Archdeacon's
Court.

How archdea

the Pluralities

Act.

to preach a visitation sermon, which he refused. And being cited before the high commissioner, 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 said oath, which implieth only an obedience according to the canon law, as it is in force in this realm; and that there is no canon, foreign or domestic, which requireth him to do this; but on the contrary, that the ancient canon law enjoineth the visitor himself to preach at his own visitation. But the court admonished him to comply, and on his refusal, fined him 500l., and imprisoned him till he should pay the same, and also make submission; and afterwards degraded and deprived him." Although, as Dr. Burn remarks, this may be one instance among others charged against the High Commission Court of carrying matters with a high hand; this may relate rather to the excess of punishment than to the power of punishing; and it does not appear from the books that a case has ever occurred by which the authority of this decision has been reversed.

The judge of the Archdeacon's Court, where he does not preside, is called the official, and an appeal lies from that court to the Bishop's Court, or if he be archdeacon of an archbishopric, the appeal from his court is to the Court of Arches.

If the jurisdiction is not peculiar, then the bishop and archdeacon have concurrent jurisdiction, and the party may commence his suit either in the Archdeacon's Court or in the Bishop's, and he may choose which he pleases; but if the archdeacon has a peculiar jurisdiction, he is totally exempt from the power of the bishop, and the bishop cannot enter there and hold court; and in such case if the party who lives within the peculiar be sued in the Bishop's Court, a prohibition should be granted.*

An archdeacon is so far exempt from the provisions and con affected by restrictions of the Benefice Pluralities Act, that he is not thereby prevented from holding with his archdeaconry two benefices, subject to the limitations of that act, as to distance, value and population, one being within the diocese of his archdeaconry; or, if a peculiar, then being locally situate within such diocese.

Until recently the endowments of archdeaconries throughout England were generally small. But now it

"John Huntley's case, 4 Burn's E. L. 19.
Robinson v. Godsalve, 1 Raym. R. 123.

1 & 2 Vict. c. 106,

archdeacons,

canonries.

has been enacted that, by the recommendations of the eccle- Power to insiastical commissioners duly confirmed and subject to the crease the enconsent of the bishop, any archdeaconry may be endowed dowment of by the annexation either of an entire canonry, or of a and mode of canonry charged with the payment of such portion of its effecting. income as shall be determined on, towards providing for By annexing another archdeacon in the same diocese, or with such last mentioned portion of the income of a canonry, or by augmentation out of the common fund in the hands of the commissioners; provided that the augmentation shall not be such as to raise the average annual income of any archdeaconry to an amount exceeding 2001., and that no canonry shall be so charged with the payment of a portion of the income thereof to any archdeacon, unless the average annual income of such canonry, after the payment of such portion as aforesaid, shall amount to or exceed 5001. But no archdeacon shall be entitled to hold any endowment or augmentation, or other emolument as such archdeacon under these provisions, unless he shall be resident for the space of eight months in every year within the diocese in which his archdeaconry is situate, or as to any present archdeacon, within the diocese in which his archdeaconry was situate before the recent alteration of dio

ceses.2

to a canonry.

Or the following more complicated plan may be adopted Two archdeafor the endowment of archdeaconries. Instead of appoint- conries annexed ing one archdeacon to either of the new canonries respectively founded in the cathedral churches of St. Paul's and Lincoln, or of annexing a canonry in any cathedral or collegiate church to an archdeaconry as aforesaid charged with any payment to another achdeacon in the same diocese, the rights, duties and emoluments of any canonry, the average annual income of which may exceed 8001., may be annexed to two archdeaconries jointly within the same diocese, not otherwise competently endowed; each archdeacon taking his turn of residence for such time, and taking such share of the emoluments as shall be directed by the scheme and order authorizing such annexation; and each archdeacon shall during his turn of residence have all the rights and privileges of a canon, except as to the division of the emoluments."

As another mode of providing for the endowment of By annexing archdeaconries, the patron of any benefice within the limits benefices. of any archdeaconry may, with the consent of the bishop of the diocese within which the archdeaconry is situate, endow such archdeaconry by the annexation thereto of

Annexed canonry may be changed.

Endowments of

deaconries.

such benefice; such annexation to take effect immediately, if the benefice be vacant at the time of the endowment, or otherwise upon the then next vacancy thereof; and every benefice so annexed, and every future holder thereof, is to be subject to all the provisions and restrictions of the Benefice Pluralities Act. But it is provided, that no such annexation shall take effect as to any archdeacon in possession at the time of the passing of the act, without his consent; and in default of such consent at the time when any benefice would otherwise so as aforesaid become annexed, or until such consent be given, during the incumbency of such archdeacon, the income and emoluments of such benefice shall, after due provision thereout being made for the cure of souls in the parish or district of such benefice, be applied by the commissioners, either in improving the existing house and buildings, or in providing a new house of residence for such benefice, or in improving or augmenting the glebe belonging thereto, or if no such improvement or augmentation be deemed necessary, then for the benefit of any poor benefice or benefices within the same archdeaconry.c

Any canonry, or portion of the income of a canonry or benefice annexed to any archdeaconry, may at any time, upon the representation of the bishop of the diocese, and by the confirmed recommendation of the commissioners, be disannexed from such archdeaconry upon the vacancy thereof, and annexed to any other archdeaconry in the same diocese.d

Thus far, as to the general provisions for the endowment of archdeaconries. The endowment of certain particular archdeaconries is provided for as follows.

The Bishop of London and of Lincoln respectively may particular arch from time to time appoint one of the archdeacons of their respective dioceses to the new canonries in the respective churches of St. Paul's and Lincoln, and every archdeacon so appointed shall thereupon become and be a canon of such cathedral church, and a member of the chapter, to all intents and purposes, and entitled to all the same rights and privileges as the other canons. The archdeaconry of Nottingham is endowed by having annexed to it the newly constituted rectory of Southwell, but the archdeacon is subject to the provisions and restrictions of the Benefice Pluralities Act. The archdeaconry of Cardigan is endowed with four twenty-fourth parts of the divisible cor

b June, 1841.

e

c 4 & 5 Vict. c. 39, s. 9.

e 3 & 4 Vict. c. 113, s. 33.

d Ibid. sect. 11. f 4 & 5 Vict. c. 39, s. 12.

dowed arch

porate revenues of the cathedral church of St. David.g The archdeacons of Brecon and Carmarthen are respectively endowed out of the revenues of the collegiate church of Brecon. The archdeaconry of Llandaff is annexed to the deanery, and is endowed with three-sevenths of the whole divisible corporate revenues of the cathedral church.i Upon the endowment of any archdeaconry by either of Former estates the above modes, and with the consent of the bishop of of newly enthe diocese and of any archdeacon in possession at the deaconries vesttime of passing the act, all lands, tithes, and other here- ed in commisditaments, except any right of patronage belonging to such sioners. archdeaconry at the time of such endowment, may, by the confirmed recommendation of the commissioners, be vested in them and their successors; and any benefice annexed to such archdeaconry may, by the same authority, be disannexed therefrom, and the patronage of such benefice shall thenceforth revert to the patron to whom it belonged before such annexation, subject to any transfer of patronage provided for by the same act.'

SECTION 7.

Rural Deans.

There can be no question but that in former times the Their office forrural deans were important officers in the church establish- merly. ment. They appear to have been deputies of the bishop, planted all round his diocese, the better to inspect the conduct of the parochial clergy, to inquire into and report dilapidations, and to examine the candidates for confirmation; and armed in minuter matters with an inferior degree of judicial and coercive authority." Blackstone says of them, that they are very ancient officers of the Church, but almost grown out of use, though their deaneries still subsist as an ecclesiastical division of the diocese or archdeaconry."

Recently their office has in many instances been revived; and an interesting work has been lately published, in which the history of the origin, progress, and gradual decay of their office has been traced with much care and research. But legally speaking the office can be scarcely said to exist, or to have any duties necessarily connected with it; for during the long period of its decay, custom

seems to have transferred all the necessary duties of such an office to the archdeacon; as in the visitation of churches, houses of residence, &c. At the present day, therefore, the duties of the rural dean would be only such as he might be deputed to perform by the bishop or archdeacon, for the performance of many of which it seems that the office may very usefully be revived.

In several of the statutes which direct the issuing of commissions by the bishop, the rural dean is mentioned, as a party who is to be one of the commissioners: his duties in such matters, as a commissioner, will be found mentioned where such commissions are treated of.

SECTION 8.

Of Rectors, Vicars, and Perpetual Curates. It will be obvious that the subjects which might be treated of under this head are of great variety and extent; the greater number of these, however, will be found treated of under the subject of benefices and their incidents. But the connexion between the rector and his rectory, the incumbent and his benefice, is so close, that it is almost impossible to separate the consideration of the two subjects. The manner, therefore, in which rectors and vicars may become such, the incidents to them in that character, and the manner in which their office may determine, although apparently subjects which might be considered in the present chapter, are reserved for the chapters on benefices; while at present we shall only consider the distinctive personal characters of the three kinds of incumbents above mentioned.

The appellation of rector is synonymous with that of parson, which latter term, although frequently used indiscriminately, as applicable also to vicars and even curates, is, according to Blackstone, the most legal, beneficial, and honourable title that a parish priest can enjoy. Parson, in the legal signification, is taken for the rector of a church parochial: he is said to be seised in jure ecclesiæ. Such a one, and he only, is said vicem seu personam ecclesiæ gerere. He is called parson (persona) because by his person the church, which is an invisible body, is represented; and he is in himself a body corporate, in order to protect and defend the rights of the church (which he personates) by a perpetual succession. And, as Lord Coke says, the law

p 1 Black. Com. 384.