How to be re office. 6. The parish clerk ought to be deprived by him that moved from his placed him in his office; and if he is unjustly deprived, a mandamus will lie to the churchwardens to restore him: for the law looks upon him as an officer for life, and one that hath a freehold in his place, and not as a fervant; and therefore will not fuffer the ecclefiaftical court to deprive him, but only to correct him for any mifdemeanor by ecclefiaftical cenfures. 3 Roll's Abr. 234. Gibf. 214. God. 192. T. 13 G. Townshend and Thorpe. The plaintiff declared in prohibition, that he was indicted for an affault with intent to commit fodomy, notwithstanding which he was proceeded againft in the fpiritual court for the fame offence, and for drunkenness. The defendant pleaded, that the plaintiff was a parish clerk, and that the fuit there was not only to punish him for the incontinency, but alfo to deprive him of his office. Demurrer thereupon. And as it was going to be argued, the court propofed to ftay till the indictment was tried; and it having been tried, and the defendant convicted and pilloried, the court, without ordering the declaration to be amended, granted a confultation as to the proceeding to deprive, and confirmed the prohibition as to any other punishment. They said, he was an ecclefiaftical officer as to every thing but his election. Str. 776. M. 6 G. 2. Peak and Bourne. The plaintiff declared in prohibition, that he was fued in the fpiritual court for executing the office of deputy parish clerk, without the licence of the ordinary. On demurrer, three points were made: 1. Whether a parifh clerk be a temporal or a fpiritual office. 2. Whether be can make a deputy. 3. Whether the licence of the ordinary is requifite. It was argued three feveral times upon all the points. But the court in giving judgment founded themselves only upon the laft; as to which they held, that a licence was not neceffary, and therefore gave judgment for the plaintiff in Two pence or three pence, or a like diminutive fum, for each houfe, when thefe falaries first became eftablished, and for a long time after, were of more real intrinfic worth, than ten times the fame nominal fums at prefent, and are decreasing in value every day. Infomuch that unlefs fome other courte fhall be taken to bring this matter back nearer to the original standard, very few perfons will be found who will accept the office, and many parishes already are become intirely deftitute. prohibition. prohibition. They faid the canon did not require it, and indeed it would be a transferring the right of appointment to all intents and purposes to the ordinary. As to the two other points, the court ftrongly inclined that he was a temporal officer as to the right of his office; and that he might make a deputy. And as to the firft, when the court were preffed with their own authority in Townshend and Thorpe, they said it was a hafty opinion, into which they were transported by the enormity of the cafe. Str. 942. T.30 છ T. 30 & 31 G. 2. Tarrant and Haxby. A motion was made for a prohibition to the confiftory court of York, to ftay their proceedings against Tarrant the prefent parish clerk of St. Ofith in York; which proceedings were there inftituted at the inftance of Haxby the deprived parish clerk, for the reftoration of the faid Haxby. It was urged that the office is temporal; and therefore that the fpiritual court hath no jurifdiction concerning his deprivation. This Haxby, they faid, was deprived by the parfon and the whole parish, for drunkennefs during divine fervice, and other mifdemeanors: Whereupon, the parfon appointed Tarrant in his room. Against whom, Haxby libelled in the confiftory court; where there was a monition, and they were proceeding to reftore Haxby. And all this was fuggefted. Upon which, a rule was granted to fhew cause. And now caufe was to have been fhewn. But the counfel, being fatisfied that it was too ftrong against them, gave it up. And the rule for the prohibition was made abfolute. Bur. Mansfield, 367. H. 16 G. 3. K. and Erafmus Warren, clerk. In the Jaft term caule was fhewed against a mandamus to re ftore William Readshaw to the office of parish clerk of Hampstead. It was ftated, that the clerk was appointed by the minifter: that he had fince become bankrupt, and had not obtained his certificate. That he had been guilty of many omiffions in his office; was actually in prifon at the time of his amoval; and had appointed a deputy who was totally unfit for the office. Againft which, it was infifted, that the office of parish clerk is a temporal office during life: that the parfon cannot remove him: and that he has a right to appoint a deputy. Lord Mansfield then faid, there was an application of this fort in a caufe of K. and Proctor, M. 15 G. 3. where the parfon removed a parish clerk appointed by the former incumbent. There the right of amotion was in queftion, and all agreed it must be fomewhere, but that cafe was not de F 4 cided. cided. Lord Mansfield afked, what remedy is there in Westminster-hall to remove him? He certainly hath his office only during his good behaviour. But tho' the minifter may have power of removing him on a good and fufficient caufe, he can never be the fole judge and remove him at pleafure, without being fubject to the controul of this court. By Mr. Juftice Afton: as long as the clerk behaves himself well, he has a good right and title to continue in his office. Therefore if the clergyman has any juft caufe for removing him, he fhould ftate it to the court. Accordingly, the court enlarged the rule to this term, that affidavits might be made on both fides, of the cause and manner of amotion. And now on this day, upon reading the affidavits, Lord Mansfield faid, it was fettled in the cafe of K. and Dr. Ashton, 28 G. 2. That a parish clerk is a temporal officer, and that the minister muft fhew ground for turning him out. Now in this cafe, there is no fufficient reafon affigned in the affidavits that have been read, upon which the court can exercise their judgment; nor is there any inftance produced of any mifbehaviour of confequence: therefore the rule for a mandamus to restore him must be made abfolute. Cowper. 370. [Serving the office of parish clerk for a year, gains a fettlement, although he be chofen by the parfon, and not the parishioners, and have no licence from the ordinary, and although he be a certificate man. 1 Salk. 536. 2 Str. 942. 2 Seff. Caf. 182.] Parochial Library. See Librarp. Parlon. PARSON, perfona, properly fignifies the rector of a parish church; becaufe during the time of his incumbency he reprefents the church, and in the eye of the law fuftains the perfon thereof, as well in fuing, as in being fued, in any action touching the fame. God. 185. Parfon imparfonee (perfona imperfonata) is he that as lawful incumbent is in actual pofieffion of a parish church, and with whom the church is full, whether it be prefentative or impropriate. Infi. 300. The law concerning parfons, as diftinct from vicars, is treated of under the title Appropriation. Patriarch. A Patriarch. Patriarch is the chief bishop over feveral countries or provinces, as an archbishop is of feveral diocefes; and hath several archbishops under him. God. 20. 73 I. Peculiar. 1. EXEMPT jurifdictions are fo called, not because Exempt jurifdie 2. As, firft, Royal peculiars: which are the king's Royal peculiars. culiars. 3. Peculiars of the archbishops, exclufive of the bifhops Archbishops peand archdeacons; which fprung from a privilege they had, to enjoy jurifdiction in fuch places where their feats and poffeffions were: and this was a privilege no way unfit or unreasonable, where their palaces were, and they oftentimes repaired to them in perfon; as anciently the archbishops appear to have done, by the multitude of letters dated from their feveral feats. Gibf. 978. In these peculiars (which, within the province of Canterbury, amount to more than a hundred, in the several diocefes of London, Winchefter, Rochefter, Lincoln, Norwich, Oxford, and Chichefter) jurifdiction is adminiftred by feveral commiffaries; the chief of whom is the dean of the arches, for the thirteen peculiars within the city of London. And of thefe Lindwood (p. 79) obferves, that their jurifdiction is archidiaconal. Gibf. 978. diocefc. 4. Peculiars of bifhops, exclufive of the jurifdiction of Peculars of bithe bishop of the diocefe in which they are fituated. Of shops in another which fort, the bishop of London hath four parishes within the diocese of Lincoln; and every bishop who hath a houfe in the diocese of another bishop, may therein exercise epifcopal jurifdiction. And therefore Lindwood (p. 318). Peculiars of bifhops in their own diocefe, ex clufive of archi diaconal juris siction. Of deans, pre others. fays, the fignification of bishoprick is larger than that of diocefe, because a bishoprick may extend into the diocese of another bishop, by reafon of a peculiar jurifdiction which the bishop of another diocese may have therein. Gibf. 978. 5. Peculiars of bifhops in their own diocese, exclufive of archidiaconal jurifdiction. Of which, Lindwood (P. 220) writes thus: There are fome churches, which altho' they be fituate within the precincts of an archdeaconry, yet are not fubject to the archdeacon; fuch as churches regular of monks, canons, and other religious; fo alfo if the archbishop hath referved fpecially any churches to his own jurifdiction, fo as that within the fame the archdeacon fhall exercise no jurifdiction; as it is in many places, where the archbishops and bifhops do exercife an immediate and peculiar jurifdiction. Gibf. 978. As to the former of thefe, the jurifdiction over religious houses; the archdeacons were excluded from that by the ancient canon law, which determines, that archdeacons fhall have no jurifdiction in monafteries, but only by general or special custom; and if the archdeacon could not make out fuch cuftom, he was to be excluded from juris diction, because he could not claim any authority of common right. As to the other, namely, the exempting of particular parishes from archidiaconal jurifdiction; there are not only many inftances of fuch exemptions in the ecclefiaftical records, but the parithes themselves continue fo exempt, and remain under the immediate jurif diction of the archbishop, as in other places of the bishop. Gibl. 978. 6. Peculiars of deans, deans and chapters, prebendabendaries, and ries, and the like; which are places wherein by ancient compofitions the bishops have parted with their jurifdiction as ordinaries, to those focieties; probably because the poffeffions of the refpective corporations, whether fole or aggregate, lay chiefly in thofe places: the right of which focieties was not original, but derived from the bifh op, and where the compofitions åre loft, it depends upon prescription. Gibf. 978. 1 Still. 337. M. 8 W. Robinson and Godfalve. Upon motion for a prohibition to ftay a fuit in the bishop's court, upon fuggeftion that the party lived within a peculiar archdeaconry; it was refolved by the court, that where the archdeacon hath a peculiar jurifdiction, he is totally exempt from the power of the bishop, and the bishop cannot enter there and |