their commissary; and he must also take the oath of canonical obedience to his bishop (). [By institution or collation, the church is full, at least in the case of a common patron; but the church is not full against the Crown till induction, so much so, that even if a clerk has been instituted upon the Crown's presentation, the Crown may before induction revoke it, and present another clerk (k). Upon institution, the clerk may enter on the parsonage house and glebe, and take the tithes ; but he may not grant or let them, or bring an action for them, till induction.

Induction to the temporalities 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, the original intent having been to give all the parishioners due notice and sufficient certainty of their new minister. 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 living, he is then, and not before, in full and complete possession (1).] The title, however, of any person instituted, collated, or licensed, to any benefice. with cure of souls will be afterwards divested, unless on the first Lord's day on which he officiates in the church of the benefice, or such other Lord's day as the ordinary shall appoint and allow, he shall publicly read therein, in the presence of the congregation, the Thirty-nine Articles of religion, and immediately afterwards repeat the "declaration of assent" prescribed by the Clerical Subscription Act, 1865, which he made previously to his ordination (m). This formality is called "reading in.” In addition to the methods of acquisition which have

(i) Clerical Subscription Act,

1865, s. 5.

(k) Co. Litt. 344.

(1) Co. Litt. 300.

(m) Sect. 7.

been mentioned, there were formerly benefices which a clerk might obtain by mere donation, that is, by deed of gift alone, without presentation, institution, or induction; and they were thence called donative benefices. [These last-mentioned benefices were created whenever the king, or any subject by his licence, founded a church or chapel, and ordained that it should be merely in the gift or disposal of the patron; be subject to his visitation only, and not to that of the ordinary; and become vested absolutely in the clerk by the patron's deed of donation, without presentation, institution, or induction (n). This is said to have been antiently the only way of conferring ecclesiastical benefices in England (o). But the truth seems to be, that where the benefice was to be conferred on a mere layman, he was first presented to the bishop, in order to receive ordination, who was at liberty to examine and refuse him; but that where the clerk was already in orders, the living was usually vested in him by the simple donation of the patron.

But if the patron of a donative once waived his privilege, the advowson became for ever presentative, and could never be donative any more (p); and now, by the Benefices Act, 1898 (g), s. 12, all donatives are made. presentative.

3. The rights of the clergy in their tithes and ecclesiastical dues will be considered hereafter as part of the endowments and provisions of the Church (r); and as regards the duties of the clergy, these are principally of ecclesiastical cognizance, except where otherwise appointed by statute (s). We shall here refer, therefore,

(n) Co. Litt. 344.

(0) Seld. Tith. ch. 12, s. 2; Decretal. 1. 3, t. 7, ch. 3.

(p) Co. Litt. ubi sup. ; Farchild v. Gayre (1603), Cro. Jac. 63; Wats. C. L. 170; Repington v. Governors of Tamworth School (1763), 2 Wils. 150; Rennell v.

Bishop of Lincoln (1832), 8 Bing. 490; The Queen v. Foley (1846), 2 C. B. 664.

(q) 61 & 62 Vict. c. 48.

(r) Vide post, bk. IV. pt. II. ch. III.

(s) Among the treatises on the law of the Church which may be

[only to the article of residence, upon the supposition of which the law doth style every parochial minister an incumbent.]

The present enactments on the subject of residence will be chiefly found in the Pluralities Acts, 1838, 1850, and 1887, and in the Benefices Act, 1898 (t), ss. 8, 9. The first of these Acts provides, that every spiritual person holding a benefice shall reside thereon, and in the house of residence (if any) belonging thereto; and that if he absents himself for a period exceeding three months, (either accounted together or at several times,) in any one year, he shall forfeit, unless resident at some other benefice to him belonging, a proportionate part of the annual value of the benefice at which he so fails to reside (u). But this rule is subject to various exceptions and modifications, of which the principal are as follows:-1st, The heads of all colleges and halls in the universities of Oxford or Cambridge, the warden of the university of Durham, and the head masters of Eton, Winchester, and Westminster school, are exempt from its requirements (r); 2nd, deans and archdeacons, and a variety of public professors, readers, preachers, and chaplains specified in the Acts, as likewise the provost of Eton, the warden of Winchester, the master of the Charterhouse, the principal of St. David's, and of King's College, London, and also (provided they are not absent from their benefices more than five months in the year) the fellows of Eton and Winchester, and all canons, minor canons, priest vicars, and vicars choral, are severally entitled to count the time passed at their official residences or in the performance of their duties, as if it had been passed in residence upon their benefices (y); 3rdly, if

relied upon with confidence, are Bishop Gibson's Coder, Dr. Burn's Ecclesiastical Law, Dr. Phillimore's Ecclesiastical Law, and the earlier editions of the Clergyman's Law, published under the

name of Dr. Watson, but compiled
by Mr. Place, a barrister.

(t) 61 & 62 Vict. c. 48.
(u) 1 & 2 Vict. c. 106, s. 32.
(r) Sect. 37.

(y) Sects. 38, 39.

there be no fit residence belonging to the benefice, the bishop may from time to time license the incumbent to reside in some other house within a certain specified distance from his church or chapel, and such house thereupon becomes a legal house of residence for all purposes; 4thly, if there be no fit house of residence, and no convenient house can be obtained within the specified distance, or if the incumbent cannot reside on his benefice by reason of any incapacity of mind or body, or owing to the dangerous illness of his wife or child, (but subject in the latter case to certain restrictions as to time and otherwise,) application may be made to the bishop for a licence of non-residence (); 5thly, if the incumbent shall occupy, in the same parish, any mansion whereof he is the owner, a similar application for a licence to reside therein may be made (a); and 6thly, the bishop is empowered, in any other case, but only under special circumstances, and subject to allowance by the archbishop, to grant a licence to reside out of the limits of the benefice (b).

It is further provided by the Pluralities Act, 1838, that annual returns of such of the clergy as are resident, and of such as are non-resident, shall be made to his Majesty in council (c); and that, in case of non-residence, the bishop, instead of proceeding to enforce the penalties above mentioned, may, if he thinks fit, issue a monition against the offender, to be followed up by an order to reside. In case of non-compliance with such order, the bishop may proceed to sequester the profits of the benefice, and apply them for the purposes in the Act specified (d) ; and in case of long-continued or repeated sequestration for a year or more, the benefice is to become void, and a new presentation may be made, as if the former holder.

(*) Sect. 43. (a) Ibid.

(b) Sect. 44.

(c) Sects. 51, 52.

S. C.-II.

ז 2

(d) Sect. 54: Ex parte Bartlett (1848), 12 Q. B. 488; Bartlett v. Kirwood (1853), 2 El. & Bl. 771.

were dead (e). So that sequestration is now become a ground of deprivation (ƒ).

For the more effectual promotion of this important duty of residence, among the parochial clergy, there are also contained in the statute book a variety of provisions for repairing the houses of residence, and for building or purchasing new ones, and for raising money, for these purposes, by mortgage of the benefices (g); the money being lent by the Governors of Queen Anne's Bounty (h).

4. As regards the ways in which a clerk may lose his preferment, he may lose it, 1stly, by cession, or taking another benefice. For, by the Pluralities Act, 1838 (in substitution for the previous provisions of the 21 Hen. VIII. (1529), c. 13), as amended by the Pluralities Act, 1850, and the Pluralities Act, 1885, s. 14, no person may hold together any two or more benefices, except in the case of two whereof the churches are within four miles of one another, by the nearest road, and the annual value of one of them does not exceed 2007., which, being contiguous benefices, may be united (i); and that no person, holding a benefice with cure of souls embracing a population of more than 3,000, may hold therewith any other benefice with a population of more than 500; and that no person, holding two benefices with cure of souls, may hold therewith a third, or any cathedral preferment (k). Upon every admission to a new benefice or preferment contrary to

(e) Sect. 58.

(f) Benefices Act, 1998, s. 10. (g) 17 Geo. 3 (1777), c. 53; 21 Geo. 3 (1781), c. 66; 43 Geo. 3 (1803), cc. 107, 108; 51 Geo. 3 (1811), c. 115; 55 Geo. 3 (1815), c. 147; 6 Geo. 4 (1825), c. 8; 7 Geo. 4 (1826), c. 66; 1 & 2 Vict. (1838), cc. 23, 29, 106, ss. 25, 62, &c. ; 3 & 4 Vict. (1840), c. 113, s. 59; 4 & 5 Vict. (1841), c. 39, s. 18; 5 & 6 Vict. (1842), c. 26 (repealing 2 & 3 Vict. (1839),

C. 18); 19 & 20 Vict. (1856), C. 104, s. 27; 28 & 29 Viet. (1865), c. 69; 34 & 35 Vict. (1871), c. 43.

(h) 49 & 50 Vict. (1886), c. 34; 49 & 50 Vict. (1886), c. 54, s. 12.

(i) 1 & 2 Vict. (1838), c. 106; 13 & 14 Vict. (1850), c. 98; 23 & 24 Vict. (1860), c. 142; and 34 & 35 Vict. (1871), c. 90; 61 & 62 Vict. (1898), c. 23.

(k) 1 & 2 Vict. (1838), c. 106, s. 2.