has been granted are those where trustees | or mortgagees die without heirs or leaving infant heirs, or where trustees are out of the jurisdiction, or refuse to convey property to the persons beneficially entitled to it. In these, and many similar cases, the court is empowered, upon petition of the parties beneficially interested, to direct a conveyance or assignment of the property held in trust or on mortgage by the infant, or in case of a trustee having died without heirs, or being out of the jurisdiction of the court, or refusing to convey, to appoint some other person to convey in his place. The principal statutes relating to this branch of the jurisdiction of the court are, 1 Wm. IV. c. 47, 1 Wm. IV. c. 60, 1 Wm. IV. c. 65, 4 & 5 Wm. IV. c. 23, 5 & 6 Wm. IV. c. 17.

The stat. 52 G. III. c. 101 gives the court a summary jurisdiction in cases of abuse of charitable trusts. The court also appoints guardians for infants upon petition merely.

The jurisdiction exercised in Chancery over infants and charities is partly derived from the general equity jurisdiction, and partly from acts of parliament. (As to the origin of the jurisdiction over infants, see Coke upon Litt., by Hargrave, 88 b. n. 16; 2 Fonbl. on Eq., p. 226, 232.)

The jurisdiction over infants is exercised principally in directing maintenance to be given them out of the property which they will enjoy on attaining their full age; in appointing and controlling guardians of them; and in providing suitable marriages for them.

It has chiefly respect to actions by or against any officer or minister of the Chancery, and to judicial proceedings respecting the acts of the king, when complained of by a subject. 3 Blackstone, Com. 48.

court will have the issues tried by jury, and give judgment in the actions: and, from a judgment on demurrer in this court, it is said that a writ of error lies to the Court of King's Bench.

To the common law jurisdiction of the Court of Chancery belongs the power of issuing certain writs; particularly the writ of habeas corpus, and the writs of certiorari and prohibition, for restraining inferior courts of justice from assuming unlawful authority. (1 Madd. Chanc. 17, &c.)

The place where the common law jurisdiction of the Court of Chancery is exercised is the petty bag office; which is kept solely for this purpose. No part of the equity business of the Court of Chancery is carried on there.

The Court of Chancery, in respect of its common law jurisdiction, is said to be a court of record, which, as a court of equity, it is not. (Spelm. Gloss. 3 Bl. Com. 24.)

"In this ordinary or legal court," says Blackstone (vol. iii. 49), “is kept the officina justitiæ, out of which all original writs that pass the great seal, all letters patent, and all commissions of charitable uses, bankruptcy, sewers, idiotcy, lunacy, and the like do issue." The issuing of original writs, however, is now un frequent. These writs, which were formerly the foundation of all actions in the courts of law at Westminster, have, with few exceptions, been abolished by recent statutes. Commissions of bankruptcy also are now never issued, owing to the late alterations in the bankrupt law. [BANKRUPT.]

In actions depending in the Court of Chancery by virtue of its common law jurisdiction, the court has no power to try issues of fact. For this purpose the record of the pleadings must be delivered to the Court of King's Bench, and that

these courts the appeal is immediately to the House of Lords.

There are Chancery Courts in some of the states which compose the North American Union.

CHANCERY, INNS OF. [INN.] CHANTRY (Cantária, in the middle age Latin), a private religious foundation, of which there were many in England before the Reformation, established for the purpose of keeping up a perpetual succession of prayers for the prosperity of some particular family while living, and the repose of the souls of those members of it who were deceased, but especially of the founder and other persons named by him in the instrument of foundation. The French word Oratoire appears to correspond to chantry.

Chantries owed their origin to the opinion once generally prevalent in the Christian church of the efficacy of prayer in respect of the dead as well as the living. Among the English, it prevailed in all ranks of society. The inscriptions upon the grave-stones of persons of ordinany condition in the times before the Reformation almost always began with "Orate pro animâ," "Pray for the soul," which was an appeal to those who resorted to the churches to pray for the soul of the person who slept below. Princes and persons of great wealth, when they founded monasteries, included amongst the duties of the religious for whose use they gave them, that they should receive in them their bodies, and for ever make mention of them in their daily services. When a taste for founding monasteries declined, which may be referred to about the close of the twelfth century, the disposition to secure the same object, by the foundation of chantries, began to prevail extensively in the better classes of society, and it continued to the Reformation, when all such foundations were swept away as superstitious.

A chantry did not necessarily require

great cathedral or conventual churches, but very frequently the common parish church. All that was wanted was an altar with a little area before it and a few appendages; and places were easily found in churches of even small dimensions in which such an altar could be raised without interfering with the general purposes for which the churches were erected. An attentive observation of the fabric of the parish churches of England will often show where these chantries have been; in some churches there are perhaps small remains of the altar, which was removed at the Reformation, but the traces of them are seen more frequently in one of those ornamented niches called piscinas, which were always placed near the altars. Sometimes there are remains of painted glass which was once the ornament of these private foundations, and more frequently we see one of those arched recesses in the wall which are called Founders' Tombs, and which in many instances no doubt were the tombs of persons to whose memory chantries had been instituted.

In churches which consisted of only nave and chancel with side aisles, the eastern extremities of the north and south aisles were often seized upon for the purpose of these foundations; in the larger churches, in which the ground-plan resembles the cross on which the Saviour suffered, the transverse beams (transepts) were generally devoted to the purpose of these private foundations. In the great conventual churches and the churches of monasteries, it would appear as if provision was often made for these private chantries in the original construction, each window that looks eastward being often made to light a small apartment just sufficient to contain an altar and a little space for the officiating priest.

It was by no means unusual to have four, five, or six different chantries in a common parish church in the great churches, such as old St. Paul's in London, the Minster at York, and other ecclesiastical edifices of that class, there were at the time of the Reformation

thirty, forty, or fifty such foundations. When the church allowed no more space for the introduction of chantries, it was usual for the founders to attach little chapels to the edifice. It is these chantry chapels, the use and occasion of which are now so generally forgotten, which occasion so much of the irregularity of design which is apparent in the parish churches of England. They were generally erected in the style of architecture which prevailed at the time, and not in accommodation to the style of the original fabric.

When chapels were erected for the especial purpose of the chantries, they were usually also the places of interment of the founder and his family, whence we sometimes find such chapels belonging, even to this day, to particular families, and adorned with monuments of many generations. One of the most beauful chapels of this kind is in the little village of Sandal, a few miles from Doncaster, the foundation of Rokeby, archbishop of Dublin, who died in 1521. The church of Sandal being small, afforded no scope for the design of this magnificent prelate. Having determined that this should be the place of his interment, he erected a chapel on the north side of the choir, open, however, to the church on one side, being separated from it only by open wainscot. On entering it by the door the whole economy of one of these chapels is manifest. Under the window looking eastward an altar has stood; the piscina on the right remains. On each side of the east window is a niche where once, no doubt, stood an effigies of a saint whom the archbishop held in peculiar honour. In the centre is a brass indicating the spot in which the body of the prelate lies; and in the north wall is a memorial of him, having his arms and effigies, with an inscription setting forth his name and rank and the day of his decease, with divers holy ejaculations. The stone and wood work have been wrought with exquisite care, and the windows appear to have been all of painted glass. The Beauchamp chapel at Warwick contains the very fine monument and effigy of Richard de Beauchamp, Earl of Warwick, who died in 1439.

Sometimes chantries were established in edifices remote from any church, a chapel being erected for the express purpose.

In chantries of royal foundation, or in chantries founded by the more eminent prelates or barons, the service was conducted sometimes by more than one person. But usually there was only one officiating priest. The foundation deeds generally contain a specification of his duties, which consisted for the most part in the repetition of certain masses: but sometimes the instruction of youth in grammar or singing, and the delivering pious discourses to the people, made part of the duty of the chantry priests. They also contain an account of the land settled by the founder for the support of the priest. The names of the persons whom he was especially to name in his services are set forth, as well as the mode of his appointment and the circumstances in which he might be removed. Generally the king was named together with the founder and members of his family. This, it was supposed, gave an additional chance of the foundation being perpetuated. The king's licence was generally obtained for the foundation.

In many towns and country places there are ancient houses called chantry houses, or sometimes chantries, or colleges, which were formerly the residence of the chantry priests, and when called colleges they were the places where they lived a kind of collegiate life. These, as well as all other property given for the support of the chantry priests, were seized by the crown and sold to private persons, when by an act passed in the first year of King Edward VI. cap. 14, all foundations of this kind were absolutely suppressed and their revenues given to the king. An account had been taken a few years before of all the property which was settled to these uses, by the commissioners under the act 26 Hen. VIII. cap. 2, whose returns form that most important ecclesiastical document the Valor Ecclesiasticus' of King Henry VIII. Valor' has been published by the commissioners on the Public Records' in five volumes folio.

The

The act of Edward VI. gave the king

all the colleges, free chapels, chantries, hospitals, fraternities or guilds, which were not in the actual possession of King Henry VIII. to whom the Parliament in the thirty-seventh year of his reign had made a grant of all such colleges, &c., nor in the possession of King Edward. The preamble of the act of Edward states that the object of the act was the suppression of the superstitions which such foundations encouraged, and the amendment of such institutions, and the converting them to good and godly uses, as for the erection of grammar-schools, and for augmenting of the universities, and better provision for the poor and needy. But this act was much abused, as the act for dissolving religious houses in King Henry VIII.'s reign had been, and private persons got most of the benefit of it. The money was not only not appropriated as it ought to have been, but both many grammarschools and much charitable provision for the poor were taken away under the act. As already observed, the teaching of youth was sometimes one of the duties of the chantry priests, and it is probable that wherever there was a school and a chantry provided by the same foundation, the existence of the chantry was made a pretext for suppressing the whole endowment. Thus at Sandwich, in Kent, the chantry of St. Thomas was suppressed. One of the priests of this chantry was Sound to teach the children of Sandwich to read. The citizens, feeling the loss of their school, raised money by subscription for making a new school, and Roger Manwood, afterwards chief baron of the Exchequer, was at the head of the subscription. This is the origin of the present free grammar-school of Sandwich. (Journal of Education, vol. x. p. 63.) King Edward founded a considerable numher of grammar-schools, and the endowments were for the most part out of tithes formerly belonging to religious houses, or out of chantry lands given to the king in the first year of his reign. These schools are now generally called King Edward VI.'s Free GrammarSchools; and many of them, such as Birmingham for instance, are now well endowed in consequence of the improved value of their lands. (Strype. Ecclesias

tical Memoirs, ii. 101-103, ii. 423, iii. 222, vi. 495.)

CHAPEL (in French, chapelle; in Latin, capella), a word common to many of the languages of modern Europe, and used to designate an edifice of the lower rank appropriated to religious worship.

In England it has been used to desig nate minor religious edifices founded under very different circumstances and for different objects.

1. We have a great number of rural ecclesiastical edifices, especially in the north of England, where the parishes are large, which are not, properly speaking, churches, ecclesiæ, though they are sometimes so called, but are chapels, and not unfrequently called parochial chapels. Most of them are of ancient foundation, but still not so ancient as the time when the parochial distribution of England was regarded as complete, and the right to tithe and offerings was determined to be. long to the rector of some particular church. In the large parishes a family of rank which resided at an inconvenient distance from the parish church would often desire to have an edifice near tc them, for the convenience of themselves and their tenants. On reasonable cause being shown, the bishop would often yield to applications of this kind; but in such cases he would not suffer the rights of the parish church to be infringed; no tithe was to be subtracted from it and given to the newly erected foundation, nor was that foundation to be accounted in rank equal to the older church, or its incumbent otherwise than subordinate minister to the incumbent of the parish church. But the bishop generally, perhaps always, stipulated that there should be an endowment by the founder of such an edifice. Frequently in edifices of this class there was the double purpose of obtaining a place of easier resort for religious worship and ordinances, and a place in which perpetual prayers might be offered for the family of the founder. [CHANTRY.] Others of these rural chapels were founded by the parishioners. The population of a village, which lay remote from the cnarch of the parish within whose limits it was included, would increase, and

thus the public inconvenience of having to resort to the parish church on occasion of christenings, churchings, marriages and funerals, besides the services on the festivals, become great; they would therefore apply to the bishop in petitions, many of which are in the registers of the sees, setting forth the distance at which they lived, the impediments, constant or occasional, in the way of their ready resort to their parish church, as want of good roads, snow, the rising of waters, and the like, on which the ordinary would grant them the leave which they desired, reserving, however, as seems almost always to have been the case, whatever rights and emoluments had beforetime belonged to the parish church. In the parish of Halifax there are twelve of these chapels, all founded before the Reformation. In the parish of Manchester, and in most of the parishes of Lancashire, such subsidiary foundations are numerous. Those foundations of this class which could be brought within the description of superstitious foundations were dissolved by the act of 1 Edward VI. for the suppression of chantries; but while the endowment was seized, it not unfrequently happened that the building itself, out of the piety of the person into whose hands it passed in the sale of the chantry lands, or the devotion of the persons living near it, and long accustomed to resort to it, continued to be used for religious worship in its reformed state, and remains to this day a place of Christian worship, the incumbent being supported by the casual endowments of the period since the Reformation, and especially by what is called Queen Anne's Bounty, in which most of the incumbents of chapels of this class have participated.

2. The term chapel is used to designate those more private places for the celebration of religious ordinances in the castles or dwelling-houses of persons of rank. These chapels, says Burn, were anciently all consecrated by the bishop. We find in some of the oldest specimens of the castles of England some small apartment which has evidently been used for the purposes of devotion, and this sometimes in the keep, the place of last resort in the time of a siege. An instance

of this is at Conisbrough, near Doncaster. But more frequently chapels of this kind were erected near to the apartments appropriated to the residence of the family. Most of the baronial residences, it is probable, had chapels of this kind. How splendid they sometimes were we may see in St. George's Chapel at Windsor and St. Stephen's Chapel at Westminster, both chapels of this class attached to the residences of our kings.

3. The chapels of colleges, as in the two universities; of hospitals, or other similar foundations.

4. Chapels for private services, chiefly services for the dead, in the greater churches, as the chapel of Saint Erasmus, and others, in the church of Westminster. Additions made to the parish churches for the support of chantries are sometimes called chantry chapels.

5. Places of worship of modern foundation, especially those in towns, are called chapels of ease, being erected for the ease and convenience of the inhabitants when they have become too numerous for the limits of their parish church. Most of these are founded under special Acts of Parliament, in which the rights and duties of the incumbent and the founders are defined. Under the Church Building Acts the commissioners may assign districts to chapels under care of curates. By 3 Geo. IV. c. 72, they may convert district chapelries into separate parishes. [BENEFICE, p. 343.]

6. The word chapel is pretty generally used to denote the places of worship erected by various sects of Dissenters under the Act of Toleration, though the Quakers and some of the more rigid Dissenters of other denominations, out of dislike to the nomenclature of an ecclesi

astical system which they do not approve, prefer to call such edifices by the name of meeting-houses. The name chapel is now also generally given, by Protestants at least, to the Roman Catholic places of worship.

word

CHAPLAIN (capellanus, a formed from the middle Latin, capella, chapel). A chaplain is properly a clergyman officiating in a chapel, in contradistinction to one who is the incumbent of a parish church. But it now generally de