CHAPTER VII. DEANS OF PECULIARS. THE word dean is also applied to divers that are the chief Deans without of certain peculiar churches or chapels: as the dean of his jurisdiction. majesty's chapel royal, and the dean of the chapel of St. George at Windsor; not being the heads of any collegiate body, nor endowed with any jurisdiction, but only dignified and honoured with the name and title (g). And as there are some deans without jurisdiction, so Without a there are also some deans with jurisdiction, but without chapter. any chapter: as the dean of Croydon in Surrey, the dean of Battle in Sussex, the dean of Bocking in Essex, and many others (h). Although the Bishop of Chichester admits the dean Dean of Battle. of the exempt jurisdiction of Battle within that diocese, and commits to him the cure and jurisdiction of that church; yet the patron thereof is to institute and induct him; and the patrons accordingly have given the deans institution and induction for some hundreds of years, and without question such institution and induction is good: but this deanry was originally given to the incumbents as a donative only by the patron, and the bishop admits or approves of the patron's presentee, and commits to him the cure and jurisdiction, by composition only (i). The dean of the Arches is the judge of the Court of Dean of the Arches, so called of Bow Church in London, by reason Arches. of the steeple thereof raised at the top with stone pillars in fashion like a bow bent archwise; in which church this court was ever wont to be held, being the chief and most ancient court and consistory of the jurisdiction of the Archbishop of Canterbury; which parish of Bow, together with twelve others in London, whereof Bow is the chief, were within the peculiar jurisdiction of the said archbishop Dean of St. Profits during vacation. Modern law. in spiritual causes, and exempted out of the Bishop of London's jurisdiction (k). And it is supposed that he was originally styled dean of this court by reason of his substitution to the archbishop's official, when he was employed abroad in foreign embassies; whereby both these names or styles became at last in common understanding, as it were, synonymous (1). There is or was also a deanry of St. Martin le Grand in London, concerning which Lyndwood puts the question, whether it be such an ecclesiastical benefice as that the incumbent thereof may incur such penalties as other persons beneficed may incur. And after deep inquiries into the laws, precedents and antiquities, foreign and domestic, with delectable variety of great learning on both sides argumentatively and impartially, at last concludes it in the affirmative (m). It is said, that after the death of the dean of a free chapel belonging to the king, the king shall have the profits of the deanry; for it is at his pleasure whether he will collate a new dean to it (n). But otherwise, by the statute of 28 Hen. 8, c. 11, the profits of all spiritual promotions, benefices, dignities or offices, inferior to those of archbishop and bishops, shall go to the successor, towards the payment of his first fruits. Now, however, by various acts deans of peculiars have been deprived of almost all their jurisdiction. By 3 & 4 Vict. c. 86, all proceedings against clerks in holy orders take place before the bishop of the diocese. By 10 & 11 Vict. c. 98, an annual act, but continued yearly, the jurisdiction over all parts of dioceses annexed to new dioceses by the early Ecclesiastical Commission Acts is given to the bishops and ecclesiastical courts to which they are annexed. 13 & 14 Vict. c. 76, makes special provision for abolishing the royal peculiar of St. Burian's in Cornwall; and the ecclesiastical commissioners are empowered by various statutes to frame schemes for the abolition of other peculiars (o). (k) God. 100. (1) God. 102. (m) God. 53; Lind. 125. (n) God. 52. (0) See 6 & 7 Will. 4, c. 77, s. 10; 13 & 14 Vict. c. 94, s. 24. CHAPTER VIII. TITLES OF OFFICIATING CLERKS. CLERKS in holy orders who are employed in discharging other offices in the church have various designations in various states. In England these officers are known to the law by the following designations: 9. The office of "Reader," though it may in our Church be discharged by a Layman. Of these clerks in holy orders the rector, vicar, perpetual curate and donee have benefices with cure of souls. It is proposed to give some account of these officers and of the ministers of chapels of ease before the general subject of benefice and advowson be examined. In a subsequent chapter the stipendiary curate, the chaplain, the lecturer, the reader, who have not, strictly speaking, benefices, will be treated of. For the various classes of officiating ministers created by the Church Building Acts, the later part of this work which deals with this subject must be consulted. CHAPTER IX. PARSONS OR RECTORS AND VICARS. SECT. 1.-Preliminary. 2.-Origin of the Appropriation of Churches. 6.- Conversion into Rectories. Parson or rector. Vicars. SECT. 1.-Preliminary. PARSON, persona, properly signifies the rector of a parish church; because during the time of his incumbency he represents the church, and in the eye of the law sustains the person thereof, as well in suing as in being sued, in any action touching the same (a). Parson imparsonee (persona impersonata) is he that as lawful incumbent is in actual possession of a parish church, and with whom the church is full, whether it be presentative or impropriate (b). Vicars are next to be considered. It is necessary to preface the account of the status of vicars by a sketch of what is known to our law by the title of " Appropriation." The subject may be discussed under these four heads: Origin of the Appropriation of Churches. (a) God. 185; Lyndwood, p. 117, 1. 3, t. 1, De vitâ, and gloss e. on personatibus, "Est enim illud nomen, personæ, vulgare SECT. 2.-Origin of the Appropriation of Churches. For the first six or seven centuries (c), the parochia was the diocese or episcopal district, wherein the bishop and his clergy lived together at the cathedral church; and whatever were the tithes and oblations of the faithful, they were all brought into a common fund, from whence a continual supply was had, for support of the bishop and his college of presbyters and deacons, and for the repair and ornaments of the church, and for other suitable works of piety and charity. So that before the distribution of England into parishes (as the word is now used) all tithes, offerings and ecclesiastical profits whatsoever, did entirely belong to the bishop and his clergy for pious uses, and by their original nature could not be in the hands of any layman, or be employed to any secular purpose. This community and collegiate life of the bishop and his clergy, appears to have been the practice of our British, and was again appointed for the model of our Saxon churches. While the bishops thus lived amongst their clergy, re- History of siding with them, in their proper seats or cathedral appropriation. churches; the stated services, or public offices of religion, were performed only in those single choirs; to which the people of each whole diocese resorted, especially at the more solemn times and seasons of devotion. But to supply the inconveniences of distant and difficult access, the bishop sent out some presbyters into the remoter parts, to be itinerant preachers, or occasional dispensers of the word and sacraments. Most of these missionaries returned from their holy circuit to the centre of unity the episcopal college, and had there only their fixed abode; giving the bishop a due account of their labours and successes in their respective progress. Yet some few of the travelling clergy, where they saw a place more populous, and a people zealous, built there a plain and humble conveniency for divine worship; and procured the bishop to consecrate it for an oratory or chapel at large, not yet for a parish church, or any particular congregation, to be confined within certain bounds and limits. And while the necessities of the country were thus upon occasion supplied, it did not alter the state of the ecclesiastical patrimony; which still remained invested in the bishop for the common uses of religion, as devoted solely to God and his clergy. The division of a diocese into rural parishes, and the foundation of churches adequate to them, cannot be ascribed to any one act, nor indeed to any one single age. (c) This introductory sketch is taken from Kennet. |