the ancient church; that so all possible care might be taken to have good order kept in all places. God. Append. 7.(1)

2. For the first six hundred years after Christ, the bishops in Who shall their own persons visited all the parishes within their respective visit. dioceses every year; and they had several deacons in every diocese to assist them. After that, they had authority in case of sickness, or other public concerns, to delegate priests or deacons to assist them; and hereupon, as should seem, they cantoned their great dioceses into archdeaconries, and gave the archdeacons commissions to visit and enquire, and to give them an account of all at the end of their visitations; and the bishops reserved the third year to themselves, to inform themselves (amongst other things) how the archdeacons, their substitutes, performed their duties. Deg. p. 2. c. 15. Johns. 151.

3. By a constitution of Otho, archbishops and bishops shall How often, go about their dioceses at fit seasons, correcting and reforming and in what the churches, and consecrating and sowing the word of life in

the Lord's field. Ath. 56.

And, regularly, the order to be observed therein is this: In a diocesan visitation, the bishop is first to visit his cathedral church; afterwards the diocese: In a metropolitical visitation, the archbishop is first to visit his own church and diocese; then in every diocese to begin with the cathedral church, and proceed thence as he pleaseth to the other parts of the diocese. Which appears from abundance of instances in the ecclesiastical records, as well of papal dispensations for the archbishop to visit without observing the said order, as of episcopal licences for the visitor to begin in other parts of the diocese than in the cathedral church. Gibs. 957.

And this sprang from the precept of the canon law, which requires, that the archbishop, willing to visit his province, shall

(1) Visitatorial power in other establishments than ecclesiastical corporations is an appointment of the founder, or by implication of law, and is not of ecclesiastical origin. Spiritual corporations are visited by the ordinary: if he is visitor as ordinary, an appeal lies to his su perior from his deprivation; but if as patron, no appeal lies. Per lord Holt, in Philips v. Bury, 2 T. R. 353. 3 Salk. 379. And see 2 Rol. 229. A motion for a mandamus to a visitor to exercise his power during a vacancy of a stall was not pressed, on lord Mansfield's saying, Whether the bishop can have a jurisdiction to determine whether a successor prebendary, or the other prebendaries, are entitled to the profits of a stall during its vacation, or whether matters of property in cathedrals can be determined otherwise than according to the course of the law of the land, is a great question; and certainly, the dean and chapter must have an opportunity to shew cause against a mandamus being issued to the bishop to exercise such a jurisdiction. The King v. the Bishop of Durham, 1 Burr. 567, 568.

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first visit the chapter of his own church, and city, and his own diocese and after he hath once visited all the dioceses of his province, it shall be lawful for him (having first required the advice of his suffragans, and the same being settled before them, which shall be put in writing that all may know thereof) to visit again; according to the order aforesaid, although his suffragans shall not assent thereunto. And the like form of visiting observed by the archbishops shall be observed also by the bishops in their ordinary visitations. Gibs. 957. (2)

By Can. 60. For the office of confirmation, it is injoined, that the bishop shall perform that office in his visitation every third year; and if in that year, by reason of some infirmity, he be not able personally to visit, then he shall not omit the same the next year after, as he may conveniently.

Upon which Dr. Gibson observeth, that by the ancient canon law, visitations were to be once a year: but it is to be noted, that those canons were intended of parochial visitations, or a personal repairing to every church; as appears not only from the assignment of procurations (originally in provisions, and afterwards in money) for the reception of the bishop; but also by the indulgence which the law grants in special cases, where every church cannot be conveniently repaired to, of calling together the clergy and laity from several parts unto one convenient place, that the visitation of them may not be postponed. From this indulgence, and the great extent of the dioceses, grew the custom of citing clergy and people to attend visitations at particular places; the times of which visitations, as they are now usually fixed about Easter and Michaelmas, have evidently sprung from the two yearly synods of the clergy, which the canons of the church required to be held by every bishop about those two seasons, to consider of the state of the church and religion within the respective dioceses: an end that is also answered by the presentments that are there made concerning the manners of the people; as they used to be made to the bishop at his visitation of every particular church. But as to parochial visitation, or the inspection into the fabrics, mansions, utensils, and [16] ornaments of the church, that care hath been long devolved upon the archdeacons ; who at their first institution in the ancient church were only to attend the bishops at their ordinations, and other public services in the cathedral: but being afterwards occasionally employed by them in the exercise of jurisdiction, not only the work of parochial visitation, but also the holding of

ge

(2) The archbishop of Canterbury never visits the diocese of London, by agreement with the bishop; in conideration whereof, if a cause arises within that diocese, and the suit is brought in the arches before the archbishop, though this is per salium, the bishop is to allow it. 3 Salk. 379.

neral synods or visitations when the bishop did not visit, came by degrees to be known and established branches of the archidiaconal office as such; which by this means attained to the dignity of ordinary, instead of delegated jurisdiction. And by these degrees came on the present law and practice of triennial visitations by bishops; so as the bishop is not only not obliged by law to visit annually, but (what is more) is restrained from it. Gibs. 958.

Lindwood says, the archdeacon, although there be not a cause, may visit once a year: but if there be cause, he may visit oftener. Nor doth it hinder, where it is said in the canon law, that he ought to visit from three years to three years; for this is to be understood so that he shall visit from three years to three years of necessity, but he may visit every year if he will. Lind. 49.

time of vi

sitation,

4. In the bishop's triennial, as also in visitations regal and Inhibition metropolitical, all inferior jurisdictions respectively are inhibited during the from exercising jurisdiction, during such visitation. And we find in the time of archbishop Winchelsey, a bishop prosecuted for exercising jurisdiction before the relaxation of the inhibition; and in archbishop Tillotson's time, a bishop suspended, for acting after the inhibition. And even matters begun in the court of the inferior ordinary (whether contentious or voluntary) before the visitation of the superior, are to be carried on by the authority of such superior. Gibs. 958.

However, it hath not been unusual, especially in metropolitical visitations, to indulge the bishops and inferior courts, in whole or in part, in the exercise of jurisdiction, pending the visitation. Thus, we find relaxations granted, pending the visitation by archbishop Abbot; and by others, an unlimited leave or commission to exercise jurisdiction, or proceed in cases, notwithstanding the visitation; and elsewhere, a leave to confirm orders, confirm, grant fiats for institution, institute, or correct, whilst the inhibition continued in other respects. Id.

After the relaxation of the inhibition, and especially in metropolitical visitations, we find not only reservations of power to rectify and punish the comperta et detecta, but also special commissions issued for that end. Id.

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5. Can. 125. All chancellors, commissaries, archdeacons, offi- Where. cials, and all others exercising ecclesiastical jurisdiction, shall appoint such meet places for the keeping of their courts, by the assignment or approbation of the bishop of the diocese, as shall be convenient for entertainment of those that are to make their appearance there, and most indifferent for their travel: And likewise they shall keep and end their courts in such convenient time, as every man may return homewards in as due season as may be.

General power of the visitor,

6. Langton. The archdeacons in their visitation shall see that the offices of the church be duly administered; and shall take an account in writing of all the ornaments and utensils of the churches, and also of the vestments and books; which they shall cause to be presented before them every year for their inspection, that they may see what have been added, or what have been lost. Lind. 50.

Account in writing] And it would be well to have the same indented one part to remain with the archdeacon, and the other with the parishioners. Lind. 50.

Utensils] That is, which are fit or necessary for use: and by these are understood all the vessels of the church of every kind. Lind. 50.

Every year] That is, every year in which they shall visit. Id. That they may see] Therefore the archdeacon ought to go to the place in person to visit, and not to send any other; which if he do, he shall not have the procurations (due upon the account of visiting) in money: but otherwise, he whom he shall send shall receive procurations for himself and his attendants in victuals. Lind. 50.

Otho. Concerning archdeacons, we do ordain, that they visit the churches profitably and faithfully; by inquiring of the sacred vessels, and vestments, and how the service is performed, and generally of temporals and spirituals: and what they shall find to want correction, that they correct diligently. And when they visit, correct, or punish crimes, they shall not presume to take any thing of any one (save only moderate procurations), nor to [18] give sentence against any persons unjustly, whereby to extort money from them. For whereas these and such like things do savour of simony, we decree, that they who do such things shall be compelled by the bishop to lay out twice as much for pious uses; saving nevertheless other canonical punishment against them. And they shall endeavour frequently to be present at the chapters in every deanry, and therein instruct the clergy (amongst other things) to live well, and to have a sound knowledge and understanding in performing the divine offices.

Athon. 52.

Chapters] That is, rural chapters. Athon. 54.

Reynolds] We enjoin the archdeacons and their officials, that in the visitation of churches they have a diligent regard to the fabric of the church, and especially of the chancel, to see if they want repair; and if they find any defects of that kind, they shall limit a certain time under a penalty within which they shall be repaired. Also, they shall inquire by themselves, or their officials, in the parishes where they visit, if there be ought in things or persons which wanteth to be corrected; and if they shall find any such, they shall correct the same, either then or in the next chapter. Lind. 53.

And their officials] Here it seemeth to be intimated, that the archdeacon's official may visit; which yet is not true, at least in his own right; yet he may do this in the right of the archdeacon, when the archdeacon himself is hindered. Lind. 53.

Sratford. Forasmuch as archdeacons and other ordinaries in their visitations, finding defects as well in the churches as in the ornaments thereof, and the fences of the churchyard and in the houses of the incumbents, do command them to be repaired under pecuniary penalties; and from those that obey not, do extort the said penalties by censures, wherewith the said defects ought to be repaired, and thereby enrich their own purses to the damage of the poor people: therefore that there may be no occasion of complaint against the archdeacons and other ordinaries and their ministers by reason of such penal exactions, and that it becometh not ecclesiastical persons to gape after or enrich themselves with dishonest and penal acquisitions, we do ordain, that such penalties, so often as they shall be exacted, shall be converted to the use of such repairs, under pain of suspension [ 19 ] ab officio, which they shall ipso facto incur, until they shall effectually assign what was so received to the reparation of the said defects. Lind. 224.

Can. 86. Every dean, dean and chapter, archdeacon, and others which have authority to hold ecclesiastical visitations by composition, law, or prescription, shall survey the churches of his or their jurisdiction, once in every three years, in his own person, or cause the same to be done; and shall from time to time within the said three years certify the high commissioners for causes ecclesiastical, every year, of such defects in any the said churches, as he or they do find to remain unrepaired, and the names and surnames of the parties faulty therein. Upon which certificate we desire the said high commissioners will ex officio mero send for such parties, and compel them to obey the just and lawful decrees of such ecclesiastical ordinaries making such certificates.

Note, since the making of these canons, the high commission court was abolished by act of parliament. (3)

7. In the year 1626, Mr. Huntley, rector of Stourmouth, was Visitation required by Dr. Kinsley, archdeacon of Canterbury, to preach a sermon. visitation sermon; which he refused. And being cited before the high commissioners, it was urged, that he was bound to the performance of that office in pursuance of the archdeacon's mandate, by virtue of his oath of canonical obedience. He answered, that he was not a licensed preacher, according to the canons of 1603; and especially, that he was not bound thereunto by his

(3) And never again to be erected. 16 Car. 1. c. 11. § 3. 1.W.& M. st. 2. c. 2.