VICAR. 



another, to perform his funAions in his abfence, and under 

 his authority. 



The word is formed from v'uarius, qui alterius vices gerit. 

 The pope pretends to be vicar of Jefus Chrill on earth. 

 He has under him a grand vicar, who is a cardinal ; and 

 whofe jurifdiAion extends over all priefts, both fecular and 

 regular ; and even, in many cafes, over laymen. 



Apojlolical \\Q.zTi are thofe who perform the funftions of 

 the pope in churches or provinces which he has committed 

 to their diredion. 



Among the ancient Romans, vicarius, vicar, was a lega- 

 tus, or a lieutenant, fent into the provinces where there 

 was no governor ; fo that the vicarii were properly the 

 emperor's vicars, not thofe of governors. Cod. de Offic. 

 Vicar. 



Italy, in the time of the eaftern empire, was governed by 

 two vicarii : the one vicar of Italv, who refidcd at Milan ; 

 the other -vicar of the cit\; who relided at Rome. 



Cujas obfervcd, that the word vicar was fometimes, 

 though rarely, attributed to the lieutenant-generals of pro- 

 confuls, or governors of Roman provinces. 



Vicar, in the Canon Law, denotes a prieil of a parifli, 

 the predial tithes of which are impropriated or appropriated ; 

 that is, belong either to a chapter, religious houfe, &c. or 

 to a layman, who receives them, and only allows the vicar 

 the fmaller tithes, or a convenient falary, anciently called 

 forlio congrua. 



He is thus called, quafi vice fungcns reSoris, as fcrving 

 for, or in lieu of, reftor, wlio would be entitled to the 

 great tithes. 



Hence, the part or portion of the parfojiage allotted to 

 the vicar, for his maintenance and fupport, or the promo- 

 tion or living which he has under the parfon, is called a 

 vicarage. This part or portion is, in fome places, an annual 

 fum of money certain ; but in moft places, it is a part of the 

 tithes in kind, which moll commonly is the fmall tithes ; 

 and in fome places he has a pai-t of tlie great tithes, and alfo 

 of the glebe. 



The ftipend of vicars was formerly at the difcretion of 

 the appropriators ; but, on account of their iicgletl, it was 

 tnafted by 15 Rich. II. c. 6. that in all appropriations of 

 churches, the diocelan bifliop (hould ordain in proportion 

 to the value of the church) a competent fum to be diftri- 

 buted among the poor parifliioners annually, and that the 

 vicarage (hould be fufficiently endowed. However, the vicar 

 was liable to be removed at the pleafure of the appropria- 

 tor ; and, therefore, by 4 Hen. IV. c. 12. it is ordained, 

 that the vicar fliall be a fecular perfon, not a member of 

 any rehgious houfe ; that he fhall be vicar perpetual, not 

 removable at the caprice of the monailery ; and that he (hall 

 be canonically inllituted and indufted, and be fufficiently 

 endowed, at the difcretion of the ordinary, for thele three 

 exprefs purpofes, to do divine fervice, to inform the people, 

 and to keep hofpitality. Inftitution and indudtion feem to 

 be the fpccilic difference between a vicar and a perpetual 

 curate ; both can only be in a church that was appro- 

 priated. Bit this mud be underftood, only where the curacy 

 is parochial ; for as to curates of chapels, there feems to be 

 no fimilitude between them and curates of parifhes. In 

 appropriated churches, where no vicar has been endowed, 

 the officiating mini Her is appointed by the appropriator or 

 impropriator, arid is called perpetual curate. The endow- 

 ments in confequence of thele ftatutes have ufually been by 

 a portion of the glebe, or land belonging to the |)arfoiiage, 

 xnd a particular (hare of the tithes, called fmall or vicarial 

 lilhis ; which fee. Some, however, were more liberally, 

 •vTid fome more fcanlily endowed ; and hence many things, 

 I 



as wood in particular, is in fome countries a rcftorial, and 

 in lome a vicarial title. The dilUndion therefore of a par- 

 fon and vicar is this : that the parfon has generally tlie 

 whole of all the ecclefiaftical dues in his parifh ; but a 

 vicar has generally an appropriator over him, entitled to the 

 beft part of the profits, to whom he is in effeft a perpetual 

 curate, with a Handing falary. Though in fome places the 

 vicarage has been coniidcrably augmented by a large ihare 

 of the great tithes ; which augmentations were greatly 

 affifted by the ftatute 29 Car. II. c. 8. enafted in favour of 

 poor vicars and curates, which rendered fuch temporary 

 augmentations (when made by the appropriators) perpetual. 

 See Augmentation. Blackll. Comm. book i. 



A vicar who has a part of the great tithes, and alfo of 

 the jilebe, is called a vicar endowed. 



Thcfe vicars were anciently called pcrpetui vicarii; be- 

 caufe not appointed by the impropriator, and licenfed by 

 the bidiop to read fervice ; but prefented by the patron, 

 and canonical inftitution given them by the hands of the or- 

 dinary ; and fo having conftant fucceffion, or corporations, 

 and never dying. 



The aft of endowment by the bilhop might be made 

 either in the aft of appropriation, or by a fubfequent aft 

 or fcparate inftrument. Upon the making of an appro- 

 priation, an annual penfion was referved to the bilhop and 

 his fucceffors, commonly called an indemnity, and payable 

 by the body to whom the appropriation was made. See 

 Appropriation and Impropriation. 



A vicarage by endowment becomes a benefice diflinS 

 from the parfonage. As the vicar is endowed with feparate 

 revenues, and is now enabled by the law to recover his tem- 

 poral rights without aid of parfon or patron ; fo hath he 

 the whole cure of fouls transferred to him, by inftitution 

 from the bifhop. It is true, in fome places, both the par- 

 fon and the vicar do receive inftitution from the bifhop to 

 the fame church as it is in the cafe of finecures ; the origi- 

 nal of which was thus: The reftor I'with proper confent) 

 had a power to entitle a vicar in his church to officiate 

 under him ; and this was often done ; and by this means 

 two pcrfoiis were inftituted to the fame church, and both to 

 the cure of fouls, and both did aftually officiate. So that 

 however the reftors of linecurcs, by having been long ex- 

 cufed from refidence, are in the common opinion difcharged 

 from the cure of fouls which is the reaion of the name) ; 

 and however the cure is faid in the law-books to be in 

 them habilualiter only ; yet in ftriftnefs of law, and with re- 

 gard to their original inftitution, the cure is in them aflua- 

 liter, as much as it is in the vicar, Gibl. 7 19. Cro. Jac. 

 518. I Sid. 426. 



The parfon, by making the endowment, acquires the pa- 

 tronagt of the vicarage. For in order to the appropriation 

 of a parfonage, the iniieritance of the advowfon was to be 

 transferred to the corporation to which the church was to 

 be appropriated ; and then, the vicarage being derived out 

 of the parfonage, the parfon of common right mull be pa- 

 tron thereof. So that if the parfon makes a leafe of the 

 parfonage (without making a Ipecial refervalion to himfclf 

 of the right of prefenting to the vicarage), the patronage 

 of the vicarage paffeth as incident to it. (2 Roll. Abr. 59.) 

 But it was held in the 21 .lac. that the pariftiioners may pre- 

 ftribe for the choice of a vicar. And bi'fore that, in the 

 16 Ja. it was declared by the court, that though the advow- 

 fon of the Vicarage of co 1 mon right is appendant to the 

 reftory, yet it may be apjjeiidant to a manor; as having 

 been referved fpecially upon the appropriation. Gibl. 711^. 

 Moore, 894. 2 Roll. Rep. 304. 



oonietimes, upon appri'pri^ilion, the right of prefenting 



the 



