monasteries, where they practised their except it is attached to any university rule; the secular canons were persons office, cannot be held by a person who living indeed a religious life, or one ac- has not been six years in priest's orders. cording to some prescribed Christian The term of residence fixed by the act for form and order, but who nevertheless each canon three months in the year mixed more or less with the world, and at the least. The act suspends a great discharged the various offices of Christi- number of canonries, and limits the numanity for the edification of the laity. ber to be held in future. The number This was the species of canons that are suspended in the chapters of Canterbury, found in the cathedral churches, or in Durham, Worcester, and Westminster, is other churches called conventual, as at six each; Windsor, eight; Winchester, Southwell in Nottinghamshire, which seven ; Exeter, three; Hereford, one; were all churches of very antient founda- and two each in the other cathedral chaption, the centres of Christianity through- ters. The profits of the suspended caout an extensive district. There they nonries are vested in the Ecclesiastical lived a kind of monastic life under the Commissioners. The suspension of a capresidency generally of a bishop; but nonry may be removed under special eirwent out occasionally to introduce Chris- cumstances, and in the manner provided by tian truth into districts into which it had the act. The future number of canonries not before penetrated, or to instruct the is fixed at six each for the chapters of persons lately received into the church, Canterbury, Durham, Ely, and Westand to perform for them the various minster; five each for Winchester and ordinances of Christianity. As parish Exeter; and four each for the other cachurches arose, the necessity for such thedral or collegiate churches of England; visits from the canons in the cathedral and two each for St. David's and Llanchurches was diminished. But the insti- daff. The act increased the canonries of tution remained: it was spared at the the chapters of Lincoln, and St. Paul's, Reformation, and continues to the present London, to four. The number of minor day. These canons are soinetimes called canonries is not to exceed four, nor be prebendaries, a name derived from their less than two, for each cathedral or colbeing endowed with land or tithe, as legiate church, and the salaries are to be many of them are to a greater or less not less than 1501. Minor canons are not extent, which endowment is called a pre- to hold any benefice beyond six miles bend. [PREBEND.] The canons have from their cathedral church. The castalls in the cathedral churches, which nonries are in the gift of the archbishops are generally called prebendal stalls. and bishops respectively, but the three They form the chapter in the expression canons of St. Paul's, London, are apthe dean and chapter, and are still no- pointed by the crown. The minor canons minally what they actually once were, are appointed by the respective chapters. the council of the bishop for the adminis- | In some cases it is provided that archtration of the affairs of his diocese. deaconries shall be annexed to canonries.

The act 3 & 4 Vict. c. 113, enacted that The act also provided for the annexing of henceforth all the members of chapter, two canonries of Christchurch, Oxford, except the dean, in every collegiate church to two new professorships in the uniin England, and in the cathedral churches versity ; for annexing two of the canonof St. David and Llandaff, should be styled ries of Ely to the regius professorships of canons. By this the term canon is to Hebrew and Greek at Cambridge; for be applied to every residentiary member annexing two canonries of Westminster of chapter except the dean, heretofore to the rectories of St. Margaret's and St. styled either prebendary, canon, canon- John's, in the city of Westminster; and residentiary, or residentiary; and the for founding honorary canonries in every term “minor canon” includes every vicar, cathedral church in England, in which vicar-choral, priest-vicar, and senior vicar, there were not already founded any nonbeing a member of the choir in any ca- residentiary prebends, dignities, or offices. thedral or collegiate church. A canonry, The honorary canons are entitled to stalls, and their number in each cathedral | received the sanction of the Emperor church is limited to twenty-four, who are Justinian, A.D. 545. (Novel. 131, cap. appointed by the archbishops and bishops 1.) The chapter referred to, after conrespectively. This honorary preferment | firining the decrees of the four councils, may be held with two benefices. Doubts adds, “ we receive the doctrines of the having been entertained as to the cathe- aforesaid holy synods (i.e. councils) as dral churches in which honorary canon- the divine Scriptures, and their canons ries were to be founded, it was enacted in we observe as laws." Collections of these 4 & 5 Vict. c. 39, that such cathedral canons were made at an early period. churches were to be those of Canterbury, The most remarkable of these collections, Bristol, Carlisle, Chester, Durham, Ely, and that which seems to have been most Gloucester, Norwich, Oxford, Peterbo generally received, is the Codex Canonum, rough, Ripon, Rochester, Winchester, and which was compiled by Dionysius ExWorcester; and the collegiate church of liguus, a Roman monk, A.D. 520. This Manchester, so soon as the same should body of constitutions, together with the become a cathedral church. The hono- capitularies of Charlemagne and the rary canons have no emolument, nor any decrees of the popes from Siricius (A.D. place in the chapter ; but the patronage of 398) to Anastasius IV. (A.D. 1154), chapters is restricted, and the canons, formed the principal part of the canon minor canons, and honorary canons are law until the twelfth century. The power included amongst the persons to whom of the popes was then rapidly increasing, vacant benefices in the gift of the chapter and a uniform system of law was required must be presented.

for the regulation of ecclesiastical matFrom canon is formea canonical, which ters occurs in many ecclesiastical terms, as This necessity excited the activity of canonical hours, canonical sins, canonical the ecclesiastic lawyers. After some punishment, canonical letters, canonical minor compilations had appeared, a colobedience, and canonical scriptures. The lection of the decrees made by the popes canonical scriptures are the usually re- and cardinals was begun by Ivo, Bishop ceived books of the Old and New Testa- of Chartres, A.D. 1114, and perfected by

Gratian, a Benedictine monk, in the year CANON LAW, a collection of ecclesi- 1150, who first reduced these ecclesiastical astical constitutions for the regulation of constitutions into method. The work of the Church of Rome, consisting for the Gratian is in three books, arranged and most part of ordinances of general and digested into titles and chapters in imitaprovincial councils, decrees promulgated tion of the Pandects of Justinian, and is by the popes with the sanction of the car. entitled •Concordia discordantium Canodinals, and decretal epistles and bulls of num,' but is commonly known by the the popes. The origin of the canon law name of Decretum Gratiani.' It comis said to be coeval with the establishment prises a series of canons and other eccleof Christianity under the apostles and siastical constitutions from the time of their immediate successors, who are sup- Constantine the Great, at the beginning posed to have framed certain rules or of the fourth, to that of Pope Alexander canons for the government of the church. III., at the end of the twelfth century. These are called the apostolical canons; The decretals, which were rescripts or and though the fact of their being the work letters of the popes in answer to questions of the apostles does not admit of proof, of ecclesiastical matters submitted to there is no doubt that they belong to a them by private persons, and which had very early period of ecclesiastical history: obtained the authority of laws, were first

These rules were subsequently enlarged published A.D. 1234, in five books, by and explained by general councils of the Raimond de Renafort, chaplain to Pope church. The canons of the four councils Gregory IX. This work, which consists of Nice, Constantinople, Ephesus, and almost entirely of rescripts issued by the Chalcedon (which were held at different later popes, especially Alexander III., umes in the fourth and fifth centuries), | Innocent ill., Honorius III., and Gre


gory IX. himself, forms the most essential provide for a case, to adopt the rules that part of the canon law, the Decretum of prevailed in those of the other. Gratian being comparatively obsolete. The main object of the canon law These decretals comprise all the subjects was to establish the supremacy of ecwhich were in that age within the cogni- clesiastical authority over the temporal zance of the ecclesiastical courts, as the power, or at least to assert the total inlives and conversation of the clergy, ma- dependence of the clergy upon the laity. trimony and divorces, inquisition of cri- The positions, that the laws of laymen minal matters, purgation, penance, ex. cannot bind the church to its prejudice, communication, and the like. To these that the constitutions of princes in relation five books of Gregory, Boniface VIII. to ecclesiastical matters are of no authoadded a sixth (A.D. 1298), called • Sextus rity, that subjects owe no allegiance to an Decretalium,' or the Sext,' which is itself excommunicated lord, are among the divided into five books, and forms a sup- most prominent doctrines of Gratian's plement to the first five books, of which Decretum and the decretals. The enit follows the arrangement. The Sext croachments of the church upon the tem. consists of decisions promulgated after poral power were never encouraged in the pontificate of Gregory IX. The Cle- England. The doctrines of passive obementines, or Constitutions of Clement V., dience and non-resistance, inculcated by were published by him in the council of the decretals, were not likely to be reVienna (A.D. 1308), and were followed lished by the rude barons who composed (A.D. 1317) by those of his successor, the parliaments of Henry III. and EdJohn XXII., called Extravagantes Johan- ward I. Accordingly we find that this nis. To these have since been added some system of law never obtained a firm footdecrees of later popes, arranged in five ing in this country: and our most emibooks after the manner of the Sext, and nent lawyers have always shown great called Extravagantes Communes. All unwillingness to defer to its authority. these together, viz. Gratian's Decree, the It is observed by Blackstone (Com. i. Decretals of Gregory IX., the Sext, the p. 80) that “all the strength that either Clementines, and the Extravagants of the papal or imperial laws have obtained John XXII. and his successors, from in this realm is only because they have what is called the Corpus Juris Canonici, been admitted and received by immemoor body of canon law. Besides these, the rial usage and custom in some particular institutes of the canon law were compiled cases and some particular courts; and by John Launcelot, by order of Paul IV., then they form a branch of the leges non in the sixteenth century; but it appears scripta, or customary laws; or else, befrotu the author's preface that they were cause they are in some other cases intronever publicly acknowledged by the duced by consent of parliament, and then popes. In 1661 there was published a they owe their validity to the leges scripta, collection of the decretals of different or statute law.” There was indeed a kind councils, which is in some editions of the of national canon law, composed of legaCorpus Juris Canonici, but this likewise tine and provincial constitutions, adapted has never received the sanction of the to the necessities of the English Church. Holy See.

Of these the former were ecclesiastical The introduction of this new code gave laws enacted in national synods held rise to a new class of practitioners, com- under the cardinals Otho and Othobon, mentators, and judges, almost as nume- legates from Pope Gregory IX. and Clerous as those who had devoted themselves ment IV. in the reign of Henry III. to the study and exposition of the civil The provincial constitutions were the law, from which they looked for aid in decrees of provincial synods held under all cases of difficulty and doubt. In fact, divers archbishops of Canterbury, from the two systems of law, though to a cer- Stephen Langton, in the reign of Henry tain extent rivals, became so far entwined, III., to Henry Chichele, in the reign of that the tribunals of the one were accus- Henry V., and adopted also by the protomed, wherever their own law did not vince of York in the reign of Henry VI. (Blackstone, Com. i. p. 83; Burn's Eccl. , entirely upon custom ; but the custom in Law, Preface.)

the case of the universities derives addiWith respect to these canons it was, at tional support from the acts of parliament the time of the Reformation, provided by which confirm the charters of those bodies. stat. 25 Henry VIII. c. 19 (afterwards | They are all subject to the control of the repealed by i Philip and Mary, c. 8, but courts of common law, which assume the revived by 1 Eliz. c. 1), that they should exclusive right of expounding all statutes be reviewed by the king and certain com- relating to the ecclesiastical courts, and missioners to be appointed under the act, will prohibit them from going beyond but that, till such review should be made, the limits of their respective jurisdictions; all canons, constitutions, ordinances, and and from all of them an appeal lies to the synodals provincial, being then already king in the last resort. made and not repugnant to the law of the Before the Reformation, degrees were land or the king's prerogative, should as frequent in the canon law as in the still be used and executed. No such civil law. Many persons became gradoreview took place in Henry's time; but ates in both, or juris utriusque doctores : the project for the reformation of the and this degree is still common in foreig canons was revived under Edward VI., universities. But Henry VIII., in the and a new code of ecclesiastical law was twenty-seventh year of his reign, issued a drawn up under a commission appointed mandate to the university of Cambridge, by the crown under the stat. 3 & 4 to the effect that no lectures on canon law Edward VI. c. 11, and received the name should be read, and no degrees whatever of Reformatio Legum Ecclesiasticarum. in that faculty conferred in the university The confirmation of this was prevented for the future. (Stat. Acad. Cantab., by the death of the king, and though the 137.) It is probable that Oxford received project for a review of the old canons was a similar prohibition about the same renewed in the reign of Elizabeth, it was time, as degrees in canon law have ever soon dropped, and has not been revived. since been discontinued in England.

The result is, that so much of the The decree of Gratian and the Decre English canons made previously to the tals are usually cited not according to stat. of Henry VIII. as are not repugnant book and title, but by reference to the to the common or statute law, is still in first word of the canon, which renders it force in this country. It has, however, necessary for the reader to consult the been decided by the Court of King's alphabetical list of the canons, in order Bench that the canons of the convocation to find out the book, title, and chapter, of Canterbury, in 1603 (which, though under which the canon he wishes to conconfirmed by King James I., never received sult is to be found. the sanction of parliament), do not (except CAPACITY, LEGAL. [AGE; INso far as they are declaratory of the Sanity.] antient canon law) bind the laity of these CAPITAL is a term used in comrealms. (Middleton v. Croft ; Strange's merce to express the stock of the merReports, 1056.) It was, however, admitted chant, manufacturer, or trader, used in by Lord Hardwicke, in delivering judg- carrying on his business, in the purchase ment in this case, that the clergy are bound or manufacture of commodities, and in by all canons which are confirmed by the the payment of the wages of labour; and king. [CONSTITUTIONS, ECCLESIASTICAL.] is understood not only of money, but of

There are two kinds of courts in Eng- buildings, machinery, and all other mateland, in which the canon law is under rial objects which facilitate his operations certain restrictions used. 1. The courts in trade. The term itself and the pracof the archbishops and bishops and their tical qualities and uses of capital are officers, usually called in our law Courts sufficiently understood in this its comChristian, Curiæ Christianitatis, or ec- | mercial sense; but it is the object of the clesiastical courts. 2. The courts of the present article to treat of capital in a two universities. In the first of these, more extended form, as within the prothe reception of the canon law is grounded | vince of political economy, and embracing

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not only the capital of particular indivi- , fere with its apparent simplicity. As yet duals, but the entire capital of a country. no distinction has been noticed, either in In this latter sense, capital may be de- the original definition of capital or in the fined as the products of industry possessed succeeding explanation of its causes, bety the community, and still available for tween those parts of the products of lause only, or for further production. bour which are reserved for the repro

To consider capital in all its relations duction of other commodities, and those to the material interests of man, to the parts which are intended solely for use increase of population, the employment or consumption. These two classes of and wages of labourers, to profits and products have been divided by Adam rent, it would be necessary to travel over Smith and others into capital and rethe entire range of political economy; but venue ; by which division all products this article will be confined to the follow- are excluded from the definition of caing points .-1. The origin and growth of pital unless they be designed for aiding capital. II. Its application and uses. in further production. The impropriety

1. Capital is first called into existence of this distinction, however, has been by the natural foresight of man, who even pointed out by Mr. M'Culloch (“Princiin a savage state discerns the advantage ples of Political Economy,' p. 97), and it of not immediately consuming the whole does not appear that any such division of produce of his exertions in present grati- the stock of a country is founded on fication, and stores up a part for his future a proper distinction. How can its fusubsistence. The greater proportion of ture application be predicated ?. The mankind possess this quality, and those fund exists, and so long as it is not who do not possess it are admonished of sent abroad or consumed it must be its value by privation. In civilized life regarded as capital. The whole of it there are many concurrent inducements may be made available for further proto accumulate savings; of which the most duction, or the whole may be consumed general are—the anxiety of men to pro- in present enjoyment; but no part is vide for their families and for themselves separable from the rest by an arbitrary in old age; social emulation, or their de- classification. A man may choose, heresire to substitute the manual labour of after, to spend all his savings in drinking others for their own, and of advancing spirits and frequenting the theatres ; or themselves from one grade to another in he may carefully lay them aside for the society; and a love of ease and luxury, employment of a labourer in some prowhich can only be purchased by present fitable work: but in either case the stock sacrifices.

has the same capacity for production A desire to accumulate some portion of while in the possession of the owner. the produce of industry being thus na- These different modes of expending tural to mankind and nearly universal, capital produce very distinct results, the growth of capital may be expected both as regards the interests of the indiwherever the means of accumulation vidual and of society, which will be exist; or, in other words, wherever men examined under the second division of are not obliged to consume the whole pro- this article, where the application and ducts of their labour in their own subsist- uses of capital are considered; but here ence. From the moment at which a it must be observed that the accumulation man produces more than he consumes, he of capital proceeds slowly or rapidly in is creating a capital ; and the accumulated proportion as one or other of these modes surplus of production over the consump- of expenditure is most prevalent. If tion of the whole community is the capital men habitually consumed or wasted all the of a country.

results of their industry, it is obvious that Thus far the origin and growth of the effect of such conduct would be precapital are perfectiy intelligible ; but in cisely the same to themselves, in preventorder to understand completely the pro- | ing accumulation, as if they were unable to gress of accumulation, it will be necessary earn anything more than was absolutely to advert to certain matters which inter- | necessary for their support. It is true that

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