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by the ftatute 25 Hen. VIII, c. 21. the power of granting difpenfations in any case, not contrary to the holy scriptures and the law of God, where the pope used formerly to grant them which is the foundation of his granting special licences, to marry at any place or time, to hold two livings, and the like (13) and on this alfo is founded the right he exer cifes of conferring degrees (14), in prejudice of the two universities b.

THE power and authority of a bishop, befides the administration of certain holy ordinances peculiar to that facred order, confift principally in infpecting the manners of the people and clergy, and punishing them in order to reformation, by ecclefiaftical cenfures. To this purpose he has fe veral courts under him, and may vifit at pleasure every part of his diocese. His chancellor is appointed to hold his courts for him, and to assist 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 university. It is also the business of a bishop to institute,

b See the bishop of Chefter's cafe. Oxon. 1721. c Stat. 37 Hen. VIII. c. 17.

(13) When the dominion of the pope was overturned in this country, this prerogative of difpenfing with the canons of the church was transferred by that statute to the arch-bishop of Can terbury in all cafes in which difpenfations were accustomed to be obtained at Rome; but in cafes unaccustomed, the matter shall be referred to the king and council. The pope could have dispensed with every ecclefiaftical canon and ordinance. But in fome of the cafes where the arch-bishop alone has authority to dispense, his dif penfation with the canon, as to hold two livings, must be confirmed under the great feal.

(14) But although the arch-bishop can confer all the degrees which are taken in the universities, yet the graduates of the two univerfities, by various acts of parliament and other regulations, are entitled to many privileges which are not extended to what is called a Lambeth degree: as, for inftance, those degrees which are a qualification for a difpenfation to hold two livings, are confined by 21 Hen. VIII. c. 13. f. 23. to the two universities.

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 (15).

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 his fee. When the rest of the clergy were fettled in the feveral parishes of each diocefe (as hath formerly f been mentioned) these were reserved 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 elected by the chapter, by conge d' eflire from the king, and letters miffive of recommendation; in the fame manner as bishops (16): but in those chapters, that were founded by Henry VIII out of the spoils of the diffolved monafteries (17), the deanery is donative, and the installation f page 113, 114.

Gibf. cod. 822. * 3 Rep. 75. Co. Lit. 103. 300.

(15) The following are fome of the popular distinctions between arch-bishops and bishops. The arch-bifhops have the titles and style of grace, and most reverend father in God by divine providence; the bishops thofe of lord, and right reverend father in God by divine permiffion. Arch-bishops are inthroned, inthronizati; bishops inftalled.

(16) See a very learned note, containing a full history of the election, prefentation, or donation to deaneries, by Mr. Hargrave in Co. Litt. 95.

(17) The new deaneries and chapters to old bishopricks are eight, viz. Canterbury, Norwich, Winchester, Durham, Ely, Rochefer, Worcester, and Carlisle; and five new bishopricks

BOOK I. merely by the king's letters patent. The chapter, confifting of canons or prebendaries, are sometimes appointed by the king, fometimes by the bishop, and sometimes elected by each other.

THE dean and chapter are, as was before obferved, the nominal electors of a bishop. The bishop is their ordinary (18) and immediate fuperior; and has, generally fpeaking, the power of vifiting them, and correcting their exceffes and enormities. They had alfo a check on the bishop at com. mon law for till the ftatute 32 Hen. VIII. c. 28. his grant or leafe would not have bound his fucceffors, unless confirmed by the dean and chapter 1.

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 spiritual 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 j.

III. AN arch-deacon hath an ecclefiaftical jurifdiction, immediately fubordinate to the bishop, throughout the whole of his diocefe, or in fome particular part of it. He is usually appointed by the bishop himself; and hath a kind of epifcopal authority, originally derived from the bishop, but now independent and diftinct from his. He therefore vifits the

g Gibf. cod. 173.

h Co. Litt. 103.

i Plowd. 498.

j Bro. Abr. t. prefentation. 3. 61.

Cro. Eliz. 542. 790. 2 Roll. Abr. 352

4 Mod. 200. Salk. 137.

ki Burn. eccl. law. 68, 69.

with new deaneries and chapters annexed were created, viz. Peterborough, Chefter, Gloucester, Bristol, and Oxford. Harg. Co. Litt. 95. n. 3.

(18) The bishop is generally called the ordinary, but the ordinary has a more extenfive fignification, as it includes every ecclefiaftical judge who has the regular ordinary jurifdiction independent of another. 1 Burn. Ec. L. 22. Co. Litt. 344.

clergy's

clergy; and has his separate court for punishment of offenders by spiritual cenfures, and for hearing all other causes of ecclefiaftical cognizance.

IV.THE rural deans are very antient officers of the church', but almost grown out of ufe; though their deaneries still subfift as an ecclefiaftical divifion of the diocefe, or archdeaconry. They seem to have been deputies of the bishop, planted all round [ 384 ] his diocese, the better to infpect 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 authorityTM,

V. THE next, and indeed the most numerous, order of men in the fyftem of ecclesiastical polity, are the parfons and vicars of churches in treating of whom I fhall first mark out the distinction between them; fhall next obferve 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 ceafe to be either.

A PARSON, perfona ecclefiae, is one that hath full poffeffion of all the rights of a parochial church. He is called parson, perfona, because by his perfon 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 perfonates) by a perpetual fucceflion". 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 most legal, moft beneficial, and most honourable title that a parish priest can enjoy; because such a one, (fir Edward Coke obferves) and he only, is faid vicem feu perfonam ecclefiae gerere. A parfon has, during his life, the freehold in himself of the parfonage house, the glebe, the tithes, and other dues. But these are fometimes appropriated; that is to fay, the benefice is perpe tually annexed to fome fpiritual corporation, either fole or ag

gregate, being the patron of the living; which the law esteems equally capable of providing for the fervice of the church, as any fingle private clergyman. This contrivance feems to have fprung from the policy of the monaftic orders, who have never been deficient in fubtile inventions for the increase of their own power and emoluments. At the first establishment of parochial clergy, the tithes of the parish were distributed in a fourfold divifion; one for the use of the bishop, another for main385taining the fabrick of the church, a third for the poor, and the fourth to provide for the incumbent. When the fees of the bifhops became otherwife amply endowed, they were prohibited from demanding their ufual fhare of these tithes, and the divifion was into three parts only. And hence it was inferred by the monasteries, that a small part was fufficient for the officiating prieft; and that the remainder might well be applied to the use of their own fraternities, (the endowment of which was conftrued to be a work of the most exalted piety) subject to the burthen of repairing the church and providing for it's conftant fupply. And therefore they begged and bought, for maffes and obits, and sometimes even for money, all the advowsons within their reach, and then appropriated the benefices to the use of their own corporation. But, in order to complete such ap propriation effectually, the king's licence, and confent of the bishop, must first be obtained: because both the king and the bishop may sometime or other have an interest, by lapse, in the presentation to the benefice; which can never happen if it be appropriated to the use of a corporation, which never dies: and also because the law repofes a confidence in them, that they will not confent to any thing that fhall be to the prejudice of the church. The confent of the patron alfo is neceffarily implied, because (as was before observed) the appropriation can be originally made to none, but to fuch fpiritual corporation, as is alfo 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