PAR 
himfelf of the parfonage-houfe, the glebe, the tithes, and 
other dues; yet thefe are fometimes appropriated ; that 
is to fay, tlie benefice is perpetually annexed to fome 
fpiritual corporation, either foie or aggregate, being the 
patron of the living; whom the law efteems equally ca¬ 
pable of providing for the fervice of the church as any 
fingle private clergyman. See Appropriation, vol. i. 
The appropriating corporations, or religious houfes, 
were wont to depute one of their own body to perform 
divine fervice, and adminifter the facraments, in thofe 
pariflies of which the fociety was thus the parfon. This 
officiating minifter was in reality no more than a curate, 
deputy, or vicegerent of the appropriator, and therefore 
called vicarius, or vicar. His llipend was at the difcre- 
tion of the appropriator, who was, however, bound of 
common right to find lomebody, qui illi de temporalibus, 
epifcopo de fpiritualibus, debeat refpondere. But this was 
done in fo i'candalous a manner, and theparifhes fuffered 
fo much by the negleft of the appropriators, that the le- 
giflature was forced to interpofe: and accordingly it is 
enafted, by fiat. 15 Rich. II. c. 6. that in all appropriations 
of churches the diocefan bifhop (hall ordain (in propor¬ 
tion to the value of the church) a competent fum to be 
diftributed among the poor parifhioners annually ; and 
that the vicarage (hall be fufficiently endowed. It feems 
the parifti were frequently fufferers, not only by the want 
of divine fervice, but alio by withholding thofe aims for 
which, among other purpofes, the payment of tithes was 
originally impofed : and therefore in this aft a penfion is 
direfted to be diftributed among the poor parochians, as 
well as a fufficient ftipend to the vicar. But he, being 
liable to be removed at the pleafure of the appropriator, 
was not likely to infift too rigidly on the legal fufficiency 
of the ftipend; and therefore, by ftatute 4 Hen. IV. c. 
12. it is ordained, that the vicar (hall be a fecular perfon, 
r.ot a member of any religious houfe ; that he (hall be 
vicar perpetual, not removeable at the caprice of the mo- 
naftery ; and that he (hall be canonically inftituted and 
indufted, and be fufficiently endowed, at the difcretion of 
the ordinary; forthefe three exprefs / purpofes, to do divine 
fervice, to inform the people, and to keep hofpitality. 
From this ftatute we may date the origin of the prefent 
vicarages; for, before this time, the vicar was nothing 
more than a temporary curate. All the tithes or dues 
of the church of common right belong to the reftor ; or 
to the appropriator or impropriator, who have the fame 
rights as the reftor; and the vicar is entitled only to that 
portion which is expreffed in his endowment; or what 
his predeceffors have immemorially enjoyed by prefcrip- 
tion, which is equivalent to a grant or endowment. 
Thefe endowments frequently invert the vicar with fome 
part of the great tithes ; therefore the words rectorial and 
vicarial tithes have no definite fignification : but great and 
Jmall tithes are technical terms; and which are, or ought 
to be, accurately defined and diftinguilhed by the law. 
1 Comm. c. 11. in n. 
The diftinftion therefore of a parfon and vicar is this : 
the parfon, or reftor, has for the moft part the whole right 
to all the ecclefiaftical dues in his parifti ; but a vicar has 
generally an appropriator over him, entitled to the beft 
part of the profits, to whom he is in effeft perpetual cu¬ 
rate, with a (landing falary ; though in fome places the 
vicarage has been confiderably augmented by a large (hare 
of the great tithes ; which augmentations were greatly 
afilfted by ftat. 29 Car. II. c. 8, enafted in favour of poor 
vicars and curates ; which rendered fuch temporary aug¬ 
mentations (when made by the appropriators) perpetual. 
The method of becoming a parfon and a vicar is much 
the fame. To both there are four requifites neceflary : 
holy orders; prefentation ; inftitution ; and induftion. 
The method of conferring the holy orders of deacon and 
prieft, according to the liturgy and canons, is foreign to 
the prefent purpofe, any farther than as they are neceffary 
requifites to make a complete parfon or vicar. See the 
SON. 648 
article Ordination, vol. xvii. and Cookfon’s Common 
Prayer, p. 611. 
By flat. 13 and 14 Car. II. c. 4, no perfon is capable to 
be admitted to any benefice, unlefs he hath been firft or¬ 
dained a prieft ; and then he is, in the language of the 
law, a clerk in orders. But, if he obtains orders, or a 
licenfe to preach, by money or corrupt praftices, (which 
feems to be the true though not the common notion of 
fimony,) the perfon giving fuch orders forfeits 40I. and 
the perfon receiving 10!. and is incapable of any eccle¬ 
fiaftical preferment for feven years afterwards. 31 Eliz. 
c. 6. 
Any clerk may be prefented to a parfonage or vicarage ; 
that is, the patron, to whom he advowfon of the church 
belongs, may offer his clerk to the bi(hop of the diocefe 
to be inftituted. A layman alfo may be prefented ; but 
he muft take prieft’s orders before his admilfion. As to 
advowfons, or the right of prefentation, which are a fpecies 
of private property, fee the article Advovvson, vol. i. 
But, when a clerk is prefented, the bithop may refufe 
him upon many accounts. As, if the patron is excommu¬ 
nicated, and remains in contempt forty days. 2 liol. 
Abr. 355. Or if the clerk be unfit: Glanvil, 1 . 13. c. 20. 
Firft, with regard to his perfon ; as if he be a baftard ; 
(though that incapacity feems now exploded, fee Bas¬ 
tard ;) an outlaw, an excommunicate, an alien, under 
age, or the like. 2 Ilol. Abr. 356. 2 Injl. 632. Stats. 3 
Itic. II. c. 3. 7 Ric. II. c. 12. Next, with regard to his faith 
or morals ; as for any particular herefy, or vice that 
is malum inje. Or, laftly, the clerk may be unfit to dif- 
charge the paftoral office, for want of learning. In any 
of which cafes the biftiop may refufe the clerk. 
If an aftion at law be brought by the patron againft the 
biftiop for refufing his clerk, the bifhop muft affign the 
caufe. If the caufe be of a temporal nature, and the faft 
admitted, (as, for inftance, outlawry,) the judges of 
the king’s courts muft determine its validity, or whether 
it be a fufficient caufe of refufal: but, if the faft be de¬ 
nied, it muft be determined by a jury. If the caufe be of 
a fpiritual nature, (as herefy, particularly alleged,) the 
faft, if denied, (hall alfo be determined by a jury : and, 
if the faft be admitted or found, the court, upon con- 
fultation and advice of learned divines, (hall decide its 
fufficiency. If the caufe be want of learning, the biftiop 
need notfpecify in what points the clerk is deficient, but 
only allege that he is deficient; for the ftatute 9 Edv. r . II. 
ft. 1. c. 13. is exprefs, that the examination of the fitnefs 
of a perfon prefented to a benefice belongs to the eccle¬ 
fiaftical judge. But, if the biftiop return the clerk to be 
minus fnjjiciens in literatura, the court (hall write to the 
metropolitan to re-examine him, and certify his quali¬ 
fications; which certificate of the archbiftiop is final. 
If the bilhop hath no objeftions, but admits the pa¬ 
tron’s prefentation, the clerk fo admitted is next to be 
inftituted by him; which is a kind of inveftiture of the 
fpiritual part of the benefice ; for by inftitution, the care 
of the fouls of the parifti is committed to the charge of 
the clerk. When a vicar is inftituted, he (befides the 
ufual forms) takes, if required by the biftiop, an oath of 
perpetual refidence; for the maxim of law is, that 
vicarius non habet vicarium: and, as the lion-refidence of 
the appropriators was the caufe of the perpetual efta- 
blifliment of vicarages, the law judges it very improper 
for them to defeat the end of their conftitution, and by 
abfence to create the very mifchief which they were ap¬ 
pointed to remedy ; efpecially as, if any profits are to 
arife from putting in a curate and living at a diftance 
from the parifti, the appropriator, who is the real parfon, 
has undoubtedly the elder title to them. 
When the ordinary is alfo the patron, and confers the 
living, the prefentation and inftitution are one and the 
fame aft, and are called a collation to a benefice. By in¬ 
ftitution or collation the church is full, fo that there can 
be no frefli prefentation till another vacancy, at lead in 
the 
