titled to a fee unless the person is actually buried; it is not sufficient that he died in the parish. The fees vary considerably. The parson's customary fee is said to be 3s. 4d. for the churchyard, and 6s. 8d. for the chancel (t). In Gilbert v. Buzzard (u), it was considered that the fee where an iron coffin is used may be increased by a sum varying from 57. to 201.

CANON. Canons are residentiary members of a cathedral chapter (x). They are appointed sometimes by the Crown, sometimes by the bishop (as at York, Chester, Chichester, Hereford, Salisbury, and Wells), and sometimes by the other canons (y). Honorary canons are appointed by the bishop (≈). No one is eligible for a canonry unless he has been six years in priest's orders, except in the case of a canonry annexed to an office in any University (a). They are supposed to hold themselves in readiness to preach throughout the diocese (b). Minor canons are appointed by the chapter (c). A large number of canonries have been suppressed, and their emoluments vested in the Ecclesiastical Commissioners (q. c.). The income of a canonry varies from about 3507. to 1,0007. a-year (d), and in addition a canon frequently holds an archdeaconry. He must be three months yearly in residence (e). The stipend of a minor canon (if in holy orders) must not be less than 1507. a-year, and in each cathedral or collegiate church there must not in any case be more than six nor less than two in number. They may hold a benefice in addition, if within six miles of the cathedral or collegiate church (c). Under the provisions of the Deans and Canons Resignation Act, 1872, a canon or minor canon, when incapacitated, can resign on a pension of one-third of his income. If a canon

() 3 & 4 Vict. c. 113, s. 23.
(a) 3 & 4 Vict. c. 113, s. 27.
(b) Can. 43.

(c) 3 & 4 Vict. c. 113, ss. 45, 46; 4 & 5 Vict. c. 39, s. 15.

(d) 3 & 4 Vict. c. 113, s. 66.

(e) 3 & 4 Vict. c. 113, s. 3.

(not a minor canon) holds no other preferment, his pension is not to be less than 2507. in England, or 1757. in Wales (e).

The fees on collation and installation to canonry amount to 147. 15s. 6d. ; honorary canonry, 77. 17s.; and on collation to a minor canonry, 27. 14s. 6d. For particulars, see FEES.

CANON LAW. The canon law is the body of rules by which a church is governed. "In the primitive church, the laity were present at all synods. When the empire became Christian no canon was made without the Emperor's consent. The Emperor's consent included that of the people, he having in himself the whole legislative power, which our Kings have not. Therefore, if the King and clergy make a canon, it binds the clergy in re ecclesiasticâ, but it does not bind laymen, they are not represented in convocation, their consent is not asked or given" (f). Prior to the Reformation, the English canon law consisted partly of the general canon law of the Roman patriarchate, and partly of the national canon law, composed of (1) provincial, and (2) legatine constitutions. The provincial constitutions are the decrees of the provincial synods of Canterbury and York, chiefly the former. The legatine constitutions were ecclesiastical laws enacted in national synods held under the presidency of papal legates, chiefly in the time of Henry III. At the dawn of the Reformation, it was enacted by 25 Hen. 8, c. 19, that a review should be had of the canon law, and till such review should be made, all canons, institutions, ordinances, and synodals provincial, being then already made and not repugnant to the law of the land, or the King's prerogative, should still be used and executed. And as no such review has yet been perfected, upon this statute now depends the authority of the canon law of England (g), so far as it binds the laity. This statute also enacted that no subsequent canon should be

(e) 35 & 36 Vict. c. 8.

(f) Salkeld, 412; recently a House of Laymen has been established for

Canterbury, but this cannot be said to represent the laity.

(g) 1 Bla. Com. 83.

valid (i.e., binding on the clergy) without the royal assent. Edward VI. and Queen Elizabeth promulgated canons under the names of injunctions and advertisements, and in the year 1603, the clergy, with the assent of James I., enacted 141 canons, but they were never confirmed by Parliament. They therefore do not bind the laity or the clergy as to their temporalities, except so far as they are declaratory of the ancient canon law (). They are supposed to form a code of ecclesiastical law binding on the clergy as to their spiritualities, but they are by no means uniformly obeyed, and many of them are either repealed or obsolete (i).

In the year 1865, canons 36, 37, 38, and 40 were revised by the clergy with the assent of the Queen, but this was only for the purpose of bringing them into accord with the new statute law substituting declarations for the subscription to the Articles and the oath against simony.

Non-established churches may, of course, make their own canons, but to alter them sometimes necessitates a resort to the legislature and law Courts (). It is, however, clear law that the Courts "will not interfere with the rules of a voluntary association, unless to protect some civil right or interest which is said to be infringed by their operation ” (1).

The "constitutions" of the Church of Ireland, made since its disestablishment, may be usefully compared with those of the Church of England.

CATECHISM is "an instruction to be learned of every person before he be brought to be confirmed by the bishop." The rubrical direction as to instruction in the catechism upon Sundays and Holy Days after the second lesson at evening prayer, is now generally disregarded on account of its incon

(h) 6 Q. B. D. at p. 393; Middleton v. Crofts (1736), 2 Atk. 669; Reg. v. Millis (1844), 10 Cl. & Fin. 680.

(i) In the year 1640, seventeen canons were passed, but they are of no legal force whatever; for an account of them see Hook, Church Dictionary.

(k) See Winslow, Law of Protestant Nonconformists; and Birstall Wesleyan Chapel Trust Scheme Confirmation Act, 1890.

(1) Per Lord Colonsay in Forbes v. Eden (1867), L. R. 1 Sc. Ap. 538. And see ANGLICAN COMMUNION.

venience, but the canon law, which directs that it shall be before evening prayer, is complied with as to "the youth," but not as to "ignorant persons," by means of the Sunday Schools (m). The rubric is the binding authority.

CATECHUMEN, a person who is going through a course of instruction preliminary to baptism. England being a Christian country, catechumens are far from numerous, except in those sects which do not allow infant baptism.

CATHEDRAL, the seat of a bishop. It confers the title of city, but it is doubted whether a city must not now also be a borough incorporate (n). A diocese was originally the same as a parish is now, and consequently the cathedral is still considered as the parish church of the whole diocese, e. g., if one resort to a cathedral it is the same as resorting to a parish church within the statutes (o). Cathedrals are managed by the dean and chapter under the provisions of the Cathedral Acts, but their mode of government is not uniform (p). Το a certain extent they are not within the jurisdiction of the bishop's Court. Alterations are made in them, and ornaments introduced into them without a judicial order (q). The bishop, however, can deal with any illegalities, and has also certain powers as visitor (»). Cathedrals and collegiate churches also come within the Public Worship Regulation Act (q. v.).

More elaborate services are permitted and expected in cathedrals than in ordinary churches. See SINGING; COPE.

A fee called cathedraticum or synodals (now practically obsolete) is payable by every parochial minister to the cathedral.

CATHOLIC (Gr. xaoλós, universal) is really equivalent to "Christian," but in the common parlance of Western Europe,

(m) See Rubric, Can. 59; and Adol. Comp. p. 419. (n) Cripps, p. 387. (0) Gib. 171.

(p) 3 & 4 Vict. c. 113; 4 & 5 Vict. c. 39; 27 & 28 Vict. c. 70; 36 & 37 Vict. c. 39.

(g) 12 P. D. 201.

(r) See CHAPTER and VISITATION.

the term is used to describe a member of the Roman Catholic Church. The principal divisions of Christendom are the Orthodox Catholics, the Roman Catholics, and the Protestant Catholics. (See CHURCH.)

CAVEAT. The formal notice given to stay proceedings in a matter, usually to stay probate of a will, a licence of marriage, or the institution of a clerk to the benefice.

CEMETERY. A place of burial differing from a churchyard (1) by being separate from a church; (2) from the fact that a permanent burial place can be purchased in it (s). (See further under CHURCHYARD.)

CEMETERY CHAPLAIN.

Under the Cemetery Clauses Act, 1847 (which may be incorporated into any special cemetery Act), a clerk in holy orders must be appointed as chaplain of the consecrated part of a cemetery. He must be licensed by the bishop, and is removable by him for any cause which appears to him reasonable. His duties are to perform the burial service over all bodies brought to be buried in the consecrated part of the cemetery. He is to be paid such stipend as the bishop may approve. If the stipend be not paid, it is recoverable by action at law. He has the same duties to perform with respect to registers (q. v.) as an incumbent, and a clerk may, with the consent of the chaplain, be appointed by the cemetery company to assist him. Any clergyman of the Churches of England or Ireland, not being prohibited by the bishop, nor under ecclesiastical censure, may, at the request of the executor or person having charge of the burial, and with the chaplain's or bishop's consent, perform the burial service in a cemetery (t). And by the Burial Laws Amendment Act, 1880, the burial may be without the church service, as to which see BURIAL.

(8) Wharton's Law Lexicon. See Cemetery Clauses Act, 1847, 10 & 11 Vict. c. 65; and BURIAL; CHURCH

YARD.

(t) 10 & 11 Vict. c. 65, ss. 27-34.