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whom the church is full, whether it be presentative or impropriate. i Inst. 300.
The law concerning parsons, as distinct from vicars, is treated of under the title appropriation.
provinces, as an archbishop is of several dioceses; and hath several archbishops under him. God. 20.
Patron, Patronage. See advowson.
(EMPT jurisdictions are so called, not because they Exempt ju
are under no ordinary; but because they are not under risdictions the ordinary of the diocese, but have one of their own. These in general. are therefore called peculiars, and are of several sorts. 1 Still. 336.
2. As, first, Royal peculiars : which are the king's free cha- Royal pepels, and are exempt from any jurisdiction but the king's, and culiars. therefore such may be resigned into the king's hands as their proper ordinary; either by ancient privilege, or inherent right. 1 Still. 337. Lindw. 125.
3. Peculiars of the archbishops, exclusive of the bishops and Archbiarchdeacons; which sprung from a privilege they had to enjoy shops' pecujurisdiction in such places where their seats and possessions were: and this was a privilege no way unfit or unreasonable, where their palaces were, and they oftentimes repaired to them in person; as anciently the archbishops appear to have done, by the multitude of letters dated from their several seats. Gibs. 978. (m)
In these peculiars (which, within the province of Canterbury, amount to more than a hundred, in the several dioceses of London, Winchester, Rochester, Lincoln, Norwich, Oxford, and Chichester) jurisdiction is administered by several commissaries; the chief of whom is the dean of the arches, for the thirteen peculiars within the city of London.(9) And of these Lind
(m) Vide Godolph. Repert. Canon. 13, 14.
(9) The “ Peculiars of Canterbury," Karistoxny embrace 13 parishes within the city of London, composing the deanery of the arches, and the several parishes composing the deaneries of Croydon in Surrey, and Shoreham in Kent; of these the dean of the arches is judge: in
wood (p. 79.) observes that their jurisdiction is archidiaconal.
Gibs. 978. l'eculiars . 4. Peculiars of bishops, exclusive of the jurisdiction of the of bishops in another
bishop of the diocese in which they are situated. Of which diocese. sort, the bishop of London hath four parishes within the diocese
of Lincoln; and every bishop who hath a house in the diocese of another bishop, may therein exercise episcopal jurisdiction. [See
Bishop.] And therefore Lindwood (p. 318.) says, the significa[ 74 ] tion of bishoprick is larger than that of diocese, because a bishoprick
may extend into the diocese of another bishop, by reason of a peculiar jurisdiction which the bishop of another diocese - may
have therein. Gibs. 978. Peculiars 5. Peculiars of bishops in their own diocese, exclusive of of bishops in their own
in archidiaconal jurisdiction. Of which, Lindwood (p. 220.) writes diocese ex- thus: There are some churches, which although they be situate clusive of within the precincts of an archdeaconry, yet are not subject to archidiaco
" the archdeacon, such as churches regular of monks, canons, and nal juris
other religious; so also if the archbishop hath reserved specially any churches to his own jurisdiction, so as that within the same the archdeacon shall exercise no jurisdiction; as it is in many places, where the archbishops and bishops do exercise an immediate and peculiar jurisdiction. Gibs. 978.
As to the former of these, the jurisdiction over religious houses, the archdeacons were excluded from that by the ancient canon law, which determines, that archdeacons shall have no jurisdiction in monasteries, but only by general or special custom; and if the archdeacon could not make out such custom, he was to be excluded from jurisdiction, because he could not claim any authority of common right. As to the other, namely, the exempting of particular parishes from archidiaconal jurisdiction; there are not only many instances of such exemptions in the ecclesiastical records, but the parishes themselves continue so exempt, and remain under the immediate jurisdiction of the
archbishop, as in other places of the bishop. Gibs. 978. Of deans, 6. Peculiars of deans, deans and chapters, prebendaries, and prebenda
the like; which are places wherein by ancient compositions the ries, and others.
bishops have parted with their jurisdiction as ordinaries, to those societies; probably because the possessions of the respective corporations, whether sole or aggregate, lay chiefly in those places : the right of which societies was not original, but derived from the bishop, and where the compositions are lost, it depends upon prescription. Gibs. 978. 1 Still. 337.
M. 8 W. Robinson and Godsalve. Upon motion for a prohibition to stay a suit in the bishop's court, upon suggestion that
the other peculiars, commissaries exercise the jurisdiction, and appeal lies to the arches from their sentences. i Phill. Rep. 201.
the party lived within a peculiar archdeaconry; it was resolved by the court, that where the archdeacon hath a peculiar jurisdiction, he is totally exempt from the power of the bishop, and the bishop cannot enter there and hold court; and in such case, if the party who lives within the peculiar be sued in the bishop's 75 ] court, a prohibition shall be granted: but if the archdeacon hath not a peculiar, then the bishop and he have concurrent jurisdiction, and the party may commence his suit, either in the archdeacon's court or the bishop's, and he hath election to chuse which he pleaseth: and if he commence in the bishop's court, no prohibition shall be granted; for if it should, it would confine the bishop's court to determine nothing but appeals, and render it incapable of having any causes originally commenced there. L. Raym. 123.
It seems to be true doctrine, that no exemption granted to persons or bodies under the degree of bishops, extend to a power of employing any bishop they can procure, to perform for them such acts as are merely episcopal, unless special words be found in their grants of exemption, impowering and warranting them so to do; but that all such acts are to be performed by the bishop of the diocese within which they are situated, after the exemption as much as before: Or, in other words, that the exemptions in which no such clause is found, are only exemptions from the exercise of such powers, as the persons or bodies are capable of exercising. Thus it is in granting letters dimissory (as hath been shewed before, in the title, Drdinationi.) And thus it seems to have been understood in the act of consecrating churches and churchyards, and reconciling them when polluted; by a licence which we find the dean of Windsor had from the guardian of the spiritualties of Salisbury, to employ any catholick bishop to reconcile the cloyster and yard of the said free chapel, when they had been polluted by the shedding of blood. Gibs. 978.
In the time of archbishop Winchelsey, upon an appeal to Rome, in a controversy concerning Pagham, a peculiar of the archbishop of Canterbury; it was said, in the representation to the pope, to be of Canterbury diocese ; which was objected against in the exceptions on the other side, because in truth and notoriety it is in the diocese of Chichester. Which was a just exception in point of form; because the proper style of those peculiars, as often as they are mentioned in any instruments, is, of or in such a diocese (namely, the diocese in which they are situated) and of the peculiar and immediate jurisdiction of the archbishop. Gibs. 979.
7. Peculiars belonging to monasteries; concerning which it is Of monasenacted by the 31 H. 8. C. 13. that such of the late monasteries, teries. abbathies, priories, nunneries, colleges, hospitals, houses of friers, [ 76 ] and other religious and ecclesiastical houses and places, and all
churches and chapels to them belonging, which before the dissolution were exempted from the visitation and other jurisdiction of the ordinary, shall from henceforth be within the jurisdiction and visitation of the ordinary, within whose diocese they are situate, or within the jurisdiction and visitation of such persons as by the king shall be limited and appointed. $ 23.
Such exemptions were commonly granted at Rome, to those who solicited for them ; especially to the larger monasteries, and such who had wealth enough to solicit powerfully: but the right of visitation being of common right in the bishop, the religious who had obtained such exemptions, were liable to be cited, and were bound upon pain of contumacy, either to submit to his visitation, or to exhibit their bulls of exemption, to the end they might be viewed and examined, and the bishop might see of what authority and extent they were. And whereas this statute vests a power in the king, to subject any of those religious houses which were heretofore made exempt, to such jurisdiction as he should appoint, exclusive of the ordinary; there can be no doubt, but that the persons who claim exemption from the visitation of the ordinary in virtue of such appointment, are obliged upon pain of ecclesiastical censures (in like manner as the religious were) to submit the evidences of their exemption to the examination of the ordinary; without which, it is impossible for him to know how far his authority extends. Gibs. 977.
8. By the 25 H. 8. c. 19. All appeals to be had from places exempt, which heretofore, by reason of grants or liberties of such places exempt, were to the bishop or see of Rome, shall be to the king in chancery; which shall be definitely determined by authority of the king's commission: so that no archbishop or bishop shall intermit or meddle with any such appeals, otherwise than they might have done before the making of this act. 96.
9. By the 25 H. 8. c. 21. $21. Visitations of places exempt, which heretofore were visited by the pope, shall not be by the archbishop of Canterbury; but in such cases, redress visitation and confirmation shall be by the king, by commission under the great seal. (1)
And by the statute of the 1 G. st. 2. c. 10. All donatives which have received or shall receive the augmentation of the governors of queen Anne's bounty, shall thereby and from thenceforth become subject to the jurisdiction of the bishop of the diocese : and that no prejudice may thereby arise to the patrons of such donatives, it is provided, that no such donative shall be so augmented, without consent of the patron under his hand and seal.
[By 57 G.3. c.99. 973. Every archbishop or bishop, within the
(1) Provided the visitation, &c. thereof, is not from Rome, but by H.M.'s commission, Id. $ 23, 24.
limits of whose province or diocese respectively any benefice respectively exempt or peculiar shall be locally situate, shall exercise all the powers of this act therein as if it were not exempt or peculiar, but was subject in all respects to the jurisdiction of such archbishop or bishop; and where any such benefice is locally situate within the limits of more than one province or diocese, or between the limits of the two provinces, or of two or more such dioceses, the archbishop or bishop of the cathedral church, to whose province or diocese the parish church is locally nearest, shall have and use all the powers necessary for due execution of this act, and enforcing it with regard thereto respectively as he could have used if the same were not exempt, &c.; and the same for all purposes of this act shall be deemed within the limits of such province or diocese, provided that peculiars belonging to any archbishopric or bishopric, though locally situate in another diocese (2), shall continue subject to the person to whom they belong as well for the purposes of this act as for all others of ecclesiastical jurisdiction. And by $ 74. in every case where jurisdiction is given to the bishop of the diocese, or to any archbishop under this act, all other and concurrent jurisdiction in respect thereof shall cease, except such jurisdiction given under this act.]
1. PENANCE is an ecclesiastical punishment, used in the Of penance discipline of the church, which doth affect the body of and.c
mutation in the penitent; by which he is obliged to give a public satisfaction general. to the church, for the scandal he hath given by his evil example. So in the primitive times, they were to give testimonies of their reformation, before they were readmitted to partake of the mysteries of the church. In the case of incest, or incontinency, the sinner is usually injoined to do a public penance in the cathedral or parish church, or public market, barelegged and bareheaded in a white sheet, and to make an open confession of his crime in a prescribed form of words; which is augmented or moderated according to the quality of the fault, and the discretion of the judge. So in smaller faults and scandals, a public satisfaction or penance, as the judge shall decree, is to be made before the minister, churchwardens, or some of the parishioners, respect being
(2) A license of non-residence on a benefice within an archbishop's peculiar, locally situate in another diocese, needs not to be registered in the registry of the diocese, but ought to be registered in the diocese of the archbishop. Wynne v. Moore, 5 Taunt. 757.