dual capacity, was for the most part voluntary but it will hereafter appear, that by delegation or otherwise, the chapters exercised at one time considerable contentious jurisdiction as Curiæ Christianitatis. "However, not to bewilder the reader or myself at present, let it suffice that the rural capitula in general, whether monthly, quarterly, or occasional, had the same objects in view-the advancement of religion and the interests of the Church, and the detection and suppression. of vice within the sphere of their influence and rule. Such was their main design; and bearing this in mind, we will proceed (after a few preliminary remarks upon the costume of the clergy on these occasions) to the various subjects with which rural chapters in general were properly and at all times conversant; deferring to our pages those which fell under their cognizance only incidentally and occasionally, and formed no essential part of their original institution.' Such is the plan which Mr. Dansey chalks out for himself. We cannot follow him into all the details of this intricate branch of the subject; we will, therefore, confine ourselves to the leading points. The rural chapters were eminently useful as a means of promulgating and publishing recent decrees of provincial and diocesan synods, and also of keeping alive the observance of important ecclesiastical laws by their public recitation before the assembled clergy. A more effectual method of attaining these ends it is difficult to devise. Moreover, when a canon was read in the chapter, any of the assembled clergy had an opportunity of obtaining advice and explanation respecting any matter arising thereon. It might also happen that some modification of the canon, or in the mode of carrying it into effect, might seem expedient. In such a case the clergy had it in their power to take the matter into mature consideration, and after fully deliberating thereon, to make their opinion known to their bishop, and if necessary to petition the next diocesan or provincial synod. In our days there are no synods and no canons to publish. This is, therefore, for the present a matter of no immediate practical use. We, however, recommend our readers to look beyond the present imperfect state of church discipline, and to observe how many are the uses to which this institution of rural chapters may be made subservient. It is a portion of a very complete system, every branch of which is nicely adapted to the purposes of the whole; so that the more the system is completed and brought into operation, the more numerous will be the uses which every part thereof may be made to fulfil. Another object of rural chapters was to enable the deans to Horæ Dec. Rur. vol. ii. p. 23. Ibid. par. v. ch. ii. obtain from the congregated clergy a perfect knowledge of the moral and religious condition of their decanates, and devise measures for correcting defaults therein, or reporting them to the bishop. "At these chapter meetings in general, from the date of their origin to that of their decay, reports were delivered of whatever was amiss in the respective parishes of the assembled ministers, in the economy of their churches or the manners of the clergy and their people; the priesthood being especially urged to tender such presentments in regard to the laity subject to their cure, and the deans or their apparitors in reference to the rectors, vicars, capillanes and other ministers. "These subjects were entertained by the dean and chapter for the most part without the intervention of judicial process. They were discussed as in a deliberative assembly, and the ecclesiastical councillors advised such alterations and amendments as the circumstances of each case required; or if necessary, they reported the case to the bishop. But their jurisdiction ended not here;-the court had power, it seems, in some dioceses, of enforcing its proceedings judicially, without any previous reference to the bishop. It could render valid its decrees by compulsion; being authorized so to do by permanent delegation of the diocesan."* Mr. Dansey informs us that the use of decanal chapters as courts of information and reformation was not confined to Great Britain, and that it obtained likewise abroad. In support of this statement he cites the synods of Cambray (1586), Antwerp (1590), Bois-le-Duc (1612), and St. Omer (1583). But the most important document cited by him on this subject is from the first provincial council of Milan, held in the year 1565, by the illustrious St. Charles Borromeo. In it the whole economy of such an assembly is circumstantially set forth under the section "De Vicariis Foraneis." "The vicars," says Mr. Dansey, "were, it is true, mediate between our deans and chorepiscopi, and therefore the local gatherings are not to be identified with decanal chapters, strictly so salled; but the approximation of the vicarial to the decanal function is near enough to admit the description of a ceremony in which the reader will see much of the primitive character of these rural deliberative conclaves ; much that probably obtained in the conventus communes of our Church, spoken of by Lyndwood; and much that in modern practice he might still perhaps approve. Some of the duties mentioned are personal, and not capitular; but it appears better not to dissever them. "The foraneous vicars assembled monthly at the parochial churches, *Horæ Dec. Rur. vol. ii. p. 37. at each in succession, with the presbyters of their respective districts as already stated, and then the canon proceeds : "Pridie ejus diei quam in unum locum conveniant, peccata sua omnes confiteantur: sequenti die in ea ecclesia in qua coacti fuerint missam singuli celebrent. "Tum universi in choro missam conventualem pro mortuis vel de Spiritu Sancto solemni more cantent; in qua eorum aliquis a vicario prius admonitus concionem ad populum habeat. "Confectis sacris et habita processione circa cœmiterium orationibusque consuetis, in domo rectoris illius ecclesiæ unico tantum ferculo contenti, ea qua decet modestia et caritate cibum capiant. "Deinde conferant inter se quæ ad boni pastoris officium et ad curam animarum recte gerendam pertinent: et consulant de incommodis et difficultatibus suæ parochiæ quorum explicatio vel remedium aliorum consilium et operam requirat. Idem autein vicarii libellum de casibus conscientiæ episcopis ac sedi apostolicæ reservatis metropolitani cura edendum reliquis sacerdotibus legent; et aliquot capita tum horum constitutionum, tum earum quæ in synodo diœcesana decernentur, simulque quidpiam ex probata summa de casibus conscientia explicabunt. "Præcipuè autem de presbyterorum vita et moribus quærant, et quales se in pastorali præbeant cura. "An eorum culpa divinus in ecclesia cultus desideretur? "An re ipsa præstentur ea quæ episcopi vel alii eorum nomine in ecclesiarum necessitatem earumve reparationem impendi jusserint? "An libros habeant quos ex decreto habere debent? "An reliqua in hac synodo decreta serventur? "De his omnibus, et si quid proprie mandavit episcopus deque aliis quæ ad utilitatem animorum episcopi cognitionem desiderant, ipsum per literas diligenter certiorem faciant. "Quoties in urbem venerint primum episcopum adeant deque eorum statu, qui sibi commissi sunt, accurate edoceant. "Curati vero quicumque etiamsi quavis dignitate præditi in iisquæ ad officium suum spectant vicariis quos diximus obtemperent. "Quod si aliqui ad conveniendum negligentes, vel ad mandata eorumdem vicariorum exequenda contumaces fuerint ; episcopi in illos pro modo culpæ animadvertant. "Hi autem vicarii voluntate episcopi ab officio amoveri semper possint; ac si male id administrarint, pœnas dent ejusmodi episcopi judicio.""* Thus it appears that, according to the discipline of the holy Archbishop of Milan, the proceedings of the assembly of the clergy under the foraneous vicars consisted of four parts: 1. Devotional practices performed most solemnly in common by all the clergy, and a sermon for the instruction of the people; 2. Conference and consultation among themselves; 3. An ex *Hora Dec. Rur. vol. ii. p. 40, S S. C C. tom. xxi. col. 42, 43. planation, by the vicar, of divers matters regarding the duties of the clergy and of the canons of the diocesan synod; 4. Inquiry by the vicar into divers heads of ecclesiastical discipline. It also seems that the Milanese vicars were in the habit of laying the state of their respective vicariates before the bishop and receiving his instructions thereon; and Van Espen mentions a similar custom prevailing in Belgium. "And every year," says the learned canonist, "on an appointed day, let all the archpriests repair to the bishop, and confer with him respecting the condition of their respective districts, and let them lay before him what they have observed both in their visitations and in the assemblies of the clergy and elsewhere, which they judge to be for the benefit of the parishes; and then after mutual consultation and mature deliberation, let them hear what the bishop thinks proper to be established and ordained for the welfare of souls."* So far we have seen the voluntary jurisdiction of the rural deans in their chapters; but Mr. Dansey informs us that they also possessed a contentious jurisdiction, consisting of several branches. "The chapter, whether monthly or quarterly, was an inspectional and correctional court of spiritual judicature; wherein much of the contentious jurisdiction which now belongs to the ecclesiastical courts was originally transacted, personal suits were adjusted, and, upon formal presentment made of offenders against the laws and discipline of the Church, the dean, after examination and proof of minor irregularities, admonished the parties and exhorted them to repentance and amendment; while for the guilt of any greater crime, he had power to suspend laymen from the sacraments, and clergymen from the execution of their office: but according to the Dean of Gloucester and the Bishop of Peterborough, he could not proceed to any greater punishment." + Mr. Dansey, however, produces many authorities to show that these courts were possessed of much more formidable powers of punishing. But we submit to the reader that this question is one of mere historical and antiquarian interest. It might be useful that these courts should exercise the power of admonishing persons guilty of irregularities or other offences; the influence naturally belonging to such assemblies would render their admonitions in many cases highly medicinal, and preclude the necessity of recourse to a higher authority; but they could not be rendered fit to exercise a more penal jurisdiction. Neither the deans nor their chapters would have either the knowledge *Hora Dec. Rur. vol. ii. p. 42. Van Esp. par. i. tom. vi. cap. iv. Hora Dec. Rur. vol. ii. p. 46. Southey, B. of the Ch. vol. i. c. vi. p. 85. necessary to administer justice, or the judicial habits and training requisite for such functions. The probability is that they would render themselves liable to actions at law, and cause irritation and resistance on the part of the offenders and their friends. And this is the more important to be considered, because the administration of spiritual criminal justice is a matter of infinite difficulty, requiring extraordinary tact, temper, and judgment, which can only be acquired by long and laborious study. The temporal judge has only to apply the law as he finds it to the facts of the case, and proportion the punishment (within the limits of his power) to the circumstances of the offence; but the spiritual judge has a further and a more arduous duty to perform. The spiritual judge must most carefully avoid or suppress scandal, which is calculated to produce a prejudicial effect on the minds of the people, or otherwise to injure the interests of the Church. He must administer the law pro salute animi, having regard to the advantage of the soul of the offender, and so as not only to punish him, but also to bring him to repentance. Thus the canonists teach that excommunication is not to be used where its probable effect will be rather to harden and irritate than to amend. The external coercive power is entrusted to the Church by the State, partly it is true for the purpose of maintaining the external order and police of the Church considered as an institution established by law; but this is the inferior purpose, for the civil magistrate could do this. The real and great purpose of that external power is to enable the Church to carry into effect more completely than it otherwise could, that moral and religious discipline which forms the practical part of Christianity. It is to enable the Church to administer completely the spiritual power known under the name of the power of the keys. That power is purely spiritual. But there are men who would defy a purely spiritual power. The Church therefore has an external forum and a power of coercion entrusted to her by the Christian prince, which are essential means for the attainment of the very same objects which are the end of the spiritual power of the keys. It follows from these principles that the ecclesiastical criminal jurisdiction is one of the means by which the divine mission of the Church is fulfilled. It is a part of the penitential system of Christianity, and in that sense has a quasi-sacramental character. Whenever it is administered apart from the most lively appreciation and realization of these principles, it loses its real character, and instead of salutary results,-peace, edification, amendment, and repentance,--it causes discord, scandal, and hardness of heart. How arduous, therefore, is the office of the spiritual judge! How few are the persons to whom it ought to be entrusted, |