belonging to the established Churches of England or Scotland are not recognized by law, and give no precedence to the holders (); e.g., the President of the Wesleyan Conference, the Roman Catholic and Free Church archbishops and bishops have no civil rank as such. Formerly, penalties attached to the assumption by a dissenting minister of an ecclesiastical title as of a particular city, place, or territory, but the Act has been repealed (m).

The Archbishop of Canterbury now receives what is really a fixed stipend of 15,000l. a year in lieu of his ancient revenues, and the Archbishop of York 10,0001. a year (n). They each have several official residences.

An English archbishop is elected in the same way as a bishop (q. v.). The election has to be signified to the other archbishop and two bishops, or to four bishops, requiring them to confirm, invest, and consecrate the person so elected (o). He can only be deprived by the sovereign.

An archbishop has his own diocese wherein he exercises episcopal jurisdiction, as in his province he exercises archiepiscopal; and during the vacancy of such see the dean and chapter are the spiritual guardians.

ARCHDEACON. Originally, this office was limited to deacons, but now a clergyman is not qualified for it unless he has been six years in priest's orders (p).

By the common law, the archdeacon is in all things the bishop's vicegerent; by the canon law, he is styled "the bishop's eye." He is usually appointed by the bishop himself, and has a kind of episcopal authority originally derived from the bishop, but now independent of and distinct from his. His duties are:-to hold visitations of parochial clergy (when the bishop is not there); examine candidates for ordination; institute, induct, excommunicate, inspect and

() 34 & 35 Vict. c. 53.

(m) 14 & 15 Vict. c. 60; 34 & 35 Vict. c. 53.

(n) 6 & 7 Will. 4, c. 77; 23 & 24 Vict. c. 124. And see BISHOP.

(0) 1 Bla. Com. 380.

(p) 3 & 4 Vict. c. 113, s. 27.

reform abuses among the clergy. He can, either in person or by his official, hold a court, which in most cases has concurrent jurisdiction with the bishop's, in subordination to him (q). With respect to matters coming within the Pluralities Act, 1838, it would seem that he has no concurrent jurisdiction (). In most cases, an archdeaconry is a division of a diocese only, though it may be the whole, and formerly, it is said, there was an official called the archdeacon-general for the whole diocese (s). The divisions into archdeaconries arose in the feudal times. They can be re-arranged or new ones created on the recommendation of the Ecclesiastical Commissioners with the consent of the bishop (t).

An archdeacon is styled "the venerable," and in dignity is inferior to a dean, who is archpresbyter, or chief priest, in a diocese (u). The income of an archdeaconry is small, so another benefice is usually held with it (x). The Ecclesiastical Commissioners have power to raise the income of any archdeaconry to 2007. per annum (y).

An archdeacon must reside in the diocese for eight months in every year, unless he has a licence (z). He is entitled to a seat in the lower House of Convocation.

ARCHES, Court of, is the name of the provincial Court of the Archbishop of Canterbury, and its judge or official principal came to be called the Dean of Arches because, in ancient times, the two offices were frequently held together. The real Dean of Arches had jurisdiction over thirteen peculiars (now abolished) of the Archbishop of Canterbury in the city of London, and was so called from the Arches of Bow Church (S. Maria de arcubus), where he held his Court. His office is now obsolete (a). The official principal hears appeals from

(7) 2 Ste. Com. 689.

(r) 1 & 2 Vict. c. 106, s. 109.

(s) 1 Bla. Com. 383.

(t) 3 & 4 Vict. c. 113, s. 32; 37 &

38 Vict. c. 63, s. 1.

(u) Reeves' Eng. Law, IV. 5; Cripps, p. 127. And see DEAN.

(x) See PLURALITIES.

(y) 48 & 49 Vict. c. 55.

() 3 & 4 Vict. c. 113, s. 34. And see RESIDENCE.

(a) Judgment of Manisty, J., R. 6 Q. B. D. 413.

L.

the Consistory Courts (q. v.) of the province of Canterbury, just as the official principal of the Archbishop of York does in that province, and from either an appeal lies to the sovereign as supreme head of the Church. The office in both provinces is now to be held by one judge (6), who is to be appointed by the two archbishops, subject to the approval of the Queen, or in default by the Queen. Such judge must be a barrister who has been in actual practice for ten years, or a retired judge of the Supreme Court. He must be a member of the Church of England. All cases can be heard in London or Westminster, but judgments relating to the province of York are to be pronounced and issued in the Court at York as heretofore (c). It has been held in the Queen's Bench Division and in the Court of Appeal that such judge is not the judge of a new Court, but is the official principal of the old provincial Courts, and has all the old powers of those Courts, including the power of signifying for contempt if his orders are disobeyed, and an inhibition issued by him under the Public Worship Regulation Act can be enforced by significavit under 53 Geo. 3, c. 127 (d).

The archbishops have also power to sit in person. Both from the archbishop in person and the official principal, appeals lie to the Queen in Council, except in certain cases, as to which see APPEAL.

ARMY CHAPLAINS. By the Army Chaplains Act, 1868, an army chaplain is, for the purposes of the Act, defined to be a commissioned chaplain in holy orders of the (then united) Church of England and Ireland (e), and the Act does not apply to Church of Scotland chaplains. It provides that the Queen in Council, with the consent of the bishop, may mark out the bounds of any camp, barrack, hospital, or arsenal,

(b) P. W. R. A. 1874, s. 7. Lord Penzance is now the judge of both Courts.

(c) Rules of the Chancery Court at York (1886); 11 P. D. 186; Noble v.

Ahier (1886), 11 P. D. 158.

(d) Dale's case (1881), 6 Q. B. D. 376.

(e) 31 & 32 Vict. c. 83, s. 2.

and declare the same to be for the purposes of the Act an extra-parochial district, but an opportunity must be afforded to the incumbent or patron of objecting thereto (f). A Secretary of State may appoint any army chaplain to be the chaplain of such extra-parochial place (g). The chapel of such district, when consecrated, is for all ecclesiastical purposes to be an extra-parochial chapel (h), or a building may be used as an unconsecrated chapel (i). The Queen in Council may place such districts under the exclusive jurisdiction of an archbishop or bishop, who may exercise over the officiating army chaplains all the authority which he can exercise over the clergy holding any preferment within his diocese (k). The immediate control of the army chaplains is, however, vested in the Chaplain-General of the Forces, who issues instructions regulating the details of their duties (7). Officers in command are to see that divine service is properly performed in accordance with these instructions. Army chaplains are to be saluted by the soldiers.

When a civilian clergyman is desirous of officiating, leave must be obtained from the War Office through the officer commanding the troops at the station, and, unless such leave is obtained, no payment can be guaranteed to him (m).

As in the navy, complete liberty of worship is allowed, and now dissenting chaplains (including Romish) are commissioned and paid. Formerly the only paid chaplains were those of the Established Churches of England, Ireland and Scotland (»).

ARTICLES OF RELIGION, usually known as the Thirtynine Articles, were (after many alterations) finally settled in their present form in the year 1571. They are part of the statute law, being scheduled to the Act of Uniformity of 1662. They incorporate the homilies (q. v.), and, together

(f) Sects. 4 and 5.
(g) Sect. 6.
(h) Sect. 7.
(i) Sect. 8.

(k) Sect. 9.

(7) See those issued 1st Feb. 1878. (m) See Queen's Regulations, 1885, 8. vii., 261-276.

(n) See Clode, Military Forces of the Crown, Vol. II. p. 385.

with them and the prayer-book, form a standard of orthodoxy. The stringent subscription to the Articles formerly required is now done away with, and a "declaration of assent" substituted (o). But although this certainly gives a clergyman greater latitude of private opinion, it does not seem clear to what extent. If the change means anything, and it was intended to have a meaning, it would seem to allow a clergyman to hold private views inconsistent with as many or as few of the Articles as he pleases, provided he does not teach them, and it would seem to follow that he cannot be forced to teach those doctrines with which he disagrees. Before the change it was held that it was clearly a minister's duty-an engagement which he enters into at the time of his ordination-" with all faithful diligence to banish and drive away all erroneous doctrines," meaning, of course, all doctrines repugnant to the Articles.

The 13 Eliz. c. 12, s. 2, is, however, still in force, and positively forbids the promulgation of any doctrine contrary or repugnant to the plain grammatical sense of the Articles; and unless a clergyman convicted under the statute expressly and unreservedly revokes his errors, the Court has no discretion, but must pronounce sentence of deprivation (p). In investigating charges under the statute, the Privy Council has laid down the following rules:-(1) The Court must look solely to the statute and the Thirty-nine Articles; (2) No discussion can be allowed as to whether the Articles are or are not in conformity with Holy Scripture; (3) It is immaterial how the doctrines are promulgated, by preaching, or publishing in a book, or otherwise, so long as it is the deliberate act of the party, not a casual expression dropped unadvisedly" (g); (4) Where there is any vagueness in an article, the accused must be allowed a reasonable latitude of

66

(0) See OATH.

(p) If the proceedings are taken under the general ecclesiastical law, it would seem the lighter punish

ment of suspension may be inflicted. (9) Heath v. Burder (1862), 8 Jur.

N. S. 597; 15 Moo. P. C. 1.