ARC. 55
power originally from the Bishop, because the jurisdiction of the whole diooese was in him before there was an Archdeacon ; but the grant which lie had being lost, and it being customary for him to institute, by virtue (as it must be supposed) of such original grant, he therefore may prescribe to do it. So likewise the Archdeacon of Cornwall hath a particular jurisdiction to grant probates of wills, which other Archdeacons have not. All these jurisdictions are founded upon ancient customs, but still subordinate to the Bishop; for so is the Archdeacon in our law, and so he is likewise by the canon law, for he is Vicarius Episcopi; and no longer ago than in Lynd-wood's time he had not power to pass censures in his own name, but for some small fault, nor then neither, but where there was a custom to warrant him so to do; he could not visit de communi jure, but as the canonists call it, per modum scrittationis simplicis, that is, he could inquire into the crimes, but could not punish the criminals. But because he has in one sense, according to the casuits, a cure of souls, by virtue of his office, though it is in foro exteriori tantum et sine pastorali cura ; and having authority to perform ministerial acts, as to suspend, excommunicate, absolve, &c. therefore by the ecclesiastical law he is obliged to residence. And that may be one reason why he may not be chosen to execute any temporal office that may require his attendance in another place; another reason is because he is an ecclesiastical person, and therefore the Archdeacon of Rochester had a writ of privilege to be discharged from the office of Expenditor in Romney Marsh Level, especially since all the land which he had in that level was leased out for ninety-nine years. But he has no parochial cure, and therefore an Archdeaconry is not comprehended under the name of a benefice with cure; for if one who has such benefice accepts an Archdeaconry, it is not void by our law, though it is so by the canon law; and that may be the reason of the proviso in the statute 21 Henry VIII. cap. 13, by which it is enacted, that it shall not be taken under that name. And yet though he has not any parochial cure, he is obliged to subscribe the declaration, pursuant to the statute, 14 Charles II. It is true, lie is not expressly named therein; but all persons in holy