A church dictionary

by Walter Farquhar Hook

At the beginning of the seventh century, he seems to have been fully possessed of the chief care and inspection of the diocese in subordination to the bishop.

But the authority of the archdeacon, in ancient times, was chiefly a power of inquiry and inspection; and the gradual growth of his “jurisdiction,” properly so called, during the middle ages, is a subject of difficult inquiry. Pope Clement V. gives an archdeacon the title of “oculus Episcopi,” saying that “he is in the bishop’s place, to correct and amend all such matters as ought to be corrected and amended by the bishop himself, unless they be of such an arduous nature, as that they cannot be determined without the presence of his superior the bishop.”

Regularly, the archdeacon cannot inflict any punishment, but can only proceed by “precepts” and “admonitions.”

Beyond this, all the rights that any archdeacon enjoys, subsist by grants from the bishop, made either voluntarily, or of necessity, or by composition. (See the case of composition made between the bishop of Lincoln and his archdeacons, in Gibson’s Codex, vol. ii. p. 1548.)

As to the divisions in England of dioceses into archdeaconries, and the assignment of particular divisions to particular archdeaconries, this is supposed to have begun a little after the Norman conquest. We meet with no archdeacons vested with any kind of jurisdiction in the Saxon times. Archbishop Lanfranc was the first who made an archdeacon with power of “jurisdiction,” in his see of Canterbury, and Thomas, the first archbishop of York after the Conquest, was the first in England that divided his diocese into archdeaconries; as did also Remigius, bishop of Lincoln. When the Norman bishops, by reason of their baronies, were tied by the Constitutions of Clarendon to strict attendance upon the kings in their parliaments, they were obliged, for the administration of their dioceses, to grant larger delegations of power to archdeacons, who visited when they did not (de triennio in triennium). Archdeacons, therefore, with us, could not have this power of jurisdiction by common right, or by immemorial custom; the power which the archdeacon has is derived from the bishop, although he himself is an ordinary, and is recognised as such by the books of common law, which adjudge an administration made by him to be good, though it is not expressed by what authority, because, as done by the archdeacon, it is presumed to be done “jure ordinario.”

In the 22nd of Henry I. we have the first account of their being summoned to convocation; and in the 15th of Henry III., and in the 32nd year of the same king, they were summoned by express name.

This being the original of archdeacons, it is impossible for them to prescribe to an independency on the bishop, as it was declared in a court of law they might, and endeavoured to be proved by the gloss on a legatine constitution, where we read that an archdeacon may have a customary jurisdiction distinct from the bishop, and to which he may prescribe. But the meaning of it is, not that there can be an archdeaconry by prescription, and independent of the bishop, but that the archdeacon may prescribe to a particular jurisdiction, exempt from the ordinary; which jurisdiction has customarily been enjoyed by him and his predecessors time out of mind.

The archdeaconries of St. Alban’s, of Richmond, and Cornwall, are cases of this kind; these jurisdictions are founded upon ancient customs, but the archdeacon is still subordinate to the bishop in various ways; he being, in our law, as he is according to the canon law, vicarious episcopi.

According to Lyndwood and other canonists, he can inquire into crimes, but not punish the criminals; he has, in one sense, according to the casuists, a cure of souls, by virtue of his office, though it is in foro exteriori tantum et sine pastorali cura; and has 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 at another place; another reason is because he is an ecclesiastical person. 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 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, he is not expressly named therein, but all persons in holy orders are enjoined to subscribe by that statute; and because an archdeacon must be in those orders, therefore he must likewise subscribe, &c. And as he has a jurisdiction in certain cases, so, for the better exercising the same, he has power to keep a court, which is called the Court of the Archdeacon, or his commissary, and this he may hold in any place within his archdeaconry. With regard to the Archdeacon’s Court, it was said by the justices of the Common Pleas, 2 & 3 William and Mary, in the case of Woodward and Fox, that though it might be supposed originally that the jurisdiction within the diocese was lodged in the bishop, yet the Archdeacon’s Court had, “time out of mind,” been settled as a distinct court, and that the statute 24th of Henry VIII. chap. xii. takes notice of the Consistory Court, which is the bishop’s, and of the Archdeacon’s Court, from which there lies an appeal to the bishop’s. (See Appeal.) There is an officer belonging to this court, called a registrar, whose office concerns the administration of justice, and therefore the archdeacon cannot by law take any money for granting it; if he does, the office will be forfeited to the queen. Regarding parochial visitations by archdeacons, see “Articles and Directions to the Incumbents and Churchwardens within the Archdeaconry of Surrey,” in Gibson’s Codex, vol. ii. p. 1551–1555; and see post, “Visitation.”

By 1 & 2 Vict. c. cvi. s. 2, an archdeacon may hold, with his archdeaconry, two benefices under certain restrictions; or a benefice and a cathedral preferment.