placed in the Prayer-Book at the beginning of morning and evening prayer. SEPARATE AND DISUNITED PARISHES. These parishes are formed under a scheme of the archbishop, and by an order in council, and with the consent of the arch- bishop, patrons, and incumbents of the parishes affected by the scheme. If the incumbents do not consent, the division does not take place till the avoidance of the survivor of them. Por- tions of glebe-lands and tithes may be given up under the scheme. Pc7'-ients and their scale is a matter of special arrange- SEPTUAGESIMA— SEEMONIUM. ment. The new church becomes an independent and distinct benefice and district, a separate parish for all ecclesiastical pur- poses, immediately on the order in council being gazetted, if the incumbents of the several parishes are affected, if not, then upon the vacation of their benefices. Patronage under the scheme is a matter of special arrangement. [See i & 2 Yict. cap. ic6, sec. 26 ; and 2 & 3 Yict. cap. 49, sees. 6, 7, & 8.] SEPTUAGESIMA. The third Sunday before Quadragesima Sunday in Lent. It is called Septuagesima, because it is about the seventieth day before Easter, as Sexagesima and Quinqua- gesima are thus denominated from their being, the one about sixty, and the other about fifty days before the same feast, which are all of them days appropriated by the Church to acts of penance and mortification, preparatory to the devotion of Lent. From Septuagesima Sunday until the octaves after Easter, the solemnising of marriage is forbidden by the canon law, and the laws of King Canute ordained a vacancy from judicature from Septuagesima to Quindena Paschse. [See T, L. D. ; B. D. D, H. T. ; and 3 Edw. L cap. 51.] SEQUENCES. Certain rhythms anciently chanted on parti- cular festivals after the gradual. — Diredorium Anglicanum. SEQUESTRATION is used for the act of gathering the fruits of a benefice void to the use of the next incumbent. In the time of the civil wars sequestration was used for a seizing of the estates of delinquents for the use of the commonwealth. A sequestration is also a kind of execution for debt, especially in the case of a beneficed clerk, of the profits of the benefice, to be paid over to him that has the judgment, till the debt is satisfied.—^. G. a and B. L. D. [See P. E. L.; 0. L. C. C; 57 Geo. III. cap. 99, sec. 26; and i & 2 Yict. cap. 106, sees. 110 & 112.] SEQUESTRO HABENDO. A writ judicial for the dis- charging a sequestration of the profits of a church benefice granted by the bishop at the king's command, thereby to compel the parson to appear at the suit of another. Upon his appear- ance, the parson may have this writ for the release of the seques- tration. — T. L. D, SERMONIUM was an interlude or historical play, acted by the inferior orders of the clergy, assisted by youths, in the body of the church, suitable to the solemnity of some high pro- cession day ; and before the improvements of the stage, these ruder sorts of performances were even a part of the unreformed religion. — T. L, D. 422 SEVEEANCE-SEXTOK SEVERANCE OF PORTION OF CHURCHYARD. In the case of Harper v. Forbes, the churchwardens, with the sanction of the vicar and rural dean and the bishop of the diocese, per- mitted a portion of the churchyard to be severed and formed into a part of the public road. Dr. Lushington, as judge, said he had no power to sanction the act, and expressed a strong opinion that, notwithstanding those consents and authorities, he was bound to order the ground to be restored to its former condition. SEXTON. A church officer, thus called by corruption of the Latin sacrida or Saxon segerstane, which denotes the same. His office is to take care of the vessels, vestments, &c., belong- ing to the church, and to attend the minister, churchwardens, &c., at church. He is usually chosen by the parson only. He is a person so far regarded by the common law as one who has a freehold in his office, and therefore, though he may be punished, yet he cannot be deprived by ecclesiastical censures. The office of sexton of the Pope's chapel is appropriated to the order of the hermits of St. Augustin. He is generally a bishop, though sometimes the Pope only gives a bishopric, m partihus, to him he confers the post on. He takes the title of prefect of the Pope's sacristy, has the keeping of the vessels of gold and silver, the relics, &c. When the Pope says mass, the sexton always tastes the bread and wine first. If it be in private he says mass, his Holiness, of two wafers, gives him one to eat ; and if in public, the cardinal who assists the Pope in quality of deacon, of three wafers gives him two to eat. When the Pope dies, he administers to him the sacraments of extreme unction, &c., and enters the conclave in quality of first conclavist. — E, C. C. and B. L. D. [See P. E. L. ; and 59 Geo. III. cap. 134, sec. 10.] SEXTON, RIGHT OF, in the consecrated portion of ceme- teries, to dig tJie graves and toll the hell for deceased parishioners. In the case of the burial board of the parish of St. Margaret, Rochester v. Thompson, it was decided that the sexton has a right, against the consent of the burial board, to enter and dig the graves in the consecrated ground for the burial of deceased parishioners, and to toll the bell in the consecrated chapel of the burial ground at such burial, such tolling of the bell being part of the burial rite of the Church of England, and the digging of the graves and the tolling of the bell being duties which the sexton is bound to perform in the parish churchyard. — P. C. (r., P- 155. SHRINE— SIGNIFICAVIT. 423 SHEINE. A repository for relics, whether fixed, such as a tomb, or movable. The term is also sometimes applied to the tomb of a person not canonised. Shrines were often made of the most splendid and costly materials, and enriched with jewellery in profusion. — ^S'. E, D. SHRIVE. To confess sin. The word is now obsolete, but was formerly used for confession to a priest, though not always so restricted. From this word is derived the name of Shrove- tide (the time immediately before Lent), and Slirove-Tuesday, times of general confession in the Eomish Church. — S, E, D. SHROVE-SUNDAY. Quinquagesima. SHROVE-TIDE. The period immediately before Lent. [See Shrive.] SHROVE-TUESDAY. The day before Ash- Wednesday, so called in the Church of England **from the old Saxon word shrive, shrift, or shrove, which in that language signifies to con- fess ; it being a constant custom among the Eoman Catholics to confess their sins on that day, in order to receive the Blessed Sacrament (of the Eucharist), and thereby qualify themselves for a more religious observance of the holy time of Lent imme- diately ensuing." — S. E. D. SICK, DEATH OF THE. By Canon 67, when any one is passing out of this life, a bell shall be tolled, and the minister shall not then slack to do his last duty ; and after the party's death (if it so fall out), there shall be rung no more but one short peal, and one other before the burial, and one after the burial. This tolling of the bell seems to have been originally founded on the doctrine of masses satisfactory, or prayers for the dead, that every person, upon hearing of the bell, should apply himself to prayer for the soul of the person departing or departed out of this life. And the alms usually given at funerals seems to have been intended for the like purpose. — B, E, L, SIDESMEN, or, more properly, synodsmen, are church ofiicers anciently appointed to assist the churchwardens in making pre- sentments of ecclesiastical ofi'ences at the bishop's synod or visitation. By Canon 90 they are to be chosen yearly in Easter- Week by the minister and parishioners, if they can agree, other- v/ise to be appointed by the ordinary of the diocese. But for the most part this whole office is now devolved upon the church- wardens.—^. L. D. [See F. C. G, ; and 5 & 6 Will. lY. cap. 8.] SIGNIFICAVIT is a writ issuing out of chancery, upon a certificate given by the ordinary of a person's standing excom- 424 SILENTIUM INDICERE— SIMONY. municate by the space of forty days, for the imprisoning him till he submit himself to the authority of the Church. And it was so called because significavit is an emphatical word in the writ. — B, L. D, [See P. E. L., p. 1402 ; and 54 Geo. III. cap. 68.] Significavit. — Form of writ of, party being contumacious and in contempt. — " To her Most Excellent Majesty and our Sovereign Lady Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, , by Divine Providence [or permission, as the case may be], health in Him by whom kings and princes rule and govern, we hereby notify and signify unto your Majesty, that one , in the county of , hath been duly pronounced guilty of manifest contumacy and contempt of the law and jurisdiction ecclesiastical, in not [as the case may be] appearing before [here set out the style of the ecclesiastical judge or his representative], or in not obeying the lawful commands [here set out the commands], of [such judge or representative], or in having committed a contempt in the face of the court of [such judge or representative], law- fully authorised by [here set out the nature and manner of such contempt], on a day and hour now long past, in a certain cause of [here set out the nature of the cause, and the names of the parties to the same], we there- fore humbly implore and entreat your said Most Excellent Majesty would vouchsafe to command the body of the said , to be taken and imprisoned for such contumacy and contempt. " Given under the seal of our courts, tlie day of , "A. B., registrar [or deputy registrar, as the case may be]." SILENTIUM INDICERE. Anciently a term denoting the custom of bidding the people fall to their private devotions. [See Bingham.] SIMONY, SIMONIA. (This word is borrowed from Simon Magus, who is mentioned in the Acts of the Apostles as offering to buy the power of working miracles with money.) The crime of trafficking with sacred things, particularly of purchasing a benefice with money. By the English canons, a.d. 1229, simony is not only com- mitted by an agreement for money in hand, or to be paid yearly, but by any other profit or emolument ; any reward, gift, or benefit, directly or indirectly, or by reason of any promise, grant, bond, &c., and this either in the acceptance of a living or in an exchange or resignation. The penalty by our laws is, that the corrupt patron shall forfeit the next presentation to the, king, and two years' vahie of the living ; and the corrupt incum- bent be for ever disabled to hold the living. Simony is also committed by buying or selling the sacrament, baptism, ordination, or absolution ; as well as by the nomination and collation to a benefice, a place in a monastery, or the like. Some have pretended it to be sufficient to avoid the charge SINE ASSENSU CAPITULI— SINECURES. 425 of simony, if only the ordination were gratuitous, though the revenues were bought and sold as a temporal thing. But the canons of several councils have condemned this subtle distinc- tion, since the revenues are attached to an ecclesiastical office purely spiritual. Casuists distinguish three kinds of simony, viz. : — Mental simony is that which sticks in the mere will and inclination, without ever breaking forth into act ; as when a present is made to a collator without taking any notice that we expect a benefice from him. Conventional simony is where there is an express act and a formal bargain, though it never come to an execution. Real simony is where the convention is executed on both sides, which last is the most criminal of all. The canonical penalty of simony is deposition in a clerk, and excommunication in a layman. It is a maxim among the Romish canonists that there is no simony in the Court of Rome attached to the Pope. He acts there as an absolute sovereign. It is also said that resigna- tions in favor em are not to be admitted but by the Pope, as favouring a little of simony. On these occasions, however, the parties swear that there has been no deceit, collusion, simony, or other illegal covenant. Three kinds of simony are mentioned : that of money, that of the tongue, and that of services. Simony of money is where money is really paid down for a benefice, and the same is like- wise committed by expending money to live at court to obtain a benefice. Simony of the tongue consists in flattering the collator, or making one's self agreeable by complaisance and commendation. Simony of services consists in the doing the patron good offices to obtain a benefice. — E, C, (7. [See C. L. O. C; P. E, L,; B. D, D. H. T,; i Will, and Mary, cap. 16; and 12 Anne, stat. i, cap. 12.] SINE ASSENSU CAPITULI. A writ where a bishop, dean, prebendary, or master of an hospital aliened the lands holden in right of his bishopric, deanery, house, &c., without the assent of the chapter or fraternity, in which case his successor should have this writ.— 7^. L. D, SINECURES are ecclesiastical benefices without cure of souls. No church where there is but one incumbent can properly be a sinecure ; and though the church being down, or the parish being become destitute of parishioners, the incumbent may be thereby necessarily acquitted from the actual performance of public duty, yet he is still under an obligation to do it whenever a church 426 SION COLLEGE— SOLEMN LEAGUE. shall be built and there are a competent number of inhabitants ; and in the meanwhile, if the church be presentative, as most such churchos are, the incumbent is instituted into the cure of souls. Such benefices are rather depopulations than sinecures, and it will be proper for the new incumbent to read the Thirty- Nine Articles and the liturgy in the churchyard, &c., and to do what other incumbents usually do. But a rectory, or portion of it, may properly be a sinecure, if there be a vicar under him endowed and charged with the cure ; in which case it does not come within the Statute of Pluralities. Here, therefore, no dispensation is necessary to hold the sine- cure with a former living, nor need the incumbent read the articles or divine service, which extends only to a benefice with cure. A sinecure donative wants no institution and induction, but one presentative must have both, especially if it consist in glebe and tithes, and not in a portion of money. — E, C. C. [See P. E. L. ; 13 Eliz. cap. 12; 21 Hen. YIIL cap. 1 3 ; 6 & 7 Will. lY. cap. 67 ; i Yict. cap. 71 ; 2 & 3 Yict. cap. 9 ; 3 & 4 Yict. cap. 113, sees. 48, 54, 55, & 71 ; and 4 & 5 Yict. cap. 39, sec. 17. SION COLLEGE, or the college of the London clergy, which has been a religious house time out of mind, sometimes under the denomination of a priory, sometimes under that of a spital or hospital. At its dissolution under 31 Henry YIIL it was called Elsyn's Spital, from the name of its founder, a mercer, in 1329. At present it is a composition of both, viz., a college for the clergy of London, who were incorporated in 1631, at the request of Dr. White, under the name of the President and Eellows of Sion College, and an hospital for ten poor men and as many women. — E, C. C. SI QUIS. In the Church of England this is the designation of a certificate of publication, required to be made in a parish church, of the intention of a person residing in that parish to enter into holy orders. It is so called from the expression, " If any person," of which " Si quis " is the Latin, occurring in the form a.iopted. — S. E. D. [See L. J. /).] SIX ARTICLES, STATUTE OF THE. An act passed in the reign of Henry YIIL, by which all those who refused to con- form to six articles on certain Church tenets and offices w^ere to be punished as heretics. [See 31 Hen. YIIL cap. 14.] SOLEMN LEAGUE AND COVENANT. A league formed by Pym in 1643 ^^^^ purpose of uniting England and Scotland SOULSCOT— SPOLIATION. 427 in peace and unity, and for securing uniformity of worship, &c., in the English and Scotch Churches. SOXJLSCOT {symholum animce), in the laws of King Canute, was used for a mortuary. A payment, originally voluntary, given to the priest, supposed for the benefit of the soul of the deceased. — B, L. D. [See L. J. Z).] SOUND-BOARD or SOUNDING-BOARD. A board or struc- ture, with a flat surface, suspended over a pulpit to prevent the sound of the preacher's voice from ascending, and thus propa- gating it further in a horizontal direction. — S. E. D. SPIRITUAL CORPORATIONS are where the members thereof are entirely spiritual persons, as bishops, archdeacons, parsons, and vicars, which are sole corporations ; so deans and chapters, as formerly abbot and convent, are bodies aggregate. —B, L. D. SPIRITUAL DUTIES, APPORTIONMENT OF. Under the provisions of 2 & 3 Victoria, cap. 30, intituled " An act for apportioning the spiritual service of parishes in w^hich two or more spiritual persons have cure of souls generally throughout the parish," the bishop of the diocese may order an apportionment of spiritual duties if no sufficient cause is shown to the contrary. SPIRITUALITIES, GUARDIAN OF, is the archbishop during the vacancy of a bishopric ; and when the archbishopric is vacant, the dean and chapter of his diocese are guardians of the spiritualities, who exercise all ecclesiastical jurisdiction during the vacancy. [See P. E. Z., p. 77.] SPOLIATION (spoUatio). A writ or suit for the fruits of a church, or the church itself, which was to be sued in the spiritual court, and not in the temporal, that lay for one incumbent against another, where they both were claimed by one patron, and the right of patronage did not come in question. As if a parson be created a bishop, and had dispensation to hold his bene- fice, and afterwards the patron presented another incumbent, who was instituted and inducted; the bishop might have a spoliation in the spiritual court against the new incumbent, because they both claimed by one patron, and the right of patronage did not come in debate ; and for that the other incumbent came to the possession of the benefice by the course of the spiritual law, viz., by institution and induction; for otherwise, if he was not instituted and inducted, a spoliation lay not against him, but writ of trespass or assize of novel dis- seisin. So it was where a parson that had a plurality accepted another benefice, by reason w^hereof the patron presented 428 SPONSOES— STAR CHAMBER. another clerk, who was instituted and inducted ; in this case one of them might have spoliation against the other, and then came the question whether he had a sufficient plurality or not ; and it was the same of deprivation, &c. — T, L, D, [See also P. E. L., p. 515.] SPONSORS. In the administration of infant baptism these have, from time immemorial, held a distinguished and important place. Various titles have been given them significative of the position they hold and the duties to which they are pledged. Thus they are called sponsors, because in infant baptism they respond or answer for the baptized. They are sureties, in virtue of the security given through them to the Church that the bap- tized shall be ^Wirtuously brought up to lead a godly and a Christian life.'' And from the spiritual affinity here created, by which a responsibility almost parental is undertaken by the sureties in the future training of the baptized, the terms god- father and godmother have taken their rise. Godparents (formerly gossips, God-sips, or God-relations) are probably coeval with the practice of baptizing, not only the infant children of Christians, but foundlings rejected by their heathen parents. They are mentioned by Tertullian. — S. E. D. STALLS. In a cathedral or collegiate church, and often in parish churches, certain seats constructed for the clergy and other members of the church, and intended for their exclusive use. These stalls are placed in the choir, or the part in w^hich divine service is usually performed. In ancient times all members of the cathedral, including lay clerks or vicars, had their stalls, though the inferior members had not always fixed stalls appropriated to each individual. Unless when the community was very small, there was an upper and lower range of stalls, the upper appropriated to the canons or prebendaries (and sometimes the priest vicars or minor canons), the lower to the other members. The designations of the respective dignitaries and canons were written on their stalls. The destruction of the ancient stalls, as at Canterbury, and of the lower range of stalls, as in many places, is a barbarism much to be lamented. The same w^ord is also used to signify any benefice which gives the person holding it a seat or stall, w^ith the chapter, in a cathedral or collegiate church. — H. C. D. STAR CHAMBER {camera stellata) is said to have been so called from the roof of the chamber where the court was holden having been anciently garnished with gilded stars. It was a court of very ancient origin, but new modelled afterwards by STATE CONTROL IN EELIGIOUS MATTERS. 429 divers statutes. It consisted of several of the lords spiritual and temporal, being privy councillors, together with two judges of the courts of common law, without the intervention of any jury. Their legal jurisdiction extended over riots, perjury, misbehaviour of public officers, and other notorious misde- meanours. But afterwards they stretched their power beyond the utmost bounds of legality, vindicating all the encroachments of the crown, in granting monopolies, in issuing proclamations which should have the force of laws, in punishing small offences, or no offences at all, but of their own creating, by exorbitant fines, imprisonment, and corporal severities ; until at last this court became so odious that it was finally abolished by stat. 16 Charles I. cap. 10, sec. 3. — B. L. D. [See 3 Hen. YII. cap. i, sec. i.] STATE CONTROL IN RELIGIOUS MATTERS ; liheration therefrom an impossibility. So long as a number of persons, binding themselves together in the bonds of a religious society, are content to remain as such without possessing any kind of property vested in trustees for the carrying out of a given object, so long are they free from State control, and may modify or alter the rules and regulations which bind them together at pleasure without any fear of the interference or control of the State through its parliament or law courts whatsoever; but the moment they possess property and put it in trust for a given object, then, from that moment they, as a society, how- ever great or small, important or unimportant, are brought under State control, from which they can by no possibility escape. People who talk of liberating religion from State control, and who imagine that the Church of England is alone subject to it, and that all Nonconformist bodies are altogether free from it, can but little understand the subject about which they think and speak. The following article on this subject, from the " Pall Mall Gazette," is taken from the columns of the Guardian" of January 13, i88i : — A non-established Church is, in the eye of the law, a voluntary association for religious purposes founded upon contract between its members. The religious doctrines, purposes, and discipline of such a body may be as various as the number of religious sects which divide the world. With theological dogma as such, with its truth or its falsehood, judges have no concern. They * care for none of these things,' and our tribunals look with an indifference which Gallio himself could not surpass on the creeds, and w^ith equity on the rights of all the thousand non-established Churches. The contract, again, which in the eye of the law lies 430 STATE CONTROL IN RELIGIOUS MATTERS. at the "basis of each religious association may be of the most different kinds. It may be a general tacit agreement to adhere to the doctrines of some well-known body, as, for example, the Greek Church. It may be a definite hard-and-fast contract drawn out with all the minuteness which sectarian conscientious- ness suggests, and expressed with all the precision which the art of a practised conveyancer supplies. The agreement, again, on which the Church rests may not only define the objects of its existence, but may provide the association with a legislative body empowered to change or modify within definite or within indefinite limits the doctrines of the society. Lastly, the contract, or, to borrow a term from commercial law, the articles of association, may provide a court with power finally to adjudi- cate upon all questions arising from time to time either between the individual members of the body or between the members and the association. To this must be added that a Church must from the necessity of things become in fact, if not in name, the possessor of property. The humblest sect cannot dispense with a chapel, or with contributions for the support of minister, and the like. Under English law such property is held in the hands of trustees for the objects of the association. " This, then, is in bare outline the legal situation of a non- established Church. There exists from a legal aspect a marked likeness between the position of a Church and of a club. The Athenaeum or the Reform is a voluntary association founded upon contract between its members. The contract may, as in the case of a Church, be anything whatever within certain — almost infinitely wide — limits which the members choose to make it ; the terms of the agreement may be either implied or expressed ; they may or may not provide a club legislature capable of altering the rules of the club ; they may or may not provide a committee, or club court, which, with or without the right of appeal, may settle disputes between the members, or between the members and the club, and may finally enforce its mandates by the only sanction ultimately in command of a voluntary society — expulsion from the body and loss of the benefits of the club. Point by point a club will be found to stand legally in a situation so like the situation of a non- established Church, that the law of clubs and the law of Churches each throw light upon the other. . . . The one principle which in all its different developments governs the action of English courts is summed up in the maxim pactum serva. Church, chapel, company, partnership, or club, whatever be the name STATE CONTROL IX EELIGIOUS MATTERS. 431 by which an association is called, the courts in effect say to it, * Make what contract you please ; but when the agreement is made we will see that, as regards matters which the law can touch — civil rights, claims to property, and the like — it is kept/ " Since a non-established Church can make its own contract of association, can provide itself with a legislature as well as with what may be termed courts, the idea suggests itself that such a body may altogether avoid the interference of the ordinary tri- bunals, and every effort to give effect to this notion has been made both in England and elsewhere, not only by Churches, but in many cases by judges. Yet the idea, plausible as it seems, has always turned out, and always will turn out, delu- sive. A Church, however high its objects, however sacred its character, must come within reach of the courts — first, because the association rests on contract or agreement; secondly, because the association possesses or makes use of property. Wberever there is an agreement there is liability to disagreement, and where disagreement affecting the rights and position of citizens occurs the final intervention of the courts is unavoidable. Let the matter, it will be said, be referred to the final decision of a synod. So be it. But the courts must decide whether this reference was part of the agreement, and whether the reference was fairly carried out according to the rules of the association. Wherever, again, property exists, disputes may arise on the vital question, who is its owner 1 By no device can such an inquiry be kept out of the hands of tlie courts. Money is given or left to a Presbyterian congregation. In course of time the congregation become, or are alleged to have become. Unitarians. Are they, or are they not, to enjoy property intended to be devoted to Presbyterian uses 1 IS'o power but that of the law can solve such a problem ; but the moment its solution is brought before the courts the judges are compelled to deal with the theological inquiry, what are the essential doctrines of a Presbyterian Church? But lay courts at any rate can, it is thought, be kept by the arrangements of a non-established Church from dealing with the creeds, or at least the religious ordinances of the body. Even this much can hardly be attained in practice. The courts, in the honest endeavour to see that property is applied to the uses to which it was dedicated by a testator or a donor, have been compelled again and again to deal with problems far more strictly theological than those which of recent years have occupied Lord Penzance. Whether Presby- terianism is compatible with Arianism, whether Calvinists who 432 STATUTE OF MOETMAIN— STOLE. founded Calvinistic Churches and yet expressed belief in free inquiry contemplated the possibility that freedom of thought might undermine Calvinistic doctrine, whether the Particular Baptists did or did not hold that none but converted persons should be admitted to the Lord's Supper, what are the limits within which a Church, formed to promote one body of doctrine, may change its views and yet remain the same Church, are in- quiries which have occupied and perplexed the sagacity of courts at least as much as they have tormented the consciences of believers. Nor can it confidently be asserted that the mini- ster of a non-established Church may not, though supported by his congregation, find himself committed to prison for breach of ritual or error of doctrine. The minority of ... a congrega- tion allege that the majority are using their chapel and its funds for purposes inconsistent with their original object. They appeal to the Court of Chancery ; the judge holds the complainants to be right, and inhibits the minister and his followers from using the chapel in the mode complained of. The minister persists in disobeying the court. No one can doubt that for such disobedience he will soon find himself placed in Her Majesty's prison, notwithstanding his having boasted throughout his whole former life that as a IsToncon- formist minister he was free from State control." [See pp. 8i to 91 of "The Englishman's Brief on Behalf of his National Church," published by the Society for Promoting Christian Knowledge ; also the case of Jones v, Stannard, Times, February 2, 1881.] STATUTE OF MORTMAIN. A statute passed in the reign of Edward L, by which lands or tenements were forbidden to be made over to religious corporations without the king's permission, under pain of forfeiture to the crown. [See 7 Edw. 1. stat. 2.] ST. STEPHEN'S DAY. The day on which the Church commemorates the martyrdom of St. Stephen. STIPENDIARY PRIESTS. Formerly stipendiary priests were appointed to officiate at trentals, anniversaries, obits, and suchlike, grounded on the doctrine of purgatory and masses satisfactory ; and for these, charities were founded and endowed to pray for the souls of the founder and his friends. These charities w^ere dissolved by i Edward YI. cap. 14. — T, L. D. [See Curates." STOLE, STOLA. A sacerdotal ornament worn by parish priests over the surplice, as a mark of superioritv in their respective churches. The stole is w^orn by other priests over STOOL OF PENAISTCE— SUBSIDIES. 433 the alb at celebrating of mass, and by deacons over the left shoulder, scarf-wise. The stola is a broad swath, or slip of cloth or stuff, hanging from the neck to the feet, with three crosses thereon. The bishops anciently pretended that the parish priests were never to appear before them but in their stoles. In Elanders and Italy they always preach in stoles. It is supposed to be a representation of the borders of the long robe worn by the Jewish high priests. The stola of the ancient Komans, &c., was very different from that now in use : the former was a kind of robe more suitable for women than men, though it was held a robe of honour among all nations. Kings themselves some- times used it, and sometimes bestowed it as a reward of virtue. —E. a a In the Latin Church the deacon wore it over the left shoulder and joined under the right arm ; but in the Greek Church, with its two extremities, one in front and the other hanging down his back. — >S'. E. D. STOOL OF PENANCE. Anciently a movable wooden stool on which certain offenders were condemned to stand before the whole congregation during service, arrayed in a white sheet, with a taper held in the hand, and a statement of the crime for which penance was thus being done fastened on the breast. — S. E. D, SUBSIDIES. Subsidies in respect of the charter of the Church's rights and liberties, 9 Henry III. cap. i. Magna Charta, and in respect of the charter of the forest, 9 Henry III. cap. 37, were granted to the king by the bishops and clergy. The w^ords of the statute are : " And for this our gift and grant of these liberties, and of other contained in our charter of liberties of our forest, the archbishops, bishops, abbots, priors, earls, barons, knights, freeholders, and other our subjects, have given unto us the fifteenth part of all movables." By 32 Henry YIII. cap. 23, a subsidy of four shillings in the pound, granted to the king by the clergy of the province of Can- terbury, was confirmed, and provisions were made for subsidies by the clergy of the province of York. The eighth of Eliza- beth, cap. 17, confirmed a subsidy of four shillings in the pound, granted to the queen by the clergy, to be paid in three years. 18 Elizabeth, cap. 32, confirmed a subsidy of six shillings in the pound to be paid to the queen by the clergy, payable in three years. 23 Elizabeth, cap. 14, confirmed another sub- sidy of six shillings and eightpence in the pound, granted to 2 E 434 SUB-ABBOT AND SUB-PRIOR— SUFFRAGAN. the queen by the clergy, payable in three years. 29 Elizabeth, cap, 7, confirmed a subsidy of six shillings in the pound, granted to the queen by the clergy, to be paid in three years. 31 Elizabeth, cap. 14, confirmed two subsidies of six shillings in the pound, granted to the queen by the clergy, to be paid yearly by two shillings in the pound. 35 Elizabeth, cap. 12, confirmed two subsidies of four shillings in the pound, granted to the queen by the clergy, and payable in two years. 39 Eliza- beth, cap. 26, confirmed three subsidies of four shillings in the pound, granted to the queen by the clergy, to be paid on six several days. 43 Elizabeth, cap. 17, confirmed four subsidies of four shillings in the pound, granted to the queen by the clergy. 3 James 1. cap. 25, confirmed four subsidies of four shillings in the pound, granted to the king by the clergy. Various subsidies granted to the king by the clergy were con- firmed by 18 James I. cap. i ; 21 James I. cap. 33 ; i Charles L cap. 5 ; 3 Charles I. cap. 6 ; and 15 Charles 11. cap. 10. SUB- ABBOT AND SUB-PRIOR. Next under the abbot in every abbey was the prior, who in the abbot's absence had the chief care of the house, and under him was the sub-prior, and in great abbeys the third, fourth, and even fifth prior, who had their respective shares in the government of the house, and were removable at the will of the abbot, as all the other ohedientiarii or officers were. Also in every priory, next under the prior, was the sub- prior, who assisted the prior whilst present, and acted in his stead when absent. — B, E. L, SUBDEACON. An ancient officer in the Church, instituted by the delivery of an empty platter and cup by the bishop, and of a pitcher, basin, and towel by the archdeacon. His office was to wait on the deacon with the linen on which the bread, &c., was consecrated, and to receive and carry away the plate with the off'erings at sacraments, the cup with the wine and water in it, &c. He is often mentioned by the monkish histo- rians, and particularly in the apostolical canons. — T. L. D. [See also P. E. L.] SUBDEAN. I. The dean's vicar at Westminster. 2. The vice-dean in cathedrals of the old foundation. 3. At Lincoln, York, and Salisbury, the subdean is a minor dignitary.— S. E, D. SUFFRAGAN (suffraganeus, cliorepiscopus, episcopi vicarius). A titular bishop ordained to aid and assist the bishop of the diocese in his spiritual function, or one who supplies the place instead of the bishop, by whose suff'rage ecclesiastical causes or SUGGESTION— SUNDAY. 435 matters committed to him are to be adjudged, acted, or deter- mined. Some writers call these suffragans by the name of sub- sidiary bishops, whose number is limited by a statute of Henry VIII., by which it was enacted that it should be lawful for every bishop at his pleasure to elect two honest and discreet spiritual persons within his diocese, and to present them to the king, that he might give to one of them such title, style, and dignity of such of the sees in the said statute mentioned as he should think fit, and that every such person should be called bishop-suffragan of the same see, &c. This act sets forth at large for what places such suffragans were to be nominated by the king ; and if any one exercise the jurisdiction of a suffragan without the appointment of the bishop of the diocese, &c., he shall be guilty of a praemunire. — T, L. D, [See 26 Hen. YIII. cap. 14.] Within the last few years, under the provisions of the above- quoted statute, bishops-suffragan have been appointed in the following dioceses : — The Bishop-suffragan of Dover for the archdiocese of Canterbury, the Bishop-suffragan of Bedford for the diocese of London, the Bishop- suffragan of Guildford for the diocese of Winchester, and the Bishop-suffragan of Notting- ham for the diocese of Lincoln. [See P. E. L,; G. L, C, (7., p. 83 ; and B. D. D. H, T.] SUGGESTION is a surmise of a thing ; and by Magna Charta no person shall be put to his law on the suggestion of another, but by lawful witnesses. [See 9 Hen. III. cap. 28.] Suggestions are grounds to move for prohibitions to suits in the spiritual courts, where they meddle with matters out of their jurisdiction. Though matters of record ought not to be stayed on the bare suggestion of the party, there ought to be an affidavit made of the matter suggested, to induce the court to grant a rule for staying the proceedings. — B. L, D, SUNDAY (dies Dominicus), The Lord's Day ; set apart for the service of God, to be kept religiously, and not be profaned. Profanation of the Lord^s Day, vulgarly (but improperly) called Sabbath-breaking, is classed by Blackstone amongst offences against God and religion, punished by the laws of Eng- land ; for, besides the notorious indecency and scandal of permitting any secular business to be publicly transacted on that day, in a country professing Christianity, and the corrup- tion of morals which usually follows its profanation, the keeping one day in seven holy, as a time of relaxation and refreshment, as well as for public worship, is of admirable service to a state, 436 SUNDAY OBSEEYANCE— SUPEKSTITIOUS. considered merely as a civil institution. The laws of King Athelstan forbade all merchandising on the Lord's Day, under very severe penalties. And by a statute of Henry YI. no fair or market was to be held on the principal festivals, Good Friday, or any Sunday (except the four Sundays in harvest), on pain of forfeiting the goods exposed to sale. By a statute passed in the reign of Charles 1. persons were not to assemble out of their own parishes for any sport whatsoever upon this day, nor in their parishes use any bull or bear-baiting, interludes, plays, or other unlawful exercises or pastimes, on pain that every offender paid 3s. 4d. to the poor. This statute did not prohibit, but rather impliedly allowed, any innocent recreation or amusement, within their respective parishes, even on the Lord's Day, after divine service was over. [See P. ^. Z., p. 1033 ; 27 Hen. YL cap. 5 ; 12 Eich. IL cap. 6; 28 Edw. IIL cap. 14; 11 Hen. TV. cap. 4 ; 4 Edw. TV. cap. 7 ; 14 & 15 Hen. YIII. cap. 9 ; 5 Eliz. cap. 8; 2 Jas. L cap. 22, sec. 58 ; i Chas. L cap. i ; 3 Chas. I. cap. 2 ; and 29 Chas. IL cap. 7.] SUNDAY OBSERVANCE ACT. By 34 & 35 Yictoria, cap. 87, 1871, it is provided that no proceedings shall be taken with respect to offences against 29 Charles IL cap. 7, inti- tuled " An act for the better observance of the Lord's Day, commonly called Sunday," unless the consent in writing of the chief officer of police of the police district in which the offence is committed, or of two justices of the peace, or a stipendiary magistrate having jurisdiction in the place where the offeniie is committed, be obtained. The statute of Yictoria was to con- tinue in force to the ist day of December 1872, but it is annually renewed under the provisions of the Expiring Laws Continuance Acts. [See P. C. G., p. 373.] SUPER-ALTAR, i. A portable altar-stone placed above the altar and let into a wooden altar-frame. Such was the general construction of Anglican altars in the 13th and 14th centuries. 2. The modern use of the term is sometimes applied to the shelf or re table behind or upon the altar. — S. E. D. SUPER-FRONTAL. The cloth which is placed over and covers the slab of an altar and hangs down in front. — ^S'. E. D. SUPER-INSTITUTION {siq^er-iiistitutio). One institution upon another ; as where A. B. is admitted and instituted to a benefice upon one title, and C. D. is admitted and instituted on the title or presentation of another. — T. L, D, [See P. E. L.^ p. 476.] SUPERSTITIOUS USES. A devise of lands or goods to SUPPEESSION— SUPEEMACY. 43 7 superstitions uses is where it is to find or maintain a chaplain or priest to pray for the souls of the dead, or a lamp in a chapel, a stipendiary priest, &c. These and suchlike are declared to be superstitious uses, and the lands and goods so devised are for- feited to the king by i Edward YI. cap. 14. — T, L, D. [See also 23 Hen. YIII. cap. 10.] SUPPRESSION OF MONASTERIES. By an act of par- liament passed in the reign of Henry VIII. all monasteries were suppressed whose revenues were less than £200 per annum. [See title Monasteries; and 27 Hen. VIII. cap. 28.] SUPREMACY. By royal supremacy it is not meant that the sovereign of England claims to be supreme in all religious matters, as against the Church of England, but as against the usur- pation, supremacy, and interference of any foreign bishop or potentate in matters civil or ecclesiastical within the realm of England. The very terms in which the claims to the royal supremacy of the sovereign are set forth in the statutes, canons, articles, and injunctions show clearly that such claim was made, not against the Church of England as such, but against the usurpation of any foreign jurisdiction in civil, spiritual, and ecclesiastical matters, and particularly against the so-long-usurped supremacy of the Pope of Eome. The sovereign of England claims to be supreme in all causes and over all persons, as well ecclesiastical as civil. Queen Elizabeth, in her injunctions, 1559, explains this as meaning that the sovereign of England, under God, has the sovereignty and rule over all persons within her realms and dominions, of what estate, either ecclesiastical or temporal, soever they be, so as no other foreign power shall or ought to have any superiority over them. The words of the thirty-seventh article are clear and explicit enough — to all who will rightly understand them, and who do not deliberately pervert their meaning — in excluding from the claims of royal supremacy any arbitrary interference with the inherent prerogatives of the Church as a spiritual body, or with the offices of the Chris- tian ministry. Nonconforming bodies, with respect to their buildings, trust-deeds, doctrines taught, public worship, and other religious services, are equally under the Queen's supremacy as is the Church of England ; although, if that supremacy had to be enforced upon them, it would not be in the same law courts. [See Englishman's Brief on Behalf of his National Church," published by the Society for Promoting Christian Knowledge ; and see also P. i. ; B, D, D, H, T. ; 25 Hen. 438 SUPEEME GO VEKNOK— SURROGATE, YIIL cap. 19 ; 26 Hen. YIII. cap. i ; 28 Hen. YIIL cap. 7, sec. 21 ; 28 Hen. YIII. cap. 10 ; 35 Hen. YIII. cap. i, sees. 9-14 ; 35 Hen. YIIL cap. 3 ; 35 Hen. YIII. cap. 18 ; i Edw. YI. cap. 12, sees. 6 & 7 ; I & 2 Philip and Mary, cap. 8 ; and i Eliz. cap. i.] SUPREME GOVERNOR OF THE CHURCH. A title given to Queen Elizabeth, and adopted by her in preference to the designation — head of the Church. SURCINGLE. The band, girdle, or belt used by clergymen with their cassocks. — >S'. E. D, SURETIES. A title given to sponsors in infant baptism, indicative of the solemn obligation which they assume in assur- ing to the child baptized the benefit of that spiritual instruction required by the Church, preparatory to the ratification of his baptismal vows at confirmation. — S, E. D, SURPLICE. A white linen garment, worn by the clergy and other ministers of the Church in the celebration of divine ser- vices, and also on certain days by members of colleges, whether clerical or lay. By the 25 th canon the use of the surplice is prescribed daily to the dean, masters, heads of collegiate churches, canons, and prebendaries. The short surplice adopted in the Roman Church is a corruption, as Cardinal Bona confesses. He says that " Stephen of Tonmay, who lived a.d. 1180, shows that the sur- plice formerly reached to the feet ; " and so likewise Honorius de Vestihiis Clericorum and that in the course of time it was shortened, as it appears from the Council of Basle, sess. 21, w^hich commanded the clergy to have surplices reaching below the middle of the leg. He adds, that they are now so much shortened as scarcely to reach to the knee. In the present day in the English Church surplices of various lengths are worn. — H. a D. [See P. E, L. and C. L, C, C] SURPLICE DAYS or TIMES. According to the 17th canon, all masters and fellows of colleges or halls, and all the scholars and students in either of the universities, shall, in their churches and chapels, upon all Sundays, holy-days, and their eves, at the time of divine service, wear surplices according to the order of the Church of England, and such as are graduates shall agreeably wear with their surplices such hoods as do seve- rally appertain to them." SURROGATE (surrogatus) is one that is substituted or appointed in the room of another ; as by a bishop, chancellor, judge, &c. [For his duties in granting marriage licences, seo title, Marriage by Licence.] SUSPENSIOI^— SUTHDUEE. 439 By 56 Geo. III. cap. 82, the judicial acts of surrogates of vice-admiralty courts in the colonies, during the death, resigna- tion, or removal of the judges by whom they were appointed, &c., are declared valid. By Canon 128: " ISTo chancellor, commissary, archdeacon, official, or any other person using ecclesiastical jurisdiction, shall substitute in their absence any to keep court for them, unless he be either a grave minister and a graduate, or a licenced public preacher, and a beneficed man near the place where the courts are kept, or a bachelor of law, or a master of arts at least, who hath some skill in the civil and ecclesiastical law, and is a favourer of true religion, and a man of modest and honest conversation, under pain of suspension, for every time that they offend therein, from the execution of their offices for the space of three months toties quoties ; and he likewise that is deputed, being not qualified as is before expressed, and yet shall presume to be a substitute to any judge, and shall keep any court as aforesaid, shall undergo the same censure in manner and form as is before expressed." And by a statute passed in the reign of George II., no surro- gate, deputed by any ecclesiastical judge, who has power to grant licences of marriage, shall grant any siich licence until he has taken an oath before the said judge, faithfully to execute his office according to law, to the best of his knowledge, and has given security by his bond in the sum of £100 to the bishop of the diocese, for the due and faithful execution of his office. [See P, E. L, and 26 Geo. II. cap. 33; 10 Geo. lY. cap. 53, sec. 1333 Geo. lY. cap. 75, sees. 14-22 ; and 4 Geo. lY. cap. 76.] SUSPENSION was an ecclesiastical censure of two sorts — one relating solely to the clergy, the other extending to the laity. That which related solely to the clergy was suspension from office and benefice jointly, or from office or benefice singly, and might be called a temporary degradation or deprivation, or both. The other sort of suspension, which extended also to the laity, was suspension cib ingressu ecdesia^ or from the hearing of divine service and receiving the holy sacrament, which might therefore be called a temporary excommunication. — B. L, D, [See P. E. L. ; C. L. (7. (7. ; 5 & 6 Will. lY. cap. 30 ; 6 & 7 Will lY. cap. 67 ; I Yict. cap. 71 ; i & 2 Yict. cap. 108 ; 2 & 3 Yict. cap. 9 ; and 2 & 3 Yict. cap. 55.] SUTHDURE (Saxon). The south door of a church. It was the place where canonical purgation was performed, that is, if 440 SYNOD— SYJ^ODALES TESTES the fact charged upon a person could not be proved by sufficient evidence, the party accused came to the south door of the church, and there, in the presence of the people, made oath that he was innocent. And plaints, &c., were heard and determined at the suthdure ; for which reason large porches were anciently built at the south doors of churches. — T. L. D. SYNOD. A meeting or assembly of ecclesiastical persons concerning religion, of which there are four kinds : — i. A gene- ral or universal synod or council, where bishops of all nations meet ; 2, A national synod of the clergy of one nation only ; 3, A provincial synod where ecclesiastical persons of a province only assemble ; 4, A diocesan synod of those of one diocese. Our Saxon kings usually called a synod or mixed council, con- sisting of ecclesiastics and the nobility, three times a year, which is said to have been the same with our parliament. — B. L. D. [See T. L, D. ; B. D. D. H. T. ; and 31 Hen. YIII. cap. 14, sees. I & 13.] SYNODALS and SYNODATICUM. Synodals are, in all probability, the same that were anciently called cathedraticum, as paid by the parochial clergy in honour to the episcopal chair, and in token of subjection and obedience thereto. So it stands in the body of the canon law : " Ko bishop shall demand any- thing of the churches but the honour of the cathedraticum, that is, two shillings." And the duty which we call synodals is generally such a small payment, which payment was reserved by the bishop upon settling the revenues of the respective churches upon the incumbents ; whereas, before, those revenues were paid to the bishop, who had a right to part of them for his own use, and a right to apply and distribute the rest to such uses and in such proportions as the laws of the Church directed. — H. C. D. [See P. E. L., p. 949 ; 26 Hen. YIII. cap. 3, sec. 10 ; and 27 Hen. YIII. cap. 28, sec. 3.] SYNODALES TESTES were anciently persons summoned out of every parish to appear at the episcopal synods, and there attest or make presentment of the disorders of the clergy and people. They were in after times a kind of empanelled jury, consisting of two, three, or more persons in every parish, who were upon oath to present all heretics and other irregular per- sons. And these in process of time became standing officers in several places, especially in great cities, and from hence were called synodsmen, and by corruption sidesmen ; they are also sometimes called questmen, from the nature of their office in making inquiry. — B, L, D, [See P. E. Z.] SYNODICiE EPISTOL.^— TAXATIO. 441 SYNODIC^ EPISTOL^. Circular letters wliicli were for- merly written by bishops, testifying their faith immediately after their enthronement. T TABERNACLE WORK. Elaborate carved work in cathe- drals and royal chapels, &c., usually constructed over the stalls of the choir. TABLE OF DEGREES. Ey Canon 99, the table of degrees of marriages prohibited shall be publicly set up in every church at the expense of the parish. [See P. E. L., pp. 726, 727.] TABLES. Tables in the Prayer-Book for the finding of the lesson in Scripture for Sundays and holy-days, &c. ; tables of the festivals and fasts, and for the finding of Easter in any year, &c. TABLE-WISE. An altar placed in the body of the church, with its ends pointing towards the east and west. — S. E. D. TALLIA. Every canon and prebendary in our old cathedral churches had a stated allowance of provisions delivered to him per modum tallia ; and thence their commons in meat and drink were called tallia. — T. L. D. TAXATIO ECCLESIASTICA {Taxatio Norwicensis). The valuation of ecclesiastical benefices made through every diocese in England, on occasion of Pope Innocent lY. granting to King Henry III. the tenth of all spirituals for three years. This taxation was first made by Walter, Bishop of Norwich, dele- gated by the Pope to this office in the thirty-eighth year of the reign of Henry III. This taxation is sometimes called Pope Innocent's Yalor. In the year 1288 Pope Nicholas lY. granted the tenths to King Edward I. for six years, towards defraying the expense of an expedition to the Holy Land ; and that they might be col- lected to their full value, a taxation by the king's precept was begun in that year (1288), and finished as to the province of Canterbury in 1291, and as to that of York in the following year. The taxation of Pope Nicholas is a most important record, because all the taxes, as well to our kings as to the popes, w^ere regulated by it, until the survey made in the twenty-sixth year of Henry YIII. ; and because the statutes of colleges which were founded before the Eeformation are also interpreted by 442 TE DEUM LAUDAMUS— TEMPLAES. this criterion, according to which their benefices under a certain value were exempted from the restriction in 2 1 Henry YIII. cap. 13, concerning pluralities. A new valor heneficiorum was instituted by 26 Henry YIII. cap. 3, when the first-fruits and tenths of every ecclesiastical promotion were annexed to the revenue of the crown. To ascertain their value, ecclesiastical surveys were taken by virtue of commissions in the king's name issuing under the great seal ; and these sur- veys, preserved in the First-Fruits Office, are admitted as evi- dence of the amount at that period, although they are generally considered as estimating the value much too low. These sur- veys were commonly called the king s books, according to which the value of livings is ascertained in case of pluralities. In like manner and upon the same principle surveys of the possessions of religious houses, previous to the dissolution of monasteries, were received in evidence ; and these surveys were held admis- sible, although the commissions under which they were taken are not now to be found. The words of sec. i o of the above act are : — " The chancellor of England . . . shall have power to direct into every diocese in this realm several commissions in the king's name ... as well to the archbishop or bishop of every such diocese, as to such other person or persons as the king's highness shall name and appoint, commanding commis- sioners ... to examine, search, and inquire of and for the true and just, whole and entire yearly values of all manors, lands, tenements, hereditaments, rents, tithes, offerings, emoluments, and all other profits as well spiritual as temporal . . . belonging to any archbishopric, bishopric, archdeaconry, deanery, parson- age, vicarage, &c., &c., &c." — T. L. D. [See 9 Hen. III. cap. 37 ; 26 Hen. YIII. cap. 3 ; 8 Eliz. cap. 17, &c. ; 3 Jas. I. cap. 25 ; and 15 Chas. II. cap. 10 ; and see also Subsidies.] TE DEUM LAUDAMUS. A hymn of praise to be said or sung at morning service. TEMPLARS. The Knights Templars were instituted in the year 1 1 1 8, and were so called from having their first residence in some rooms adjoining to the temple at Jerusalem. Their business was to guard the road for the security of pilgrims in the Holy Land, and their rule that of canons regular of St. Austin. Their habit was white, with a red cross on their left shoulder. Their coming to England was probably early in the reign of King Stephen, and their first seat was in Holborn. They increased very fast, and in a little time obtained very large possessions. But in less than two hundred years their TEMPLAES, DISSOLUTION OP— TENTHS. 443 wealth and power was thought too great ; they were accused of horrid crimes, and thereupon everywhere imprisoned ; their estates were seized ; and their order was suppressed by Pope Clement Y. in a general council at Vienna, in the year 13 12. TisMPLARS, DISSOLUTION OF. The Templars, for the many and great abuses charged upon them, were suppressed as early as the year 13 12. And in the year 1323 their lands, churches, advowsons, and liberties here in England were given by the act of parliament of 17 Edward II., stat. 3, sec. 3, to the prior and brethren of the hospital of St. John of J erusalem. — B. K L. TEMPORALITIES of bishops are such things as palaces, manors, lands, tenements, and other certainties, which are in the custody of the sovereign during vacation. And upon the filling of a void bishopric, not the new bishop, but the sove- reign, by her prerogative, had the temporalities thereof, from the time that the same became void to the time that the new bishop should receive them from the crown. This revenue of the sovereign was anciently very considerable, but now, by custom, it is reduced to nothing ; for at present, as soon as the new bishop is consecrated and confirmed, he usually receives from the sovereign the restitution of his temporalities entire and un- touched, and then, and not sooner, he has a fee simple in his bishopric, and may maintain an action for the profits. — B, L. D, [See P. E. L. ; 17 Edw. 11. stat. i, cap. 14; i Edw. III. stat. 2, cap. 2 ; 14 Edw. III. stat. 4, caps. 3, 4, & 5 ; i Eliz. cap. 19 ; and 2 Jas. I. cap. 3. TENTHS {decimcs). The tenth part of the annual value of every spiritual benefice, according to the valuation in the king's books, being that yearly portion or tribute which all ecclesiastical livings formerly paid to the king. They were anciently claimed by the Pope to be due to him jure divino as high priest, by the example of the high priest among the Jews, who had tenths from the Levites. But they had been often granted to the king by the Pope upon divers occasions, sometimes for one year, and sometimes for more, and were annexed perpetually to the crown by statutes of Henry VIII. and Elizabeth, and at last granted, with the first-fruits, towards the augmentation of the main- tenance of poor clergymen. Collectors of this revenue were to be appointed by the king, by letters patent, instead of the bishops ; and an office kept for management of the same in London or Westminster, &c. — T. L. D. [See 34 & 35 Hen. VIII. cap. 17; 26 Hen. VIII. cap. 3, sees. 9-26 ; 27 Hen. VIIL 444 TERRIER— TESTIMONIAL. cap. 8 ; 32 Hen. YIII. cap. 22, also caps. 45 & 47 ; 2 & 3 Edw. YI. cap. 20 ; 7 Edw. YI. cap. 4 ; 2 & 3 Philip and Mary, cap. 4; 14 Eliz. cap. 7 ; 27 Eliz. cap. 3; 2 & 3 Anne, cap. 11 ; 5 Anne, cap. 24; 3 Geo. 1. cap. 10; 43 Geo. III. cap. 107; and I Yict. cap. 20 ; and see also title First-Fruits.] TERRIER (anciently called terrar ; terrarmm^ catalogus ter- rarum), A land roll or survey of lands, either of a single person or of a town, containing the quantity of acres, tenants' names, and suchlike. In the Exchequer there is a terrier of all the glebe-lands in England, made about the eleventh year of the reign of Edward III. Ecclesiastical terriers, which contain a detail of the temporal possessions of the Church in every parish, are made by virtue of an ecclesiastical canon (87), which directs them to be kept in the bishop's registry, and it is not unusual to deposit a copy in the chest of the parish church. These being made under authority, are admissible evidence as a species of ecclesiastical memorials or records of the possessions of the Church, and are as strong in their nature as any that can be adduced for such purposes. TERTIAN A. Formerly a name denoting the bishops' thirds of all revenues belonging to the Church. TEST ACT was an act of parliament for preventing papists from being appointed to offices in the State ; whereby it was enacted that every person admitted to any office, civil or mili- tary, should, within three months after his admission, receive the Sacrament of the Lord's Supper, according to the usage of the Church of England, in some public church on the Lord's Day, immediately after divine service and sermon. And in the court where, in pursuance of such promotion, he took the oaths of allegiance, supremacy, and abjuration, he was at the same time to deliver a certificate of his having received the sacrament, under the hands of the minister and churchwardens, and make proof of the truth thereof by two witnesses ; and was also at the same time to make and subscribe the declaration against transubstantiation (which was emphatically called the test). — B. L. D. [See 25 Chas. II. cap. 2.] TESTIMONIAL. A kind of certificate, signed either by the master and fellow of the college where a person last resided, or by three, at least, reverend divines, who have known him well for three years last past, giving an account of the virtues and learning of the person. Such a testimonial is always required before holy orders are conferred, and the bishop even ordinarily demands one of a priest before he admits him to a benefice. — El. 0» O* TEXTUS— TIPPET. 445 TEXTUS. A book containing those portions of Scripture appointed by the Church as gospels for the various days. THESAUEAEIUS. The bursar in a monastery who received all its common rents and revenues, and paid all the common expenses. — B. E. L, THRAVE OF CORN {trava Uadi, from the Sax. tlireav, a bundle ; or the British drefa, twenty-four), in most parts of England, consists of twenty-four sheaves, or four shocks, six sheaves to every shock ; yet in some countries they reckon but twelve sheaves to the thrave. King Athelstan, a.d. 923, gave by his charter to St. John of Beverley's Church four thraves of corn from every ploughland in the East Eiding of Yorkshire. — T, L, D, [See 2 Hen. VI. cap. 2.] THRONE. The bishop's principal seat in his cathedral The marble chair of the Archbishop at Canterbury, in which he is enthroned, formerly occupied a place behind the altar. — J7. C, D. TIPPET. In the 74th canon, in which decency in apparel is enjoined to ministers, it is appointed that "all deans, masters of colleges, archdeacons, and prebendaries, in cathedral and collegiate churches (being priests or deacons), doctors in divinity, law, and physic, bachelors in divinity, masters of arts, and bachelors of law, having any ecclesiastical living, shall usually wear gowns with standing collars and sleeves straight at the hands, or wide sleeves, as is used in the universities, with hoods or tippets of silk or sarcenet, and square caps. And that all other ministers admitted, or to be admitted into that function, shall also usually wear the like apparel as is aforesaid, except tippets only." And in the 58th canon : " It shall be lawful for such ministers as are not graduates to wear upon their surplices, instead of hoods, some decent tippet of black, so it be not silk." The present black scarf worn by some of the English clergy represents three things : i, the stole ; 2, the chaplain's scarf ; 3, the choir tippet. The chaplain's scarf is a remnant of the ancient badges or liveries worn by members of noblemen's households, their chaplains included. The choir tippet grew out of the ancient almutium, or amice, that is, a vesture which covered the shoulders, and included the hood; the liripipivm^ or pendent part of the hood, sometimes hanging singly behind (as in our modern hoods), sometimes in duplicate before, like the scarf. In process of time the hood became separated from this pendent part in front, and hence the choir tippet. It is certain that the tippet so called, often made of sables or furs, 446 TIEONENSES— TITHES was worn in the form of the scarf by dignitaries of the Church and State for many ages in England. The scarf has been called a tippet immemorially in Ireland, and within memory in many parts of England. The law of the Church, therefore, seems to be this, that all ecclesiastics (whether priests or deacons), being prebendaries or of higher rank in cathedral or collegiate churches, and all priests or deacons, being masters of arts or of higher degree, may wear either hoods or tippets of silk ; and all non- graduate ministers (whether priests or deacons) may not wear hoods, but only tippets, not of silk. Whence the tippet is to be worn by all clergymen. The 5 8th canon, however, is explicit as to the use of hoods by graduates. By the constant usage of cathedrals, both hood and scarf are worn by all capitular gra- duates. — //. C, D, TIRONENSES. The order of Tiron was instituted by St. Bernard, who was born in the territory of Abbeville in the year 1046, who set up a sort of monks that then took up the name of Tironenses, from their first monastery, which was founded at Tiron about the year 1109. They were reformed Benedictines. There seems to have been no house in England of this order, and only one abbey in Wales, viz., St. Dogmael's (where they were placed about the year 1126), with its dependent priory at Pille, and cell at Caldey. — B. E. L. TITHES, TYTHS, TENTHS, KINDS OF (decimce or dixmes). The tenth part of all profits or fruits, both predial, personal, and mixed, allotted to the clergy for their maintenance. Of tithes there are three kinds, viz., personal, predial, and mixed. Personal tithes are those due or accruing from the profits of labour, art, trade, navigation, and industry of man. Predial tithes, those which arise either from the fruits of the ground, as corn, hay, underwood, flax, hemp, &c. ; or from the fruits of trees, as apples, pears, plums, cherries ; or from the produce of the garden. Mixed tithes are such as arise from beasts, and other animals fed with the fruits of the earth, as cheese, milk, wool, lambs, calves, fowls, &c. Predial tithes, again, are either great or small. Great tithes are those of corn, hay, and wood. Small tithes are those of flax, &c., which are predial ; and those of wool, milk, cheese, lambs, ferrets, &c., which are mixed. The tithes of grounds newly broken up and cultivated are called decimce novales, and always belong to the vicar, as well as the small tithes. The novelty is confined to forty years before the demand. — JE. C. C. [See 13 Edw. I. stat. 4 ; i Eich. II. cap. 14 ; 5 Hen. IV. cap. 11 ; 7 Hen. IV. cap. 6^27 Hea VIII. cap. 20 ; TITHES, OEIGIN OF. 447 32 Hen. VIII. cap. 7 ; 2 & 3 Edw. YI. cap. 13 ; 7 & 8 Will. IIL cap. 6 ; 7 Geo. IV. cap. 15 ; 2 & 3 Will. IV. cap. 100 ; 5 & 6 AYill. IV. cap. 74; 6 & 7 Will. IV. cap. 71 ; i Vict. cap. 69; I & 2 Vict. cap. 64 ; 2 & 3 Vict. cap. 62 ; 3 & 4 Vict. cap. 15 ; 5 & 6 Vict. cap. 54 ; and 9 & 10 Vict. cap. 73.] TITHES, ORIGIN OF. Blackstone says he will not put the title of the clergy to tithes upon any divine right. Yet an honourable and competent maintenance for the ministers of the Gospel is undoubtedly jure divino, whatever the particular mode of that maintenance may be ; for, besides the positive pre- cepts of the New Testament, natural reason will tell us that an order of men who are separated from the world and excluded trom other lucrative professions, for the sake of the rest of man- kind, have a right to be furnished with the necessaries, conve- niences, and moderate enjoyments of life at their expense for whose benefit they forego the usual means of providing for themselves. Accordingly all nations have provided a liberal and decent maintenance for their national priests or clergy; ours in particular have established this of tithes, probably in imita- tion of the Jewish law ; and perhaps, says Blackstone, con- sidering the degenerate state of the world in general, it may be more beneficial to the English clergy to found their title on the law of the land than upon any divine right whatsoever, unac- knowledged and unsupported by temporal sanctions. We cannot (continues the commentator) precisely ascertain the time when tithes were first introduced into this country. Eut the first mention of them in any written English law appears to be in a constitutional decree, made in a synod held A.D. 786, wherein the payment of tithes in general is strongly enjoined. This canon or decree, which at first bound not the laity, was eff'ectually confirmed by two kingdoms of the Hep- tarchy, in their parliamentary conventions of estates, respectively consisting of the kings of Mercia and ISTorthumberland, the bishops, dukes, senators, and people, which was a few years later than the time that Charlemagne established the payment of tithes in France (a.d. 778). But as to the real origin of tithes, it can scarcely be doubted that it was co-existent with the very first introduction of Qhristianity into this country, though, when we come to the records of history, some date must be found from which to start in giving an account of them. The following account from Henry's "History of Great Britain" will be interesting as an observance of the principle of the pay- ment of tithes : — Ethelwolf, the eldest surviving son of Egbert 448 TITHES, EXEMPTION FROM PAYMENT OF. (the first monarch of England), who succeeded his father in the throne, a.d. 837, had been designed for the Church, and was, we are told, a subdeacon in the cathedral of Winchester when his father died. This prince did not forget his former friends and brethren of the clergy after his advancement to the throne, but continued to give them many substantial marks of his favour, of which the most considerable was his grant of the tenth of his lands to the Church. In the seventh and eighth cen- turies the English clergy had been supported by the produce of the lands which had been given to the Church by kings and other great men, by a church-scot or tax of one Saxon penny on every house that was worth thirty Saxon pence of yearly rent, and by voluntary oblations of the people. These funds in times of plenty and tranquillity were abundantly sufficient; but in times of war and confusion, when their houses were burnt and those who cultivated their lands killed or carried away by the Danes, when the church-scot could not be regularly levied, and when the voluntary oblations of the people failed, the clergy were reduced to great distress and indigence. Ethel- wolf, who was a religious prince, and seems to have placed his chief hopes of being preserved from that destruction with which he was threatened by the Danes in the prayers of the Church, was desirous of delivering the clergy from their present distress, and of providing more ample and certain funds for their future support. With this view he called an assembly of all the great men of his hereditary kingdom of Wessex, both of the clergy and laity, at Winchester, in November a.d. 844, and, with their consent, made a solemn grant to the Church of a portion of the lands belonging to the crown, free from all taxes and impositions of every kind. It was no doubt intended that this royal grant should be imitated, and probably it was imitated, by the nobility. In return for this pious donation the clergy were required to perform some additional duties, viz., to meet with their people every Wednesday in the church, and there to sing fifty psalms and celebrate two masses, one for King Ethelwolf, and another for the nobility who had consented to this grant. — T, L. D. [See also P. E. L. and C. L. C. C] TITHES, EXEMPTION FROM PAYMENT OF. Spiritual persons or corporations, as monasteries, abbots, bishops, and the like, were always capable of having their lands totally discharged of tithes by various ways. As — i. By real composition. 2. By the Pope's bull of exemption. 3. By unity of possession ; as when the rectory of a parish, and lands in the same parish, both TITHES, EXEMPTION FEOM PAYMENT OF. 449 belonged to a religions house, those lands were discharged of tithes by this nnity of possession. 4. By prescription ; having never been liable to tithes by being always in spiritual hands. 5. By virtue of their order; as the Knights Templars, Cistercians, and others, whose lands were privileged by the Pope with a discharge of tithes. Upon the dissolution of the greater abbeys by Henry YIII., most of these exemptions from tithes would have fallen with them, and the lands become tithable again, had the^^ not been supported and upheld by a statute which enacts that all persons who should come to the possession of the lands of any abbey then dissolved, should hold them free and discharged of tithes, in as large and ample a manner as the abbeys themselves formerly held them. This provision is pecu- liar to this statute ; and, therefore, all the lands belonging to the lesser monasteries, dissolved by 27 Henry YIII. cap. 28, are now liable to pay tithe. And from this original have sprung all the lands, which, being in lay hands, at present claim to be tithe-free ; for if a man can show his lands to have been such abbey lands, and also immemorially discharged of tithes by any of the means before-mentioned, this is now a good prescription de non decimando. But he must show both these requisites ; for abbey lands, without a special ground of discharge, are not discharged of course ; neither will any prescription de non deci- mando avail in total discharge of tithes, unless it relates to such abbey lands. The following view of the law respecting such exemption is contained in a note on the statute, in Evan's " Collection of Statutes '' : — The exemption may be in respect, first, of unity of possession by the monastery of the parsonage, and the land tithable ; and this exemption takes place as well when they are in the hands of a tenant as when they are in the hands of the owner. The requisites to such exemption are that the union must have been — i, founded on the legal title; 2, equal with respect to the quantity of estate ; 3, free from the pay- ment of any tithes in any manner ; 4, immemorial ; and such immemorial possession must be proved, and is not to be pre- sumed. Secondly, in respect of orders. Eeligious orders were, by Pope Pascal II., exempted generally from tithes of lands. This exemption was confined by Pope Adrian lY. to the orders of the Cistercians, Templars, and Hospitallers, and was after- wards endeavoured by Innocent III. to be extended to the Prsemonstratenses ; but the extension was not allowed in this country. By the Council of Lateran, in 1 2 1 5, received as law 2 F 45 o TITHES, MODUS IN LIEU OK in England, the exemption of religious houses was restrained to the lands of which they were at that time in possession. The Cistercians afterwards obtained bulls for the exemption of lands in the hands of tenants. Such exemptions were prevented for the future by a statute of Henry IV. ; but are valid as to privileges then existing. Lands in respect of which the monasteries were entitled to exemption are exempted, although at the time of the dissolution they were in the hands of tenants, and as such tithable ; but it is otherwise with respect to lands which previous to the dissolution had been granted in tail. The exemption extends in other cases only to lands in the hands of the owners. It may be claimed by a tenant in tail, or by a tenant for life under the limitation of a settlemxcnt, but not by a lessee for life. An absolute and not a qualified discharge was presumed in favour of lands that had never paid tithes, although belonging to a Cistercian abbey, and never in lease, and although tithes had been paid for other parts of the same farm when in the hands of tenants. Lands of the order of St. John of Jerusalem, which came to the crown by a statute of 32 Henry YIIL, by another statute passed in the same reign are exempted from tithes. It has been held that lands exempted by the statute are not chargeable, although they have paid tithes ever since it passed. Likewise that lands so exempt are not rendered liable by the general provision of an enclosure act, that tithes should be paid from the new enclosure, notwithstanding any modus or exemp- tion in other parts of the parish. Where A. purchased an estate free from rectorial tithes, with a right of common annexed thereto, and the common was after- wards enclosed under an enclosure act, and certain land was allotted to him in lieu of his right of common, no tithe was pay- able in respect of the land so allotted. Land exempted from tithes, as being part of the demesne of an ancient monastery, when enclosed by act of parliament, shall not be made liable to tithes by any general words of the act. —T. L. D. [See P. E. L; 0. L. 0. C; i Hen. YIIL cap. 13, sec. 17 ; 2 Hen. lY. cap. 4; 32 Hen. YIIL cap. 24; and 31 Hen. YIIL cap. 13.] TITHES, MODUS IN LIEU OF. By statute 3^4 William lY. cap. TOO, the length of time requisite to support claims of modus deeima?idi, or exemptions from or discharge of tithes, has been most materially shortened. All prescriptions and claims of or for any modus decimandi, TITHES, COMMUTATION OF. 451 or of or to any exemption from or discliarge of tithes, by com- position real or otherwise, shall, in cases where the render of tithes in kind shall be hereafter demanded by the king, or any duke of Cornwall, or by any lay person, not being a corporation sole, or by any body corporate whether temporal or spiritual, be sustained and be deemed valid in law, upon evidence showing, in cases of claim of a modus decimandi^ the payment or render of such modus, and in cases of claim to exemption or discharge, showing the enjoyment of the land without payment or render of tithes, money, or other matter in lieu thereof, for the full period of thirty years next before the time of such demand, unless in the case of claim of a modus decimandi, the actual payment or render of tithes in kind, or of money or other thing differing in amount, quality, or quantity from the modus claimed, or in case of claim to exemption or discharge, the render or payment of tithes, or of money or other matter in lieu thereof, shall be shown to have taken place at some time prior to such thirty years, or it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agree- ment expressly made or given for that purpose by deed or writing ; and if such proof in support of the claim shall be extended to the full period of sixty years next before the time of such demand, in such cases the claim shall be deemed absolute and indefeasible, unless it shall be proved that such payment or render of modus was made or enjoyment had by agreement for that purpose by deed or writing ; and where the render of tithes in kind shall be demanded by any archbishop, bishop, dean, prebendary, parson, vicar, master of hospital, or other corporation sole, whether spiritual or temporal, then every such prescription or claim shall be valid and indefeasible upon evidence, showing such payment or render of modus made or enjoyment had, as is thereinbefore mentioned, applicable to the nature of the claim, for and during the whole time that two persons in succession shall have held the office or benefice in respect whereof such render of tithes in kind shall be claimed, and for not less than three years after the appointment and institution or induction of a third person thereto ; provided that if the whole time of the holding of such two persons shall be less than sixty years. — T. L. D. [See P. E, L.; C. L. C. C; and 2 & 3 Will. lY. cap. 100.] TITHES, COMMUTATION OF. Under 6 & 7 William lY. cap. 71, and various other acts, commutation of tithes may be effected through the Tithes Commissioners, either by a voluntary 452 TITLE. parochial agreement, if with the consent of the patron and commissioners, or by the compulsory award of the commis- sioners, and which in this case is to take as the basis of the commutation (but with power to vary it in certain cases) the clear average value for seven years of the tithes of the parish, or of the composition, if any, payable for the same. The value so agreed, or compulsorily awarded, as the case may be, will be the total rent-charge in lieu of tithes in that parish, and is after- wards apportioned amongst the several lands of the parish according to their average tithable produce. The apportioned rent-charge is payable by two half-yearly payments, fluctuating according to the price of corn, as advertised in the " London Gazette." The land only of the party charged is liable. The remedy where the rent-charge is in arrear for twenty-one days, is only by distress on the land ; but if it be in arrear for forty days, and there be no sufficient distress, a writ may be issued, followed by an execution, for taking possession of the lands till the debts and costs be satisfied. But only two years' arrears can be recovered at any one time. The rent-charge is subject to all encumbrances, and to all rates and charges to which the tithes were subject. The rent-charge is affected by the same interests, liabilities, and rights of exemption as the tithes com- muted, and may be sold, exchanged, or applied accordingly. — D. C. L. H. B., pp. 1 90-1 9 1. [See also P. K L. and O. L. Q. (7. J TITLE is used in several ancient synods and councils for the church to which a priest was ordained, and where he was con- stantly to reside. There are many reasons why a church might be called titulus, title ; the most probable is this, that in ancient days the name of the saint to whom the church was dedicated was engraven on the porch, as a token that the saint had a title to that church, whence the church itself came afterwards to be called titulus. Titles, or titular churches, M. Fleury observes, was formerly the denomination of a particular kind of churches at Rome. In the 6 th and 7 th centuries there were four sorts of churches in that metropolis — viz., patriarchal, titular, diaconal, and ora- torial. The tituli, titular, were parishes, each assigned to a cardinal priest, with a certain district or quarter depending thereon, and a font for the administration of baptism in case of necessity. Clerical or sacerdotal title denoted a yearly revenue or income of the value of fifty crowns, which the candidates for priesthood were anciently obliged to have of their own, that TITLES OF CLEKGYMEN— TEANSLATION. 453 they might be assured of a subsistence. By the ancient dis- cipline there were no persons ordained but in proportion as they were wanted for the service of the Church. Title, in the canon law, is that by Adrtue whereof a beneficiary holds a benefice ; such is the collation of an ordinary, or a provision in the Court of Kome founded on a resignation, per- mutation, or other legal cause. The title of a benefice or bene- ficiary is either a true or a colourable one. A true or valid title is that which gives a right to the benefice ; such is that received from a collator who has a right to confer the benefice on a qualified person, the usual solemnities being observed. Colourable title is a seeming one, i.e., such a one as appears valid and is not. Such would that be founded on the collation of a bishop, in case the benefice in question were not in his collation. By the canons, a colourable title, though false, pro- duces two very considerable efi'ects : — i. That after peaceable possession for three years, the incumbent may defend himself by the rule de triennali possessione against such as would dispute the benefice with him. 2. That in case he be prosecuted within three years, and obliged to surrender the benefice, he shall not be obliged to restore the produce of it. — E. C. C. TITLES OF CLERGYMEN signify some certain place where they may exercise their functions. A title, in this sense, is the church or parish to which a priest is ordained. [See P. E. Z/.] TITULAR. A person invested with the title to a benefice, but without possession. TOCSIN. The alarum bell of a monastery. TOLERATION. Liberty for the exercise of a form of reli- gion other than that sanctioned or established by the State. TOLERATION ACT. An act, i William and Mary, cap. 18, passed in 1689, which secured liberty of worship to all Pro- testant dissenters. [See B. D. D. H. T.] TONSURE. Hair cut in the form of a crown ; anciently a preparatory step to the receipt of orders in the Church. TRADITORS. A name applied to those who, during per- secution, gave up to their enemies the sacred vessels, books, and other property of the Church. TRANSEPT. The transverse portion of cruciform churches ; on the north or south side of the body of the church. TRANSLATION. The act of transferrins: or rem 0 vino: a person or thing from one place to another. A bishop tran- slated is not consecrated de novo ; for a consecration is like an ordination : it is indelible in its character, and holds good for 4S4 TEANSOMS— TEINITY SU:N^DAY. ever. But the bishop is to be anew elected, &c. — E. C. (7. and T. L. D. [See P. ^. Z/., p. 56 ; and 16 Eich. II. cap. 5.] TRANSOMS. In architecture, horizontal mullions or cross- bars in a window. TREFOIL. In Gothic architecture, three small circles within a large one. TRENTALS or TRENDALS were masses for souls departed, to be said thirty times, in such order as should be appointed, or for thirty days together, or otherwise every thirtieth day, according to the direction of the donor or founder who insti- tuted a stipend for that purpose. — E, L. [See i Ewd. VL cap. 14.] TRENT, COUNCIL OF. A famous ecclesiastical assembly which continued from 1545 till 1563. It is said that its avowed object was to settle religious differences by free discussion, but in reality its object was to suppress the Eeformed Church of Luther. TRICANALE. — A round ball having a screw cover from which issued three pipes. It was sometimes used, instead of a cruet, to hold the water for mixing with the sacramental wine. TRIFORIUM. The open gallery or sort of arcade in the wall above the arches of the nave of a cathedral. TRINITARIANS or MATURINES. The Trinitarians, Matu- rines, or friars of the order of the Holy Trinity, for the redemp- tion of captives, were instituted by St. John de Matha and Felix de Yalois, in France, about the year 1197. Their rule was that of St. Austin, with some peculiar constitutions. Their revenues were to be divided into three parts, one for their own support and maintenance, another to relieve the poor, and a third to redeem such Christians as should be taken captive by the infidels. They were called Trinitarians because all their churches were to be dedicated to the Holy Trinity ; and Matu- rines, from having their first house in Paris near St. Mathurine's Chapel. They came into England in the year 1224, where the lands, revenues, and privileges of the canons of the Holy Sepulchre were given to them upon the decay of that order, and they had their first house at Mottenden in Kent. There were about ten or twelve houses of these friars in England and Wales.— j5. E, L, TRINITY SUNDAY. The festival of Trinity Sunday is of comparatively recent institution. Every Sunday was for- merly regarded as commemorating the Holy Trinity, but there is reason for believing that from a very early date the doctrine TEIPTYCH— TEOTH. 455 of the Holy Trinity had a special prominence assigned it in the services for this day. Durandus ascribes the institution of the festival to Gregory the Great, and says that the object of it was to counteract the effects of the Arian heresy, which had almost led to the extinction of the true faith in the Holy Trinity. Pope Alexander II. (i 061-107 3) discouraged the festival on the ground that it was needless, as the doctrine of the Holy Trinity was daily recognised in the Gloria Patri. In spite of this, the festival was gradually adopted by various Churches in Western Europe. Thomas a Becket, who was consecrated on the octave of Whitsunday, 1162, appointed that Sunday for the feast of Trinity. At this period it would seem that some Churches observed the feast on this day, while others celebrated it on the Sunday next before Advent. The Synod of Aries, 1260, directed that the feast should be observed in that province on the Sunday after Whitsunday; but Pope John XXII., in 1334, was the first to enforce the universal observance of this day as Trinity Sunday. There is no corresponding festival to Trinity Sunday in the Eastern Church, the octave of Whit- sunday being observed in that Church as the festival of all Holy Martyrs. — Evan Daniel. TRIPTYCH. A set of tablets over the altar of three folding- leaves, which also sometimes have pictures painted upon the inside of them, or are richly diapered. TRISAGION, TRISAGIUM, TERSANCTUS, or SERA- PHIC HYMN. The hymn in the Communion Office beginning. Therefore with angels and archangels.'^ This celebrated anthem is probably the most ancient and universally received of all Christian songs of praise. Its position in the ancient liturgies has always been (as in the Prayer-Book) a little antecedent to the prayer of consecration, and the hymn itself does not appear in any other office than that of the Communion. The Trisagion properly commences at the words " Holy, holy, holy," from which the name is derived. The portion preceding this is rather a preface or introduction than a part of the hymn itself, though by custom the whole is now repeated as an act of praise. — ;S^. E, D, TROPER. This contained the sequences only, which were not in all grails. The sequences were devotions used after the epistle. — E. L. TROTH. This word occurs in the Prayer-Book only in the Marriage Service, thus : " And thereto I plight thee my troth ; " that is, " thereto I most solemnly pledge thee my truth and 45 6 TEUG-COEX— UNIFOKMITY, ACT OF. sincerity." l^ear the end of the same service the minister says, that the persons now married have " pledged their troth, each to the other/' or, in other words, have promised, in the presence of God, to be true and faithful to each other, and that they have been honest and sincere in the solemn contract just made. — S. E, D, TRUG-CORN (truga frumenti), A measure of corn. At Leominster, at this day, the vicar has trug-corn allowed him for officiating at some chapels of ease within that parish. — T. L. D, TUNICLE. An ecclesiastical garment, supposed to have been originally the colobium or sticharion, to which the sleeves or epimanika were afterwards attached. In the Roman Church, it is the vestment assigned to the subdeacon, when he assists at mass, and corresponds to the dalmatic of the deacon. In the English Church, it is also assigned to the minister who assists at the celebration of the Eucharist. It was made of the same material as the vestment and cope. [See P. E. L. and P. a G.-] TURRET. A small tower often crowning the angle of a wall, or placed on the summit of a larger tower. u UNHALLOWED USES. In the consecration of a church or chapel, the building is said to be separated henceforth from all unhallowed, ordinary, and common uses." The word "un- hallowed," as here used, does not mean simply such things as are morally evil, impure, and contrary to the spirit of religion, which is the popular sense, but strictly all such as are not hallowed made sacred, and consecrated to holy purposes. This is a broader meaning than the former, of which it is inclusive, and the same sense is further carried out in the words "ordinary and common." — S. E. D. UNIFORMITY, ACT OF. An act intended to secure in every congregation of the Church of England the same form of public prayer, administration of the sacraments, and other rites. Various Acts of Uniformity passed in the reigns of Edward YI. and Elizabeth. The last was that of 1662, passed in the reign . of Charles 11. [See i Edw. YI. cap. i ; 2 & 3 Edw. YI. cap. I ; 5 & 6 Edw. YI. cap. i ; i Eliz. cap. 2 ; 13 & 14 Chas. II. cap. 4 ; 15 Chas. II. cap. 6 ; 9 Geo. II. cap. 6 ; 7 & 8 Yict. cap. 102 ; and 9 & 10 Yict. cap. 59 ; and see also York Use.] UNIFORMITY ACT— USE. 457 UNIFORMITY ACT AMENDMENT ACT. 3 5 & 3 6 Victoria, cap. 35, authorises and prescribes the use of a shortened form of morning and evening prayer on any day except Sunday, Christ- mas-Day, Ash Wednesday, Good Friday, and Ascension-Day. It also provides for special services for special occasions, addi- tional services on Sundays and holy-days, and for the separation of the Holy Communion service, the litany, and morning prayer into distinct and separate services, to be used at different times on Sundays and other days. This act also provides for the preaching of a sermon, or the delivery of a lecture in churches without any previous liturgical service. UNINTERRUPTED SUCCESSION. The doctrine of a regular and continued transmission of ministerial authority, in the succession of bishops, from the apostles to any subsequent period. To understand this, it is necessary to premise that the powers of the ministry can only come from one source — the great Head of the Church. By His immediate act the apostles or first bishops were constituted, and they were empowered to send others, as He had sent them. — S. E. D. UNION {unto). A combining and consolidating of two churches into one. By assent of the ordinary, patron, and incumbent, two churches, lying not above a mile distant one from the other, and whereof the value of the one is not above 6 a year in the king's books of first-fruits, may be united into one. [See 3 7 Hen. VIII. cap. 21.] And by another statute, in cities and corporation towns, it shall be lawful for the bishop, patrons, and mayors, or chief magistrates of the place, &c., to unite churches therein; but where the income of the churches united exceeds 100 a year, the major part of the parishioners are to consent to the same ; and after the union made, the patrons of the churches united shall present, by turns, to that church only which shall be pre- sentative, in such order as agreed ; and, notwithstanding the union, each of the parishes united shall continue distinct as to rates, charges, &c., though the tithes are to be paid to the in- cumbent of the united church. [See 17 Chas. 11. cap. 3.] A union made of the churches of greater yearly value than men- tioned in 37 Henry VIII. was held good at common law; and, by the canon law, the ordinary, with consent of the patron, might make a union of churches of what value soever by statute, and with the assent of the king. — T. L. D, [See also P. L. C. C. and P. K L.] USE. In former times each bishop had the power of making 458 USES, STATUTE OF— USUEPATIOK some alterations in the liturgy of his church. In process of time, different diocesan customs arose in ceremonial, mode of chanting, &c., and several became so established as to receive the names of their respective churches. Thus gradually the " uses " or customs of York, Sarum, Hereford, Bangor, Lincoln, Aberdeen, &c., came to be distinguished from each other. The vise of St. Paul's in London continued until 1414, in which year, "October 15, Richard Clifford, the Bishop of Lon- don, by the consent of the dean and chapter, ordained that from the first day of December following, beginning then at vespers, the solemn celebration of divine service therein, which before that time had been according to a peculiar form anciently used, and called Usus Sancti FauU, should thenceforth be conform- able to that of the church of Salisbury, for all canonical hours, both night and day." The most remarkable of these uses was that of Sarum. It was drawn up about 1085 by Osmund, Bishop of Salisbury and Chancellor of England. He rebuilt his cathedral, collected together clergy distinguished for learning and skill in chanting, and took much pains to regulate the ecclesiastical offices, so that his church became a model for others, and his " custom- book was wholly or partially followed in various parts of the kingdom, more particularly in the south of England. — S. E. D. [See Proctor on the Common Prayer; P. E. L. ; and 2 & 3 Edw. VI. cap. I.] USES, STATUTE OF. The stat. 23 Hen. IIL cap. 10, sec. 8, by which land was not permitted to be left to churches and chapels for a longer period than twenty years. USURPATION. A usurpation of a church benefice is when a stranger that has no right presents a clerk, who is thereupon admitted and instituted ; in which case, by the common law, the patron loses not only his turn of presenting for that time, but also the absolute and perpetual inheritance of the advowson, so that he cannot present again upon the next avoidance, except in the meantime he recovers his right by a real action, upon a writ of right of advowson. But by a statute passed in the reign of Edward I., the patron was not to be driven to the diffi- culties of a real action upon a writ of right, but he was to recover the presentation upon a possessory action by darrein presentment or quare impedit^ provided he brought such action within six months after the avoidance ; but if he neglected to bring his action within the six months, he was to have his writ of right as before. But now finally, by a statute of Queen VACATION— YEEGEE. 459 Anne, no usurpation can displace the estate or interest of the patron, or turn it to a mere right, "but the true patron may present upon the next avoidance, as if no such usurpation had happened. There is also a usurpation of franchises and liberties, which is when a subject unjustly uses any royal franchises or liberties, which is said to be a usurpation upon the crown, which shall have a writ of quo warranto against the usurper. — B, L. D, [See P. E, L.; Edw. I. cap. 5 ; and 7 Anne, cap. 18.] V 'VACATION. The time from the death of a bishop, or other spiritual person, till the bishopric, dignity, or benefice is supplied with another. [See 14 Edw. III. stat. 4, cap. 4; and see also Plenarty.] Ey the common law of the Church, the profits of the vacation were to be laid out for the benefit of the church, or reserved for the successor ; but by special privilege or custom, the bishop or archdeacon might have the same, or some part thereof ; so also, it is said, the sovereign might take the profits of a free chapel, and the patron of a donative the profits of such donative during the time of vacation. [See 28 Hen* YIIL cap. 11 ; B, E. L.; and P. E. L?^ VACATUR A. An avoidance of an ecclesiastical benefice, as jprima vacatur a^ the first avoidance, &c. — T, L, D. VAULT. An underground repository for the dead ; an arched roof. VAULTED ROOF. A concave roof formed by arches which generally intersect each other, and are supported by rows of columns, or by the walls. VEILS OF THE CHURCH. Anciently veils or hangings which sometimes divided the chancel from the rest of the church. VENI CREATOR SPIRITUS. A hymn used in the Church for ages, and inserted in the Ordinale. [See Ordering of Priests.] VENITE EXULTEMUS. " 0 come, let us sing," &c. The whole of the 95th Psalm, usually sung in morning service. VERGER. An officer in cathedral, collegiate, and other churches who carries the verge or mace before the dean and other dignitaries. The verger seems to be one of the modern representatives of the Ostiarius, the lowest of the minor orders of the ancient English and present Eoman Church. 46o VEESICLES— VESTMENTS, LEGAL. VERSICLES. Short verses said or sung alternately by the minister and people. VESTMENTS, ILLEGAL.— In the case of Elphinstone, afterwards Hebbert, v. Purchas, the following vestments were declared to be illegal : — Cope at morning or evening prayer, except in cathedrals ; albs with patches called apparels ; tippets of a circular form ; stoles, whether black, white, or coloured ; dalmatics at the Communion service ; maniples worn by the ministers ; the chasuble at the Communion service ; tunics or tunicles at the Communion service ; and albs. VESTMENTS, LEGAL; COUNSELS' OPINION CON- CERNING. The case upon which the following legal opinions were furnished to the English Church Union was prepared (June 1866) in reference to a case and opinion adverse to the lawfulness of the vestments (and some other matters), then recently published."^ Eull materials were laid before counsel by the Union as to the vestments (also on other points upon which they were consulted), and their attention was particularly drawn to The Advertisements, alleged in the previous case to be " the order" of the Elizabethan Act of Uniformity. The E.C.U. case concluded by asking the opinion of counsel in the following terms : — *' Having regard, therefore, to the preceding statements, especially to the language of the Judicial Committee in Liddell v. Westerton, that the ornament clause in the Act of Uniformity of 1559, and the successive forms of the rubric on ornaments in the Prayer-Books of 1559, 1604, and 1662, 'all obviously mean the same thing, that the same dresses and the same utensils, which were used under the first Prayer-Book of Edward VI., may still be used ; ' and also giving careful attention to the ancient canons of the Church of England, which have been held in court, and else- where, to be still law by I Elizabeth, cap. i, except where they have been expressly repealed — " Your opinion, as full and as definite as possible, is therefore requested upon the legality or otherwise of using the articles or practices mentioned under the following heads, viz. : — " I. The vestments prescribed in the first Prayer-Book of Edward VI., for use by the minister in celebrating the Holy Communion, viz., * A white alb plain, with a vestment [i.e., chasuble] or cope.' The assisting ministers also wearing * albs with tunicles.' " " In asking this opinion it is desired to call the attention of counsel to the fact that there is no wish to urge, much less force, upon unwilling * " The Ornaments of the Minister. — Case submitted to counsel on behalf of several archbishops and bishops of the United Church of Eng- land and Ireland ; together with the joint opinion thereon of the Attorney- General, Sir Hugh M. Cairns, Q.C. ; Mr. Mellish, Q.C. ; Mr. Barrow." YESTMEXTS, LEGAL. 461 clergy or people obedience to a rubric which for a very long period has been neglected, or to imply unfaithfulness on the part of those who do not follow its directions. The object is simply to ascertain what liberty it con- cedes to those clergy who desire to conform to it by employing the orna- ments and usages which were, it is believed, * used under the first Prayer- Book of Edward VI. ; ' and who wish to avail themselves of such liberty in the mode of conducting divine service as (being not contrary to law, or to that interpretation of the rubric above quoted, as given in 1857 by the ultimate Court of Appeal in Causes Ecclesiastical) is found to be the most edifying to the people. June 21, 1866." Opinions. " We are of opinion that the vestments mentioned in the first Prayer- Book of Edward VL, viz., * a white alb plain, with a vestment or cope,' may lawfully be used by the minister in celebrating the Holy Communion, and that the assisting ministers may also wear ' albs with tunicles.' " We think that the language of the rubric, ' that such ornaments of the Church and of the ministers thereof . . . shall be retained, and be in use, as were in this Church of England by the authority of Parliament, in the second year of the reign of King Edward the Sixth,' adopted as they are from I Elizabeth, cap. 2, sec. 25, must be construed in the sense in which they were used in that statute, and that they must therefore be taken to authorise the use of, at least, those articles which were prescribed in the first Prayer-Book of Edward VI. " We think that the interpretation we have put upon the rubric is con- firmed by the authority of the judgment of the Privy Council in Liddell v. Westerton.* " Robert Phillimore [now Judge of the High Court of Admiralty]. "James Hannen [now President of the Probate, Divorce, and Admiralty Division]. ''July i^th, 1866." " I have no hesitation in declaring my concurrence in the answer of the Queen's Advocate to the first question proposed (the question relating to the vestments), having expressed my opinion to that effect at the consul- tation held on the 25th of June last. " EiTZROY Kelly [late Lord Chief Baron]. "Temple, July i^th, 1866." "The words of the rubric in the first Prayer-Book of Edward VI., that * the priest that shall execute the holy ministry, shall put upon him tlie vesture appointed for that ministration, that is to say, a white alb plain, with a vestment or cope ; ' and the further direction in the same rubric, that the ' priests or deacons ' helping * shall have upon them likewise the * "The rubric to the Prayer-Book of January i, 1604, adopts the lan- guage of the rubric of Elizabeth. The rubric to the present Prayer-Book adopts the language of the statute of Elizabeth ; but they all obviously mean the same thing, that the same dresses and the same utensils or articles which were used under the first Prayer-Book of Edward VI. may still be used." — Liddell v. Westerton, Moore's P. C. Report, p. 159. 463 VESTMENTS, LEGAL. vestures appointed for their ministry, that is to say, albs with tunicles,' describe the ornaments of the ministers at the specified times of their ministration. These ornaments ' were in this Church of England by the authority of Parliament, in the second year of the reign of King Edward VI.' ; as such they are, in my opinion, now legal under the Prayer-Book of 1662. *' J. Parker Deane [now Vicar-General of the Province of Canter- bury, and Chancellor of Salisbury], "Temple, August jth, 1866." " On the first question (that relating to the vestments), I agree with the Queen's Advocate and Mr. Hannen. "John Cutler [now Professor of Law, King's College, London]. "August 20th, 1866." ** Upon all the other questions submitted to me (one of which related to the vestments), I agree with the Queen's Advocate and Mr. Hannen. " C. G. Prideaux, Q.C. [now Recorder of Helston]. " Sejptemher "jth, 1866." " I am of opinion that the use of the vestments is clearly legal. " I have read the case printed as a case submitted on the part of the * several archbishops and bishops ' to counsel, and the opinion of counsel thereon, and, with the most unfeigned respect for the counsel whose names appear as subscribing the opinion, I am really unable to bring my mind to entertain a doubt upon the subject. " I could easily understand the case and the reasons of the opinion if the question were the converse of that which is the actual question to be determined, viz., if the question were whether any proceedings could be successfully taken against clergymen not using the ornaments which ' were in this Church of England, by the authority of Parliament, in the second year of the reign of King Edward VI.' " But the disuse which may be suggested as an excuse in a penal pro- ceeding for not strictly following a prescribed rule because it has become obsolete, does not seem to me to afford the slightest ground for imputing illegality to those who obey the very letter of the rule, and decline to avail themselves of such excuse. " To say, as appears to me to have been said, that the words * shall be retained, and be in use ' did, in the rubric at the time when the rubric was made, mean — ' There is only to be a retainer of things which being then prescribed have since been and continue to be in use at this day, and that the use of things then prescribed and now fallen into disuse is forbidden ' — seems to me a most unnatural interpretation, and the most violent implication. " If they did not at the time mean so, of course no subsequent desuetude can make obedience to the prescribed rule now illegal. But if at the time they meant so, it certainly is a most singular form of expression, not used by ignorant men, not used by a imrliamentum indoctum, but used by learned theologians, men acquainted with and fully alive to all the controversies which had in the interval disturbed the country and a large part of Christendom on this very subject. " I am satisfied that the Privy Council did not take any such view, and that the effect and plain language of their decision in Westerton's case YESTRY. 4^3 was, that everything as to the ornaments of the Church and of the ministers which was lawful in the second year of Edward VI., has con- tinued to be and is lawful to this day. On the opposite construction I am unable to conceive why there should have been any reference to that year of Edward VI. at all. " W. M. James [now Lord J ustice of Appeal]. "Lincoln's Inn, November loth, 1866." " We are of opinion that the vestments prescribed in the first Prayer- Book of Edward VI. for the use of the minister and those who assist him in celebrating the Holy Communion may now be lawfully used. " William Bovill [late Lord Chief Justice of the Common Pleas]. " J. D. Coleridge [now Lord Chief Justice of England]. "Temple, November I'jth, 1866." [Church Times.] VESTRY. A vestry, properly speaking, is the assembly of the whole parish met together in some convenient place for the despatch of the affairs and business of the parish ; and this meeting being commonly held in the vestry adjoining to or belonging to the church, it thence takes the name of vestry, as the place itself doth from the minister's vestments, which are usually deposited or kept there. It is not essential to the lega- lity of a vestry meeting that it should be hel,d in the vestry room of the church. It may be convened in the church itself, or in any other place in the parish, provided the parishioners have free access to it, even though the place selected for the meeting may be private property. [See P. C, 6r,] As to notice of vestry, the substance of i William TV. cap. 60, and I Victoria, cap. 45, maybe thus set forth. The churchwardens may reduce into writing a notice setting out the place, day, hour, and special purpose for which the meeting is to be held, and to cause copies of such notice, either in writing or in print, or partly in writing and partly in print, signed by one of the churchwardens or by the minister of the parish, to be affixed at or near the doors of all the churches and chapels in their parish previously to the commencement of divine service on Sunday, taking care that such Sunday be three days at least before the day appointed for holding the vestry meeting ; but it is to be observed that the requirements of the statute will be sufficiently satisfied by affix- ing the notice to the principal door of each church and chapel, and also that it is not necessary to affix it to Eoman Catholic or dissenting meeting-houses, nor even to a schoolroom used for divine service according to the rites of the Church of England, nor, it is presumed, to Church of England proprietory or private chapels. As to attendance at the vestry, parishioners have a 464 VESTEY right to be present. Churchwardens attend only as parishioners, and have no right as such to preside at any meeting, this right being vested by law in the minister of the parish, for the minis- ter is not a mere individual of vestry, but, on the contrary, he is always described as the first and an integral part of the parish. The form of citing parishioners to attendance is the " minister, churchwardens, and parishioners," so that to put him and any parishioner in competition for the office of chairman would be to place him in a degrading position, in which he is not placed by the common and ecclesiastical law of this country. In sound legal principle he is head of the meeting. But if the rector, vicar, or perpetual curate shall not be present, the churchwardens have not even then the right to preside, but the meeting shall proceed to the election of a chairman by plurality of votes ; and if any irregularity is committed in the election or nomination of a chairman, the objection must be taken at once, for, if this is not done, it cannot be insisted upon in any subsequent proceedings. The chairman should be a ratepayer, but if a person who is not a ratepayer is elected chairman, it seems that the proceed- ings before him would nevertheless be valid, unless they were carried by his own vote. Every qualified parishioner has a right to attend the vestry, and may maintain an action for any obstruc- tion of his exercise of this right, but not as against the chairman of the vestry, in case of his rejecting his vote, unless he can prove that it has been done maliciously. The common law mode of deciding any question in vestry is by show of hands or by poll. Vote by ballot at the vestry is illegal, as is also vote by proxy. Any parishioner qualified to vote has a right to demand a poll, which right is not waived by such parishioner waiting until the chairman has declared the result by show of hands. If a poll be legally demanded, the chairman is bound to grant it. But where a voter is not satisfied with the decision of the chairman on the show of hands, it is his duty to demand a poll at once. If he omits to do so, he will be deemed to have acquiesced therein, and will not be allowed in any subsequent proceedings to insist that the chairman was mistaken in his decision. And further, it seems that where the election is regu- lated by " Sturges Bourne's Act," that is, 50 George III. cap. 69, the chairman may, if he think proper, direct a poll, without first taking a show of hands, although a show of hands is demanded, and a poll is not demanded, but objected to ; for where the number of votes depends on property^ a show of hands VESTRY. 4^5 cannot decide anything. But it is not necessary for him in such case to direct a poll at all, unless it be demanded ; for although it is undoubtedly true that, in this mode of voting by show of hands, a majority of individuals may not constitute a majority of votes, yet if no poll is demanded, the whole vestry must be considered as acquiescing in the decision of the chairman ; other- wise, in every case of difference of opinion in the vestry there must be a poll, though not demanded, which would be a great impediment to business, and occasion much inconvenience. When a poll is granted, it should be so regulated as to afford to all qualified persons an opportunity of recording their votes, for the right of voting is in all the ratepayers qualified by law ; and this right is inalienably vested in them, the vestry having no power to modify or restrain it by any resolution whatever im- posing any additional qualification for a voter, or limiting the period within which the poll is to be taken. In cases of equality of votes, the chairman, in addition to his vote according to his assessment, shall have the casting vote. The chairman of the vestry cannot close the poll prematurely, even on account of disturbances arising thereat. The proper course in such a case is to adjourn the vestry. If he close the poll, a mandamus will lie to compel the calling of a vestry to hold the election. It seems clear upon principle, as well as upon authority, that the chairman of the vestry has no authority to interrupt, adjourn, or postpone the business of the meeting. His duty in the chair is merely to regulate the proceedings, and as far as he can to forward the business which the meeting is assembled to despatch, if it be such as the meeting can legally entertain and proceed upon. Any attempt on his part, therefore, to stop or postpone the meeting is a violation of his duty, and altogether illegal. In discussing the matters brought before the meeting, or deter- mining whether they are to be discussed on one day or another, and in voting upon them, he has no more authority, nor any further voice, than any other member of the vestry, except when by statute, in case of equality of votes, he has the power to give a casting vote. But while the business is actually in progress, he may and ought to adopt the well-established rules of public meetings to regulate, control, and direct the course of proceed- ings ; and in cases of difference of opinion so to order and con- duct the arrangements as to enable every member to express his opinion, and, if necessary, give his vote without personal inconvenience and difficulty, whereby the real opinions of the voters may be ascertained in a satisfactory and impartial manner. 2 a 466 YESTEY MEETING— YESTEIES, SELECT. Every qualified ratepayer has a right to vote. A poll, of course, must be taken in a place to whicfi he has access, but no voter can raise an objection to the validity of the proceedings on the ground that the place of poll is private property, unless access to such place has been denied. Minutes of all proceedings, and resolutions of every vestry, are to be fairly and distinctly entered in the vestry book, and signed by the chairman, and by such other inhabitants present as shall think proper to sign them. Parishioners who sign the minutes or resolutions of any such vestry meeting do not incur separate or individual responsibility, for in so doing they merely act as vestrymen without any inten- tion of becoming personally responsible, unless, indeed, the resolutions guarantee the payment of expenses, in which case they have been held to be personally liable. [See P. E. L,, p. 187 1, &c.] VESTRY MEETING is the only means known to the law of ascertaining the wishes of parishioners. In the case of White V, Steel, the court said, " We know of no legal mode of ascer- taining the desire of the parish but by convening a vestry and duly conducting the proceedings therein to their legal termina- tion.'^ [See P. C, G,] The following form of notice, or one substantially the same, may be used for convening a vestry meeting : — " [Name of the parish or chapelry.] " The parishioners are requested to take notice that a vestry meeting will be held on day next, the day of , at nine o'clock in the fore- (or after) noon, at [the usual place of meeting within the parish], for the purpose of passing the accounts of the late churchwardens, and of making a rate or assessment for the repairs of the parish church for the present year, and for such other expenses as are by law chargeable on the church-rate. " Dated this day of . (Signed) " A. B., Minister, or VESTRIES, SELECT. Yestries seem to have grown from tlie practice of choosing a certain number of persons yearly to manage the concerns of the parish for that year, which, by degrees, came to be a fixed method, and the parishioners lost not only their right to concur in the public management as oft as they would attend, but also in most places have, if not in all, the right to elect the managers. And such a custom of the government of parishes by a select number has been adjudged a good custom, in that the churchwardens accounting to them was adjudged a good account. [See P. C. G.^ VESTRIES, SELECT. 467 In some places these select vestries have been thought oppres- sive and injurious, and great struggles have been made to set them aside and demolish them altogether. If, in any plead- ing in a court, it is stated that from time immemorial there had been a select vestry composed of a certain num- ber of select persons," it is incumbent on the party making that assertion to prove that the vestry had consisted of a definite number, and so it seems it would be if it had been said that the vestry had been composed of a certain number of select persons. A select vestry cannot be constituted by a faculty from the bishop. I^or, when it exists by ancient custom for the management of parochial affairs, can it elect any select vestry for the management of the poor, within 59 George III. cap. 12. To constitute a valid assembly of a select vestry, appointed under 59 George III. cap. 12, a majority of the whole number should be present. But under a special act, 10 Anne, cap. 20, sec. 20, for building fifty new churches commissioners were to appoint a convenient number of sufficient inhabitants to be vestrymen, and from time to time, upon the death, removal, or other voidance of any such vestryman, the rest or majority may choose another. In the several private acts for building particular churches, sometimes the minister, churchwardens, overseers of the poor, and others who have served, or paid fines for being excused from serving those offices, sometimes the minister, churchwardens, overseers of the poor, and all who pay to the poor-rate, some- times only all who pay such a sum to the poor-rate, sometimes all who rent houses of so much a year, are appointed to be vestrymen within such parishes, and no other persons. Yestries may be constituted by Sir John Hobhouse's Act, I & 2 William TV. cap. 60, the distinguishing feature of which is a provision for the auditing and keeping all parochial accounts by a select body of vestrymen. It will be observed also that it is applicable only to parishes forming part of a city or town, or containing more than 800 ratepayers, and that it in no way affects the ecclesiastical jurisdiction. Yestries in the metropolis are now constituted under the Metropolitan Local Management Act. 18 and 19 Yictoria, cap. 120, provides for the formation of vestries in the metropolitan parishes, l^o such vestries are, by section 29 of the same act, to be holden in any church or chapel. By sect. 90 all duties, powers, and authorities, as to the concerns of any parish, ex- cept such duties and powers as relate infer alia to the affairs 468 YIATICUM— VICAE. of the church," are to be vested in the vestries iormed under this act. It is essential to the validity of any act of a select vestry that every member should have been duly summoned, and that a majority of the whole number should have been present at the vestry meeting, and further that a majority of those present must concur in a resolution submitted to the vestry ; and that resolutions passed by the majority of those who voted, not being a majority of the whole number being present, could not be sustained. [See Phillimore and Prideaux on Vestries.] VIATICUM. Provision for a journey ; it is hence used for the Communion or Eucharist, which is given to the people in the pangs of death, who are about to pass into the other world. —E. a a VICAR. The priest of every parish is called rector, unless the predial or the great tithes are appropriated or impropriated, and then he is styled vicar, as acting instead of the rector ; and when rectories are appropriated, vicars are to supply the rectors' places. Where the vicar is endowed, and comes in by institution and induction, he has cure of souls, and is not to be removed at the pleasure of the rector ; but where the vicar is not endowed, nor comes in by institution and induction, the rector has curam animarum adualiter, and may remove the vicar. In case of endowment, and when the vicar comes into the bene- fice by institution and induction, the freehold of the church, churchyard, and glebe is in him. Many vicars have a good part of the great tithes ; and some benefices, that were formerly severed by impropriation, have, by being united, had all the glebe and tithes annexed to them ; but tithes can no other way belong to the vicar than by gift, composition, or prescrip- tion ; for all tithes de jure appertain to the parson or rector, and yet generally vicars are endowed with glebe and tithes, espe- cially small tithes, &c. If a vicar be endowed with small tithes by prescription, and afterwards land, which had been arable time out of mind, is altered, and there are growing small tithes thereon, the vicar shall have them ; for his endowment goes to such tithes in any place within the parish. But where the vicar is endowed out of the parsonage or rectory, he is not to have tithes of the parson's glebe, or of land that was part thereof at the time of the endowment, but now severed from it ; yet it seems to be otherwise if the glebe-lands are in the hands of the parson's lessee. — T, L. D. [See i Edw. YL cap. 146, sees. II & 32; and I Geo. I. stat. 2, cap. 10.] VICAEAGE— YICAES-CIiORAL. 469 VICARAGE. A vicarage originally belonged to the parson- age or rectory. The rector of common right is patron of the vicarage, but it may be settled otherwise ; for if he makes a lease of his parsonage, the patronage of the vicarage passes as incident to it. And if a vicarage become void during the vacancy of the parsonage, the patron of the parsonage shall present to such vicarage. The parson, patron, and ordinary may create a vicarage and endow it, and in time of vacancy of the church the patron and ordinary may do it : but the ordinary alone cannot create a vicarage, without the patron's assent. Where there is a vicarage and parsonage, and both are vacant and in one person's patronage, if he presents his clerk as incum- bent who is thereupon inducted, this shall unite the parsonage and vicarage again. Upon the appropriation of a church and en- dowment of a vicar out of the same, the parsonage and vicarage are two distinct ecclesiastical benefices ; and it has been held that where there is a parsonage and vicarage endowed, that the bishop during vacancy may dissolve the vicarage, but if the parsonage be impropriated he cannot do it ; for on a dissolution the cure would revert, which would not be legal, into lay hands. For the most part vicarages were endowed upon appropria- tions, but sometimes vicarages have been endowed without any appropriation of the parsonage. If the profits of the parsonage or vicarage fall into decay, that either of them by itself is not sufficient to maintain a parson and vicar, they ought again to be reunited. Also, if the vicarage be not sufficient to main- tain a vicar, the bishop may compel the rector to augment the vicarage.— T. L. D. [See P. E. L. ; C, L. C. G. ; P. G. G, ; 19 Edw. II. cap. 41; II Hen. YI. cap. 32; 29 Chas. 11. cap. 8; and 3 Geo. lY. cap. 72, sec. 13.] VICAR-APOSTOLIC. A missionary bishop or priest in the Eoman Church, who has power delegated to him by the Pope, and not by any metropolitan. VICARS-CHORAL. The assistants or deputies of the canons or prebendaries of collegiate churches, in the discharge of their duties, especially, though not exclusively, those per- formed in the choir and chancel, as distinguished from those belonging to the altar and pulpit. The vicars choral, as their name implies, were originally appointed as the deputies of the canons and prebendaries for Church purposes ; that is, to provide for the absence or incapacity of the great body of the capitular members ; the clerical vicars to chant in rotation the prayers at 470 YICAE-GENEEAL— VISITATION. matins and evensong, &c., and the whole body to form a sufficient and permanent choir for the performance of the daily services — a duty which the canons were originally required to perform in person. The presbyterial members were usually four, being the vicars of the four dignitaries, personoe principales. Sometimes they were five ; the rest were deacons, and in minor orders ; in later times, chiefly laymen. In all foreign cathedrals there are inferior choral members, though the designations vary much ; they consist of priests, deacons, clergy of the inferior orders, and laymen. [See P. i^., p. i6i.] VICAR-GENERAL is an officer under the bishop, having cognisance of spiritual matters, as correction of manners, and the like ; as the official principal hath jurisdiction of temporal matters, as of wills and administrations, and both of these are commonly united under the general name of chancellor. — B. L. D. [See P. E. L. and G. L. C, a] VICARS OF THE POPE. Bishops on whom, either for the eminence of their sees or their personal merits, the Pope bestowed certain prerogatives and jurisdiction, of which the pallium was the distinctive badge. — S. E. D. VI LAICA REMOVENDA is a writ that lies where a clerk intrudes into an ecclesiastical benefice, and holds the same with strong hand and great power of the laity. Ey this writ the sheriff is commanded to remove the force, and to arrest and imprison the persons that make resistance. The writ is return- able into the Queen's Eench, where the offenders shall be fined and punished for the force, and from thence restitution shall be awarded to the party intruded upon. — B. L. D. [See P. E. i., P- 513-] VILLA REGIA. A title given to those country villages where the kings of England had royal seats, and held the manor in their own demesne, having there commonly a free chapel, not subject to ecclesiastical jurisdiction. — T. L. D. VISITATION {visit atio). That office which is performed by the bishop of every diocese once every three years, or by the archdeacon once a year, by visiting the churches and their incumbents throughout the whole diocese. The chapels and donatives (unless such donative has received the augmentation of Queen Anne's Bounty) are exempt from the visitation of the ordinary, the first being visitable only by commission from the king, and the second by commission from the donor, and there are also other churches and chapels exempted which belonged to the monasteries, having heretofore obtained exemptions from VISITATION FEES— VISITOK. 471 ordinary visitations, and being visitable only by the Pope, which by the stat. of 25 Henry YIII. cap. 21, were made visitable by the king, or by commission under the great seal. When a visitation is made by the archbishop, all acts of the bishop are suspended by inhibition, &c. A commissary at his court of visitation cannot cite lay parishioners unless it be churchwardens and sidesmen, and to those he may give his articles, and inquire by them. Proxies and procurations are paid by the incumbents whose churches are visited, &c. — T. L, D. [See P. E, L. ; C. L. C. C. ; and 25 Hen. YIII. cap. 21, sec. 23.] VISITATION FEES. It has been decided that church- wardens are not personally liable for such fees, notwithstanding the stat. 30 and 31 Victoria, cap. 35, and the custom to pay them. [See P. a G., p. 87.] VISITATION OF SICK. By Canon 76, when any person is dangerously sick in any parish, the minister or curate, having knowledge thereof, shall resort unto him or her (if the disease be not known, or probably suspected to be infectious), to instruct and comfort them in their distress, according to the order of the communion book, if he be no preacher, or if he be a preacher, then as he shall think most needful and convenient. And by the rubric before the office for the visitation of the sick, when any person is sick notice shall be given thereof to the minister of the parish, who shall go to the sick person's house, and use the office there appointed. And the minister shall examine the sick person whether he repent him truly of his sins, and be in charity with all the world, exhorting him to forgive, from the bottom of his heart, all persons that have offended him ; and if he have offended any other, to ask their forgiveness, and where he hath done injury or wrong to any man that he make amends to the uttermost of his power. And if he hath not disposed of his goods let him then be admonished to make his will, and to declare his debts, what he oweth, and what is owing to him, for the better discharge of his conscience, and the quietness of his executors. But men should often be put in remembrance to take order for the settling of their temporal estates whilst they are in health. And the minister should not omit earnestly to move such sick persons, as are of ability, to be liberal to the poor.— P. K L. [See P. K P., p. 836.] VISITOR is an inspector of the government of corporations or bodies politic, ecclesiastical or civil. With respect to all ecclesiastical corporations, the ordinary is their visitor, so con- stituted by the canon law, and from thence derived to us. The 472 VOID ANCE— VULGAR TONGUE. Pope formerly, and now the sovereign, as supreme ordinary, is the visitor of the archbishop ; the archbishop, of the bishops ; and the bishops, in their several dioceses, are in ecclesiastical matters the visitors of all deans and chapters, parsons and vicars, and all other spiritual corporations. With respect to all lay corporations, the founders, their heirs or assigns, are the visitors, whether the foundation be civil or eleemosynary. Eleemosynary corporations are chiefly hospitals and colleges in the universities ; which colleges are lay corporations, although the particular members thereof may be clergymen. — B, L. D. [See P. E, L., p. 2006.] VOIDANCE, VACANCY. In the canon law, a want of an incumbent upon a benefice. This is twofold, either in law de jure, as when one holds several benefices that are incompatible ; or de facto in deed, as when the incumbent is dead or actually deprived. — K C. C, VOTIVE TABLET. An offering made to a church in thanks- giving for mercy received, such as a model of a ship in case of preservation from shipwreck. — >S^. E. D, VULGAR TONGUE. Before the Reformation the Church services were performed in the Latin language, and, as might be expected, were on this account little calculated to inform and interest the people. The Reformers had, therefore, the double task of compiling and translating those parts of our service which have come down to us from a remote antiquity. This will account for the frequent mention, in the English rubrics, of the language in which the offices of the Church are to be per- formed ; as, for example, in the case of the hymns after the lessons in evening prayer, the rubrics state that they shall be repeated in English, or in the language spoken by the people, usually called the "vulgar,'^ or common ^Hongue." The 24th article also declares that " It is a thing plainly repugnant to the Word of God and the custom of the primitive Church, to have public prayer in the church, or to minister the sacraments, in a tongue not understanded of the people." In agreement with this is the requirement in the rubric at the head of the office for infant baptism, which makes it obligatory, *^that baptism be ministered in the vulgar tongue." It is not, however, to be understood that the Church interdicts the use of other languages in private devotions, or among those who are familiar with them ; for in the preface to the English Prayer-Book is the reservation, that " It is not meant, but that when men say morning and evening prayer privately, they may say the same in any language that they themselves do under- stand."— /S. E. D. WAFER— WEDDII^G, 473 w WAFER. The bread which is used in the Holy Communion by the Komanists, and also by Lutheran Protestants, is so called, being made in the form of thin round cakes, somewhat resembling large wafers. WAKE is the ancient customary festival annually celebrated on the day of that saint to which the church is dedicated. It received the name of vigil or wake, from the people resorting to the church on the evening before, and their waking and performing their devotions. [See P. E. X., p. 1776.] WARDA ECCLESIARUM denotes the guardianship of churches, which is in the king during vacancies, by reason of the regalia or temporalities. — E. C. (7. WARDEN. A name given to the head of certain colleges, and the superior of some conventual churches, in which the chapter remains. [See Churchwardens.] WARNING OF THE HOLY COMMUNION. The notice ' which is usually given in church of the time when Holy Com- munion will be celebrated. WASTER-BOWL (from the Sax. was-heal, i.e., health be to you). A large silver cup or bowl wherein the Saxons, at their entertainments, drank a health to one another in the phrase of icass-Jieal. The wastel or wass-heal bowl was set at the upper end of the table of religious houses for the use of the abbot who began the health to strangers or to his fraternity. Hence cakes and fine white bread, which were usually sopped in the wastel- bowl, were called wastel-bread. — T, L. D. WAX-SCOT or WAX-SHOT (ceragium). In our ancient customs, money paid twice a year towards the charge of main- taining lights or candles in the church. — E. C. C. WEDDING-. "Wed," originally signified to engage one's self, then to marry. The form in the Sarum Manual was as follows : — " With this rynge I the wed, and this gold and silver I the geve, and with my body I the worshippe, and with all my worldly cathel"^ I the endowe. Et tunc inserat sponsics annuLum pollici sponsce dicens, In nomine Patris; deinde secundo digito dicens, et Filii ; deinde tertio digito dicens, et Spiritus Sancti ; deinde quarto digito dicens, Amen. Ibique dimittat annulumJ^ And then let the bridegroom place the ring on the thumb of the bride, saying, "In the name of the Father;" then upon the * Cathel, goods, property. Cf. cattle, chattels. Lat. capitale, money at interest as distinguished from the interest, capital. 474 WHEEL WINDOW— WHITSUNDAY. second finger, saying, " and of the Son ; " then upon the third finger, saying, " and of the Holy Spirit ; " then upon the fourth finger, saying, ^' Amen." And then let him leave the ring. It was an old belief that a particular vein proceeded from the fourth finger to the heart. The ring is emblematical of eternity, constancy, and purity. Herrick writes — *' And as this round Is nowhere found To flaw, or else to sever ; So let our love As endless prove, And pure as gold for ever." — " Hesperides." Gold and silver were formerly given with the ring as earnests of dowry. This practice was retained in the first Prayer-Book of Edward YL, but was omitted from the book of 1552. — Evan Daniel. WHEEL WINDOW. A circular window having radiating mullions resembling the spokes of a wheel. WHITSUNDAY. One of the great festivals of the Church, held in commemoration of the descent of the Holy Ghost on the day of Pentecost. It occurs ten days after Holy Thursday or Ascension-Day. The reason of this day being called Whit- sunday, or more properly White Sunday, is that on this day, being a remarkable time for baptism, the catechumens, who were then baptized, as well as those who had been baptized before at Easter, appeared in the ancient Church in white garments. It has also been thought that the name was sym- bolical of those vast diffusions of light and knowledge which were then shed upon the apostles, in order to the enlightening of a world then in the darkness of superstition and idolatry. This latter opinion is adopted by Procter, who says : When w^e remember that a very ancient mode of spelling the word is Whit- Sunday, the more probable derivation is that suggested by a writer of the 14th century, viz.. Wit or Wisdom Sunday, in commemoration of the wondrous gifts bestowed on the apostles." This day Whitsonday is cald For wisdom and wit sevene-fald, "Was goven to the apostles as the day." There are some ritualists and etymologists who deny that Whitsun-Day is equivalent to White-Sunday or to Wit-Sunday, and contend that the name is derived from Pentecost, thus : Pfingsten, Whingsten, and finally Whitsun-Day, not Whit- WHITSUI^^-FAKTHINGS— WEITS. 475 Sunday. This theory gains some support from the existence of the old adjective, " Whitsun," implying something connected with the feast of Pentecost, as Whitsun-tide, Whitsun-farthings, Whitsun-ales (or games) ; and in the Prayer-Book we still have Whitsun-Week, and commonly say Whitsun-Monday, or Tues- day, not Whit-Monday, or Whit-Tuesday. — >S. E. D. [See also last edition of Evan Daniel's Prayer-Book.] WHITSUN-FARTHINGS, otherwise called smoke-farthings or quadr antes Pentecost ales. A composition or substitute for offerings which were anciently made in Whitsun-Week, by every man in England who occupied a house with a chimney, to the cathedral church of the diocese in which he lived. — E. 0. G. [See P. E. i., p. 1598.] WIST, WISTA. A quantity or measure of land among our Saxon ancestors, of different dimensions in different places. In the " Monasticon" it is said to be half a hide or sixty acres ; in an old chronicle of the monastery of Battle it is said to be forty-eight acres. WITENAGEMOT. The name of a Saxon Council of Wise Men or parliament. It was composed of the king, the chief dignitaries of the Church, and landed proprietors. The idea oi this council was suggested by the councils of the Church. WRITERS. In every great abbey there was a large room called the scriptorium, where several writers made it theii business to transcribe the missals, liegers, and other books foi the use of the house, and more especially to transcribe books for the use of the library ; and so zealous were the monks in general to replenish their libraries, that they often procured lands to be given and churches to be appropriated for that work. — B. E. L. WRIT OF RIGHT OF ADVOWSON was so called from the special words in the writ, requiring the party to do right con- cerning the advowson. By this the inheritance of the advow- son might have been recoverable against a usurper, but the incumbent could not be removed for that turn. But afterwards it was provided that, if the true patron brought a possessory action of darrein presentment, or quare imjpedit^ within six months after the avoidance, he should recover the entire pre- sentation. — L. D, [See 13 Edw. I. stat. i, cap. 5.] WRITS. De Contumace Capiendo, Form of writ of. " Victoria, &c. . To the sheriff , greeting : the hath signified to us that of , in your county of , is manifestly con- 476 YORK USE.. tumacious, and contemns the jurisdiction and authority of [here fully state the non-appearance, disobedience, together with the commands disobeyed, or the contempt in the face of the court, as the case may be], nor will he submit to the ecclesiastical jurisdiction ; but forasmuch as the royal power ought not to be wanting to enforce such jurisdiction, we command you that you attach the said by his body until he shall have made satisfaction for the said contempt : and how you shall execute this our precept, notify unto and in no wiss omit this ; and leave you there this writ. " Witness day of in the year of our reign." [See Significavit. ] Deliverance, Form of writ of. ** Whereas of , in your county of , whom lately at the denouncing of for contumacy, and by writ issued thereupon, you attached by his body until he should have satisfaction for the contempt ; now he having submitted and satisfied the said contempt, we hereby empower and command you that without delay you cause the said to be delivered out of the prison in which he is so detained, if upon that occa- sion and no other he shall be detained therein. Given under our seal of our of . A. B., registrar " [or deputy-registrar, as the case may be]. [See 54 Geo. III. cap. 68, schedule to the act.] Y YORK USE. One of the great liturgical uses or forms of divine service which prevailed in the cathedrals and parish churches of England prior to the passing of the Act of Uniformity, 2 & 3 Edward YI. cap. i, entitled *^An act for uniformity of service and administration of the sacraments throughout the realm." The words of the preamble of the act are : Whereof long time there hath been had in this realm of England and in Wales divers forms of common prayer, commonly called the ser- vice of the Church, that is to say, the use of Sarum, of Yorl^, of Bangor, and of Lincoln, and besides the same now of late much more divers and sundry forms and fashions have been used in the cathedral and parish churches of England and Wales, as well concerning the matins or morning prayer and the even- song, as also concerning the Holy Communion, commonly called the mass, with divers and sundry rites and ceremonies concern- ing the same, and in the administration of other sacraments of the Church," &c. These words of the preamble of the act plainly show that up till the date of the passing of this statute divers uses or different forms of divine service as followed in different dioceses, cathe- YOEK USE. 477 drals, and parish churches in England and Wales were not regarded as inconsistent with the ideas of the nnity, decent ordering, and good government of a National Church. That the attempt to suppress the liberties enjoyed in this respect in different dioceses, prior to the passing of this statute, and to abolish the different uses that prevailed by the attempt to ensure uniformity by virtue of legal enactments, however well meant, was even in its first beginning a failure, is proved from the words of the statute, ^'Albeit the king's majesty, with the advice of his most entirely beloved uncle, the Lord Pro- tector, and other of his Highness' council, hath heretofore divers times assayed to stay innovations or new rites, . . . yet the same hath not had such good success as his Highness required in that behalf." That numbers of the clergy throughout the different dioceses in England and Wales still clung to and observed their different uses of divine service, notwithstanding the attempt to enforce uniformity, and that in doing so they did not act in a spirit of obstinacy, but in defence of what they believed to be their spiritual liberties, and in love for their ancient accustomed uses, is admitted in the following words of the statute : — " His high- ness, by the most prudent advice aforesaid, being pleased to bear with the weakness and frailty of his subjects in that behalf, hath not been only content to abstain from punishment of those that have offended in that behalf, for that his highness taketh that they did it of a good zeal." The Archbishop of Canterbury and certain of the most learned and discreet bishops and other learned men of the realm were then appointed to consider and ponder the premises, and there- upon, having as well an eye and respect to the most sincere and pure Christian religion taught by the Scripture as to the usages in the primitive Church, should draw and make one convenient and meet order, rite, and fashion of common and open prayer and administration of the sacraments to be had and used in his Majesty's realm of England and Wales. The first Eook of Common Prayer and administration of the sacraments and other rites and ceremonies of the Church, after the use of the Church of England, was the result of their deli- beration. Its use was enforced after the following feast of Pentecost, under a variety of penalties, the last of which for not using it was that the offender should be deprived of all his spiritual promotions, that he should be accounted as dead in law, and should be imprisoned for life. 478 YOEK USE. That these enactments for the establishment of uniformity of worship throughout the churches in England, notwithstanding the heavy penalties attached to their non-observance, was an litter failure, and that a great number of people not only objected to their enforcement, but absented themselves from their parish churches altogether, is proved by the preamble of the second Act of Uniformity, 5 & 6 Edward YI. cap. i, in which, reciting the fact that notwithstanding one Book of Common Prayer had been appointed for use, yet a great number of people in divers parts of this realm, following their own sensuality, and living either without knowledge or due fear of God, do wilfully and damnably before Almighty God abstain and refuse to return to their parish churches, and other places where common prayer, administration of the sacraments, and preaching of the Word of God is used upon Sundays and other days appointed to be holy days." The act then proceeds to enforce not only uniformity of worship, but also attendance at divine service, upon pain of punishment by the censures of the Church. Whether the attempts at uniformity of worship are consi- dered as made by i Edward YI. cap. i ; 2 & 3 Edward YI. cap. I ; 5 & 6 Edward YI. cap. i ; i Elizabeth, cap. 2 ; or by that which is pre-eminently known as the Act of Uniformity, 13 & 14 Charles II. cap. 4, it can scarcely be said that they have been a success. That they have in each case been more or less a failure can scarcely be questioned. ^^'or is this to be wondered at. Religious ideas, convictions, and feelings, when earnestly entertained and cherished, cannot in their public ex- pression in the public worship of God always be successfully and safely coerced into the observance of one uniform formulary of worship. There may be, as history proves, somewhat different forms of public worship, tending to the edification of difi'erent congregations without any violation of the unity and order of a National Church. There may indeed, as St. Paul says, be divers ministrations but the same spirit. From the history of the past a lesson may be learned for the guidance of those in authority in the English Church at the present critical period, when claims are put forth by great num- bers of the clergy for a certain amount of discretional or optional liberty as to the use of somewhat diverse forms of worship and different kinds of vestments, according as they may be thought to tend to the edification of the congregations to which they minister. In considering these claims as to the use of some^Yhat different YOEK USE. 479 forms in divine service, it may not be amiss to bear in mind that the liberty to use such was the rightful inheritance and possession of the Church of England up to the time of Edward YL, and that the series of attempts made to deprive the clergy and laity of such liberty, either in intended suppression of high ritual or in the introduction of puritanical practices, has been the history of failure, schism, and separation. It is a matter of thanksgiving to Almighty God that even in the midst of the present distress in the English Church, owing to divided opinion upon these subjects, there is sufficient basis for the hope that a way may be found out of present difficulties, and that by some method not inconsistent with the unity of the J^ational Church, English Churchmen may, within well- defined limits, lawfully enjoy somewhat of the liberty of their ni-,noof.n-r« as to the use of diversity of ritual and vestments in LONDON : WELLS GARDNER, DARTON, AND CO., PATERNOSTER BUILDINGS. i I Return this book on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. University of Illinois Library 1 3 1 m L161— 0-1096