[vicarages have usually been by a portion of the glebe lands belonging to the parsonage, and by a share of the tithes, the greater part of the tithes being, however, still reserved to the use of the appropriators. But one and the same rule was not observed in the endowment of all vicarages; wherefore some are more liberally, and others more scantily, endowed. And the tithes of many things, as wood in particular, are in some parishes rectorial, and in others vicarial.] Such is the history of the distinction between rectors and vicars; and the law on the subject may be shortly stated as follows. Of parochial churches, some have been appropriated, others have not. In a non-appropriated living, there is no vicar, but a rector only, who must be a spiritual person, and who has the cure of souls in the parish, with the exclusive title to all the emoluments (o). In an appropriated living, there is generally (besides the appropriator) a vicar; and in such latter cases, the appropriator never has the cure of souls within the parish, that being committed exclusively to the vicar. The emoluments of appropriated livings belong in part to the appropriator, in part to the vicar, according to the distinctions already in part referred to; and, in nonappropriated churches, the rector, and in appropriated churches, the vicar, is seised for his life only, the fee being in abeyance. But the appropriator (or tithe owner) may be entitled either in fee or for a less estate, according to the circumstances of his title (p). the monks, who lived according to the rules of their respective houses, being so denominated, in contradistinction to the parochial clergy, who, as they performed their ministry in the world (in seculo), were called secular clergy. (0) By the Spiritual Duties Act, 1839, reciting that there are several benefices, in which more than one spiritual person has the general cure of souls, the bishop is empowered, where such is the case, to order an appointment of the spiritual services. (p) Grendon v. Bishop of Lincoln (1576), Plowd. 493; Duke of Portland v. Bingham (1792), 1 Hagg. Consist. Rep. 162. But it is not in all appropriations that a vicar exists ; for in some it happens, in consequence of their being exempted (for particular reasons) from the statute of 4 Hen. IV. (1402), c. 12, that no vicar has ever been endowed (q). Such churches, however, usually possess a permanent minister in holy orders, of the same general description as a vicar, who, under the denomination of perpetual curate, is charged with the cure of souls; and he is entitled to emolument for his services, and is liable to his successor for dilapidations (), and is in most other respects situated similarly to a vicar (s). Owing to the growth of population in the great towns, provision has been made by a series of Church Building Acts, from 1818 to 1884, and by the New Parishes Acts, 1843 to 1884, for the creation of new parishes or districts. Of these there are several kinds-distinct and separate parishes, district parishes, district chapelries, consolidated chapelries, and Peel parishes and districts; and of many of these districts or divisions, the incumbents were originally only curates. But by the District Church Tithes Amendment Act, 1868, the incumbent of the church of every parish or new parish for ecclesiastical purposes, not being a rector, who is entitled to perform marriages, churchings, and baptisms, and to claim the fees thereof for his own use, shall, for the purpose of style and designation, but not for any other purpose, be deemed and styled the vicar, and his benefice a vicarage (t). The effect of this provision when read together with the New Parishes Act, 1856 (known as Lord Blandford's Act), is to make almost all incumbents, who are not rectors, vicars. It is to be observed also, that in former times the rector of a benefice, having cure of souls, sometimes obtained (7) 1 Burn, Eccl. Law, 437; Wats. C. L. 343. (r) Mason v. Lambert (1848), 12 Q. B. 795. (s) Doe v. Thomas (1839), 9 A. & E. 556; Doe d. Brammall v. Collinge (1849), 7 C. B. 939. (t) Queen Anne's Bounty Act, 1714, ss. 4 and 21; and 34 & 35 Vict. (1871), c. 43, s. 3. permission to appoint a vicar to officiate under him; so that, by this means, two persons were instituted to the same church, and both had cure of souls. The effect of this was, that by custom the rector became at length entirely relieved from residence, and from all other spiritual duties; whence he came to be called a sinecure rector, or rector without cure of souls (u). But by the Ecclesiastical Commissioners Act, 1840, ss. 48, 55, it was provided, that all ecclesiastical rectories without cure of souls (having vicars endowed or perpetual curates), which were in the sole patronage of the Crown or of any ecclesiastical corporation aggregate or sole, should, immediately upon the first vacancies, be entirely suppressed; and that the patronage of all others might be at any time sold to the Ecclesiastical Commissioners, and should thereupon be also suppressed; and that the lands, tithes, and endowments of any such suppressed sinecure rectory might be annexed (when it should appear expedient) to the vicarage or perpetual curacy, which should thereupon be constituted a rectory with cure of souls. We have thus had occasion to speak of three several kinds of parochial preferments, viz., rectories, vicarages, and perpetual curacies; and as to each of these we may remark, that they are usually comprehended under the general term of benefice (a), a term indeed which, in its technical sense, though not in its popular acceptation, extends not only to these, but also to any ecclesiastical preferments to which rank or public office is attached, and which are described in our books as ecclesiastical dignities or offices, such as bishoprics, deaneries, and the like (y). But in statutes, these latter are in general distinguished (z). (u) 2 Burn, Eccl. Law, 347; Rogers, Eccl. Law, 890; Gibs. Cod. 753. (x) Ecclesiastical Leases Act, 1842, s. 15; Ecclesiastical Leasing Act, 1842, s. 31; Pluralities Act, 1850, s. 3. (y) 3 Inst. 174. (2) Pluralities Act, 1838, s. 124in which Act (but for the purposes 2. The methods of becoming a rector and becoming a vicar are much the same. To both there are, in general, four requisities necessary, namely, holy orders, presentation, institution, and induction. By the 13 & 14 Car. II. (1662) c. 4, s. 14, no person is capable of being admitted to any benefice, unless he shall have been first ordained a priest; and, by s. 2 (1) (b) of the Benefices Act, 1898, the bishop may refuse to institute if, in the case of the priest presented to him, not more than three years have elapsed since he was ordained deacon. [Any person thus qualified may be presented to a rectory or vicarage, that is, the patron to whom the advowson of the church belongs, may offer his nominee to the bishop of the diocese to be instituted. But, when a clerk is presented, the bishop may, upon many accounts, refuse to institute him. As (1) if the patron is excommunicated, and remains in contempt forty days (a). Or (2) if the clerk be unfit; which unfitness may be of several kinds. First, with regard to his person, as if he be an outlaw, an excommunicate, or an evil liver (), or pecuniarily embarrassed or under age, or the like; but bastardy is no longer a ground of unfitness. Secondly, with regard to his faith or morals, as if he be charged with any particular heresy, or vice that is malum in se but if the bishop objects only for a fault that is malum prohibitum,—as haunting taverns, playing at unlawful games, or the like, -it is not good cause of refusal (c). Lastly, the clerk may be unfit to discharge the pastoral office for want of learning (d), or (in Wales) for want of knowledge of of the Act only), benefices are distinguished from cathedral preferments; benefices denoting all parochial or district churches, and endowed chapels and chapelries, and cathedral preferments denoting all deaneries, archdeaconries, and canonries, and (generally) all dignities and offices in any cathedral or collegiate (b) Benefices Act, 1898, s. 2. (c) Specot's Case (1590), 5 Rep. 58; Heywood v. Bishop of Manchester (1884), 12 Q. B. D. 404. (d) Benefices Act, 1898, s. 2. [Welsh (e). In any of these cases, the bishop may refuse the clerk. In case the refusal is for heresy, schism, inability of learning, or of language, or other matter of ecclesiastical cognizance, the bishop must give notice to the patron of such his cause of refusal (f), at least if the patron be a layman, for in that case he is presumably unaware of the disability; but if the objection be a temporal one, the bishop is not bound to give such notice (g). Under the Benefices Act, 1898 (h), s. 3, notice must also be given to the presentee himself; and there is an appeal to the court which is for this purpose constituted by the Act, namely, to the archbishop and a judge of the Supreme Court. If the bishop hath no objection, but admits the patron's presentee, the clerk so admitted is next to be instituted by the bishop. Institution invests the clerk with the care of the souls of the parish committed to his charge; but when the bishop is also the patron, and confers the living, the presentation and institution are one and the same act, and are called a collation to the benefice.] By s. 2 (2) of the Benefices Act, 1898, the bishop cannot collate, institute, or admit any person to a benefice, until one month after a notice that he intends to do so has been served on the churchwardens, and has been published by them. And before institution or (as the case may be) collation, the clerk must renew the "declaration of assent" which he made previously to his ordination, and must also make and şubscribe the declaration against simony, provided in the Benefices Act, 1898. He must also take the oath of allegiance to the King (as framed by the Promissory Oaths Act, 1868), before the archbishop or bishop, or (e) Abergavenny (Marquis) v. Llandaff (Bishop) (1888), 20 Q. B. D. 460. (f) Bedinfield v. Archbishop of Canterbury (1570), Dyer, 292, (b); Hele v. Bishop of Exeter (1692), 2 Salk. 539; Albany v. Bishop of St. Asaph (1585), Cro. Eliz. 119. (g) 2 Inst. 632; 2 Burn, Eccl. Law, 159. (h) 61 & 62 Vict. c. 48. |