Inft jur Can.

Lindweod.

fording help to the Bishop. But the (c) Canonifts) Lancelot. fay that a Prebend is nothing else but a Right to lb. 1. Tit. 26. receive a Portion out of the Profits of the Church, Sect. 2. and as one of the College of Canons. And therefore Tit de con. Alexander the Third in a Decretal Epiftle to Prebend. Sect. the Archbishop of Canterbury commands him to prebendas. bestow the first Vacant Prebend upon a Perfon whom he had before admitted into the

Efurieurif verb.

Choir as a Canon. (d) For it is unfit, fays he,) Decret.Greg. that he should want a Prebend, who is already re-lib. 3. tit. 5. ceived into the Society of Canons. Whereby it is apparent that the Name Prebend is defigned to denote the Subfiftence afforded to a Particular Ca non of the Church Revenues: For which Reafon the Perfon poffeffing it is called a Prebendary. The Head of this College or Society was originally called Archipresbyter, who feems to have had a confiderable Authority in the Church,

(/) Lib. 3. c. 2、

as appears from a Story cited by (e) Dr. Mau-(e) Vindicati n rice out of (f) Sozomen concerning Peter Arch- P. 158, 159. bresbyter to Theophilus of Alexandria, about the Year 385. And the fourth Council of Car- Can. 16. * thage orders the Bishop to devolve the Care of Strangers, Widows and Orphans on his Archprieft or Archdeacon. They were also called Deans, because originally the number of the Society was Ten, befides the chief: (g) Deca- (g) De Moribus nos vocant eo quod fint Denis Præpofiti, fays St. Ecler, c. 31, Auguftine. But the name Dean is ftill continued, let the number of Presbyters be more or lefs. Those Canons who together with the Dean manage the Revenues of the Church and govern the Choir are called the Chapter: Quia funt Capita Collegii, fays (h) Spelman. (i) The () Glof. Verb. Canonifts feem to difpute whether the Dean or Lind. de vit. Archdeacon fhould have the Precedency, and & Honeft. clet. generally give it to the Dean within the Pre- verb. Decani. L 4 cincts

Capitulum.

cout. Clericalis.

cincts of the Cathedral Church, and to the Archdeacon in all other Places. 'Tis well St. Jerome was out of the way before this Pofition was ftarted, it would certainly have put him into as great a Paffion as fome of the Roman Deacons did when they fat down before the Presbyters. But this Decifion of the Canonifts in this Point certainly arifes from a Miftake that the Dean had no Authority in the Diocefs, but only in the Choir. Whereas the Dean being Head of the College of Presbyters without whofe advife and confent the Bishop originally acted nothing of Moment, must certainly be the next Perfon to the Bishop himfelf, as well in the Diocefs as the Choir. For 'tis a Mistake to think the College of Presbyters has no Authority out of the Cathedral Church, for in Conjunction with the Bishop their Jurifdiction extends as far as his. But tho' for many Ages the Bishop has acted too much by himself without advifing with his College, yet from the beginning it was not fo: (R) Ad. Epiftol. As (k) Pamelius has learnedly proved. And Cyprian. 46. n. ftill of (1) common Right by the common Law Godolph. Re- of this Land, the Dean and Chapter are Sede per. Can eap. vacante Guardians of the Spiritualities, and to

4. Sect. 4.

them is committed the Spiritual Jurifdiction of the Diocefs. Is it then reafonable that the Dean fhould give Place to the Archdeacon who acts only as his Officer during the Vacancy? And even when the See is full derives his Power from him conjunctively with the Bishop, however this Right has been ufurped upon. This Right of being Guardians of the Spiritualities during a Vacancy is probably as antient as the Apostles Days: That it was fo in St. Cyprian's time within a Hundred Years after is

manifeft from the Epistle of the Presbyters of Rome to thofe of Carthage, written just after the Martyrdom of Fabian their Bifhop, before Cornelius was elected. (m) It is incumbent on (m)Cypr. Epist.3. us, fay they, who feem now to be Prelates and in ftead of the Paftor, to keep the Flock.

This is the Original of Deans and Chapters who were fo much exclaimed against in the late times. They are no Novel Inftitution as was then pretended, but that Presbytery or College of Presbyters which the Apostles, Ignatius and other ancient Fathers of the Church fo often speak off. I only Wish with humble Submission that our Bishops made more use of 'em That they would advife with 'em and be affifted by 'em in the Government of the Diocefs: That they would call in their Assistance at Ordinations to examine fuch as are to be admitted into Holy Orders and to lay on Hands together with the Bishop, as they always did in the Primitive times; for both which Offices they, being commonly Reverend Grave Divines, are certainly more fit than young raw Chaplains juft fetched from the Univer

fity.

This our latest Conftitutions feem to re- Conftit. 1603. Can. 31, & 35. quire, which Ordain that Holy Orders Shall be conferred in the Cathedr.il or Parish Church where the Bishop refideth, in the time of Divine Service, in the Prefence not only of the Archdeacon but of the Dean, and two Prebendaries at the least, unlefs they shall happen by any Lawful Caufe to be let or hindred. And that they who shall affift the BiShop in examining and laying on of Hands, shall be of his Cathedral Church, if they may conveniently be had. Without Difpute this venerable College was originally inftituted to affift the Bi

shop

Bacons Remains, p. 239.

fhop in all parts of his Office, tho' now they are fo little ufed as gives too many occasion to think them an ufelefs Burthen on the Church, and ordained for no other end than to eat up the best of its Revenues: It is therefore, I think, great pity that they are not restored to their Primitive Inftitution.

Something like what I here mention was taken Notice of an hundred Years ago by that great Man my Lord Chancellor Bacon, who wrote to King James I. certain Confiderations touching the Edification, and Pacification of the Church of England; where he has thefe Words: †The Bishop giveth Orders alone, excommunicateth alone, judgeth alone. This feemeth to be a Thing, almost without Example in good Government, and therefore not unlikely to have crept in, in the degenerate and corrupt Times. We fee the greateft Kings and Monarchs have their Councels: There is no Temporal Court in England of the higher Sort, where the Authority does reft in one Perfon. The King's Bench, Common Pleas, and the Exchequer are Benches of a certain number of fudges. The Chancellor of England has an Affiftance of Twelve Masters of the Chancery. In the Exchequer Chamber the Lord Treasurer is joined with the Chanchellor and the Barons. The Mafters of the Requests are ever more than one. The Juftices of Affife are two. And in all Courts the Principal Perfon, hath ever either Collegues or Affeffors.

The like is to be found in all other well-governed Common-Wealths abroad, where the Jurifdiction is yet more difperfed; As in the Courts of Parliament in France, and in other Places. No Man will deny, but the Acts that pass the Bishops Jurif diction, are of as great Importance as thofe that

pass

pass the Civil Courts; For Mens Souls are more precious than their Bodies or Goods; And so are their good Names. Bishops have their Infirmities, and have no exception from that general Malediction which is pronounced against all Men living; *Wo to Ecclefiast. 4 10a him that is alone, &c. Nay we fee that the first Warrant in Spiritual Caufes, is directed to a Number, Tell it to the Church; which is not + Mat. 18. 17. fo in Temporal Matters: And we fee that in general Caufes of Church Government, there are as well Affemblies, of all the Clergy in Councils, as of all the States in Parliament. Whence should this Jole Exercife of Jurifdiction come? Surely, I do fuppofe, upon good Ground, that from the Begin ning it was not fo: And that the Deans and Chapters, were the Councels about the Sees and Chairs of Bishops at the firft; and were unto them a Presbytery or Confiftory; and intermedled, not only in difpofing of their Revenues, and Endowments; but much more in Jurifdiction Ecclefiaftical. But it is probable that the Deans and Chapters, ftuck clofe to the Bishops in matters of Profit and of the World, and would not loose their Hold; But in matters of Jurifdiction (which they accounted but Trouble and Attendance) they fuffered the Bifhops to encroach and Ufurp; and fo the one continueth, and the other is loft. And we fee that the Bishop of Rome (for it is lawful to be taught by an Enemy; And no Question, in that Church the first Inftitutions were excellent) performeth all Jurifdiction as in Confiftory.

And whereof confifteth this Confiftory, but of the Parish Priefts of Rome, which term themfelves Cardinals, a Cardinibus Mundi; because the Bishop pretendeth to be Univerfal, over the whole World. And hereof we see many Shadows yet remaining; As that the Dean and Chapter, proforma