Abridgment of Ecclesiastical Laws, Treatise · Chapter 7
CHAP. VII.
Of Deans and Chapters.
1. What a Dean is, why ſo called; what Dean and Chapter ſignifies; and what Deans Rural arc.
2. The Diviſion of Deans according to the Civil and Canon Laws; a Queſtion in Law touching the Deanary of St. Martins.
3. Two ways of Creating Deans; and in what other ſenſes the word or ſtyle of Dean is applicable.
4. Four ſorts of Deans according to the Law of the Land.
5. The Patronage of Deanaries is in the Crown.
6. The Dean and Chapter of a Cathedral, is a Corporation Spiritual.
7. A Deanary conſiſts of two parts; The difference between a Dean, Prebend, and Parſon; and that Deanaries and Archdeacomies are Eccleſiaſtical Dignities.
8. Chapter, what; the ſeveral Acceptations of that word.
9. The difference between Capitulum and Conventus in the Canon Law.
10. The deſcription of a Chapter as to their Conſtitution and Government.
11. Whether one Biſhop may have two Chapters?
12. Whether the Leaſe of a Parſonage in one Dioceſs, annexed to a Prebend in another, made by that Prebend, be good without the Confirmation of that Biſhop in whoſe Dioceſs the Parſonage is?
(1.) DEAN (foreign, decem) is an Eccleſiaſtical Magiſtrate, ſo called, becauſe anciently he preſided or had power over Ten Canons or Prebends at the leaſt. Sed dicuntur Decani Rurales, eo quod Decem Clericis five Parochiis praeſint. Secund. Papiam, Lindw. de Conſtit. verb. Decan. Rurales gloſſ. Dean Rural, becauſe he uſually had charge over Ten Country Pariſhes. Anciently alſo called Archipresbyter, becauſe other Presbyters were under his charge. Here in England he is commonly called a Dean who is next under the Biſhop, and Chief of the Chapter ordinarily in a Cathedral Church, the reſt of that Eccleſiaſtical Society or Corporation being called Capitulum, the Chapter. Dean and Chapter is a Body Corporate Spiritual, conſiſting of many able perſons in Law, viz. the Dean (who is Chief) and his Prebends, and they together make the Corporation. And as this Corporation may joyntly purchaſe Lands and Tenements to the uſe of their Church and Succeſſors: ſo likewiſe every of them ſeverally may purchaſe to the uſe of himſelf and his Heirs. After the death of a Prebend, the Dean and Chapter ſhall have the Profitsa33 L. 3. Ayd del Roy 03. per Therp. And after the death of a Dean of a Free Chappel belonging to the King, the King ſhall have the Profits of the Deanary; for it is at the pleaſure whether he will Collate a new Dean to itbIbid. per Fif. It is likewiſe held, that a Deanary is a Spiritual Promotion, and not a Temporal, by all the JudgescD. to El. 273, 37 And if the Nomination and Patronage of a Deanary be at the appointment of the King, his Heirs and Succeſſors, and he appoint a Dean, yet it is a Spiritual PromotiondIbid. The King makes the Corporations of Dean and Chapter e14 H 8. 3 b.The Chapter of the Biſhop conſiſts of a Dean as the Chief, and of the Prebendaries, or the like, which are commonly called the Chapter f17 E. 3. 40. b. per …arningAs to the Biſhop and Chapter, which are but one Body, their poſſeſſions are divided, ſo as the Biſhop hath a part for himſelf, and the Chapter the reſidue g40 Ea. 23. Coke 3. Rep. 75. b.And their Poſſeſſions alſo for the moſt part are divided, the Dean having one part alone in right of his Deanary, and each particular Prebendary a certain part in right of their Prebends: the reſidue the Dean and Chapter have alike; and each of them is to this purpoſe incorporate by himſelfh17 E. 4. 76. 17 Aſſ. pl. 29. 18 E. 3. 36. F. N. B. 195. In the Cathedral Churches of St. David and of Landaff; there never hath been any Dean, but the Biſhop in either is Head of the Chapter; and in the Biſhops abſence, in the Chapter at St. Davids and at Landaff, the Archdeacon. There are alſo ſome Deans in England without any Juriſdiction, only for Honour ſo ſtyled; as the Dean of the Chappel Royal, and Dean of the Chappel of St. George at Windſor: And ſome Deans there are without any Chapter, yet enjoying certain Juriſdictions, as the Dean of Croydon, the Dean of Battel, the Dean of Bockin, &c. In the Caſe of the Dean and Chapter of Norwich it is ſaid, That in Chriſtian Policy it was thought neceſſary, Coke 3. Dean and Chapter of Norwich, Caſe 40 & 41 Eliz.(for that the Church could not be without Sects and Hereſies) that every Biſhop ſhould be aſſiſted with a Council, viz. a Dean and Chapter, (1). To Conſult with them in deciding of difficult Controverſies of Religion; to which purpoſe every Biſhop habet Cathedram. (2). To Conſent to every Grant the Biſhop ſhall make to bind his Succeſſors; for the Law did not judge it reaſonable to repoſe ſuch confidence in him alone. At firſt all the Poſſeſſions were to the Biſhop, afterwards a certain portion was aſſigned to the Chapter; therefore the Chapter was before they had any Poſſeſſions, and of Common right the Biſhop is Patron of all the Prebends, becauſe their Poſſeſſions were derived from him. So that ſo long as the Biſhoprick continues, the Dean and Chapter (being his Council) remains. This word [Dean] is diverſly uſed by Lindwood iLind w. pro Conſt. tit. de Conſtit. verb. per Decanos Rurales.who ſpeaking of Dean-Rurals kDecretal. Ext. de Offic. Archi. Dean Rurals; what. Decani Rurales ſunt Decans Temporales, ad aliquid Miniſterium ſub Epiſcepo vel Archicpiſcopo exercendum Conſtituti. Lindw. de Conſt. c. 1. Gloſſ. in verb. Decan. Rural.deſcribes them to be certain perſons that have certain Juriſdiction Eccleſiaſtical over other Miniſters and Pariſhes near adjoyning, aſſigned unto them by the Biſhop and Archdeacon, being placed and diſplaced by them: Such are the Dean of Croydon in Surrey, the Dean of Battel in Kent, the Dean of Burian in Cornwal, &c. Theſe Deans Rural are Decani Temporales, Conſtituted to ſome Miniſterial Function under the Biſhop or Archbiſhop*Lindw. ib. They were anciently called, Teſtes Synedales. They are certain Eccleſiaſtical perſons having certain Offices commonly belonging to the Biſhop and Archdeacon, and therefore to either of them belongs the receiving or removing of them; and their Office is temporal, not perpetual, as is the Office of the Deans of Cathedral and Collegiate Churches, and other Churches quibus perpetuo intitulanturlIdem de Jadic. ver. Decan. Rural.
(2.) The Civil and Canon Laws do chiefly take notice but of three ſorts of Deans; the one, he who is impower'd and ſet over Ten SouldiersmC. de Decanis, l. 12. per totum. Another, he who is called Dean Rural, as aforeſaidnExtra de Cenſib. c. cum Apoſtolus. The third is, a Dean of a Cathedral or Collegiate Church, as aboveſaidoExtr. de App. c. dilectis filiis. There is alſo the Deanary of St. Martin le Grand, Lond. concerning which Lindwood puts the queſtion, Whether it be ſuch an Eccleſiaſtical Benefice as in effect may incur ſuch penalties, as may poſſibly happen to other perſons Beneficed? And after deep enquiries into the Laws, Preſidents, and Antiquities Forreign and Domeſtick, with very delectable variety of great Learning hinc inde argumentatively, and pro & con impartially, at laſt doth conclude it in the Affirmative. Lindwood, Conſtit. tit. de Cohab. Cleric. & Mul. c. ut Clericalis, verb. Beneficiati.
(3.) As there are two Foundations of Cathedral Churches in England, the Old and the New: (the New being thoſe which King Hen. 8. upon the ſuppreſſion of Abbies, transformed from Abbot or Prior and Convent, to Dean and Chapter) So there are two ways or means of Creating theſe Deans; for thoſe of the old Foundation were raiſed to their Dignity much like Biſhops: the King firſt iſſuing and granting his Congé d'Eſlire to the Chapter, the Chapter thereupon making their Election, the King then yielding his Royal Aſſent, and the Biſhop Confirming him, and giving his Mandate to inſtall him. But thoſe of the New Foundation are by a much ſhorter courſe inſtall'd by vertue of the Kings Letters Patents, without either Election or Confirmation. Deans of the Old Foundation (before the ſuppreſſion of Monaſteries) arrive to their Dignities much like Biſhops: But Deans of the New Foundations (upon ſuppreſſion of Abbies or Priories, transformed by H. 8. into Dean and Chapter) are by a ſhorter courſe Inſtalled by vertue of the Kings Lett. Pat. Without Election or Confirmation, it was ſaid by Hobart in Briggs Caſe, That a Dean and Chapter are a Body Spiritual, and annexed to the Biſhop throughout all England. Briggs C. in Winch. Rep. The ſame word is alſo applied to divers that are the Chief of certain peculiar Churches or Chappels, as the Dean of his Majeſties Chappel, the Dean of the Arches, the Dean of St. George's Chappel in Windſor, &c. Nec Collogia alicui praefecti, nec Juriſdictione ulla donati, Nomine tamen velut honocis gratia. Inſignes, ſays the Learned Spelman.
(4.) Each Archbiſhop and every Biſhop hath a Dean and Chapter; and whereas it was formerly ſaid, That the Civil and Canon Laws do chiefly take notice but of three ſorts of Deans, it is manifeſt, that there are four ſorts of Deans or Deanaries, whereof the Laws of this Kingdom do take knowledge. The firſt is a Dean who hath a Chapter conſiſting of Canons and Prebendaries, as aforeſaid, ſubordinate to the Biſhop, as a Council aſſiſtant to him in matters Spiritual relating to Religion, and in matters Temporal relating to the Temporalties of his BiſhoprickpCo. par. 3. Caſe Dean & Chap. of Norwich. The ſecond is a Dean who hath no Chapter, Preſentative, having Cure of Souls; he hath a Peculiar, and a Court with Eccleſiaſtical Juriſdiction therein; he is not ſubject to the Viſitation of the Ordinary: Such is thè Dean of Battel in Suſsex, a Deanary Founded by William the Canquerour in memory of his Conqueſt; who though he be Preſentable to the Biſhop by the Patron, and admitted to the Deanary by Inſtitution and Induction by the Biſhop of Chicheſter, yet is exempt from his Viſitation. The third is, whoſe Deanary is not Preſentitive, but Donative, nor hath he Cure of Souls, but is only by Covenant or Condition; he hath a Court and a Peculiar, holding Plea of matters Eccleſiaſtical ariſing within his Peculiar over divers Pariſhes. Such a Dean conſtituted by Commiſſion of the Metropolitan, is the Dean of the Arches, the Dean of Bocking in Eſſex, and divers others. The fourth is the Rural Dean aforeſaid, having no abſolute Judicial power in himſelf, but is only by the direction of the Biſhop or Archdeacon, to order and prepare Eccleſiaſtical affairs within his Deanary and Precinct; the power of theſe Rural Deans is at this day nigh extinguiſhed by the Office of the Archdeacon and the Biſhops Chancellor; yet in ſome parts of this Realm it is ſtill in force.
(5.) Of theſe Four ſorts of Deans, the firſt, as was ſaid, hath a Chapter, being an Eccleſiaſtical Governour Secular over the Canons and Prebendaries in the Cathedral Church, as the Dean of Canterbury, St. Pauls, &c. The Patronge of all which Deanaries is in the Crown, and doth not belong to any Subject. Alſo, the new Deanaries (as was formerly hinted) which were tranſlated from Priories and Covents, or were after the diſſolution of Abbies and Monaſteries Founded by King H. 8. or other Kings of this Realm are now Donative, and the Deans thereof are by the Kings Letters Patents Inſtalled: but the Ancient Deans of Chapters are (as Biſhops) by a Congé d'Eſlire, and are after Confirmed by the Biſhop.
(6.) The Dean end Chapter of Canterbury are, during a Vacancy of that Archbiſhoprick, Guardians of the Spiritualties, to whom the Stat. of 25 H. 8. of Diſpenſations, giveth power of Diſpenſation when that See is vacantqCab. & Glovers Ciſe verſ. the Biſhop of Coventry and L…field. Hob. Rep. The Dean and Chapter of any Cathedral make a Corporation Spiritual, and at the Common Law challenges are allowed where the Iſſue concerns a Corporation, and they to make the Pannel, or where any of their Body are to go on the Jury, or any of kin unto them, though the Body Corporate be not directly a party to the Suit: A Dean and Chapter bringing an Aſſize, a Juror was challenged, becauſe he was Brother to one of the Prcbendaries rVid. … E. 4 … 18. 21 ….and the challenge for that reaſon allowedsDay's Caſe verſ. Savage. Hob. Rep. If a Dean take an Obligation to him and his Succeſſors, it goes to his Executors; which holds true alſo as to a Biſhop, Parſon, Vicar, &c.tArundel's Caſe. Hob. Rep.
(7.) A Deanary conſiſts of Two parts, viz. Officium & Beneficium; The Officium hath two parts, the one is Dignity and Juriſdiction, the other is Adminiſtration: But ſome Promotions are meer Adminiſtrations, as Prebends and Parſons, which are not Digniſies, becauſe they have not Juriſdiction, 11 H. 4. But an Archdeacon hath a Dignity, becauſe he hath a JuriſdictionuCaſe Evans and Aſcough. Latch. Rep. So hath a Dean, to whom Anciently (according to Lindwood) the Canons made their Confeſſions, Et quod Canonici quead euram animarum ſubſunt Decano. Lindw. de Poenit. c. 1. gloſſ. in verb. vel Decano, & in ver. Decanum & Capitulum. Who ought to viſit his Chapter, 5. E. 3. 7. and if a Probend be made a Dean, the Prebendary is void by Coſſion, 5 E. 2. F. Brieff. 800. Alſo a Dean may make a Subſtitute as to the matters of his Juriſdiction, as for Corrections, or Viſitations; but not as for the other part, viz. the Adminiſtration: for which reaſon he cannot make a Deputy to Confirm Leaſes, and the likexDict. Caſe. Evans & Aſcough So that in a Deanary Cathedral there ſeems to be, (1) Dignity and Juriſdiction, (2.) Office and Adminiſtration, (3.) the Behefit or Profits thereof; which ſeems very clear, for that a Parſon, a Prebend, or the like, hath not Dignity, but only the Office or Adminiſtration, with the Profits; but a Dean, who hath Adminiſtration as others, hath alſo Juriſdiction and Dignity. The Law is alſo the ſame as to an Archdeacon, 11 H. 4. 40. 7 H. 6. 27. 27 H. 6. 5. And a Writ brought againſt a Dean is good and ſufficient without his proper Name, becauſe it is of it ſelf a Name of Dignity: and that a Deanary is a Dignity, appears by 5 E. 3. 9. Breve 800. as aforeſaid; and it is an Office alſo, for that in Ancient times, a Dean took the Confeſſions of his Prebends, as was likewiſe hinted before. Alſo a Dean may by his Dignity make a Deputy to correct, &c. but not as to his Judicial Office, as to Confirm Leaſes, and the likeyCaſe Evans verſ. Aſe. in primo loca Latch. Rep. By the Canon Law, he that is the Archipresbyter, is alſo called Dean, ſcil. Presbyterorum vel Eccleſiae. Cap. ad. haec, De Offic. Archidiac. Cano. innovamus, 60. Diſtinct. And becauſe the Dean of a Church (underſtand it of the Roman Church) in locum Archipresbyteri ſubrogatus eſt. Rotae Deciſ. 451. in novis—& rurſum, in Deciſ. 443. The Archipresbyter was ſo called, becauſe he was in ſome certain matters and cauſes ſet or appointed over the Prieſts or Presbyters, and ſuch as were of the Sacerdotal Office, ſpecially in the abſence of the Biſhop; Cap. 1. & 2. De Offic, Archipresb. The Dean is ſuch a Dignity, that the Canon Law ſtyles him, honorabiliorem partem Capituli; Cap. poſt Electionem. c. 7. de Conceſſ. Praebend. c. cum inter ca. 18. & ibi Panor. & gloſſ. de Elect. And in a large ſenſe a Dean may be ſaid to be the chief of any that are of the ſame ſtate and order; Gloſs. in rubr. de Decanis, lib. 12. C. & ibi Alceat. and ſo the Canons of the Church of Conſtantinople, tanquam Digniores, were by Honorius and Theodoſius called Decani: L. non plures 4. de Sacroſ. Eccleſ. lib. 1. C. tit. 5. and the more honourable inter Rotae Auditores, is the Dean of the Pope's Chappel, propter Miniſterium, quod vocatur Mithrae. Lud. Gomeſ. in proaem. ad Reg. Cancell. de Prothonotariis. The truth is, the Canon Law in expreſs terms ſays, that Deconatus, or a Deanary, eſt Nomen ſpeciale Dignitatis: Cap. cum illis vero, §. illis de Praebend. in 6. that is, when it refers to praeeminency in any Church Cathedral or Collegiate; Gemin. Conſ. 131. nu. 5. ver. expreſſit. de Deconatu. For as to Deans Rural, it is otherwiſe: Cap. licet Canon. de Elect. in 6. the Dignity, qua talis, belonging properly to the other, viz. Decano Capituli, who is Caput principale ipſius; yet under the notion or appellation of a Chapter, the Dean thereof is not comprehended, unleſs he be ſpecially mentioned or nominated: Rebuff. in Tract. nominat. q. 8. nu. 33. & Barbos in 3 Decret. c. poſt Electionem. de Conceſſ. Praebend. nu. 3.
(8.) Chapter, Capitulum, ſo termed by the Canoniſts, not properly, but metaphoricaily, quaſi a Little head, or a kind of Head, not only to rule and govern the Dioceſs in the Vacation of the Biſhoprick, but alſo when the See is full to aſſiſt the Biſhop as a Council, by way of Advice in matters pertaining to the Dioceſs: Vid. Panor. in cap. Capitulum, extra de Reſcript. The Chapter conſiſting of a Dean, Canons, and Prebends, is Clericorum Congregatio ſub uno Decano in Eccleſia Cathedrali; or it ſignifies, Congregationem Clericorum in Eccleſia Cathedrali, Conventuali, Regulari, vel Collegiata. Of theſe Chapters ſome are Ancient, ſome New; the New are thoſe which were founded or tranſlated by King Henry the Eighth in the places of Abbots and Covents, or Priors and Covents: Or thoſe which are annexed unto new Biſhopricks founded by H. 8. as were Briſtol, Cheſter, and Oxford. This word Capitulum, or Chapter, hath (in addition to the Premiſſes) other ſignifications in Lindwoods Provincials, where he ſpeaks de Capitulis Ruralibus, of Chapters Rural, Lindw. tit. de Conſtit. cap. quia incontinentiae, gloſs. verb. Capitulis Ruralibus; and there acquaints us with no leſs than ſix ſignifications of this word. Sometimes (ſays he) it is taken for the place, in quo fiunt Communes tractatus Collegiatorum. Sometimes it is taken for the place, In quo fiunt Diſciplinae delinquentium: Cap. Reprehenſibilis in fi. Extr. de Appell. Sometimes it is taken pro Decretali vel abia certa diſtinctione Sacrae Scripturae: Cap. cum ſupr. Extr. de Sepult. Sometimes it is taken, pro Capitulis Ruralibus, as aforeſaid, that is, when in Lecis minus inſignibus, viz. in Rure Conſtitutis, known by the name of Conventus in Otho's Conſtitutions: Cap. Sacramenta, ad finem, ver. Conventib. Sometimes it is taken for a Collection of perſons, adinvicem de his quae eis incumbunt in Locis ad hoc aſſignatis tractantium; and being taken in this ſenſe, it may be underſtood ſometimes for perſons Congregated in a Metropolitan or Cathedral Church, and ſometimes for perſons congregated in a Church Conventual, Regular or Collegiate: and each of theſe laſt may in a large ſenſe be ſaid to be a Collegiate Church, according to the deſcription thereof, viz. That Eccleſia Collegiata eſt Collectio hominum ſimul viventium; but to ſpeak properly, that is Capitulum, which is reſpectis Eccleſiae Cathedralis: That Conventus, which is reſpectu Eccleſiae Regularis: and that Collegium, which is reſpectu Eccleſiae Inferioris, ubi eſt Collectio viventium in Communi. And ſometimes Capitulum is taken for a Collection of many perſons, not living in Common, ſed ob tracatus Communes inter ſe habendos, ad aliquem locum Conſtuentium; according to which, a convening together of many Rectors, Vicars, and other Eccleſiaſtical perſons, ob tractatus communes inter ſe habendos, etiam dicitur Capitulum zLindw. ubi ſupra.Panormitan underſtands it, pro Collectione ſeu pro Collegio ipſorum Canonicorum; but withal ſays, it hath divers ſignifications, all which he comprizes in this one Verſe,
Diſtinguit, minuit, Locat, & Collectio fertur.
Diſtinguit, when one Subject is diſtinguiſhed from another in any Tract or Treatiſe: Minuit, when it ſtands diminutively, Capitulum, quaſi parvum Caput, as aforeſaid, underſtand it ſecundum modum: Locat, when it is taken for the Place it ſelf where the Canons are met or conven'd: Collectio, and ſo it is taken pro ipſo Collegio, as aforeſaid; Panorm. de Reſcript. Extr. c. Capitum. Whereof there are three inſeparable ſigns, as one Common Seal, one Common Stock or Treaſure, and one Common Head or Rector.
(9.) By the Canon Law the words, Capitulum, Conventus, Coetus, and Concilium, are as it were Synonymous; but the terms, Capitulum and Conventus, are frequently uſed Promiſcuouſly: But to ſpeak properly according to that Law, Conventus is ſaid to be Congregatio Eccleſiae Regularis; and Capitulum or a Chapter is ſaid to be Congregatio Eccleſiae Secularis aGloſſ. ib.The word [Chapter] taken (as here) in a proper Canon-ſenſe, is a name Collective, having a Plural ſignification; yet in reference to different things, may be accommodated as well to the Singular as the Plural.
(10.) A Chapter Eccleſiae Cathedralis, conſiſts of perſons Eccleſiaſtical, Canons and Prebendaries, whereof the Dean is chief, all ſubordinate to the Biſhop, to whom they are as Aſſiſtants in matters relating to the Church, for the better ordering and diſpoſing the things thereof, and for Confirmation of ſuch Leaſes of the Temporalties and Offices relating to the Biſhoprick, as the Biſhop from time to time ſhall happen to makebCo. 3. par. Caſe of the D. and Chapter of Norwich. It ſeems that at the Common Law, by the Gift or Grant of Lands to a Dean and Chapter (being a Corporation Aggregate) the Inheritance or Fee-ſimple may paſs to them without the word [Succeſſors,] becauſe in Conſtruction of Law ſuch Body Politick is ſaid never to diecHugh's Parſ. Law. cap. 3. This muſt be underſtood only in reference to their taking of the thing granted, in their Politick, not Natural Capacity.
(11.) One Biſhop may poſſibly have two Chapters, and that by Union or Conſolidation, as in the Biſhop of Waterford's Caſe, who had the Biſhoprick of Liſmore and the Chapter thereof united to that of Waterford: In which Caſe although the Chapter of Liſmore, only Confirmed the Grants of Lands belonging to Liſmore, and the Chapter of Waterford only confirmed the Grants of Lands belonging to the Biſhoprick of Waterford; yet becauſe the Union there was not extant, the Judges held the Confirmation in manner aforeſaid to be good; but otherwiſe all the Judges held, that both Chapters ought to have ConfirmeddCo. 12. 71. a. b. Dyer. 282. p. 26. Sr. Sim. Degg's Law, cap. 5. Parſ. Counſellor. par. 1. c. 10. For it ſeems if a Biſhop hath two Chapters, both muſt Confirm his LeaſeseTemp. R, …. Fitz. tit. Grnats 104. Hugh's Parſ.
(12.) A Parſonage in the Dioceſs of W. is annexed to a Prebend in S. the Prebend makes a Leaſe for years, which is Confirmed by the Biſhop, and Dean and Chapter of S. It was held by the Court to be good, without the Confirmation of the Biſhop of W. in whoſe Dioceſs it is.More's Rep. In Eyre's Caſe it was reſolved, That Chapters are not of a capacity to take by Purchaſe or Gift without the Dean, who is their Head. And in the Caſe of Eaton-Colledge, where a Leaſe was made by the Dean and Chapter of the Colledge of Eaton, whereas they were incorporated by the Name of the Dean and Chapter of the Colledge of St.3 & 4 Ma. Eaton-Colledg. Caſe. More ibid. Maries of Eaton; Reſolved, that the Leaſe was void for the Miſnoſiner. Yet, whereas the Dean and Canons of Windſor were Incorporated by Act of Parliament, by the Name of the Dean and Canons of the Kings Free-Chappel of his Caſtle of Windſor, and they made a Leaſe by the Name of the Dean and Canons of the Kings Majeſtie's Free-Chappel of the Caſtle of Windſor, Paſch. 6 Eliz. More ibid.in the County of Berks: Reſolved, the Leaſe was good; For although the King in the Act of Parliament calls it his Caſtle, yet when another ſpeaks of it, it is more apt to call it the Caſtle, and therefore ſuch variance ſhall not avoid the Leaſe. Likewiſe, whereas Chriſts-Church in Oxon is incorporated by the Name of Dean and Chapter Eccleſiae Cathedralis Chriſti de Oxon: The Lord North's Caſe. Mores Rep.and they made a Leaſe by the Name of Dean and Chapter Eccleſiae Cathedralis Chriſti in Academia de Oxon; and the Liberties de Academia did extend further than the Liberties of the City; yet it was adjudged a good Leaſe, becauſe the ſubſtance of the Corporation was inſerted in the words of the Leaſe.