freehold office.

And that it was not necessary to return

the cause of amotion (p).

The dean may make a deputy or sub-dean, to exercise Dean may the spiritual jurisdiction; yet such deputy cannot charge make a deputy. the possessions of the church, so as to confirm leases, unless

it be otherwise provided by the local statutes (g).

There is usually a sub-dean appointed from the canons. Rights of subThe following curious case was decided by the Court of dean. Arches relative to the rights of that officer (r):

In the cathedral church of Chichester, from a very early period, there has been an officer called the sub-dean, who is not a member of the chapter, and is not inducted into a stall. Except on very rare occasions, the sub-dean has been also vicar of the parish in which the cathedral is locally situated. For many centuries, and until the year 1852, the north transept of the cathedral was used as a church by the parishioners of the same parish, and the churchyard adjoining the cathedral as their place of burial. No church-rate was ever levied upon the parish for the repairs of the north transept, but the whole expense of the maintenance of the north transept and the churchyard was defrayed by the dean and chapter, and the services regulated and controlled by them also. The inhabitants of the precincts of the close maintained their own poor apart from the parish, and held an annual vestry in the south transept of the cathedral to lay a rate for that purpose; and they were not inhabitants of the parish, so as to be presented to the ordinary if they did not receive the sacrament in the parish church at Easter. The vicar and sub-dean kept the registers both of the parish and of the precincts of the close. Before the year 1813 the names of the inhabitants of the parish and of the close were entered promiscuously in the register books of baptisms, marriages, and burials. After 1813 the marriages of inhabitants of the parish and the close were still entered in the same book, but the baptisms and burials were entered in separate books for the parish and for the close. The vicar and sub-dean performed all the ordinary ministerial duties for, and received the usual fees from, the inhabitants of the parish and of the close, and for many years some of the inhabitants of the precincts of the

(p) The Queen v. The Dean and Chapter of Chester (1850), 15 Adol. & Ell. p. 513.

(q) God. 55; Wats. c. 44; Noy, 93; Palm. 460; Latch. 237, 250, Evans v. Ascough.

(r) Braithwaite v. Hook (before Dr. Lushington, Dean of Arches, November, 1861),8 Jurist, N. S., p. 1186, and special report. See p. 152, supra.

dean.

Rights of sub-close paid Easter offerings to the vicar and sub-dean. The court held, that the right conceded to the parish by using the north transept for divine service and the churchyard for burials was only a limited privilege, and the incumbent of the parish had only such rights, as vicar, as were incidental to the privileges conceded, and were limited accordingly. That such rights were extinguished in 1852, when a new church was substituted for the north transept, and in 1854 when the cathedral churchyard was closed for burials by an order in Council. That the sub-dean, as distinguished from the vicar, had separate rights and duties, namely, the discharge of spiritual functions within the close, and the ministerial fees arising from the duties so discharged. That the appointment of sub-dean did not legally incapacitate the dean, when he thought fit, from personally discharging the spiritual duties in respect of the inhabitants of the close.

Residence of the dean.

Dean's ecclesiastical duty.

If the foundation of the cathedral and the grant of the adjoining land date before the year 1189, and the institution of civil parishes, it will be presumed that neither the site of the cathedral nor of the precincts are within the limits of any parish.

An office held by a person called a sub-dean, in a cathedral, but independently of the dean, and not subject to the cathedral authorities, is an anomaly unknown to the law.

Every dean shall be resident in his cathedral church fourscore and ten days, conjunctim or divisim, in every year at the least, and then shall continue there in preaching the word of God, and keeping good hospitality, except he shall be otherwise let with weighty and urgent causes to be approved by the bishop, or in any other lawful sort dispensed with (s).

Deans in cathedral and collegiate churches shall not only preach there in their own persons, so often as they are bound by law, statute, ordinance, or custom, but shall likewise preach in other churches of the same diocese where they are resident, and especially in those places whence they or their church receive any yearly rents or profits. And in case they themselves be sick, or lawfully absent, they shall substitute such licensed preachers to supply their turns as by the bishop shall be thought meet to preach in cathedral churches. And if any otherwise neglect or omit to supply his course as is aforesaid, the offender shall be

($) Can. 42.

punished by the bishop, or by him or them to whom the jurisdiction of that church appertaineth, according to the quality of the offence (t).

deanry during

By 28 Hen. 8, c. 11, The profits of a deanry during Profits of a the vacation shall go to the successor towards the payment the vacation. of his first-fruits.

Among the minor officers of every cathedral there are Vicarspersons whose duty it is to assist in the services of the choral. cathedral, who are generally divided into the two classes of petty or minor canons and vicars-choral, though according to the statutes of different cathedrals they appear sometimes to pass under different names.

By Canon 42 of 1603 "every dean of a cathedral or collegiate church shall take special care that "the petty canons, vicars-choral and other ministers of their church be urged to the study of the Holy Scriptures, and every one of them to have the New Testament not only in English but also in Latin.'

By Canon 24, "vicars, petty canons, singing-men, and all others of the foundation shall receive the Communion four times yearly at the least."

These officers are by sect. 124 included within the meaning of "cathedral preferment" in 1 & 2 Vict. c. 106, and are further referred to in the second section of this chapter. With respect to vicars-choral, the Common Pleas have Dilapidations decided that, a vicar-choral of the cathedral church of by vicarsWells is a "corporation sole," and his personal representative is liable to an action at the suit of his successor in the vicarage, for dilapidations of the house held by him as such vicar-choral.

And, even if he were not strictly a "corporation sole," semble, per Erle, C. J., that he still has such a sole estate in the house as to create the liability (u).

choral.

vicar-choral.

The same tribunal has decided that a vicar-choral of St. As to Paul's Cathedral is not entitled during his year of proba- emoluments of tion to share in a fine paid on the renewal of a lease by the dean and chapter and vicars-choral, of an estate which is one of the sources of the emoluments enjoyed by such vicars-choral. Had he been entitled, money had and received would, it seems, have been the proper form of action to recover it, either against all the other vicars-choral, or against the pittansary, the person intrusted with the collection and distribution of the funds (v).

How the firstfruits of the revenues

thereof shall

he charged.

Exemption of

archidiaconal jurisdiction.

"Where the dean or other chief governor of any cathedral or collegiate church, hath a certain portion of the possessions alone limited to his office; and every prebendary, vicar, petty canon, and other minister spiritual hath another alone and distinctly limited to his respective office; they shall be rated for their first-fruits separately and not jointly" (w).

Every see or cathedral (as such) is exempt from archicathedral from diaconal jurisdiction. Thus a bishop's see having been newly erected within the limits of a certain archdeaconry, it was represented that the archdeacon had presumed to exercise his jurisdiction over the bishop there consecrated and the church; and Gregory IX. decreed thereupon that this should no more be done, but that the bishop should be exempt from the archidiaconal jurisdiction, which decretal epistle became part of the body of the canon law (x).

Cathedral, the parish church

of the whole diocese.

Acknowledg

ment paid thereunto upon that account.

The cathedral church is the parish church of the whole diocese (which diocese was therefore commonly called parochia in ancient times, till the application of this name to the lesser branches into which it was divided, made it for distinction's sake to be called only by the name of diocese) and it has been affirmed, with great probability, that if one resort to the cathedral church to hear divine service, it is a resorting to the parish church, within the natural sense and meaning of the statute (y).

Upon which account it is ordained by a canon of Simon Mepham, Archbishop of Canterbury, that in certain cases, they who cannot be cited personally, nor in their dwellinghouse, may be cited in their parish church; and if they have no parish church, or that does not appear, then they shall be cited in the cathedral (z).

And by Can. 65: Excommunicates shall be denounced every six months, as well in the parish church, as in the cathedral church of the diocese.

In honour of the cathedral church, and in token of subjection to it, as the bishop's see, every parochial minister within the diocese pays to the bishop an annual pension, called anciently cathedraticum. This acknowledgment is supposed to have taken rise from the establishment of distinct parishes, with certain revenues, and thereby the separating of those districts from the immediate relation they had borne to the cathedral church. By a canon of the council of Bracara, this pension is called honor cathedræ episcopalis, and restrained (if it was not limited be

fore) to two shillings each church: which canon became afterwards part of the canon law of the church, with this gloss upon the words two shillings (viz. at most; for sometimes less is given); and has been received in England, as in other churches, under the name of synodaticum, or synodals, because generally paid at the bishop's synod at Easter (a).

Bishops shall be at their cathedrals, on some of the Bishop's regreater feasts, and at least in some part of Lent (b).

Bishops shall reside at their cathedral churches, and officiate there on the chief festivals, on the Lord's days, and in Lent, and in Advent (c).

Bishops shall be personally resident to take care of their flock, and for the comfort of the churches espoused to them; especially on solemn days, in Lent and Advent: unless their absence be required by their superiors, or for other just cause (d).

sidence at cathedral.

sidence there.

By Can. 42 of 1603, "Every dean, master, or warden, Dean and or chief governor of any cathedral or collegiate church, chapter's reshall be resident there fourscore and ten days, conjunctim or divisim, in every year at the least, and then shall continue there in preaching the word of God and keeping good hospitality; except he shall be otherwise let with weighty and urgent causes to be approved by the bishop, or in any other lawful sort dispensed with. And when he is resident, he with the rest of the canons or prebendaries resident shall take special care, that the statutes and laudable customs of the church (not being contrary to the word of God or prerogative royal), the statutes of this realm being in force concerning ecclesiastical order, and all other constitutions now set forth and confirmed by his majesty's authority, and such as shall be lawfully enjoined by the bishop of the diocese in his visitation according to the statutes and customs of the same church or the ecclesiastical laws of this realm, be diligently observed; and that the petty canons, vicarschoral, and other ministers of their church, be urged to the study of the Holy Scriptures; and every one of them to have the New Testament not only in English, but also in Latin."

By Can. 44, Prebendaries, at large, shall not be absent from their cures above a month in the year; and residentiaries shall divide the year among them, and when their residence is over, shall repair to their benefices.

(a) Gibs. 171.

(b) Langton, Lind. 130.

(c) Otho, Athon, 55.
(d) Othobon, Athon, 118.