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That gladly we staked it for honour and thee.
Beautiful mountains, bright river and plain,
Back to your borders beloved we come;
Meet us with welcome, returning again,
Songs of our home, songs of our home.

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We can conclude with no better aspirations than the last four lines contain, and with the fervent hope that the gallant efforts, which the French are now making to drive the invaders from their soil, may lead to a lasting peace.

ART. VIII.—1. Liber Niger, sive Consue-
tudinarium Ecclesiæ B. V. M. Lincoln-
iensis.

2. Novum Registrum, a. D. 1450.
3. Laudum Willielmi Alnwyke.
4. Report of Commission on
Establishments.

Cathedral

PROFESSOR WESTCOTT recently produced an interesting account of the great principles and views upon which the cathedrals of the new foundation were erected. He described the large conceptions formed of their intended uses, and the partial provision made for their development. His work was the more serviceable, because it was no fancy sketch or composition from the details of several such institutions, but rested upon the memoir of one.

Professor Westcott forbore to dwell on the causes which from the first impeded, clogged, and finally almost stopped the action of these instruments, sagaciously calculated, and once carefully adapted to discharge important, distinct. functions in our society and polity. It would require a very detailed, in many places a dry, disquisition to expose these causes in full. It would be in other respects a painfully interesting chapter of national and social history. Among the most active causes are the unscrupulousness of ministries, and the potency of great families; another is the grand mistake of the political method by which it was attempted to guard the liberties of the cathe

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These were popular institutions: founded for the people,' intended to be manned mainly by the people.' Like many other institutions, the want of publicity threw them into the hands of an oligarchy. Dispitiated from time to time by partial spoliasatisfaction with their working has been protions. But radical change, or free development, has never been attempted. Little effort has been made to secure good appointments, or to promote efficiency.

The

Every interference hitherto has been a most far-reaching, the most effectively endirect blow at their operativeness. dowed, the most influential Christian institutions of the country (for the headship of the bishop placed them far above the monasteries) were cramped and paralysed, and the process has been continued till the present day. Suppression is yet withheld. For the merits, the services, and the earnestness of many who hold cathedral office, still suggest awaken the suspicion that the popular gentle that there is a vitality worth preserving; and defence of them as retiring pensions' is the protest of an ignorant but true instinct, which distantly feels, yet fails to express, their value as standing outside of our parochial system.

Meantime Church life has been growing ty. Not only is it true that, as the Commispoorer and thinner, in default of this activisioners of 1854 remark (First Report, p. xxx.), 'almost all the best writers of the Church of England have been connected with her cathedrals; but the older annals both of our own and foreign Churches teem with the noble characters formed by chapter life and prebendal work, and the distinctive influences which pervaded them. For us their function rises again into importance; we turn to them as to no other institution we the recognition of those functions, and possess; our coming necessities will demand places and means to work.

Now that popular opinion presses it upon the Universities to abandon any special obligation of training for the Church of England, beyond lectures which in a few years may be given, as in our foreign models, from a merely critical and negative platform, those who claim for the Christian Church a special influence in life and thought, for Christian grace a distinct operation; who desire that our clergy should be trained still in schools which shall maintain their pure influence and that of their families in social life: schools, meantime, which shall advance and not

retard a full appreciation by our clerics of the thought and science of their own time: those, who looking out on the fields of Nonconformity, see little reason why many a separation should not be absorbed in a larger charity: those again who, in whatever attitude, desire to approach foreign Churches with something of mutual understanding who believe that to effect all these great ends set before our generation, there is needed no narrowing scheme but a manifoldly multiplied host of cultivated, politic, tolerant men, students and masters, pastors and missioners of every order; and that this training will require every possible gradation of knowledge and experience, modern and ethnic, Continental, Oriental, American, to be brought to bear on it-cannot but look to the cathedrals, so adequate, so ready for the emergency in particulars which it would be impossible to create, as the basis from which our new work must begin. Specially they look to their moral as well as their material outlines, to the type of society which they preserve to us-type of 'strength in co-operation, strength in due subordination of varying gifts, strength in religious fellowship.' For it is almost amazing to observe the clearness with which the lines of plans, grand beyond any recent conceptions, remain traced in the ground when roof and pillar are gone to build the neighbouring mansions. Retrenchment, diversion, and redistribution have done their work with axe and hammer, plane and file; but the dawning age gives signs of being an age of reconstruction. As in art, so in polity, we have, when the principles are lost, to study and reproduce before we can develop a style all our own. To be constructive has rarely been the function of civil powers, rarely of the highest ranks. Other classes create; and in creating new-create themselves. The English laity are less indifferent than ever to the standard assumed for clerical obligations, more impatient of perfunctoriness and incapacity. Abolition is, however, not so popular a specific of late, and in all departments of national life the balance of means to end is receiving truer adjustment.

In the following pages we propose to carry out a hint of Professor Westcott, and by a sketch of a cathedral of the old foundation to make, however unworthily, a pendant to his masterly picture of one of the new foundation.

We are sure he will rejoice with us that the outlines are in many respects different. A true intelligence will deprecate, in the process of reconstruction, nothing more than uniformity of structure under varying condi

tions.

It will be understood then, that, unless reference is made to others, the system here described is that of a single cathedral, the Church of Lincoln.' And first it will be necessary to say a few words on the document which supplies the materials of the past and to explain the present condition of that system.

The MS. copy now before us is a transcript made about a century ago from an older document which is still in existence. other copy is in the possession of the chapter. Extracts from it have been printed in Wilkins' Concilia,' and thence transferred to some parliamentary reports. But as a whole it.is unknown, and a most interest

It must have been almost unknown, one would think, in 1852, to the chapter of that date, when they informed the commission then sitting that the statutes relating to the duties of the dean and residentiary chapter having been established during the prevalence of the Roman Catholic religion in this kingdom, the duties detailed in the statutes relate to forms and proceedings during divine service in the cathedral in accordance with that form of worship. The statutes have not been remodelled at the time of, or since, the Reformation, and are not applicable to the performance of divine service according to the Reformed Church of England. In point of fact, directions as to divine service form a very small part of the whole, and even as to this part the only inapplicable directions are those rubrics (often from missal and breviary) incorporated in the statutes, for which other rubrics and services are legally substituted in the PrayerBook; services such as those of installations, regulations concerning the places of the dignitaries, the apportioned psalms whose daily reci tation is solemnly assigned to each member of

the body, and numerous smaller usages, even as to the cathedral services, are still carried on in conformity with the statutes, which the whole chapter swear to obey in all things legal, and which comprise a large body of enactments, still acted on as the valid constitution of the body. As to the Divinity Lecturer (whose office was also, in the answers of 1852, ignored), he is not only provided by the statutes, but the present holder of the office duly lectures.

It is singular that the then body should have taken a view so different from that taken by other cathedral bodies; e.g., Exeter, which states that the fundamental provisions of its "customary" have been acknowledged and acted upon.' The most ancient existing customs of the churches in question are no less detailed in one statute book than in the other.

It was stated also to the Cathedral Commission (1st Rep., 1854, p. 254) that 'the statutes (of Lincoln) embodied in the "Registrum Novum” do not appear to have been altered or modified except as to the time of residence, and except by the award or determination of Bishop Alnwick, anno Domini, 1440.'

However, the Novum Registrum,' date

Michaelmas, A.D. 1440, is posterior to the Laudum' of Bishop Alnwick, which is dated 23 June, 1439, and was sealed at Nettleham, 29 June, 1439; so that the Laudum did not modify the statutes as contained in the

ing document it is. The volume contains:— (1) The Novum Registrum,* or New Custom Book drawn up and formally passed, as we shall presently relate, as a complete body and summary of statutes for the cathedral in the year 1440. (2) The old Vicars' Statutes,' which are re-enacted. (3) The Laudum,' or Arbitration of Bishop Alnwick, and two or three Indentures. A little before the middle of the fifteenth century the divisions between the dean and the chapters of this cathedral had reached a complication which induced both sides to have recourse to the visitor's arbitration. The chapter and the dean of the day (Decanus modernus'), Macworth by name, Chancellor to the Prince of Wales, made unqualified submission or compromission' of their cause 'ex alto et basso, absolute et libere,' into the bishop's hands. William Alnwick, lately come to his throne, was an able, statesmanlike prelate. After twelve

'Novum Registrum.' The Novum Registrum' and the 'Laudum' both give ample evidence of very frequent modifications. The following Lauda are expressly mentioned, and partly accepted, partly overruled; viz., of Bp. Robert Grosted, 1235-1253, of Bp. Rd. Gravesend, 12581279, Bp. John Dalderby, 1299-1319, Bp. John Gynewell, 1351-1362, Bp. Hen. Beaufort, 13971404, Bp. Wm. Gray, 1420-1435, besides some important modifications called Articuli quos ipsemet Decanus in præsentia Dni Thesaurarii Angliæ inter se et capitulum concordatos fore fatebatur ac ibidem ratificavit et subscripsit.' The rule traceable through this interesting Register is the same which prevailed elsewhere. 'The statutes were enacted from time to time

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pro re nata. They were framed in the form of injunctions from the bishop as visitor, requiring the more accurate observance of existing ordi nances, or of new statutes, either suggested by the chapter to the visitor, or framed by him at their request and with their concurrence, and finally accepted by the body. No instrument has ever been allowed to be of any force unless ratified by the bishop and chapter, and authenticated by the seals of both.'-Answer of Chapter of Exeter.

'Sta

* Registrum—(1) The volume into which precedents are entered (regesta) as they occur. tuta Arelat. MSS. Art. 95, De Regestro Comunis. Item statuimus. Quod Comune teneatur habere num librum de pergameno, in quo transcribantur omnia instrumenta ad Comune perti

nentia.'-Lit. Phil. vi. ann. 1339, tom. 6.

'Ordi

nat. reg. Franc.' p. 529,.Gardez les Registres, bons usaiges, et coustumes anciens.'-Ducange. (2) The customs themselves. The older book was calledConsuetudinarium,' at Exeter the 'Customary.'

A copy of the Old Custom Book was recently discovered in a dilapidated condition. The name given it in the New Statutes, Le Black Book,' indicates either a French notary, or is a strange sample of the mixed tongues. It occurs again in Le Galilee Court.' Compare forms frequent in Lincolnshire, such as Holton-le-Clay, Ashbyde-la-Launde, Carlton-le-Scroope, &c.

months he pronounced an elaborate Laudum,* or arbitration, on forty-two articles exhibited by the chapter and fourteen exhibited by the dean. This was only the last of many such trials, sumptuosæ quamplurimum,' which had been brought before various prelates, and been carried even to the Roman curia. On nearly all the articles the dean was shown to have been the aggressor and in the wrong. Nothing can exceed the delicacy with which he is treated. Precautions are taken against the repetition of disorders, and the past is condoned.

But then a new and still more important business was undertaken, and within another year completed. Bishop Alnwick reviewed the whole of the ancient statutes, which appear to have existed in four different documents, dating from the year 1000 a.d., and to have been derived from the statutes of Rouen Cathedral; of the various Lauda pronounced by at least six different bishops; of the numerous private agreements with the founders of not less than twenty chantries; and of the record of traditional custom by

which much both of the business and of the religious work of the cathedral was regulated; on this head Bishop Alnwick cited and examined numerous witnesses. There was much that was contradictory and obscure in this mass of material; nothing can be more creditable than the compact and distinct work which, divided into five books, was shortly presented to the chapter by the bishop, by them accepted, and then ratified and authenticated with the seals of both' as the sole embodiment of their law-and

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which, together with the Laudum itself, is at the present day accepted upon oath by every canon or prebendary on his admission. The subjects of the five books of the New Register are as follows:

1. The primaria institutio of the Church of Lincoln, and the number and value of the dignities, canonries, and prebends.

2. On the ingressus (admission) of canons and prebendaries.

3. On their life (progressus).

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4. On their egressus, which may occur through resolution in death,' through cession, privation, or translation, and their rights on all of these occasions.

5. On the perpetual chaplains of the

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chantries, and on the vicars and other inferior | their occupations will be such as not, in most ministers.*

The interesting and often amusing detail into which a full discussion would lead us may be reserved for another occasion. For the present we must simply glean what we may out of the five books, illustrative of the true principles of 'Cathedral life and Cathedral work.' 'Gleaning' describes the operation, for the primaria institutio and the life and progressus of the canons are, as regards enunciation of principles, the tantalising parts of the work. The first is brief, a few historical memoranda; the second is almost purely technical and legal. In fact, the theory and principles of the life and work are assumed to be so clear and familiar as to require no expression. Yet in some respects the 'Laudum' and the New Register' are more valuable than a book of principles would have been. They take the system at full work. They show what was considered possible and practicable after above four centuries of experience; they give glimpses of what the great institution was doing, not what it was supposed that it ought to do; and, in plain language, they expose social corruptions (e. g., with regard to wills and inheritances, and not as to these alone), which under the then circumstances (pathetically called 'moderna ') must be regarded as once inevitable, but under our changed ones would be not only inexcusable, but impossible.

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There was not in the minds of the old cathedral lawgivers the slightest idea that cathedral life and cathedral work began and ended with Cathedral service.' The service was an essential part of the life, but it was the smallest part of the work. Of it the Novum Registrum' says (MS. Part iii. p. 49), that on the part of the canon or prebendary, assiduitatem exigimus moderatam, non ut omnibus horis cogatur interesse. sed uni horæ (daily) vel missae majori unless he has leave of absence or is ill, or alias in negotiis ecclesiæ occupatus.'

The corps of the cathedral consisted of the prebendaries with their vicars and their su perior officers. They were fifty-two in number, each for one week in his turn taking the principal position in the cathedral services; in the rest of the year it is assumed that

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instances, to admit of their residing in the close,* or if they do reside, of their attending more than one of the hours of service daily. If they undertake to reside for thirty-four weeks of the year, a house is to be provided for them, and they are to draw a dividend from certain funds. Their name is derived from their præbenda,f each having one or more estates stationed throughout the diocese; on each estate a house of residence with a familia,' usually a church, either served by themselves cum cura animarum,' or of which the patronage is in their hands, and a school under their direction. Each præbenda was a centre of civilisation to its district. The duties and powers of the præbendarius with respect to his prebend are defined and urged in this view. He is exhorted so to administer it that his people may appetant commorari' under his headship. It is systematically connected with the cathedral, and visited at regular intervals by the dean, chapter, and bishop; any abuses observed in the holder's administration are to be corrected by these authorities at his expense, and appeals lie against him or from him to the cathedral courts.

The prebendaries and officers formed the chapter. There was no line drawn between little chapter and grand chapter. There was only one body.§ Whatever portion of this met, according to rule, in the chapter-house, was a chapter.' They absolutely elected their dean, and nominally their bishop; for the rest, we find members of the body actively employed at the royal and papal courts, as well as in their more distinct functions of counsel and assistance to the bishop || who selected them, and in business which is

wiser and truer policy prevailed of appointing *Two hundred and fifty years before this, the only such as could reside.

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It is interesting to notice the vicissitudes of names. The cathedral body were canonici (canons) originally but many were unendowed, living on their own means, or merely by their di vidends from the common fund (communa). The more dignified were canonici præbendati or præbendarii. If they resided they were canonici residentiarii, præbendati or not as the case might be. Since the prebends have been confiscated to non-cathedral purposes, the name of canons has been retained by the residentiaries who are alone endowed, and that of prebendaries designates the unendowed holders of stalls.

Rob. Grosseteste, Ep. lxxiv.

Quinquaginta et sex canonici cum capite suo (sc. bishop) corpus et capitulum constituunt : negotia ecclesiæ et secreta tractant. p. 35.

[In præbendis] viros sapientes et scientia præditos lateri suo sociare satagebat, quia absque virorum proborum adjutorio nec populo nec clero convenienter prodesse sufficeret. Horum consiliis fretus et comitatus auxiliis, &c. Vita S. Hugonis, Ep. Linc. 1200, iii. 8.

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described as laborious, under his direction. | ther archdeacon) in his Epistle to Walter,* Accordingly we find among them not only some very touching reminiscences. of the theologians and preachers, but famous legists. spiritual and secular activity of the first They were not all priests; * some, too, be- group of canons who occupied the stalls of longed to monastic orders, but these could Lincoln. Remigius its founder I never saw, not hold prebends, and resigned them if they but of the venerable clergy to whom first he had been prebendaries before their vow, and gave places in his church I have seen every so remained as simple 'canons.' Not only one.' He then mentions by name thirtystudy is contemplated in the statutes, and three of the original clergy and their first in part provided for by the still noble though successors, with various touches of character. despoiled library, but higher education was The whole passage is too long to quote, and systematised in the 'schools' which the too beautiful to spoil. Perhaps the followchancellor 'ruled,' and in which he with his ing are among the most interesting: staff lectured. The results appeared in the fact, that from among the prebendaries of the particular cathedral in question every English see has been filled, and many of them twice; for of the fifty-two stalls all but one, and some of them more than once, have given a bishop to our Church. Among great foreigners, Thorlak the ecclesiastical lawgiver, and first saint of the Icelandic Church (whose day is still a national festival), studied first at Paris and then at Lincoln; his nephew and successor Paul was probably a Lincoln student too.

Henry of Huntingdon the Chronicler (f. 1135-1154), Canon and Prebendary of Lincoln, and Archdeacon of Huntingdon in that church, addresses (apparently to a bro

* The Emperor, the kings of France and Spain, and certain foreign peers, always were, and in some cases are still, canons of various churches.

+Studium' is one of the employments in which the dean is warned not to interrupt the canons by too frequent chapters.

Bp. Thorlak was born A.D. 1133, was ordained priest about 1152, and shortly afterwards went abroad; first to the University of Paris, and thence to Lincoln, where he "contracted much learning useful to himself and to others." He returned to Iceland after being six years abroad; his stay in Lincoln would fall in about

1158-1160. In 1178 he received ordination as Bishop of Skalhalt, and died 23rd of December, 1193. In 1199 he was by the Icelandic ParliaLent declared Saint (Thorlákr Helgi), and a very popular saint he was. The Thorlak's Missa is at present the introduction to Christmas. It is signficant token of the independence of the anrent Church that he was canonized by the Parliament without any confirmation from Rome asked for or given. His name is not, therefore, in the Roman Calendar; in his own country he was an undisputed national saint.

A minute account of his life as bishop is contained in the Thorlák's Saga' (published in 'Bishupæ Saga,' i. 87-199), written by a contemporary cleric, and bearing witness to his learning, gentleness, and purity of life.

Saint Thorlak's nephew and successor, Paul (d. 1211), also studied in England. The place is not recorded; it may have well been the place where his uncle studied before him.' We have to thank for this note the learned author of the Icelandic Dictionary,' Mr. Gudbrandt Vigfússon, of Oxford.

'Ralph, the first dean, a venerable pricst. Reiner, the first treasurer, full of religion; he had prepared a tomb against the day of his death, and there he often sate to sing psalms, and prayed long spaces, using himself to his eternal home. Hugh, worthy of all memory, the mainstay and, as it were, the foundation of the Church [he was chancellor]. Osbert [Archdeacon of Bedford, afterwards chancellor], vir omnino comis et desiderabilis. Willielmus juHenry of Huntingdon himself studied. Then Albin, under whom venis magnæ indolis.

come Albin's brothers, "most honourable men, my dearest friends-men of profoundest science, brightest purity, utter innocence,— yet by God's secret judgment were they smitten with leprosy, but death hath made them clean." Nicolas, Archdeacon of Cambridge, Huntingdon, and Hertford, "none more beautitiful no less." [In his epitaph he was styled ful than he in person, and his character beau"Stella Cleri," a married canon, and he was Henry's father; his son and successor was avowedly, though in dangerous times, and by many a cutting sarcasm, a strong advocate for a married clergy.] Walter, the prince of orators. Gislebert, elegant in prose, in verse, in dress. With so many other most honoured names I may not tax your patience. "Amabant quæ amamus; optabant quæ optamus; sperabant quæ speramus." A noble society! The lesson which Henry reads his friend from their memory is activity-something "quod

differat a somno."

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Altogether prebendal life was then very laborious; one of the reasons which Alnwick gives for assigning good salaries to the holders of stalls is the way in which they 'utilitatibus desudant' in extra work† (voluntariæ obsequiorum necessitates') over and above the 'tractatus quotidiani, continuique labores, multaque onera.' The advantages, however, of the position were such as even then to excite the mundane cupidity of those who had no intention of working; while the honour of being associated 'vel perexili titulo' with the insignis multitudo clericorum' who frequented Lincoln was earnestly coveted even by famous savants of the University

* Wharton's' Anglia Sacra,' vol. ii. p. 694. + MS. Nov. Reg.,' p. 61.

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