peculiar power or privilege to the deans of those churches. But none of them, I dare say, have a negative, either by common law, custom, or local statute. Thus much to shew you, that a nice search into the peculiar rights of the dean of Sarum will be needless, if not mischievous to you. The three deaneries which I have had, are all of the new foundation, by Henry VIII. or Queen Elizabeth. In. the charters of all there is a clause, empowering the dean to make, punish, and unmake all the officers. In the statutes of one of them (Carlisle) the dean's consent, in all the graviores causa, is made expressly necessary, and in the other two nothing from the foundation of those churches ever passed the seal without the dean's sigilletur first written on the lease, presentation, &c. which is a manifest and uncontested proof of his negative. As to the power of proposing, that I apprehend not to be exclusive to the other members of chapters. It is a point chiefly of decency and convenience; the dean being the principal person, and supposed best to be acquainted with the affairs of the church, and in what order they are fittest to be transacted. But if any one else of the body will propose any thing, and the rest of the chapter will debate it, I see not how the dean can hinder them, unless it be by leaving the chapter; and that itself will be of no moment in churches where his absence does not break up and dissolve the chapter; as it does, where his consent to any thing there treated of is expressly required before it can pass into an act. Where, indeed, he is allowed such a negative, he is generally allowed to make all proposals; because it would be to no purpose for

* Carlisle, Christ-Church, and Westminster.-N.

any one to make a proposition which he can quash by a dissent: but this is not, I say, a matter of right, but prudence.

Upon the whole, the best advice I can give you is, whatever your powers are by statute or usage, not to insist on them too strictly in either of the cases mentioned by you, unless you are very sure of the favour and countenance of your visitor. visitor. The lawyers, you will find, whenever such points come before them for a decision, are very apt to disregard statutes and customs in such cases; and to say that their books make the act of the majority of the corporation the legal act of the body, without considering whether the dean be among the minority or not. And therefore your utmost dexterity and address will be necessary, in order to prevent such a trial. of your right at common law; which, it is ten to one (especially as things now stand), will go against you. If the refractory part of your chapter are stout, and men of any sense, or supported underhand (the last of these is highly probable), you had better make use of expedients to decline the difficulty, than bring it at present to a decision. These are the best lights, and this the best advice, I can give you, after a long experience of the natural consequences of such struggles, and a careful search into the foundation of the powers and privileges claimed and disputed on the one side and the other. I wish I could say any thing more to your satisfaction, but I cannot; and I think, in all such cases, the best instance I can give you of my friendship is not to deceive you.

There is a statute* in the latter end of King Henry the Eighth's reign worthy of your perusal. The

* 33 Hen. VIII. c. 37.-N.

title of it relates to the leases of hospitals, &c. and the tenor of it did, in my apprehension, seem always to imply, that without the dean, master, &c. nothing could be legally done by the corporation. But the lawyers will not allow this to be good doctrine, and say that statute (notwithstanding a constant phrase of it) determines nothing of this kind, and, at the most, implies it only as to such deaneries, &c. where the dean, master, &c. have the right of a negative, by statute or usage. A few lawyers there. are, who will allow even thus much. I cannot explain myself farther on that head; but, when you peruse the statute, you will see what I mean; though, after all, it does not, I believe, include Ireland. However, I look upon it as a declaration of the common law here in England.

I am sorry you have any occasion to write to me on these heads, and much sorrier that I am not able to give you any tolerable account of them. God forgive those who have furnished me with this knowledge, by involving me designedly into those squabbles. I thank God, I have forgiven them.

I will enter into nothing but the inquiries of your letter, and therefore add not a word more, either in English or Latin, but that I am, with great esteem, good Mr Dean,

Your very affectionate humble servant,

FR. ROFFEN.

TO BISHOP ATTERBURY.

MY LORD,

April 18, 1716.

I AM extremely obliged to your lordship for the

trouble you have given yourself in answering at length a very insignificant letter. I shall entirely follow your lordship's advice to the best of my skill. Your conjectures from whence my difficulties take their rise are perfectly true. It is all party. But the right is certainly on my side, if there be any thing in constant immemorial custom. Besides, though the first scheme of this cathedral was brought from Sarum, yet by several subsequent grants, from popes, kings, archbishops, and acts of parliament, the dean has great prerogatives. He visits the chapter as ordinary, and the archbishop only visits by the dean. The dean can suspend and sequester any member, and punishes all crimes except heresy, and one or two more reserved for the archbishop. No lease can be let without him. He holds a court leet in his district, and is exempt from the lord mayor, &c. No chapter can be called but by him, and he dissolves them at pleasure. He disposes absolutely of the petty canons and vicars-choral places. All the dignitaries, &c. swear canonical obedience to him. These circumstances put together, I presume, may alter the case in your lordship's judgment, However, I shall, as your lordship directs me, do my utmost to divert this controversy as much as I can. I must add one thing, that no dignitary can preside without a power from the dean, who, in his absence, makes a subdean, and limits him as he pleases. And so much for deaneries, which I hope I shall never trouble your lordship with again.

I send this enclosed, and without superscription, to be sent or delivered to you by a famous friend of mine, and devoted servant of your lordship's.

I congratulate with England for joining with us here in the fellowship of slavery. It is not so terrible a thing as you imagine: we have long lived un

der it; and whenever you are disposed to know how you ought to behave yourself in your new condition, you need go no farther than me for a director. But, because we are resolved to go beyond you, we have transmitted a bill to England, to be returned here, giving the government and six of the council power for three years to imprison whom they please for three months, without any trial or examination: and I expect to be among the first of those upon whom this law will be executed. We have also outdone you in the business of Ben Hoadley; and have recommended to a bishoprick one* whom you would not allow a curate in the smallest of your parishes. Does your lordship know that, as much as I have been used to lies in England, I am under a thousand uneasinesses about some reports relating to a person that you and I love very well? I have writ to a lady upon that subject, and am impatient for an answer. † I am gathering up a thousand pounds, and intend to finish my life upon the interest of it in Wales.

God Almighty preserve your lordship miseris succurrere rebus, whether you understand or relish Latin or no. But it is a great deal your fault if you suffer us all to be undone; for God never gave such talents without expecting they should be used to preserve a nation. There is a doctor in your neighbourhood, to whom I am a very humble servant. I am, with great respect, your lordship's most dutiful, &c.

JON. SWIFT.

* Dr Charles Carr, Bishop of Killaloe.-N.

+ See the subsequent letter from Lady Bolingbroke.

Dr R. Friend.-N.

VOL. XVI.

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