4.29

[Church-Building Acts and Commissioners.]

this act, out of any money in their hands arising out of exchequer bills issued to them under the provisions of the hereinbefore recited acts of the fifty-eighth year of the reign of his late majesty King George the Third and of the fifth year of the reign of his late majesty King George the Fourth, or either of them."-ED.]

Clerk of the Parish-See Parish Clerk.
Cluniacks-See Monasteries.

[ 430

Coadjutor.

IN cases of any habitual distemper of the mind, whereby the incumbent is rendered incapable of the administration of his cure, such as frenzy, lunacy, and the like, the laws of the church have provided coadjutors. Of these there are many instances in the ecclesiastical records, both before and since the Reformation; and we find them given generally to parochial ministers (as most numerous), but sometimes also to deans, archdeacons, prebendaries, and the like; and no doubt they may be given in such circumstances, at the discretion of the ordinary, to any ecclesiastical person having ecclesiastical cure and revenue (o). In the decretal of Gregory, a coadjutor is directed to be given to a rector afflicted with leprosy; also to an archdeacon, who from a paralytic complaint had lost the use of speech (p).

The powers conveyed at first, in general terms, the office of a coadjutor, and then, in particular, the looking after the cure, and receiving of the profits, and the discharging of the burthens; with an obligation to be accountable to the ordinary when called upon. But the article of looking after the cure seemeth to be a late clause; there being no more in the ancient appointments of this kind, even since the Reformation, than the administration of the revenues; which therefore exactly answers to the powers which were given to the coadjutors of bishops, who were appointed only to take care of the temporalties. And as there, the spiritual part was committed by the metropolitan to a bishop suffragan; so here it was committed by the diocesan to a curate duly licensed. Not but the office of coadjutor to an incumbent was always committed to a clergyman; who therefore, if not engaged in another cure, might be content to take upon him the spiritual part also, and have it accordingly committed to him by the bishop: but this was no (0) Gibs. 901. (p) X. 3, 6, 6. See title Bishop.

part of the office of a coadjutor, as such; which, in the case of presbyters as well as bishops, did anciently relate to the temporalties only (q).

In the reign of Elizabeth, the Court of Wards had committed the person and revenues of a lunatic incumbent, to a layman who was his near relation. Against this, Archbishop Whitgift objected, as an encroachment upon the ecclesiastical jurisdiction; and proved the charge by divers testimonies out of the records of Canterbury and London; whereby it appeared, that this had always been a care belonging to the governors of the church. And the person to whom the custody had been committed, being cited to answer the allegations of the archbishop, and alleging nothing to the contrary, the court thereupon made the following declaration :"This court hath not any power or jurisdiction, to intermeddle or commit the spiritual or ecclesiastical livings or possessions of any spiritual person that is lunatic or non [431 ] compos mentis; but the same resteth in the ecclesiastical magistrates, to appoint and dispose, as formerly hath been accustomed. But for his moveable goods, and temporal possessions, the court will further consider thereof, and give such order as therein shall appertain." In pursuance of which declaration, the archbishop committed the administration of the spiritual revenues to a clergyman, under the style of coadjutor; and did afterwards, by a separate instrument, commit the custody of the lunatic to the person who had been appointed for the whole care by the court of wards (r).

As in the time of Archbishop Abbot we find the commission of a coadjutor explained and enforced by special rules and orders to be observed between the minister and his coadjutor, in point of profits, &c.; so in the time of Archbishop Sancroft, we first find a bond also given by the coadjutor for a faithful account to be made to the ordinary or other spiritual judge to be appointed by him (s).

[The learned Bingham thus describes coadjutors: "These were such bishops as were ordained to assist some other bishops in case of infirmity or old age, and were to be subordinate to them as long as they lived, and succeed them when they died (t)."-ED.]

Codicil — See Wills.
Collation- See Benefice.

(g) Gibs. 901, 902.

Gibs. 902.

(s) Gibs. Cod. 902.

(t) [See Bingham's Orig. Eccles. b. 2, c. 13, s. iv. for the cases of coadjutors. See also the case of Dr. Moun

VOL. I.

tain, Bishop of Montreal, under title
Church in the Colonies, p. 415 vvvv,
and under title Church in Ireland
the Act enabling Irish Bishops and
Archbishops to appoint Coadjutors,
p. 415 gg.-ED.]

TT

Colleges (u) [and Universities (@).]

Dr. Burn's

CIN the following chapter (y) the general plan of this work arrangement. has been adhered to, by the adoption of Dr. Burn's arrangement, and, in accordance with it, the two titles of College and University are treated of jointly, and to a certain de

gree without sufficient reference to the distinctions between them. These distinctions, however, must not be overlooked by any one who wishes to become master of either of the subjects, as will be apparent from even a hasty glance at the origin of these two classes of institutions.

Origin of

Oxford and
Cambridge.

Faculties.

Degrees.

[According to the generally received opinion (z), the first authentic records of the universities of Oxford and Cambridge belong to the twelfth century (a): they seem in their origin to have been voluntary associations (b) of the clergy, for the purpose of promoting the study of whatever arts and sciences were then known to western Europe. Limited in the first place, probably, to one or two branches of knowledge, they gradually came to include distinct Faculties, (c) of arts, medicine, law and theology,-the latter being justly considered the ultimate object of the human intellect. By a similar process, the voluntary acknowledgment of merit passed into formal recognitions of it by Degrees; while the Church, within whose bosom, and from the concourse of whose members the institutions had sprung up, silently incorporated them into her system, subjected them to her discipline, and gave authority and universal reception to their honorary distinctions (d).

(z) [It has been said (note r), that it is not easy to assign a particular date to the origin of the common use of the word "University," in the restricted sense which it now bears. But it seems certain that the titles of "Schola" and "Studia" are more ancient, and that the term "Universitas," according to the older civil and canon law, merely denotes a collective or corporate body, without respect to the elements of which it is composed, or the objects for which it exists.

[Discussions upon the use of the word will be found in the general works already referred to. See also Calvin, Lexicon Juridicum, in verb.; Co. Lit. 250 a; Lyndwood, pp. 285 -299, ed. Oxon; Bodin de Republicâ, lib. 3, c. 7, and particular illustrations, 3 Wilkins' Concilia, p. 144; Rymer's Fodera (Hague edit.), vol. ii. pt. 1, pp. 5-139-150, &c.; Riley, Plac. 534; Ayliffe's Present State, &c. vol. ii. app. p. xvii.-ED.]

(a) [By the edict of Charlemagne, schools were attached to every cathedral and monastery, see title Schools. Thomassin, part 2, 1. 1, c. 101, s. 1, remarks, "Ruente Caroli Magni stirpe et imperio collapsa dilapsaque sunt et hæc clericorum et vitae communis collegia &c. defluxisset clerus in altissimas ignorantiæ tenebras, nisi imminenti ei calamitati obviassent publicæ scholæ et universitates;" and in another place he uses the remarkable words "in eo quasi cleri vestibulo" for the schools of the cloister,

and sect. 3, "nec tamen dissimulabimus ab Episcopis ipsa prima jacta fundamenta scholarum publicarum et universitatum hâc extremâ ætate quam ab Hugonis Capetii regno auspicamur;" and again, sect. 7, "Nec plura accumulari necesse jam est ut constet universitates ab iis manasse scholis quæ in Ecclesiis ante cathedralibus effulserant,' &c. Abelard, in the letter containing the history of his misfortunes, speaks more than once of schools "juxta claustrum ecclesiæ Parisiensis."-ED.]

(b) [Thomassin says, that the only "seminaria" existing A. D. 1000, were "cœnobia monachorum vel canonicorum regularium aut universitates," part 2, 1. 1, c. 102, s. 1. See also Dyer's History of the University of Cambridge, p. 138 and 55. A mother cathedral church with its officers and dependent churches, and a mother abbey with its dependent religious houses, was called "universitas." Calvin, in his Lexicon Juridicum (citing the canon law), says, "Collegium, corpus, universitas, conventus, idem sæpe significant."-ED.]

(c) [Bulæus defines "Facultas" "Corpus et sodalitium plurium magistrorum certæ alicui disciplinæ addictorum." Hist. Univ. Paris. t. i. p. 251 ED.]

(d) [The catholicity of the degrees of any university are said to have been the results of the confirmation of them by the Pope. See Malden's Univ. p. 21.-ED.]