a copy thereof, proved by witnesses, shall be good evidence, whereupon such vicars or curates may recover the benefit of such augmentation." Sect. 8. "And if upon the surrender, expiration, or other [90] determination of any lease wherein such augmentation hath been or shall be granted, any new lease of the premises, or any part thereof, shall hereafter be made, without express continuance of the said augmentation; every such new lease shall be utterly void." Sect. 7. "And if any question shall arise concerning the validity of such grants, or any other matter or thing in this act contained; such favourable constructions, and such further remedy, if need be, shall be had and made, for the benefit of the vicars and curates, as may be had for other charitable uses, upon the statutes for charitable uses." [See title Benefice, Augmentation of, p. 184 d, for the 1 & 2 Will. 4, c. 45, which partially repeals and greatly extends the provisions of 29 Car. 2. See also titles First Fruits, Erchange, and Union.-ED.] By the statute of the 12 Anne, sess. 1, c. 4, provision is made for the augmentation of small livings in the West Riding of the county of York, by inclosing of wastes therein. IV. Vicarages, how dissolved. Vicarages, though duly created, and of long continuance, might be dissolved. The great case in which this point came under consideration was that of Britton and Wade, M., 16 Jac. (f). An appropriation had been made in the time of King John, and so continued till the reign of Henry VI., when upon the prior's petition to the pope, in regard the priory was poor, the pope granted by his bulls, that for the future the prior should appoint one of his monks to officiate in the cure, who should be removable at the will of the prior. And this was held to be a good dissolution; because the appropriation, having been made before the 15 Rich. 2, and 4 Hen. 4, was not within those statutes. But Doderidge and Haughton, Justices, held, that if the appropriation had been within the said statutes, neither pope nor ordinary could have dissolved the vicarage; for if they could be supposed to have that power, the great design of the statute of the 2 Hen. 4, (namely, to have a vicar perpetually incumbent), might be defeated at pleasure. And though such a power of dissolution were supposed to be consistent with that statute, it seems by no means reconcilable with the disabling statute of the 13 Eliz. c. 10, against the granting or conveying the possessions of vicars, as well as of others, in any other manner than that statute directs (g). (f) Cro. Jac. 515; 2 Ro. Rep. 97, (g) Gibs. 720. 127; Palm. 113, 219. VOL. I. H 7 But notwithstanding those two statutes, and the opinions of the two learned judges aforesaid, when the case of Parry and Banks (h) was brought into the Exchequer in the twelfth year of the same king, where a vicarage was endowed upon an appropriation to the dean and chapter of St. Asaph, and in the 24 Eliz. was dissolved by the bishop, and united to the rectory, it was held by the barons that the dissolution was good (i); because the appropriation being to the dean and chapter, and so remaining in a spiritual hand which was capable of the cure, it might well be dissolved. And this appropriation being one of those which came into the king's hands in the 31 Hen. 8, and by the king transferred to the dean and chapter; the court further resolved that if the impropriation had become a lay fee in the hands of a temporal possessor, the vicarage could not have been dissolved, because that would be in effect to destroy the cure (k). Two things more are delivered in the books of common law, concerning dissolution of vicarages, and the union thereof to their rectories: 1. That though a vicarage is taken out of the parsonage, and (for the poverty and necessity thereof) may be dissolved and reunited, to supply the parsonage; yet the not presenting for a long time (as for 160 years, which was the case in the books), shall not be a discontinuance of the vicarage(); but something ought to be shown of the act of reuniting. 2. If a vicarage is to be dissolved into a parsonage presentative, the king's licence is not necessary, because no loss accrues to the crown; but if it is to be dissolved into a parsonage appropriatory, there must be the king's licence, because he for ever loseth his title by lapse (m). If the parson appropriate who is patron of the vicarage of the same church, doth present the vicar to the parsonage, this is a reunion of the vicarage to the parsonage, so that the presentee shall have all the tithes and other profits of the church (n). Per Windham, J., all appropriations are preternatural, and the church during such time is in bondage, and therefore by presentation is made presentative (o). [92] The usual Form of the Endowment of a Vicarage was to this effect. Universis Christi fidelibus præsens scriptum visuris vel audituris; Robertus permissione divina Carliolensis ecclesiæ minister humilis, salutem in Domino sempiternam. Cum nos ad taxationem perpetuæ vicariæ ecclesiæ de Orton nostræ dioceseos vocati, priori et conventui ecclesiæ de Cunninshed prædictæ ecclesiæ rectoribus quod taxationi prædictæ interessent, si sibi viderint expedire, authoritate apostolica he ought not to take advantage. Cro. Eliz. 873. (h) Austin's case, Cro. Jac. 518; 2 (i) See the true reason in the notes (k) Gibs. 720. (1) For the not presenting a vicar is the default of the parson, of which (m) Austin's case, Cro. Jac. 518; Gibs. 720. (n) Wats. c. 17. præcepissemus; ac super valorem predictæ ecclesiæ eadem authoritate per viros fide dignos ad hoc juratos et examinatos plenarie inquisitiones fecissemus; prædictus prior pro se et conventu suo in præsentia nostra constitutus, quoad taxationem prædictam ordinationi nostræ totaliter se submisit. Nos igitur invocata Spiritus Sancti gratia, prædictis facultatibus pensalis prædictæ ecclesiæ, authoritate prædicta, in prædictæ ecclesiæ vicariam perpetuam taxamus quatuor libras et quatuordecim solidos. Pro prædicta summa pecuniæ, perpetuæ assignamus eidem vicaria portiones inferius scriptas; videlicet, duas mansiones, cum duabus bovatis terræ, cum omnibus earundem easmentis et pertinentibus omnimodis infra villam et extra, ad easdem mansiones cum duabus bovatis terræ ad ipsas spectantibus, quæ propinquiores sunt ecclesiæ prædicta; et omnes obventiones, mortuaria viva et mortua, et eorum optima vestimenta; oblationes, videlicet, die omnium sanctorum, die natalis Domini, die purificationis beatæ Mariæ, et die paschalis; in nuptiis, obitibus, purificationibus, et in omnibus aliis devotionibus dicta ecclesiæ provenientibus; nec non lanæ et agnorum, et si oves et agni ante festum sancti Martini in hyeme non tondeantur, vel post dictum festum quovis casu fortuito moriantur, decima solvantur debito modo et exigantur; lini, et cannabis, et molendinorum, et alias minutas decimas boscorum, pannagii sylvarum, et aliarum arborum si vendantur, stagnorum, columbariorum, hortorum, turborum in locis quibus fodiuntur, aucarum, et anatum, ovorum et pullorum, nec non porcellorum, apium mellis et ceræ, artificiorum, negotiationum, nec non stipendiorum, et omnium proventuum rerum aliarum, de cætero satisfaciant ecclesiæ prædicta competenter, ut de jure teneantur; et etiam decimas garbarum prædictarum duarum bovatarum terræ prædictæ vicaria assignatarum. (Exceptis decimis albis pullinorum et vitulorum, decima fceni, nec non et decima propriorum omnium prædicti prioris et conventus in prædicta parochia existentium, cui quas rectori volumus assignari.) Ita quod vicarius qui pro tempore fuerit omnia onera ordinaria et extraordinaria pro portione ipsi contingente, videlicet, pro [93] tertia parte, plenarie sustinebit. Ipso vero vicario cedente vel decedente, prædicti prior et conventus liberam habeant facultatem ad eandem vicariam clericum idoneum præsentandi. In cujus rei testimonium præsenti scripto sigillum nostrum apponi fecimus; datum apud Romam septimo idus Aprilis, anno Domini millesimo ducentesimo sexagesimo tertio, et pontificatus nostri anno quinto. The law concerning the residence of vicars upon their benefices, is inserted under the title Residence. Aquæ-bajalus-see Parish Clerk. Archdeacon (p). [THOUGH archdeacons in these latter ages of the churches have usually been of the order of presbyters, yet anciently they were no more than deacons. So Hieron. ep. 85, ad Evagr. "aut diaconi eligant de se quem industrium noverint et archidiaconum vocent." He was the principal deacon, as the archipresbyter was the principal presbyter of each church. It is matter of great dispute whether he was elected by the deacons or appointed by the bishop; but it would seem that he was usually a person possessing such influence in the church as to be chosen the bishop's successor. The primitive offices of the archdeacon may be all enumerated under five heads. First, to attend the bishop to the altar and to order all things relating to the inferior clergy and the ministrations in the church. Secondly, to assist the diocesan in the distribution and management of the ecclesiastical revenues. Thirdly, to assist him also in preaching; for as any deacon was authorized to preach by the bishop's leave, so the archdeacon, being the most eminent of the deacons, was more frequently selected for the discharge of this duty. Fourthly, he also bore a part with the bishop in the ordination of the inferior clergy; such as subdeacons, acolythists, &c. (see tit. Acolyth). Fifthly, the archdeacon was also invested with authority to censure the inferior clergy, but not the presbyters, that is to say, not in the first ages of the church; but some time before the compilation of the Decretum by Gratian, the practice of choosing archdeacons from the order of presbyters had begun. So also it appears doubtful whether the archdeacon's power anciently extended over the whole diocese or was confined to the city or mother church. During the middle ages of the church it was undoubtedly coextensive with the diocese. Isidorus Hispalensis, who lived at the beginning of the seventh century, describes his office as follows (q): "Solicitudo quoque parochiarum et ordinatio et jurgia ad ejus pertinent curam. Pro reparandis diœcesanis basilicis ipse suggerit sacerdoti.. Ipse inquirit parochias cum jussione episcopi et ornamenta vel res basilicarum parochiarum et libertatum episcopo idem refert." His office was distinguished by the several epithets of " Chorepiscopus," derived probably from the words "cor Episcopi," as deacons were called the eyes, ears, and mouth of the bishop (r), and of 94, x. 1, 23; Lynd. 49; Atk. 52, 93.ED.] (p) [Bingham's Antiquities of the Christian Church; Stillingfleet's Miscell. 242; and Ecclesiastical Cases, 14; Wilkins' Concilia, 1; Dugdale's Monasticon Anglicanum. See also Corp. Jur. Can. Dist. 25, c. 1; Dist. (9) [See ep. ad Ludifred. et apud Grat. Dist. 25, c. 1.] (r) [Const. Apost. lib. ii. c. 44, 1. 3, c. 19; Clement's Epistle to James, &c.-ED.] "oculus Episcopi," as he is designated in the Decretals (s) and by the Council of Trent (t), as well as by more ancient authors. [The original of this office is lost in great obscurity, and its exact date has been the subject of much dispute. All that can be alleged with certainty seems to be that inasmuch as it is mentioned by St. Jerome and other writers of the fourth century, it must have been instituted before that period. Stillingfleet says, "By the 4th council of Toledo the bishop was to visit his whole diocese parochially every year. The Gloss saith, if there were occasion for it; and that the bishop may visit as often as he sees cause; but if he be hindered, the canon saith, he may send others (which is the original of the archdeacon's visitation) to see not only the condition of churches, but the lives of the ministers." The early ecclesiastical records of our own country mention the archidiaconal dignity as a part of the cathedral constitution. The archdeacons are described as members of the chapter, whose particular office it was to assist the bishop in the exterior government of the church, while the duty of others, such as the dean and chancellor, was connected with their residence in the cathedral (u). Thus the chapter of Lincoln is said to have been transplanted by Remigius, Bishop of Lincoln, from Dorchester, who placed there a dean, treasurer, precentor, and seven archdeacons (x). In Salisbury, a narrower diocese, there were four archdeacons. "Quatuor itaque sunt persona in ecclesiâ Sarisburiensi decanus: cantor, cancellarius, thesaurarius, quatuor archidiaconi," &c.(y) When Bishop Douglas, of Moray in Scotland, erected the church of Spyny into the cathedral church of Moray, he wrote to the dean and chapter of Lincoln for advice, in obedience to which he appropriated one canonry to an archdeacon. "Investietur autem archidiaconus et installabitur in prædictâ canoniâ sicut canonicus in ecclesiá Lincoln” (z). The archdeacons were empowered to hold rural chapters and elect rural deans (a), and at such rural chapters they communicated to the clergy the canons enacted by the bishop, with the consent of the chapter. [It seems that longer leave of absence from his cathedral was granted to an archidiaconal canon on account of the particular nature of his duties (b). When the see and cathedral church of Peterborough was founded by Henry VIII., the charter expressly states that the archdeacon of Northampton, now removed from the diocese of Lincoln to that of Peterbo |