Combe Miller
Encyclopedia
Combe Miller was a Church of England
clergman. He was the third son of Sir John Miller, 4th Baronet Miller of Froyle
and Susan Combe.
and was awarded a Bachelor of Arts
degree on 14 January 1768, he received his Master of Arts degree on 14 March 1771.
of Wyndham, a Canon residentiary
of Chichester Cathedral, in 1769.
While a residentiary, an issue arose at the cathedral that he was involved in. After the death of one of the other canons residentiary on the 29 March 1784 a meeting was held on 1 August 1784 by the remaining four members of the chapter to elect a replacement for the late Dr Hurdis. The Dean Rev. C. Harward and one of the residentiaries a Rev. William Webber, voted for the prebendary of Eartham, the Rev. John Buckner; the other residentiaries, Rev. Combe Miller and Rev. John Courtail voted for Rev. George Metcalf prebendary of Sutton. It was not accepted that Dean Harward had a casting vote so a stalemate ensued. There followed several more meetings to try and resolve the issue but to no avail, so Miller and Courtail petitioned the bishop to settle the matter.The bishop arranged for the four surviving residentiaries to appear before him on the 12 January 1785 to explain why they had not made the appointment, and why he should not appoint someone himself. At the hearing the bishop was not persuaded by the arguments so appointed George Metcalf. The dean and Webber refused to accept this decision, but the bishop demanded that they accept his candidate on pain of excommunication. However this was not the end of the matter as the dean and Webber took out an order of the Court of Chancery
restraining the bishop from proceeding.
The case was eventually heard by the Court of Kings Bench
on 27 April 1787. The court agreed with the dean and Webber's argument and found that it was not in the bishop's power to appoint people over the dean and chapter. However it seems that despite all this George Metcalf continued in post.
Summary of the court's findings:
Miller's other appointments were:
He died at Walsham in Suffolk in his 69th year.
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
clergman. He was the third son of Sir John Miller, 4th Baronet Miller of Froyle
Miller Baronets
There have been four Baronetcies created for persons with the surname Miller, two in the Baronetage of England, one in the Baronetage of Ireland and one in the Baronetage of the United Kingdom. Two of the creations are extant as of 2008....
and Susan Combe.
Education
Miller studied at New College, OxfordNew College, Oxford
New College is one of the constituent colleges of the University of Oxford in the United Kingdom.- Overview :The College's official name, College of St Mary, is the same as that of the older Oriel College; hence, it has been referred to as the "New College of St Mary", and is now almost always...
and was awarded a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree on 14 January 1768, he received his Master of Arts degree on 14 March 1771.
Career
Miller was appointed PrebendaryPrebendary
A prebendary is a post connected to an Anglican or Catholic cathedral or collegiate church and is a type of canon. Prebendaries have a role in the administration of the cathedral...
of Wyndham, a Canon residentiary
Canon (priest)
A canon is a priest or minister who is a member of certain bodies of the Christian clergy subject to an ecclesiastical rule ....
of Chichester Cathedral, in 1769.
While a residentiary, an issue arose at the cathedral that he was involved in. After the death of one of the other canons residentiary on the 29 March 1784 a meeting was held on 1 August 1784 by the remaining four members of the chapter to elect a replacement for the late Dr Hurdis. The Dean Rev. C. Harward and one of the residentiaries a Rev. William Webber, voted for the prebendary of Eartham, the Rev. John Buckner; the other residentiaries, Rev. Combe Miller and Rev. John Courtail voted for Rev. George Metcalf prebendary of Sutton. It was not accepted that Dean Harward had a casting vote so a stalemate ensued. There followed several more meetings to try and resolve the issue but to no avail, so Miller and Courtail petitioned the bishop to settle the matter.The bishop arranged for the four surviving residentiaries to appear before him on the 12 January 1785 to explain why they had not made the appointment, and why he should not appoint someone himself. At the hearing the bishop was not persuaded by the arguments so appointed George Metcalf. The dean and Webber refused to accept this decision, but the bishop demanded that they accept his candidate on pain of excommunication. However this was not the end of the matter as the dean and Webber took out an order of the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
restraining the bishop from proceeding.
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...
on 27 April 1787. The court agreed with the dean and Webber's argument and found that it was not in the bishop's power to appoint people over the dean and chapter. However it seems that despite all this George Metcalf continued in post.
Summary of the court's findings:
- A prohibition issued to the bishop of Chichester, who claimed a right to present by lapse, under pretence of his visitational authority, to the office of a canon residentiary of his church, it being a freehold office, and the right of election thereto in the dean and chapter.
- Whether in case the dean and chapter neglect or refuse to appoint a canon residentiary in proper time, the bishop by virtue of his general visitational power may appoint pro-tempore till such election be had.
- A mandamusMandamusA writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
will lie to compel the dean and chapter to fill up a vacancy among the canons residentiary, and on such a mandamus the court will compel an election at the peril of those who refuse. - The election is in the dean and canons.
- The dean has no casting voice.
- The canons have a right to vote by proxy.
- There is no lapse to the bishop in the case of a canonry.
Miller's other appointments were:
- 1774 Rector of WinfarthingWinfarthingWinfarthing is a village and civil parish in the English county of Norfolk. It is located 6 km north of the town of Diss, 20 km east of the town of Thetford, and 30 km south of the city of Norwich....
and Snetterton, Norfolk. - 1785 Treasurer of Chichester Cathedral.
- 1790 Dean of Chichester cathedral.
- 1806 Warden of the Hospital of St. Mary, Chichester.
He died at Walsham in Suffolk in his 69th year.