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tive, as deans of chapters of the old foundation, though they are only fo, nominally and in form, the king being the real patron. 2. Donative, as thofe deans of chapters of the new foundation, who are appointed by the king's letters patent, and are inftalled under his command to the chapter, without reforting to the bishop, either for admiffion, or for a mandate of installation; if that mode of promoting ftill prevails in refpect to any of the new deaneries*. Deans of the royal chapels are alfo donative, the king appointing in the fame way. So, too, may deans of peculiars, without cure of fouls, be called; as the dean of the arches, who is appointed by commiffion from the archbishop of Canterbury; but this must be understood in a large fenfe of the word donative, it being moft ufually reftrained to spiritual promotions. 3. Prefentative, as some deans of peculiars with cure of fouls, and the deans of fome chapters of the new foundation, if not all. Thus the dean of Battel is prefented by the patron to the bishop of Chichester, and from him receives inftitution. Thus, too, the dean of Gloucefter is prefented by the king to the bishop, with a mandate to admit him, and to give orders for his inftallation. 4. By virtue of another office, as the bishop of London is dean of the province of Canterbury, and the bishop of St. David is dean of his own chapter. Again in refpect of the manner of holding, deans are fo abfolutely, or in commendam. But this divifion applies only to fpiritual deaneries.

It is in general terms noted, as a diversity between the appointment of the ancient deans, and of the new, that the ancient come in like bishops; for they are chofen by the chapter, by a congé d'elire, and the king, giving his royal affent, they are confirmed by the bishop; while they who are newly translated or founded, are donative, and, by the king's letters patent, are inftalled. As to the old deaneries, it is very difficult to trace the fubject, with any tolerable degree of precifion, higher than the reign of king John, or to afcertain what was the legal mode of conftituting deans of chapters before. If our ancient chronicles are to be depended on, nothing could be more variable than the practice for feveral reigns after the conqueft. Thus, in the church of York, we find fometimes the archbishop collating to the deanery, fometimes the king conferring, and fometimes the chapter electing; and it is probable that a like uncertainty prevailed in other cathedrals. At length, however, after many truggles, the elective mode of conftituting deans, as well as

*The new dcaneries and chapters to old bishopricks are eight,, Canterbury, Norwich, Winchefter, Durham, Elv, Rochester, Worcester, and Carlifle. The new deancries and chapters to new bishopricks are five, Poterborough, Chester, Gloucef-* gr, Eriftol, and Oxford.

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bishops, abbots, and priors, was established throughout the kingdom, and confirmed by a charter, made in the 16th the reign of king John. But notwithstanding the ftrong terms in which the freedom of canonical election is provided for by this charter, and the repeated confirmation of it by various ftatutes, the election of a dean by the chapter, is, by long practice, converted into a mere form, and the king is, in reality, as much the patron of the old, as he is, both in name and sub-ftance, of the new deaneries. For two centuries past at least, the king's congé d'elire, which, by the charter of John, muft precede every election of a prelate, and was in ufe long before, has been invariably accompanied. with a letter, miffive, recommending a particular perfon, whom the chapter of course elect their dean. In the cafe of the old bishoprics, which are filled in the fame form, the election of the perfon named by the crown is fecured by the ftatute of the 25th Henry VIII. which compels the chapter to yield to the recommendation by the pains of a pramunire. But no fuch ftatute has been yet made in refpect to the old deaneries, and therefore the right of the crown over them refts wholly on the charter of king John, and the fubfequent practice. Here, then, it may be afked how the crown, without the aid of a ftatute, can enforce its claim of patronage, and what are the means by which the nomination would be made effectual, if the chapter fhould disregard the royal recommendation, and perfevere in a free exercife of the right of electing? This question may be refolved by confidering that even the charter of king John requires the king's confirmation of the choice made by the chapter, and therefore, by refufing to confirm, he may always prevent the effect of their election. Nay, it has been faid, that the election is fo wholly a ceremony, as not even to be effential, and that, before any act of parliament to difpense with it, the king might nominate to the old bishopricks by letters patent, without reforting to the chapter for the form of their concurrence; and the old deaneries are within the fame reafon.

As to the deans of the new foundation, though the king nominates by letters patent, yet some, if not all, of the cathedral churches are now deemed prefentative, and not donative, the practice being to prefent the letters patent to the bishop for inAs to thofe new ftitution and a mandate of inftalment.

deaneries, which had ftatutes requiring a prefentation, and ufually complied with after the restoration, there cannot be the leaft doubt of their being legally prefentative. But if there are any of the new deaneries, the rules and ftatutes of whofe churches are wholly filent as to prefentation, it is most likely

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that they have always been donative, and still continue fo, and probably the church of Westminster may fall under this defcription, it being collegiate, and not for any other purpose subject to the jurifdiction of any bishop.

Thefe obfervations must be confined to England, the deaneries of Wales being under different circumftances. Of the four Welsh cathedrals, two are without deans, or rather the dignities of bishop and dean unite in the fame perfon, the bifhop being deemed quafi decanus, and having, it is faid, both an epifcopal throne and a decanal ftall allotted to him in the choir. The cathedral churches of St. David's and Landaff, are of this kind. St. Afaph and Bangor have the dignity of dean distinct from that of bishop, but the patronage of both deaneries is in the respective bishops, they being neither elective by the chapter, nor donative by the crown.

Dean is a title of dignity which belongs to this ftation; as having ecclefiaftical administration, with jurifdiction or power annexed, and no stations in the cathedral church under the degree of a bishop are dignities, ftrictly speaking, befides those of the dean and the archdeacon, unlefs where jurifdiction is annexed to any of the rest, as in some cases it is to prebendaries and others. In ancient times, the bifhop, dean, and chapter, and all other perfons belonging to, or connected with cathedral churches, held their poffeffions together in grofs; but afterwards, for the avoiding of confufion, and fome other causes, they were fevered, and part of the lands affigned to the bishop and his fuc ceffors, and other parts to the dean and chapter, each to hold by themselves; and fo they have ever fince continued.

The duty of a dean is to vifit his chapter; and anciently the canons made their confeffions to him; he may make a deputy or fubdean, to exercise the spiritual jurifdiction; yet fuch deputy cannot charge the poffeffions of the church, or even confirm leafes, unless it be otherwise provided by the local ftatutes. By the canon law, every dean ought, in every year, to be refident in his cathedral church fourfcore and ten days at leaft, conjunctim or divifim, preaching the word of God, and keeping good hofpitality, unless hindered by weighty and urgent causes, to be approved by the bishop, or lawfully difpenfed with. And the fame code provides that deans in cathedral and collegiate churches fhall not only preach there in their own perfons, so often as they are bound by law, ftatute, ordinance, or custom, but fhall likewife preach in other churches of the fame diocese where they are refident, and especially in those places whence they or their church receive any yearly rents or profits. And in cafe they be fick, or lawfully abfent, they fhall fubstitute fuch licensed preachers, approved by the bishop. The profits of a

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deanery, during vacation, go to the fucceffor, towards payment of his first fruits.

A chapter of a cathedral church confifts of perfons ecclefiaftical, canons, and prebendaries, whereof the dean is chief; they are affiftants to the bishop in matters relating to the church, for confirmation of leafes of the temporalities, and offices relating to the bishopric. The chapter, in a collegiate church, is more properly called a college, as at Westminster and Windfor. There may be a chapter without a dean; as that of the collegiate church of Southwell, and their grants are perfectly effectual. One bishop may have two chapters, by union or confolidation; and, in that cafe, both muft confirm his leafes.

The dean and chapter is a body corporate fpiritual, confifting of perfons originally felected by the bifhop; but they derive their corporate capacity from the crown. At prefent the bishop has little more left to him than the power of vifiting them, and that very much limited, and he is now scarcely allowed to nominate half of those to their prebends, who all were originally of his family. This rule, however, varies in different fees, as in fome the bishops have more extenfive powers of visitation and appointment than in others. The dean and chapter cannot alter the ancient and approved ufages of their church, without confent of the bishop; and if they do, fuch innovations are declared void by the canon law. Befides that authority which deans and chapters have within their own bodies, they have fometimes an ecclefiaftical jurifdiction in feveral neighbouring parishes and deaneries; and this ecclefiaftical jurifdiction is executed by their officials; and they have alfo temporal jurifdiction in several manors belonging to them, as well as bishops, where their ftewards keep courts.

PREBENDARIES AND CANONS. The books, and many perfons in ordinary converfation confound the two words, prebend, and prebendary: whereas the former fignifies the office, or the ftipend annexed to it; and the latter, the perfon who executes the office and enjoys fuch ftipend. A prebend, is an endowment in land, or penfion in money, given to a cathedral or conventual church in prebendum; that is, for the maintenance of a fecular prieft or regular canon; who was a prebendary, as fupported by the faid prebend. A canonry alfo is a name of office; and a canon is the officer in like manner as a prebendary; and a prebend is the maintenance or stipend of both. Prebendaries are diftinguished into fimple and dignitary. A fimple prebendary has no cure, and no more than his revenue for his fupport; a dignitary prebendary has always a jurifdiction annexed, which is gained by prescription. Of common right the bishop is patron of all the prebends, becaufe the poffeffions were derived

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from him; but if a prebend be in the gift of a layman, the patron prefents to the bifhop, who inftitutes in like manner as to any other benefice; and then the dean and chapter induct them, that is, after fome ceremonies, place them in a ftall in the cathedral church, to which they belong; whereby they are faid to have a place in the choir. Some prebends are elective by the dean and chapter; and fome donative: at Westminster, the king collates by patent; in virtue of which the prebendary takes poffeffion without inftitution or induction. No perfon may hold more than one prebend in the fame church; and if a prebendary accepts a deanery in the fame church, his prebend is void by ceffion; but a prebend and a parochial benefice are not incompatible; they may be holden together, without difpenfation.

By the ecclefiaftical law no prebendaries nor canons in cathedral or collegiate churches, having one or more benefices with cure, (and not being refidentiaries in their cathedral or collegiate churches) fhall, under colour of their said prebends, abfent themselves from their benefices with cure, above the fpace of one month in the year; unless it be for fome urgent caufe, and certain time to be allowed by the bishop.

ARCHDEACON. As deacons were all, originally, the attendants and fervants of their feveral bifhops in church affairs; it was found neceflary, towards the end of the third century, to elect in feveral diocefes one from among the reft, who was ftyled Archdeacon; by degrees this office became univerfal, and its powers and duties were gradually established. By the canon law the archdeacon is ftyled the bishop's eye; and in his abfence has authority to hold vifitations, and under the bishop to examine clerks previous to ordination, and also before inftitution and induction; he has likewife power of excommunication, injunction of penances, fufpenfion, correction, infpecting and reforming irregularities and abufes among the clergy; and a charge of the parochial churches within the diocefe in a word, he was to fupply the bishop's robm, and in all things to be his vicegerent. But as, in general, the archdeacon's jurifdiction is founded on immemorial custom, he has in fome places much greater power than in others. In the diocefe of Carlifle, for inftance, he has no jurifdiction; but retains the right of examining and prefenting perfons to be ordained, and of inducting perfons inftituted. The judge of the archdeacon's court (where he does not prefide himself) is called the official; and an appeal lies from this to the bishop's court; or, if he be archdeacon of an archbishop, to the court of arches.

Archdeaconries are commonly given by bifhops, by collation:

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