parties acquiesce in his judgment, the v. Fergus, 7th July, 1796, M. 633.) The case is taken to the local court of law, or decree arbitral must be executed with the Sorenskrivers' court, which is also held usual solemnities of written deeds in within each parish, to be sanctioned, re- Scotland. A submission in which the arvised as to rights of any third parties, and biters are not named is not binding on the registered, when it has the validity of a parties. If there be more than one arbiter, final decision. If one party agrees and the decree is not valid unless they be unathe other does not, the party not agreeing nimous. An oversman may be named in appeals to the local or Sorenskrivers' the submission, or the arbiters may be court, which sits once, at least, in every empowered to choose one. It is a conparish in every quarter of a year; but he dition precedent to any reference to an will have the expenses of both parties to oversman, that the arbiters are not unapay, if the terms of agreement proposed nimous, and the proceedings of an oversand rejected are judged not unreasonable. man are null if there is no difference of In this higher court, which is, properly opinion. The oversman's decree must speaking, the lowest legal court, the bear that the arbiters differed in opinion. parties may appear, if they choose, by A time during which the submission is to their law agents; but in this and all the be in force may be fixed with or without subsequent higher courts no new matter, a power of prorogation. It has become a statements, or reference are received but practice that when a blank space is left in what stand in the protocol of the commis- the submission for the period of its consioner of the court of mutual agreement. tinuance, that period is held to be a (Laing's Journal of a Residence in Nor- year. Where there is no such blank, it way, 1836.)

is presumed that the subrnission subsists ARBITRATION. In Scotland the sys- for the period of what is called “the long tem of arbitration is a modification of that prescription,” viz. 40 years. of the Roman law. The submission, by ARCHBISHOP. (Bishop.] which the parties agree to abide by the de- ARCHDEACON." In contemplating cision of an arbiter, is a regularly executed the character and office of the bishop in contract, and it requires all the solemni- the early ages of the church, we are not ties peculiar to the execution of deeds in to regard him as a solitary person acting Scotland. According to the practice by alone and without advice. He had a which, on the consent of the parties to species of clerical council around him, that effect embodied in its substance, a persons who lived a kind of collegiate contract may be registered for execution, life in buildings attached to the great the submission may contain a clause au- cathedral church, each of whom, or at thorizing the decree to be pronounced on least several of whom, possessed distinct it to be registered for execution ; and when offices, such as those of chancellor, treaso registered, the arbiter's decision is in surer, precentor, and the like. These the same position as the decree of a court. persons are now often called canons; but It was formerly usual to embody a clause the most general name by which they are of registration for execution against the known, as the institution existed in rearbiter if he failed to give a decision. mote times, is that of deacon, a term This practice is now disused, but it is still of which dean is a contraction. Deacon held, according to the doctrine of the civi- appears to come from the Greek term lians, that an arbiter who has accepted diáconos (orákovos), the name of that the submission can be judicially compelled officer in the church of whose appointto decide. Where there were two arbiters, ment we have an account in Acts, and action was raised against one of them, vi. To one of these deacons precedence either to concur with the other or name an was given, and no doubt some species of oversman (umpire), “ the court, without superintendence or control, and to him entering on the question how far a sole the title of archdeacon was assigned. arbiter is bound to decide, were clear that In the name there is no indication of against one of two arbiters the conclusions any peculiar employment. What now of the action were ill-founded."--(White belongs to the archdeacon was anciently performed by the officer in the bishop's | until the creation of Manchester into a court called the chorepiscopus. The bishop's see, which will not occur until chorepiscopus (XwperlokOTOS) was the the next vacancy in the see of St. Asaph bishop's deputy or vicar in small towns and Bangor. and country places, in which he dis- This distribution of the dioceses into charged the minor episcopal functions. archdeaconries cannot be assigned to any He might be of episcopal rank or not certain period, but the common opinion is (Ducange, Glossarium). The chorepis- that it was made some time after the Concopus is mentioned in a Constitution of quest. It is said that Stephen Langton, Justinian. (Cod. i. tit. 3, s. 41 (42).) archbishop of Canterbury, was the first The manner in which the archdeacon English bishop who established an archusurped upon this obsolete officer and deacon in his diocese, about A.D. 1075. attracted to himself the functions which The office of archdeacon is mentioned in belonged to him, is supposed to have a charter of William the Conqueror. (Philbeen this:-being near the bishop and limore.) The bishops had baronies, and much trusted by him, the archdeacon were tied by the constitutions of Cla. was often employed by the bishop to visit rendon to a strict attendance upon the distant parts of the diocese, especially king in his great council, and they were when the bishop required particular and consequently obliged to delegate their authentie information, and to report to episcopal powers. Each archidiaconal disthe bishop the actual state of things. trict was assigned to its own archdeacon, Hence deacons were spoken of by very with the same precision as other and early Christian writers as being the larger districts are assigned to the bishops bishop's eye ; and from this power of and archbishops ; and the archdeacons inspection and report the transition was were entitled to certain annual payments, easy to the delegation, to one of the dea- under the name of procurations, from the cons, of a portion of episcopal authority, benefices within their archdeaconries. and empowering him to proceed to reform The act already cited (6 & 7 Will. IV. and redress, as well as to observe and c. 97) directed a new arrangement of all report.

existing deaneries and archdeaconries, so If this is a just account of the origin of that every parish and extra-parochial the archdeacon's power, it is manifest place shall be within a rural deanery, that originally the power would be ex- and every deanery within an archdeatended over the whole of a diocese ; but conry, and that no archdeaconry extend at present it is confined within certain out of the diocese. limits. In England, according to the As the archdeacon in antient times Valor Ecclesiasticus of King Henry intruded upon the chorepiscopus, so in VIII., there are fifty-four archdeaconries, recent times he has extinguished the or districts through which the visitorial authority and destroyed almost the name and corrective power of an archdeacon of another officer of the church, namely, extends. Godolphin and Blackstone state the rural dean. The archdeaconries are that there were sixty archdeaconries: the still subdivided into deaneries, and it is number has since been increased, and there usual for the archdeacon, when he holds are now above sixty in England and Wales. his visitations, to summon the clergy Seven new archdeaconries were erected of each deanery to meet him at the chief by 6 & 7 Will. IV. c. 97. These are the town of the deanery. Formerly, over archdeaconries of Bristol, Maidstone, each of the deaneries a substantive officer, Monmouth, Westmoreland, Manchester, called a dean, presided, whose duty it Lancaster, and Craven; and archidia- was to observe and report, if he had not conal power was given by the same act to even power to correct and reform; but the dean of Rochester in that part of Kent the office has been laid aside in some which is in the diocese of Rochester. The dioceses, though in others it has been reconstitution of some of these new arch-established. But where it has been superdeaconries is contingent; that of Man-seded, the duties are discharged by the chester, for instance, will not take place | archdeacon. Though the office of rural

N 2


dean has been found extremely useful, no which has taken place in the value of emolument whatever is attached to it.

money, the payments are little more than Archdeacons must have been six full nominal, and the whole income of the years in priests' orders ($ 27, 3 & 4 Vict. archdeacons as such is very inconsiderc. 27), and they are appointed by the re- able. The office, therefore, is generally spective bishops ; they are inducted by held by persons who have also benefices being placed in a stall in the cathedral or other preferment in the church. There by the dean and chapter. By virtue of this have been in recent times cases where , locus in choro a quare impedit lies for an archdeacons have held prebends of cathearchdeaconry. (Phillimore.) The duty of drals in other dioceses than that in which archdeacons now is to visit their archdea- their jurisdiction was situated; and also conries from time to time: to see that the instances in which they have had no churches, and especially the chancel, are cathedral preferment. The 1 & 2 Vict. kept in repair, and that everything is done c. 106, § 124, specially exempts archdeaconformably to the canons and consist- cons from the general operation of the ently with the decent performance of pub- act, by permitting two benefices to be lic worship; and to receive presentations held with an archdeaconry. An archfrom the churchwardens of matter of deacon is said to be a corporation sole. public scandal. The visitation of the Among the recent acts which affect archarchdeacon may be held yearly, but he deacons the most important are 1 & 2 must of necessity have his triennial visita- Vict. c. 106; 3 & 4 Vict. c. 113; and 4 tion. Archdeacons may hold courts within & 5 Vict. c. 39. their archdeaconries, in which they Catalogues of the English archdeacons may hear ecclesiastical causes and grant may be found in a book entitled • Fasti probates of wills and letters of adminis- Ecclesiæ Anglicanæ,' by John le Neve. tration; but an appeal lies to the superior Archdeaconries have been established in court of the bishop. (24 Hen. VIII. c. some, if not in all, of the dioceses of the 12.) By § 3 of 3 & 4 Vict. c. 86, the new colonial bishops. archdeacon may be appointed one of the ARCHES, COURT OF, is the suassessors of the bishop's court in hearing preme court of appeal in the archproceedings against a clergyman. The bishopric of Canterbury. It derives its judge of the archdeacon's court, when he name from having formerly been held in does not preside himself, is called the the church of St. Mary le Bow (de ArcuOfficial. Sometimes the archdeacon bus), from which place it was removed had a peculiar jurisdiction, in which case about 1567 to the Common Hall of Dochis jurisdiction is independent of that of tors' Commons, near St. Paul's Church, the bishop of the diocese, and an appeal where it is now held. The acting judge lay to the archbishop. [Peculiar.] But of the court is termed Official Principal now, by 6 & 7 Wm. IV. c. 97, $ 19, it is of the Court of Arches, or more comenacted that all archdeacons throughout monly Dean of the Arches. This court England and Wales shall have and ex- has ordinary jurisdiction in all spiritual ercise full and equal jurisdiction within causes arising within the parish of St their respective archdeaconries, any usage Mary le Bow and twelve other parishes, to the contrary notwithstanding.

which are called a deanery, and are exIn the revenue attached to the office of empt from the authority of the bishop archdeacon, we see the inconvenience of London. The Court of Arches has which attends fixed money payments in also a general appellate jurisdiction in connection with offices which are designed ecclesiastical causes arising within the to have perpetual endurance. It arises province of Canterbury, and it has origichiefly from the payments by the incum- nal jurisdiction on subtraction of legacy bents. These payments originally bore given by wills which have been proved in no contemptible ratio to the whole value the prerogative court of that province. of the benefice, and formed a sufficient | The Dean of the Arches for the time income for an active and useful officer of being is president of the College of the church; but now, by the great change | Doctors of Law, who practise in the Ec

clesiastical and Admiralty Courts, incor- five years; that the term of service of a porated by royal charter in 1768, and the clerk should be seven years, and that no advocates and proctors who practise in proctor having one such clerk should be these courts receive their admission in the capable of taking another at the same Arches Court. The judge is the deputy time, until the first should have served of the archbishop, who is the judge of five years. It is in practice required the court. The Dean of Arches has al. that a proctor shall have been five years ways been selected from the College of on the list of the thirty-four seniors beAdvocates. There are four terms in fore being allowed to take an articled each year, and four sessions in each term. clerk. There are two rules observed An appeal lay from this court to the with respect to the qualification of arCourt of Delegates, or more strictly to ticled clerks which are not contained in the king in chancery (25 Henry VIII. the annexed statute ; one, by which the c. 19), by whom delegates were appointed age of the clerk is required to be fourto hear each cause, the appeal being to teen, and not above eighteen years; and him as head of the church, in place of the other, that such clerk should not have the Pope. By 2 & 3 Will. IV. c. 92, ap- been a stipendiary writing-clerk. The peals are transferred from the Court of above rule with respect to age has, under Delegates to the king in council. The particular circumstances, been occasionecclesiastical courts are competent to en- ally dispensed with by the judge. The tertain criminal proceedings in certain date of and authority for these two rules cases, and also to take cognizance of are not known. [BARRISTER.] causes of defamation; for which last The ordinances and decrees of Sir offence persons were formerly directed to Richard Raines, Judge of the Prerogado penance, but this has very rarely been tive Court, mentioned in the statute, as required by the Arches Court of late made in 1686, do not appear to have been years. There is no salary attached to the registered. It is conceived that they office of judge; and his income arising must have been rules and regulations to from fees, as also that of the registrar, is be observed in the conduct of suits, and very small. One judge has for many not to the articling of clerks on admisyears presided in the Arches and in the sion of proctors, which acts are done Prerogative Court.

only before the Official Principal of the There are no bye-laws, regulations, Arches Court, or his surrogate, and are or resolutions made by proctors of the registered in the Arches Court. (ParArches or Prerogative Courts of Canter-liamentary Paper, 327, Sess. 1844.) bury, relating to the articling of clerks In the session of 1844 a bill was to proctors, or to the admission of proc- brought into the House of Commons tors. The articling of clerks and ad- “ For facilitating Appeals to the Court mission of proctors are regulated by a of Arches.” The preamble stated that it statute of the Archbishop of Canterbury, “ would tend to the saving of expense, bearing date the 30th of June, 1696. By and to the better administration of justice, this statute, the number of proctors hav- if either litigant party in any contested ing then increased to forty, it was, among suit in any Ecclesiastical Court, either other things, ordained that there should in the province of Canterbury or in the be thirty-four proctors exercent in the province of York, had the right to remove Arches Court, each of whom should have such suit into the Arches Court of Canpower and privilege to take clerks ap- terbury.”. $ 1 provided that all persons prentices, and that the remaining proctors may (if they think fit) commence a suit should be esteemed and called supernu- in the Court of Arches, and that the meraries, who should not have power to Court of Arches shall have as full power take such clerks until they should have and jurisdiction to proceed in and adjudisucceeded into the number of the thirty- cate upon such 'suit, and to decree final four ; and that no proctor should take or interlocutory sentence, as if such suit any clerk apprentice until he should have had come before the Court of Arches by continued exercent in the Arches Court | letters of request. § 4 provided that pro

[ocr errors]
[ocr errors]


cess of the Court of Arches should extend in the parish churches, and were generally to England and Wales; and § 5, that the admissible as evidence of the facts to Dean of Arches might order examination which they relate, though not originally to be taken in India and the Colonies, as intended for that purpose. Partial attempts in i Geo. IV. c. 101. This bill, how- at registration were made by the Dissenever, was not carried.

ters, such as the registration of births kept ARCHIVE, or ARCHIVES, a cham- at Dr. Williams' Library, Redcross-street. ber or apartment where the public papers One-half of the parish registers anterior or records of a state or community are to A.D. 1600 had been lost at the period deposited : sometimes, by a common when the act for the registration of births, figure, applied to the papers themselves. marriages, and deaths came into opera..

The word archive is ultimately derived tion. By $ 8 of this statute a registerfrom the Greek 'Apxeîov (Archeion). The office is required to be provided and upGreek word archeion seems, in its primary held in each poor-law union in England signification, to mean “a council-house, and Wales, for the custody of the registers; or state-house,” or “a body of public and S$ 2 and 5 establish a central office functionaries," as the Ephori at Sparta. in London. [REGISTRATION OF BIRTHS, (Aristotle, Politic. ii. 9; and Pausanias, &c.] iii. 11.) Others derive the word Archive By $ 65 of the Municipal Corporations from arca,“ a chest,” such being in early Act (5 Wm. IV. c. 76) the custody of times a usual depository for records. So charters, deeds, muniments, and records Isidorus, Orig. lib. xx. c. 9—" Archa of every borough shall be kept in such dicta, quod arceat visum atque prohibeat. place as the council shall direct; and the Hinc et archivu:n, hinc et arcanum, id town-clerk shall have the charge and cusest secretum, unde cæteri arcentur.” “ It tody of and be responsible for them. is called Archa, because it does not allow Justinian's legislation made public do(arc-eat) us to see what is in it. Hence cuments judicial evidence. It is said that also Archivum and Arcanum, that is, a Charlemagne ordered the establishment thing kept secret, from which people are of places for the custody of public docuexcluded (arc-entur).". This explanation ments. The church has usually been is manifestly false and absurd.

most careful in the preservation of all its The Greek word Archeion was intro- papers, and accordingly such papers are duced into the Latin language, to signify the oldest that have been preserved in a place in which public instruments were modern times. The importance of caredeposited (Dig. 48, tit. 19, s. 9). The fully preserving all documents that relate word Archiva, from which the French to transactions which affect the interests and English Archives is derived, is used of the state and its component members by Tertullian (Facciol. Lexic. “ Archium is obvious; and next to the preservation et Archivum'); thus he speaks of the of such documents, the most important “ Romana Archiva.” The Latin word thing is to arrange them well, and render for Archeium is Tabularium.

them accessible, under proper regulations, Among the Romans, archives, in the to all persons who have occasion to use sense of public documents (tabulæ pub- them. What has been done in this way licæ), were deposited in temples. These in Germany is stated in the article. Ardocuments were-leges, senatusconsulta, chive,' in the Staats-Lexicon of Rotteck tabulæ censoriæ, registers of births and and Welcker. deaths, and other like matters. Registers In England the word Archives is not used of this kind were kept in the temples of to indicate public documents. Such docuthe Nymphs, of Lucina, and others; but ments are called Charters, Muniments, more particularly that of Saturn, in which Records, and State-papers. [RECORDS.) also the public treasury was kept.

AREOʻPAGUS, COUNCIL OF, a Among the early Christians churches council so called from the hill of that were used for the same purposes. In name, on which its sessions were held; it England registers of births, deaths, and was also called the council above (v årw marriages were till recently (1837) kept Bouan), to distinguish it from the Council

« ForrigeFortsett »