Deaneries. Deans of the old foundation. bishopricks are also donative by force of the Irish statute 2 Eliz. c. 4. (') As there are two foundations of cathedral churches in England, the old and the new; (the new being those which King Henry VIII. upon the suppression of abbies transformed from abbot or prior and convent, to dean and chapter,) so there are two ways of creating deans. Deans of the old foundation were elective, or raised to their dignity by the King's issuing and granting his congé d'elire to the chapter, the chapter thereupon making their election, the King yielding his royal assent, and the bishop confirming him and giving his mandate to instal him. Thus, King John by a charter of the 16th of his reign grants, "ut de cætero, in universis et singulis ecclesiis et monasteriis cathedralibus et conventualibus totius regni nostri Angliæ, liberæ sint in perpetuum electiones quorumcunque præla torum majorum et minorum." Notwithstanding the freedom of canonical election is thus provided for by this charter, the election of a dean by the chapter is by long practice converted into mere form, and the King is in reality the patron of the old, as he is both in name and substance (*) Vid. 25 Hen. 8. c. 20. | 8 El. c. 1. s. 5. Bishop of St. David's v. Lucy, 1 Salk. R. 136. Palm. R. 345. Brian v. Knivan, Cro. Jac. 552. 12 Rep. 7. of the new deaneries; and there are several instances where the King actually appointed to some of the old deaneries by letters patent without the least appearance of opposition on the part of the chapter. (7) new found Deans of the new foundation are nominated by Deans of the letters patent from the King, the practice being to ation. present the letters patent to the bishop for institu tion and a mandate of instalment. It has been a question whether they are donative or presentative. The 6 Ann. c. 21. established such of the statutes of the cathedral and collegiate churches, founded by Henry VIII., "as had been usually received and practised in the government of the same respectively since the restoration," and were not inconsistent with the constitution of the church of England or the laws of the land. But this act made to remove doubts created a very important one, which was, whether the act confirmed the whole body of the statutes, where any of them had been practised since the restoration, or only such statutes or parts of statutes as had been individually received. The point being referred to the crown officers of the day, they were of opinion that it was intended by the 8 Rym. Fœd. part 3. 166. 9 Rym. Fœd. part 1. 82. (1) 1 Inst. 95. a. notes 1 557. 565. and 4. Reuan O'Brian, and others. v. Knivan, Cro. Jac. 553. Drake's Antiq. York. Welch deaneries. act of Queen Ann to confirm the whole body of statutes where any part had been received, and therefore that in the case before them, the deanery of Gloucester, a presentation was necessary. (1) Thus, though the King nominates by letters patent deans of the new foundation, which deaneries were founded after the dissolution of the monasteries, and erected by Henry VIII. under powers given by act of parliament, as the practice is to present the letters patent to the bishop for institution, and a mandate of instalment issued before they can be regularly installed, most if not all of the new deans of cathedrals are, to say the least, quasi presentative. Those of the old foundation come in by election of the chapter, upon the King's conge d'elire, with the royal assent and confirmation of the bishop much in the same way as the bishops themselves do. (2) In Wales two of the cathedrals, St. David's and Llandaff, are without deans, or rather the digni (*) 2 Burn's Eccl. L. 89. | Durham, Ely, Rochester, to 111. 1 Inst. 95. a. n. 4. (2) Gibs. Cod. tit. 8. ch. 2. 197. 1 Inst. 95. a. n. 4. 134. a. n. 5. The new deaneries and chapters to old bishopricks, are eight, namely, Canterbury, Norwich, Winchester, Worcester, and Carlisle. The new deaneries and chapters to new bishopricks, are five, namely, Peterborough, Chester, Gloster, Bristol, and Oxford. Will. Cathedr Hume's Hist. Eng. Chap. 14 ties of bishop and dean unite in the same person, the bishop being quasi decanus, and having it is said both an episcopal throne, and a decanal stall allotted to him in the choir. The patronage of both the other Welch deaneries is in the respective bishops, they being neither elective by the chapter, nor donative by the crown. In Ireland, before the reformation, the deaneries of the cathedral churches were elective by the respective chapters under a conge d'elire from the crown, in the same manner as the old English deaneries. But since the Irish act of the 2 Eliz. c. 4. § 1., which takes away the election of bishops in Ireland, declaring them wholly donative by the king, and which has never been repealed, as the English statute of Edward the Sixth to the same effect was, the form of electing to the old deaneries hath also been discontinued, and the king appoints to them by letters patent as to bishopricks. The Irish new deaneries are all royal donatives. (') Irish dean eries. All deaneries are subject to episcopal visit- Deaneries ation, and the grants of any of their possessions subject to episcopal must be confirmed by the bishop and chapter (2), jurisdiction. unless the deanery is a perfect donative, in which as well as the important (2) Goodman's case, Dyer's (*) 1 Inst. 95. a. n. 4. Where this subject is fully entered into, and the mode of election of prelates prior | R. 272. to King John is discussed, Ꭰ Prebend, and a perpetual curacy, may be donative. Wherein these differ from donatives properly so called. Right of donation de case it is presumed the king's consent and confirmation is alone necessary. A prebend may be a donative, as at Windsor and Westminster, in the chapels of the king ('); so the nomination to a perpetual curacy, without either presentation, institution, or induction. But these differ from donatives, inasmuch as the donation of deaneries and prebends is followed by induction and instalment, and in perpetual curacies the persons nominated are to be authorised by the licence of the bishop, before they can legally officiate or are in possession, whereas possession by donation, as hath been observed, is effected only by the sole and single act of the donor, without any induction (2); the party is in possession immediately on the nomination, and if any other person takes the rents and profits, he may maintain an action for money had and received (3), which action a perpetual curate cannot bring before he has received the bishop's licence. (4) In donatives, the right of donation descends scends to the to the heir at law, where a vacancy has occurred in the lifetime of the ancestor, the reason for heir. (1) Wats. Cl. L. ch. 15. 171. Johns. 55. (2) Bowell v. Milbank, 1 T. R. 401. 1 Inst. 344. Quarrles v. Fayrchild, Cro. El. 653. Degges, P. C. 344. (3) Per Ashurst J. in the King v. The Bishop of Chester, 1 T. R. 403. (4) Per Lord Mansfield in Bowell v. Milbank, 1 T. R. 401. |