[ 391 ] 4. Induction. The rights vacancy, at least in the case of a common patron; but the church is not full against the king, till induction: nay, even if a clerk is instituted upon the king's presentation, the crown may revoke it before induction, and present another clerk.o Upon institution also the clerk may enter on the parsonage house and glebe, and take the tithes; but he cannot grant or let them, or bring an action for them, till induction. Induction is performed by a mandate from the bishop to the archdeacon, who usually issues out a precept to other clergymen to perform it for him. It is done by giving the clerk corporal possession of the church, as by holding the ring of the door, tolling a bell, or the like; and is a form required by law, with intent to give all the parishioners due notice, and sufficient certainty of their new minister, to whom their tithes are to be paid. This, therefore, is the investiture of the temporal part of the benefice, as institution is of the spiritual. And when a clerk is thus presented, instituted, and inducted into a rectory, he is then, and not before, in full and complete possession, and is called in law persona impersonata, or parson imparsonee.P The rights of a parson or vicar, in his tithes, and since a parson or their commutation in the rent-charge in lieu thereof, and and duties of vicar. ecclesiastical dues, are not here properly to be considered: 9 and as to his duties, they are principally of ecclesiastical cognizance; those only excepted which are laid upon him by statute. And those are indeed so numerous, that it is impracticable to recite them here with any tolerable conciseness or accuracy. Some of them we may remark, as they arise in the progress of our inquiries, but for the rest I must refer myself to such authors as have compiled treatises expressly upon this subject." I shall only just mention the article of residence, upon the supposition of which the law doth style every parochial minister an incumbent. By statute V c. 106. 21 Hen. VIII. c. 13, persons wilfully absenting themselves from their benefices, for one month together, or two months in the year, incurred a penalty of 51. to the king, and 56. to any person that would sue for the same: except chaplains to the king, or others therein mentioned,s during their attendance in the household of such as retained them: and also except all heads of houses, magistrates, and professors in the universities, and all students under forty years of age residing there, bona fide, for study. Legal residence is not [392] only in the parish, but also in the parsonage house, if there be one for it hath been resolved," that the statute intended residence, not only for serving the cure, and for hospitality; but also for maintaining the house, that the successor also may keep hospitality there: and, if there be no parsonage house, it hath been holden that the incumbent is bound to hire one, as this is no excuse for residing out of the Residence. parish. But by an act of the last session of parliament, passed after great consideration, 1 & 2 Vict. c. 106, the 1 & 2 Vict. statute 21 Hen. VIII. c. 13, and all other acts on this subject are repealed, and various provisions are made on the subject of residence. Every spiritual person shall keep residence on his benefice, and in the house of residence, if any; and if any person shall without license absent himself for any period exceeding three months, or to be accounted at several times in any one year, he shall, when such absence shall exceed three months, and not exceed six months, forfeit one-third of the annual value of the benefice: and when such absence shall exceed six months and not exceed eight months, one-half of such annual value; and thus according to the length of absence, (s. 32). If the usual house be unfit, the bishop may grant a license to reside in another, (s. 35). But deans, professors at either universities, chaplains of the king and queen, and certain other persons are privileged from residence, (s. 38). If no license be granted, residence may be enforced by prohibition, or the living may be sequestered, (s. 54), and for the more effectual promotion of this important duty among the parochial How a parson or vicar may cease to be so. clergy, a provision is made by the statute 17 Geo. III. c. 53, for raising money upon ecclesiastical benefices, to be paid off by annually decreasing instalments, and to be expended in rebuilding or repairing the houses belonging to such benefices. And by the 1 & 2 Vict. c. 106, various provisions are made for building and improving a fit house of residence.w We have seen that there is but one way, whereby one may become a parson or vicar: there are many ways, by which one may cease to be so. 1, By death. 2, By cession, in taking another benefice. For by statute 21 Hen. VIII. c. 13, if any one having a benefice of 81. per annum, or upwards, (according to the present valuation in the king's books,*) accepted any other, the first should be adjudged void, unless he obtained a dispensation; which no one was entitled to have, but the chaplains of the king and others therein mentioned, the brethren and sons of lords and knights, and doctors and bachelors of divinity and law, admitted by the universities of this realm. And a vacancy thus made, for want of a dispensation, is called session. But as we have already observed, the statute 21 Hen. VIII. c. 13, has been repealed by the statute 1 & 2 Vict. c. 106, which enacts, that not more than two preferments shall be held together, (s. 2): and no two benefices, unless within ten miles of each other, or if the population of one such benefice is more than 3,000, or the joint yearly value shall exceed 1,000l., (s. 4); and even in this case a license and dispensation must be obtained, (s. 6). Acceptance of any preferment or benefice contrary to the act, vacates the former preferment or benefice, (s. 11). 3. By consecration; for, as was mentioned before, when a clerk is promoted to a bishoprick, all his other [393] preferments are void the instant that he is consecrated. But there was a method, by the favour of the crown, of holding such livings in commendam. Commenda, or ecclesia commendata, was a living commended by the crown to the care of a clerk, to hold till a proper pastor was provided for it. See also 55 Geo. III. c. 147, which authorizes an exchange to be made between a rector and a parishioner of part of his glebe lands with the consent of the parson and bishop. This might be temporary for one, two, or three years; or perpetual: being a kind of dispensation to avoid the vacancy of the living, and was called a commenda retinere. There was also a commenda recipere, which was to take a benifice de novo, in the bishop's own gift, or the gift of some other patron consenting to the same; and this was the same to him as institution and induction are to another clerk. But by the 6 & 7 Wm. IV. c. 77, s. 18, no ecclesiastical dignity, office, or benefice, shall be held in commendam by any bishop unless he held the same at the time of passing the act. 4. By resignation. But this is of no avail, till accepted by the ordinary; into whose hands the resignation must be made. 5. By deprivation; either, first, by sentence declaratory in the ecclesiastical courts, for fit and sufficient causes allowed by the common law; such as attainder of treason or felony,b or conviction of other infamous crime in the king's courts; for heresy, infidelity, gross immorality, and the like: or, secondly, in pursuance of divers penal statutes, which declare the benefice void, for some nonfeasance or neglect, or else some malefeasance or crime. As, for simony;d for maintaining any doctrine in derogation of the king's supremacy, or of the thirty-nine articles, or of the book of common-prayer;e for neglecting after institution to read the liturgy and articles in the church, or make the declarations against popery, or take the abjuration oath; f for using any other form of prayer than the liturgy of the church of England; or for absenting himself sixty days in one year from a benefice belonging to a popish patron, to which the clerk was presented by either of the universities; h in all which and similar cases the benefice is ipso facto void, without any formal sentence of deprivation. VI. A curate is the lowest degree in the church; being vi. Curate. in the same state that a vicar was formerly, an officiating temporary minister, instead of the proper incumbent. Though [ 394 ] z Hob. 144. Cro. Jac. 198. b Dyer, 108. Jenk. 210. Fitz. Abr. tit. Trial. 54. Stat. 13 Eliz. c. 6. 12 Ann. c. 12. • Stat. 1 Eliz. c. 1 & 2, 13 Eliz. c. 12. Stat. 13 Eliz. c. 12. 14 Car. II. c. 4. 1 Geo. I. c. 6. Stat. 1 Eliz. c. 2. h Stat. 1 W. & M. c. 26. VII.Churchwardens. there are what are called perpetual curacies, where all the tithes are appropriated, and no vicarage endowed, (being for some particular reasons exempted from the statute of Hen. IV.) but, instead thereof, such perpetual curate is appointed by the appropriator. With regard to the other species of curates, they are the objects of some particular statutes, which ordain, that such as serve a church during its vacancy shall be paid such stipend as the ordinary thinks reasonable, out of the profits of the vacancy; or, if that be not sufficient, by the successor within fourteen days after he takes possession: and by the stat. 12 Ann. st. 2, c. 12, it was enacted, that, if any rector or vicar nominated a curate to the ordinary to be licensed to serve the cure in his absence, the ordinary should settle his stipend under his hand and seal, not exceeding 50l. per annum, nor less than 207., and on failure of payment may sequester the profits of the benefice. But this last act has been repealed, and the act, to which reference has already been made in this chapter, the 1 & 2 Vict. c. 106, contains various provisions for the benefit and regulation of this deserving class of the clergy. In the first place the residence of the curate is enforced, (s. 76). And if his duty is inadequately performed, the bishop may appoint a curate, but the incumbent may appeal to the archbishop, (s. 77). In large benefices the bishop may require an assistant curate to be appointed, but here also an appeal to the archbishop is given, (s. 78). Perhaps however the most important provision is that which authorizes the bishop to appoint a stipend to every curate of a non-resident incumbent, and to regulate it according to the amount and nature of the duty, (s. 83—105). Thus much of the clergy, properly so called. There are also certain inferior ecclesiastical officers of whom the common law takes notice; and that, principally, to assist the ecclesiastical jurisdiction, where it is deficient in powers. On which officers I shall make a few cursory remarks. VII. Churchwardens are the guardians or keepers of j 1 Burn. Eccl. Law, 427. Stat. 28 Hen. VIII. c. 11. Many of these provisions were also contained in the prior statute, 57 Geo. III. c. 99, repealed by the last act. |