CATECHISM, of Feniton, in the county of Devon, in the diocese of Exeter, and in the province of Canterbury, and was commenced in the Court of Arches, in virtue of letters of request from the Bishop of Exeter, which had been presented under stat. 3 & 4 Vic. c. 86., the Court, on those letters being presented and accepted, issued a decree calling on Mr. Head to answer to certain articles, heads, positions, or interrogatories to be administered to him touching and concerning his soul's health, and the lawful correction and reformation of his manners and excesses; and more especially for having offended against the laws, statutes, constitutions, and canons ecclesiastical of the realm, by having written and published, or caused to be published, in a certain newspaper called "The Western Times," a letter, entitled "A View of the Duplicity of the present System of Episcopal Ministration, in a Letter addressed to the Parishioners of Feniton, Devon, occasioned by the Bishop of Exeter's Circular on Confirmation, by Henry Erskine Head, A.M., Rector of Feniton, Devon;" in which letter it was openly affirmed and maintained, that the catechism and the order of confirmation, in the Book of Common Prayer, contain erroneous and strange doctrine; and wherein are also openly affirmed and maintained other positions in derogation and depraving of the said Book of Common Prayer, contrary to the said laws, statutes, constitutions, and canons ecclesiastical of the realm, and against the peace and unity of the church and the letter upon which these articles were founded contained, inter alia, the following passages:— "The only plea which can shield our prelates from the charge of intentional duplicity is, that they really are not aware of the unscripturalness and mischievousness of those dogmas with which they incumber themselves and us. Ignorance of Scripture is that which is to be attributed to their lordships on a principle of mere charity. Hence their unreadiness to do that which they promise to be ready to do; hence their unwillingness to reform, or (at least so far as their own ministrations are concerned) to rectify or avoid the serious error which the confirmation service contains. Hence their reckless, ruthless, and inconsistent recommendations to the public and to the clergy, of doctrine which is erroneous, strange, and contrary to God's word. The episcopal circular, which I have now received, is a clear specimen of a system of duplicity, by which their lordships, the bishops, have long been deceived, and are now perhaps more extensively than ever deceiving the public. "As reformation in this respect is not hopeless, and as I also am pledged, by my ordination vows, as a minister of the Church of England, to banish and drive away all erroneous doctrine, I do hereby decline and refuse to give any countenance whatever to the office of confirmation as it is now used by their lordships, the bishops; and, instead of recommending, in compliance with the episcopal circular, the perusal and reperusal of that service to the young persons of this parish, I warn them all, young and old, and middle aged, to beware, in the name of God, of the erroneous and strange doctrine which it contains. "It will be said, that for this I deserve to be turned out of the church. Are all clergymen, then, to be turned out of the ministry who dissent from certain points in the Prayer Book? In this case every body will be turned out of the ministry, and then nobody will remain in the ministry. Show me the works of any churchman within the last four centuries, and I will CATECHISM. dertake to convict him of inconsistency with the Prayer Book. It is a fact, that there is no bishop or clergyman in England, in Ireland, or in the colonies, who does not sin against the Prayer Book in one point or another. It is also a fact that the Prayer Book sins against itself; some parts of it are at variance with other parts; the fourth, sixth, eighth, and thirty-sixth canons are repugnant to the first and third ordination vows. Some of the dogmas in the catechism, confirmation, and baptismal services are utterly inconsistent with the doctrines contained in the eleventh, twelfth, thirteenth, and seventeenth articles." Jenner Fust Sir Herbert Jenner Fust, in giving judgment, stated, "It is no part of Judgment of the province of this Court to determine, whether the Book of Common Sir Herbert Prayer does contain erroneous doctrine; it is sufficient for this Court that it in Sanders v. is the book which is to be used by the clergy as prescribed by the law of Head. the land. The question is, are the words used in Mr. Head's letter derogatory and in defamation of that book?".... Caudrey's case (1) "is a direct and positive recognition of the power of the Ecclesiastical Court to punish, by ecclesiastical censures, or by deprivation, any person offending against the unity of the church. There is, as has been shown, in the act of Elizabeth, a direct recognition or preservation of the power of the Ecclesiastical Court; and by the subsequent act of the 13th and 14th Car. 2., there is also a regular recognition of the power and authority of the Ecclesiastical Court, for the preservation of the peace and unity of the church. "Can the Court then, for one moment, doubt that Mr. Head is within the jurisdiction of this Court, and amenable to his diocesan for disobedience to his ordination vow; as also that he is punishable for such disobedience by ecclesiastical censures? Can the power of the Court to suspend Mr. Head be doubted? I have no doubt whatever, either as to the jurisdiction of this Court, or that Mr. Head has brought himself within the jurisdiction. Indeed, I feel no doubt that Mr. Head is clearly within the provisions of the statute of Elizabeth; but, under the general ecclesiastical law, Mr. Head is punishable for publishing this letter, of which he openly avows himself the author. "I therefore have no hesitation in pronouncing the articles proved; the remaining question is, What is the punishment the Court shall pronounce against Mr. Head, a minister in holy orders, and a beneficed clergyman? Now, I have referred to one part of the statute of Charles 2. (2), by which Mr. Head, when he took possession of his living, must, within two months, have read the morning and evening prayers appointed to be read by, and according to, the said Book of Common Prayer, and openly and publicly declared his unfeigned assent and consent to the use of all things therein contained; or, ipso facto, have been deprived of his said ecclesiastical benefice and promotion. I have also referred to the 36th canon, relating to the subscription to be made by such as are to be made ministers. This is absolutely necessary to be done by every candidate for holy orders, to (1) 5 Co. 1. (2) Sect. 6. It may be here observed, that that part of the Church Catechism which treats of the sacraments, is not in the 2d or 6th of Edw. 6., but was added in CATECHISM. Judgment of in Sanders v. subscribe before he can be admitted into the ministry, or obtain possession of a living. "I therefore think Mr. Head has incurred the extreme sentence of this Court, and that the Court would be justified in pronouncing against him a sentence of deprivation. If Mr. Head could not have obtained possession of his living, without assenting or consenting to the use of all things contained in the Book of Common Prayer, he cannot complain if, by the sentence of this Court, he is placed in precisely the same situation as if he had not, within two months, conformed to the provisions of the statute; and if he had not done so, he would, ipso facto, have been deprived. It would not therefore, as I have before said, be a very harsh exercise of the power of the Court to impose that penalty on Mr. Head, to which he was liable, if he had not made the declaration of conformity, according to the statute. The Court, however, is not disposed to go to the full extent of its power; not from anything that exists in extenuation of Mr. Head's offence, for nothing can be more offensive than the way in which he has expressed himself in his letter. But the statute of Elizabeth makes a difference between a first and second offence; by it, any person preaching, declaring, or speaking against the prescribed rites and solemnities, is liable, for the first offence, to forfeit for one year the profits of all his ecclesiastical benefices, and also to be imprisoned for six months; for a second offence he is to lose or be deprived ipso facto of all spiritual promotions, and to be imprisoned during life.' It seems, therefore, that although it was considered, at the time the statute was passed, that the offence would not bear much extenuation, still that it was right and proper that the statute should make a distinction between persons guilty of one offence, and guilty of the like offence a second time. I think, therefore, that the justice of the case may be satisfied by suspending Mr. Head from his living, and from the emoluments of it, for three years. It will be borne in mind, that Mr. Head may be proceeded against for a second offence, if he shall, during the term of his suspension, publish the like doctrines. "I am, therefore, of opinion to pronounce the articles given in to be fully proved, and to decree that Mr. Head, for the offence he has committed, be suspended from his office and ministration for the term of three years; and that he be condemned in the costs of the suit; with an admonition to him to abstain from such conduct in future. "I think the Court would have been quite justified in going to the fullest extent of punishment, looking to the language in which Mr. Head has expressed his opinions in his letter." CATHEDRALS. (1) The object of cathedral institutions - ·Distinction between cathedral, conventual, and institutions. The object of cathedral institutions may be fully collected from the lan- The object of guage of King Henry the Eighth's Charters of Foundation:-"Ut omnis collegiate generis pietatis officia illinc exuberanter in omnia vicina loca longe lateque dimanent, ad Dei omnipotentis gloriam et ad subditorum nostrorum communem utilitatem felicitatemque." After the conversion of Constantine the Emperor, the other converts in those days, and in the following times, who were many of them governors and nobles, settled large demesne lands on those who had converted them; and the first oratories, or places of public worship, are said to have been built upon these lands; which first oratories were called cathedræ, sedes; cathedrals, or seats; from the clergy's constant residence thereon. (2) beween caventual, and collegiate churches. thedral, con The distinction between cathedral, conventual, and collegiate churches is Distinction thus described by Lyndwood:-"Capitulum dicitur respectu ecclesiæ Cathedralis: Conventus respectu ecclesiæ regularis: Collegium, respectu ecclesiæ inferioris, ubi est collectio viventium in communi. (3) The sees of bishops ought regularly to be fixed in such towns only as are noted and populous. It was also understood by the canon law, that of what extent or how populous soever the diocese or jurisdiction of a bishop might be, it was most agreeable to the episcopal dignity to place the see or cathedral church in some large and considerable town. (4) "Illud sanè, quod ad sacerdotalem pertinet dignitatem, inter omnia volumus canonum statuta servari, ut non in quibuslibet locis, neque quibuslibet castellis, et ubi antè non fuerunt, Episcopi consecrentur: cùm ubi minores sunt plebes, minoresque conventus, Presbyterorum cura sufficiat : Episcopalia autem gubernacula non nisi majoribus populis et frequentioribus civitatibus oporteat præsidere, ne, quod sanctorum Patrum divinitùs inspirata decreta vetuerunt, viculis, et possessionibus, vel obscuris, et solitariis municipiis tribuatur sacerdotale fastigium." (5) In accordance to which, and with express reference to the council of Sardica, and the decrees of Pope Leo and Pope Damascus, it (1) Vide tit. BISHOPS DEANS AND CHAPTERS LECTURERS. Stephens' EccleCastical Statutes, 236. 689. 2222. (2) Godolphin's Repertorium, 347. (3) Lyndwood, Prov. Const. Ang. 14. Gibson's Codex, 172. (4) Dist. 80. c. 4. (5) Extra. 1. 5. t. 33. c. 1. Cathedral churches to be placed in large towns. CATHEDRALS. Every town with the see of a bishop in it, is entitled to be a city, sed quære. Cathedral the parish church of the diocese. Acknowledg ment paid by parochial ministers upon that account. Cathedrals of the new foundation. Stat. 31 Hen. 8. c. 9. was decreed in a council under Archbishop Lanfranc (1), "ut aliquot sedes Episcopales, quæ in oppidulis et pagis anteà fuerant, in locis celeberrimis collocarentur;" and several were accordingly removed, as Dorchester to Lincoln, Selsey to Chichester, Kirton to Exeter, &c.; which rule was also observed in fixing the sees of the five new bishoprics, erected by King Henry 8. Dr. Gibson states (2), that "every town which hath the see of a bishop placed in it, is thereby entitled to the honour of a city." And to the same effect Lord Coke says : "A city is a borough incorporate, which hath, or hath had, a bishop; and though the bishopric be dissolved, yet the city remaineth." (3) But this rule did not apply to the cathedral churches in Wales, many of which were established in small villages. Since the enactment of stat. 6 & 7 Gul. 4. c. 76. it is questionable, whether the designation of "city" has not been merged into that of “borough." (4) The cathedral church is the parish church of the whole diocese; and the diocese was therefore commonly called parochia, till that name came to be applied to its subdivisions; since which it has, for distinction's sake, been called only by its proper name of diocese; and this afforded strong ground for the position, that the resorting to the cathedral church to hear divine service, is a resorting to the parish church. (5) Hence it is ordained by a canon of Simon Mepham, archbishop of Canterbury, that in certain cases, they who cannot be cited personally, or in their dwelling-houses, may be cited in their parish church; and if they have no parish church, or their parish church does not appear, then they shall be cited in the cathedral. And by Canon 65.: Excommunicates shall be denounced every six months, as well in the parish church, as in the cathedral church of the diocese. In honor of the cathedral church, and in token of subjection to it, as the bishop's see, every parochial minister within the diocese, pays to the bishop an annual pension anciently called cathedraicum. This acknowledgment is supposed to have taken rise from the establishment of distinct parishes, with certain revenues, and the thereby separating of those districts from the immediate relation they had borne to the cathedral church. By a canon of the Council of Bracara this pension is called honor cathedra episcopalis, and restrained (if it was not limited before) to two shillings each church; and this canon afterwards became part of the canon law of the church (with this gloss upon the words, "two shillings;" viz. ad plus: minus enim aliquando datur), and has been received in England, as in other churches, under the name of synodaticum or synodals, because generally paid at the bishop's synod at Easter.(6) Concerning the cathedral churches of the new foundation it was enacted by stat. 31 Hen. 8. c. 9. (7), that “the king should have power to declare and nominate, by letters patents or other writing under the great seal, such number of bishops, such number of cities (sees for bishops), cathedral (1) Spel. V. 2. p. 8. 14. (2) Codex, 171. (3) Inst. 109. (4) Vide 2 Stephens on Corporations, 2nd ed. 198. 283. (5) Gibson's Codex, 171. (7) Stephens' Ecclesiastical Statutes, 236. |