RESIDENCE. 



<{'n>ifim, in every year at the lead, and then (hall continue 

 there in preaching the word of God, and keeping good hof- 

 pitality ; except he fhall be otherwife let with weighty and 

 urgent caufes, to be approved by the bifhop of the diocefe, 

 or in any other lawful fort difpenied with. 



By can. 44 no prebendaries nor canons in cathedral or col- 

 legiate churches, having one or more benefices with cure, 

 (and not being refidentiaries in the fame cathedral or colle- 

 giate churches,) fhall, under colour of their faid prebends, 

 abfent themfelves from their benefices with cure above the 

 fpace of one month in the year, unlefs it be for fome urgent 

 caufe, and certain time to be allowed by the bilhop of the dio- 

 cefe. And fuch of the faid canons and prebendaries, as by 

 the ordinances of the cathedral or collegiate churches do 

 if and bound to be refident in the fame, fhall fo among them- 

 fclves fort and proportion the times of the year, concerning 

 refidence to be kept in the faid churches, as that fome of 

 them always fhall be perfonally refident there ; and all thofe 

 who be, or fhall be refidentiaries in any cathedral or colle- 

 giate church, fhall, after the days of their refidency ap- 

 pointed by their local ftatutes or cuftom expired, preiently 

 rcpair to their benefices, or fome one of them, or to fome 

 other charge where the law requireth their prefence, there to 

 difcharge their duties according to the laws 111 that cafe pro- 

 vided. And the bifhop of the diocefe fhall fee the fame to 

 be duly performed and put in execution. 



So that, befides the general laws directing the refi- 

 dence of other clergymen, thefe dignitaries have another 

 law peculiar to themfelves, namely, the local ftatutes of 

 their refpeftive foundations, the validity of which local 

 ftatutes this canon iuppoleth and affirmeth. And, with 



Upon this notion a praftice was founded, and prevailed in 

 England, which eluded the canons made againft pluralities. 

 A man beneficed in one church could not accept another, 

 without avoiding the firftj but a man poffeffed of a bene- 

 fice, could accept a vicarage under the reftor in another 

 church, for that was no benefice in law, and therefore not 

 within the letter of the canon, which forbids any man hold- 

 ing two benefices. 



The way then of taking a fecond living in fraud of the 

 canon was this : a friend was prefented, who took the infti- 

 tution, and had the church quoad tilulum ; as foon as he was 

 poffeffed, he conftituted the perfon vicar for whofe benefit 

 he took the living, and by confent of the diocefan, allotted 

 the whole profit of the living for the vicar's portion, except 

 a fmall matter referved to himfelf. 



This vicar went and refided upon his firlt living, for 

 the canon reached him where he had the benefice ; but 

 having no benefice where he had only a vicarage, he 

 thought himfelf fecure againft the faid canons requiring 

 refidence. 



This piece of management gave occafion to feveral pa- 

 pal decrees, and to the following conltitiition of arch- 

 bifhop Langton ; ok No ordinary (hall admit any one 

 to a vicarage, who will not perfonally officiate there. 

 Eind. 64. 



And to another conftitution of the fame archbifhop, bv 

 which it is injoined, that vicars who will be non-refident fliail 

 be deprived. Lind. 131. 



But the abufe ftill continued, and therefore Otho, in 

 his legatine conftitutions, applied a ftronger remedy, or- 

 daining, That none fhall be admitted to a vicarage, but 



refpeft to the new foundations in particular, the aft of who, renouncing all other benefices (if he hath any) with 



enafteth that their loca! 

 as they are not contrary 



parliament of the 6 Anne, c. 21 

 ftatutes fhall be in force, fo far 



to the conftitution of the church ot England, or the laws 

 of the land. This canoa is undoubtedly a part of the 

 conftitution of the church : lo that it the canon inter- 

 fereth in any refpeft with the faid local ftatutes, the ca- 

 non is to be preferred, and the local ftatutes to be in force 

 only fo far forth as they are modified and regulated by the 

 canon. 



There doth not appear to be any difference, cither by 

 the ecclefiaftical or temporal laws of this kingdom, between 

 the cafe of a reftor and of a vicar concerning refidence ; 

 except only that the vicar is fworn to relide, (with aprovifo, 

 unlefs he lhall be othcrwife difpculed withal by his diocefan,) 

 ?nd the reftor is not fworn. And the realon of this dif- 

 ference was this : in the council of Lateran, held under 

 Alexander 1 II., and in another Lateran council, held undci 

 Innocent 111., there were very Itrict canons made againft plu- 

 ralities ; by the tirlt of thele councils pluralities arc rc- 

 flrained, and every perfon admitted ad eccleftam, •uel eacle- 

 fiajlicum miniflerium, is bound to relide there, and perfonally 

 ferve the cure ; by the fecond of thefe councils, if any per- 

 fon, having one benefice with cure of fouls, accepts of a 

 leeond, his fir ft is declared void ipfo jure. Thele canons wen- 

 received in England, and are ftill part ot our ecclefiaftical law. 



At the firll appearance of thefe canons, there was 1,0 

 doubt made but they obliged all rtSort. ; for they, accord- 

 ing to the language of the law, had churches in title, and 

 had beneftcium ece/efia/licuin : and of fuch the canons (poke. 

 But vicars did not then look upon themfelves to be bound 

 by thefe canons, for they, as ithe glofs upon the decretals 

 (peaks, had not ccc/e/iam quoad tilulum ; and the text ol tin- 

 law defcribes them, not as having benefices, but as bound /. r- 



fonts el ecclejtis 

 his church. 



il'fervire, that is, as alliltant to the reftor in 



cure of fouls, (hall fvvear that he will make refidence 

 there, and (hall conftantly fo refide : otherwife his initia- 

 tion fhall be null, and the vicarage fhall be given to an- 

 other. Athon. 24. 



And it is upon the authority of this conftitution that the 

 oath of refidence is adminiftercd to vicars to this day. And 

 this obligation of vicars to refidence was further inforced by 

 a conftitution of Othobon, as followeth : If any (hall detain 

 a vicarage contrary to the aforefaid conftitution of Otho, he 

 fhall not appropriate to himfelf the profits thereof, but (hall 

 reltore the lame ; one moiety whereof (hall be applied to 

 the ulc of that church, and the other moiety fhall be dillri- 

 butcd half to the poor of the parilh, and half to the archdea- 

 con. And the archdeacon lhall make diligent inquiry every 

 year, and caufe this conftitution to be ftriftly observed. 

 And it he fhall lind that any one detaineth a vicarage contrary 

 to the premifes, he (hall forthwith notify to 'the ordinary 

 that fuch vicarage js vacant, who lhall do wli.it lo him be- 

 longethin the premifes; and if the ordinary lhall d. -lay to 

 inftitute another into fuch vicarage, he (hall be fufpended 

 (nun collation, inititution, or presentation to any benefices 

 until he (hall comply. And if any one (hall ftrive to detain 

 a vicarage contrary to the premifes, and perfift in his obfti- 

 nacy for a month; he lhall, befides the penal faid, 



be ipfo fa/So deprived of his other benefices (if he have any); 

 and (hall be difahled forc\ 1 to hi Id fuch vicarage, whii I 

 hath lo vi xatioufiy detained, and from obtaining any other 

 benefice for three years. And if the archdeacon lhall be - 



rcmifs in the premifes, he (hall 1) ■ deprived of the (h; re ol 

 the aforefaid penalty affignedto him, and be Cufpi ndi 1 From 

 the entrance of the church, until he lhall perform his duty. 

 Athon. 95. 



So that, upon the whole, the doubt wa9 not, whether 

 reftors were obliged to refidence; the only qticftion was, 

 whether vicars obliged : and to in/drci the refi- 



dence 



