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the ancient Conftitution of this Church, can fuppofe either Archdeacons, or Deans and Chapters, to have any original Jurifdiction, fince that Right was in the Bilhop, before there were either Archdeacons, or Deans and Chapters Bp. Still, Eccl. Cafes, p. 338.

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However, 'tis allow'd that Archdeacons have now a Power, not only to vifit, but fufpend, excommunicate, in many places to prove Wills, and, in fome, to inftitute to Benefices: nay, given given us for Law, That there are Archdeaconries in England, which have no Dependance on the Bishop, but are totally exempt.' See Bp. Still. ubi fupra. And yet Stat. 14 H.VIII: c. 12, exprefly fays, that there lies an Appeal from the Archdeacon's Court to the Bishop's.

'Tisone Part of the Archdeacon's Office to induct all Clerks into their Benefices, within his Jurifdi&tion; and 'tis the fpecial Privilege of the Archdeacon of Canterbury, to induct, or inftall all Bifhops within that Province. See, Somn. ubi fupra.

As long fince as Lyndwood's Time, Archdea cons were permitted to take Prieft's Orders, and yet to retain their Office and former Title; and it was the common Opinion then, that the Archdeacon, being in Prieft's Orders, was fupe rior to a Cathedral Dean, Pr. L. 3. Tit. 1. c. 1. verb. Decani. Now, by the Act of Uniformity, he is oblig'd to be in Prieft's Orders. The Cano nifts gave the Precedence to the Archdeacon, be caufe of the largenefs of his Jurifdiction: but the Dean is allow'd to be fuperior within the Cathedral. It feems not material in this Point,

whe

whether the Archdeacon be Doctor or not; for Jurifdiction goes before Title.

Archdeacons and other Ordinaries have Power to vifit Parochial Libraries, to order the fhutting them up on the Death of the Incumbents, to require Security for the Prefervation of them: And Books loft must be fu'd for in their Names. Stat. Ann. c. 14.

Difputes have of late arifen between Archdeacons and their Clergy, concerning the former's Power to command any of the latter to preach a Sermon at the Vifitation. It is not a rul'd Cafe. But Vifitors are bound by CanonLaw to preach in their Vifitations, or to main. tain others to do it for them. See the Cafe of a Rector refufing to preach, &c.

RURAL-DE AN S.

Befides Archdeacons there were formerly Ru ral-Deans. Thefe Officers were firft introduc'd about the Time of the Conqueft. Our Diocefes are ftill divided into Deanries; and thofe Clergymen, who, under the Bishop and Archdeacon, had the peculiar Care and Infpection of the Clergy and Laity of fuch a District as is now call'd a Deanry, were Rural-Deans. They had Power to Vifit, and hear Caufes, and a fort of Authority, latterward, to correct delin. quent Clergymen, but not to proceed to Cenfure; both they and Archdeacons were prohibited to meddle with Matrimonial Causes. They were fometimes allow'd to take the Confeffions of the Clergymen within their Jurifdi. &tion; at other times, particular Perfons were affign'd

affign'd by the Bishop for that Purpose. They were oblig'd to have a Seal of their Office; but were removeable at pleafure; but jointly, by the Bishop and Archdeacon. Sometimes they were beneficed within the Deanry, which they had the Care of, fometimes not. See Provinc. L. 1. T. 2. L. 2. T. 1. L. 5. T. 16. Conft. Oth. Quoniam Tabell. Quoniam quod. The Incum bents within the Deanry were call'd, The RuralDean's Chapter.

But there are fome Deans with Jurifdi&tion, but without a Chapter, as Battel and Bocking: fome Chapters without a Dean, as Southwel; fome Chapters that have no Head but their BiShop, as St. David's and Llandaff; at the for, mer, the Chantor: at the latter, the Archdeacon prefides, in abfence of the Bishop, or vacancy of the See. And lastly, there are fome Deans and Chapters in Churches, where there are no Epif copal Sees, as Weftminster and Windfor; and thefe are therefore call'd Collegiate Churches; as thofe likewife are which have a Chapter, but neither Dean nor Bishop.

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Of Benefices, Donation, Collation, Presentation, Inftitution, Induction, Subfcriptions, and Declarations; and alfo of Curacies.

ALL Church Preferments, except Bishopricks, are Benefices. Godol. cap. 18. §. 12. and all Benefices are fometimes by the Canonifts call'd Dignities, Pro. L. 3. T. 1. Gloff. But Bishopricks,

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Deanries and Archdeaconries, are moft properly call'd Dignities, both in Law, and common Difcourfe, but neither Lyndwood, nor Watfon, allow Prebends, in ftriatnefs, to be Dignities. Pro. L. 3. T. 7. Gloff. Comp. Incumb. p. 4, 5. And yet 'tis allow'd by all, that they must be Dignities, if there be a Jurifdiction annex'd to

them.

In Common Law Deans and Chapters are call'd Corporations Aggregate.

Bishops, Rectors, and Vicars are Corporations, Sole, at Common Law.

A Prebendary, who has a diftin&t Eftate, and yet a Vote in Chapter, is call'd a Corporation Sole, and a Member of a Corporation Aggregate.

Thefe are all call'd Corporations, because they have a Power to receive Lands and Goods, for the Ufe of themfelves and Succeffors (except where they are reftrain'd by Law) to fue and be fued jointly, &c.

But having already spoke of Prebends, I am now to fay fomething of Benefices, fo commonly call'd; which are Parfonages, or Rectories, and Vicarages.

Parfonages are Churches endow'd with Glebe, Manfe, Tythes, and all other Duties payable by the Parishioners; and fuch originally were all Parish Churches. But the Monks and other Regulars, before the Reformation, got near half of the best Benefices in England appropriated to their Houfes; these they ferv'd at firft by fome of their own Bodies; afterwards the Bishops oblig'd them to fettle Secular Priests in them, to ferve their Cures. When H. VIII. fupprefs'd

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the Monafteries, he gave of thefe Benefices fome to Bishops, fome to Cathedral and Collegiate Bodies, and very many to meer Laymen. And even to this Day, any Benefice may be appropriate to a Bishop, Dean and Chapter, &c. with confent of King, Patron, and Ordinary.

Vicarages are Benefices created for the Maintenance of thofe Clergymen who ferve in Churches, where fome, or all the Tythes are impropriated. At first the Vicar was a meer Curate, as we now fpeak, temporary and removable at pleafure by degrees, fome Vicars got fettled Maintenance, diftin&t from the Impropriator; which Maintenance confifted of a Glebe and Manfe, and for the moft part fome Proportions of Tythes; but in fome Places, only a Penfion from the Impropriator; thefe were, and still are in Law call'd Perpetual Vicars, or Vicars En dow'd, to distinguish them from Temporary Vi cars, i. e. Curates.

In the Year 1222, a Conftitution was made by Archbishop Langton, than no Perpetual Vi car fhould have a Portion (viz. of Glebe and Tythes) of lefs value than five Marks per An. and that could be fo let to Farm. But in Lyndwood's Time, even temporary, ftipendiary Vi cars had eight or ten Marks per An. which after Sir H. Spelman's Computation was as much as 60l. now.

Some Benefices that formerly were fever'd by Impropriation, have fince been consolidated, and all the Glebe and Tythes been given to the Vicarage, and many Vicars have a good part of the great Tythes, or a Leafe of them upon rea fonable Terms from the Ecclefiaftical Impropriators,

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