ps: but in those chapters, that were founded by Henry VIII out of
the spoils of the dissolved monasteries, the deanery is donative, and
the installation merely by the king's letters patent[g]. The chapter,
consisting of canons or prebendaries, are sometimes appointed by the
king, sometimes by the bishop, and sometimes elected by each other.
[Footnote g: Gibs. cod. 173.]
THE dean and chapter are, as was before observed, the nominal electors
of a bishop. The bishop is their ordinary and immediate superior; and
has, generally speaking, the power of visiting them, and correcting
their excesses and enormities. They had also a check on the bishop at
common law: for till the statute 32 Hen. VIII. c. 28. his grant or
lease would not have bound his successors, unless confirmed by the
dean and chapter[h].
[Footnote h: Co. Litt. 103.]
DEANERIES and prebends may become void, like a bishoprick, by death,
by deprivation, or by resignation to either the king or the bishop[j].
Also I may here mention, once for all, that if a dean, prebendary, or
other spiritual person be made a bishop, all the preferments he was
before possessed of are void; and the king may present to them in
right of his prerogative royal. But they are not void by the election,
but only by the consecration[i].
[Footnote j: Plowd. 498.]
[Footnote i: 2 Roll. Abr. 352. Salk. 137. [Transcriber's Note:
Footnotes j and i are in this order in the original.]]
III. AN arch-deacon hath an ecclesiastical jurisdiction, immediately
subordinate to the bishop, throughout the whole of his diocese, or in
some particular part of it. He is usually appointed by the bishop
himself; and hath a kind of episcopal authority, originally derived
from the bishop, but now independent and distinct from his[k]. He
therefore visits the clergy; and has his separate court for punishment
of offenders by spiritual censures, and for hearing all other causes
of ecclesiastical cognizance.
[Footnote k: 1 Burn. eccl. law. 68, 69.]
IV. THE rural deans are very antient officers of the church[l], but
almost grown out of use; though their deaneries still subsist as an
ecclesiastical division of the diocese, or archdeaconry. They seem to
have been deputies of the bishop, planted all round his diocese, the
better to inspect the conduct of the parochial clergy, and therefore
armed with an inferior degree of judicial and coercive authority[m].
[Footnote l: Kennet. par. antiq. 633.]
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