difpofal of his diocefan bishops, if not filled within fix months. And the arch-bishop has a customary prerogative, when a bishop is confecrated by him, to name a clerk or chaplain of his own to be provided for by fuch fuffragan bishop; in lieu of which it is now usual for the bifhop to make over by deed to the arch-bishop his executors and affigns, the next presentation of such dignity or benefice in the bishop's disposal within that fee, as the arch-bishop himself shall choose: which is therefore called his option": which options are only binding on the bishop himself who grants them, and not his fucceffors. The prerogative itself feems to be derived from the legatine power formerly annexed by the popes to the metropolitan of Canterbury". And we may add, that the papal claim itself (like most others of that encroaching see) was probably fet up in imitation of the imperial prerogative called primae or primarige preces; whereby the emperor exercises, and hath immemorially exercised, a right of naming to the first prebend that becomes vacant after his acceffion in every church of the empire'. A right, that was alfo exercised by the crown of England in the reign of Edward I; and which probably give rife to the royal corodies, which were mentioned in a former chapter'. It is likewife the privilege, by cuftom, of the arch-bishop of Canterbury, to crown the kings and queens of this kingdom. And he hath alfo by the ftatute 25 Hen. VIII. c. 21. the power of granting difpenfations in any cafe, not contrary to the holy fcriptures and the law of God, where the pope used formerly to grant them: which is the foundation of his granting fpecial licences, to marry at any place or time, to hold two livings, and the like: and on this alfo is founded the right he exercises of conferring degrees, in prejudice of the two univerfities".

THE

THE power and authority of a bifnop, befides the adminiftration of certain holy ordinances peculiar to that facred order, confifts principally in infpecting the manners of the people and clergy, and punishing them, in order to reformation,by ecclefiaftical cenfurcs. To this purpose he has feveral courts under him, and may vifit at pleasure every part of his diocefe. His chancellor is appointed to hold his courts for him, ani to affift him in matters of ecclefiaftical law; who, as well as all other ecclefiaftical officers, if lay or married, must be a doctor of the civil law, fo created in fome univerfity. It is alfo the bufinets of a bithop to inftitute, and to direct induction, to all ecclefiaftical livings in his diocefe.

ARCHBISHOPRICKS and bishopricks may become void by death, deprivation for any very grofs and notorious crime, and alfo by refignation. All refignations must be made to fome fuperior. Therefore a bishop muft refign to his metropolitan; but the arch-bishop can refign to none but the king himself.

II. A DEAN and chapter are the council of the bishop, to affift him with their advice in affairs of religion, and also in the temporal concerns of the fee. When the reft of the clergy were fettled in the feveral parishes of each diocefe (as hath formerly been mentioned) these were referved for the celebration of divine fervice in the bishop's own cathedral; and the chief of them, who prefided over the reft, obtained the name of decanus or dean, being probably at first appointed to fuperintend ten canons or prebendaries.

ALL antient deans are clected by the charter, by conge d' eflire from the king, and letters miffive of recommendation; in the fame manner as bifhops; but in thofe chapters, there were founded by Henry VIII out of the fpoils of the diffolved monafteries, the deanery is donative, and the inftallation merely by the king's letters

Stat. 37 Hen. VIII. c. 17.

d Gibi. cod. 812.

3 Rep. 75. Co. Litt. 103. 300. f pag. 112, 113.

letters patent. The chapter, confifting of canons or prebendaries, are fometimes appointed by the king, fometimes by the bishop, and fometimes elected by each other.

THE dean and chapter are, as was before obferved, the nominal electors of a bishop. The bifhop is their ordinary and im mediate fuperior; and has, generally speaking, the power of vifiting thom, and correcting their exceffes and enormities. They had also a check on the bishop at common law: for till the statute 32 Hen. VIII. c. 28. his grant or leafe would not have bound his fucceffors, unless confirmed by the dean and chapter ".

DEANERIES and prebends may become void, like a bishoprick, by death, by deprivation, or by refignation to either the king or the bishop'. Alfo I may here mention, once for all, that if a dean, prebendary, or other fpiritual perfon be made a bishop all the preferments of which he was before poffeffed are void; and the king may prefent to them in right of his prerogative royal. But they are not void by the election, but only by the confecration '.

HI. AN arch-deacon hath an ecclefiaftical jurifdiction, imme diately fubordinate to the bifhop, throughout the whole of his diocese, or in fome particular part of it. He is ufually appointed by the bifhop himself; and hath a kind of epifcopal authority, originally derived from the bishop, but now independent and diftinct from his. He therefore vifits the clergy; and has his feparate court for punishment of offenders by fpiritual cenfures, and for hearing all other caufes of ecclefiaftical cognizance.

IV. THE rural deans are very antient officers of the church', but almoft grown out of ufe; though their deaneries ftill fubfift as an ecclefiaftical division of the diocefe, or archdeaconry. They seem to have been deputies of the bifhop, planted all round his diocese.

diocefe, the better to infpect the conduct of the parochial clergy, and therefore armed with an inferior degree of judicial and coercive authority".

V. THE next, and indeed the most numerous, order of men in the fyftem of ecclefiaftical polity, are the parfons and vicars of churches in treating of whom I fhall firft mark out the diftinction between them; fhall next observe the method by which one may become a parfon or vicar; fhall then briefly touch upon their rights and duties; and fhall, laftly, fhew how one may cease to be either.

A PARSON, perfona ecclefiae, is one that hath full poffeffion of all the rights of a parochial church. IIe is called parfon, perfona, because by his person the church, which is an invisible body, is reprefented; and he is in himself a body corporate, in order to protect and defend the rights of the church (which he perfonates) by a perpetual fucceffion". He is fometimes called the rector, or governor, of the church: but the appellation of parfon, (however it may be depreciated by familiar, clownish, and indifcriminate ufe) is the moft legal, moft beneficial, and most honourable title that a parish prieft can enjoy ; because fuch a one, (fir Edward Coke obferves) and he only, is faid vicem feu perfonam ecclefiae gerere. A parfon has, during his life, the free hold in himself of the parfonage house, the glebe, the tithes, and other dues. But there are fometimes appropriated; that is to fay, the benefice is perpetually annexed to fome fpiritual corporation, either fole or aggregate, being the patron of the living; whom the law efteems equally capable of providing for the fervice of the church, as any fingle private clergyman. This contrivance feems to have sprung from the policy of the monaftic orders, who have never been delicient in fubtile inventions for the increase of their own power and emoluments. At the firft eftablishment of parochial clergy, the tithes of the parish were diftributed in a fourfold divition; one for the use of the bishop, another for maintaining

the

in Gibf, cd 972.

n Co Litt. 300.

the fabrick of the church, a third for the poor, and the fourth to provide for the incumbent. When the fees of the bishops became otherwise amply endowed, they were prohibited from demanding their ufual fhare of thefe tithes, and the divifion was into three parts only. And hence it was inferred by the monafteries, that a small part was fufficient for the officiating prieft; and that the remainder might well be applied to the ufe of their own fraternities, (the endowment of which was construed to be a work of the moft exalted picty) fubject to the burthen of repairing the church and providing for it's conftant supply. And therefore they begged and bought, for maffes and obits, and fometimes even for money, all the advowfons within their reach, and then appropriated the benefices to the use of their own corporation. But, in order to complete fuch appropriation cffcctually, the king's licence, and confent of the bifhop, must first be obtained: because both the king and the bishop may fometime or other have an intereft, by lapfe, in the prefentation to the benefice; which can never happen if it be appropriated to the ufe of a corporation, which never dies: and alfo bccfe the law repofes a confidence in them, that they will not conient to any thing that fhall be to the prejudice of the church. The count of the patron alfo is neceffarily implied, becaufe (as was betere obferved) the appropriation can be originally made to none, but to luch fpiritual corporation, as is also the patron of the church; the whole being indeed nothing elfe, but an allowance for the patrons to retain the tithes and glebe in their own hands, without prefenting any clerk, they themselves undertaking to provide for the fervice of the church. When the appropriation is thus made, the appropriators and their fucceffors are perpetual parfons of the church; and must fue and be fued, in all matters concerning the rights of the church, by the name of parfons ".

THIS appropriation may be fevered, and the church become difappropriate, two ways: as, firft, if the patron or appropriator presents a clerk, who is instituted and inducted to the parfonage A a a

for

• Plowd. 496-500.

P Hob.

307.