mi 
p A R 
the cafe of a common patron ; but the church is not full 
againft the king till induction : nay, even if a clerk is 
inftituted upon the king’s prefentation, the crown may 
revoke it before induction, and prefent another clerk. 
Upon inftitution alfo the clerk may enter on the par- 
fonage houfe and glebe, and take the tithes: but he 
cannot grant or let them, or bring an adlion for them, 
till induction. 
Induction is performed hy a mandate from the bifliop 
to the archdeacon, who ufualiy ifi'ues out a precept to 
other clergymen to perform it for him. It is done by 
giving the clerk corporal pofleflion of the church, as by 
holding the ring of the door, tolling a bell, or the like ; 
and is a form required by law, with intent to give all the 
parifhioners due notice, and fufficient certainty of their 
new minifter, to whom their tithes are to be paid. See 
further under Induction, vol. xi. And when a clerk 
isHhus prefented, inftituted, and indufted into a redtory, 
he is then, and not before, in full and complete polfef- 
fion. Co. Lit. 300. 
For the rights of a parfon or vicar, in his tithes and 
ecclefiaftical dpes, fee Tithes. As to his duties, they 
are fo numerous, that it is impracticable to recite them 
here with any tolerable precifenefs or accuracy ; but the 
reader who has occalion may confult Bifliop Gibfon’s 
Codex, Johnfon’s Clergyman’s Vade Mecum, and Burn’s 
Ecclefiaftical Law. We ftiall therefore only juft mention 
the article of refidence, upon the fuppofition of which 
the law doth ftyle every parochial minifter an incumbent. 
By flat. 21 Hen. VIII. c. 13. parfons willingly ablenting 
themfelves from their benefices, for one month together, 
or two months in the year, incur a penalty of 5I. to the 
king, and 5I. to any perfon that will fue for the fame ; 
except chaplains to the king, or others therein mentioned, 
during their attendance in the houfehold of fuch as re¬ 
tain them ; and alfo except all heads of lioufes, magis¬ 
trates, and profeflors in the univerfities, and all ftudents 
under forty years of age refiding there, bona fide, for 
ftudy. Legal refidence is not only in the parifti, but alfo 
in the parfonage-houfe; for it hath been refolved, that 
the ftatute intended refidence, not only for ferving the 
cure and for hofpitality, but alfo for maintaining the 
houfe, that the fuccefior alfo may keep hofpitality there. 
For the more effedfual promotion of this important 
duty of refidence, a provifion is made, by ftats. 17 Geo, 
III. c. 53. 21 Geo. III. c. 66. for railing money upon 
ecclefiaftical benefices, and to be expended in rebuilding, 
or repairing, the houfes belonging to fuch benefices. By 
4.3 Geo. III. c. 107. the governors of queer. Anne’s 
bounty are empowered to build parfonage-houfes on 
livings augmented by that fund ; and by 43 Geo. III. c. 
jo8. perfons, poflefled in their own right, may by deed 
enrolled, or by will executed, three months before their 
cleceafe, give lands not exceeding five acres, or perfonal 
property not exceeding 500I. for building parfonages 
(or churches), &c. Various adls have been palled for 
the effedfuatingof the like beneficent purpofes in Ireland ; 
viz. 43 Geo. III. c. 106. 46 Geo. III. c. 60. 48 Geo. III. 
c. 6*5. 
Although there is but one way whereby one may be¬ 
come a parfon or vicar; there are many circumltances, 
befides death, by which one may ceafe to be fo. As, 1. 
By cejfion, in taking another benefice. For, by ftat. 21 
Hen. VIII. c. 13. if any one, having a benefice of 81 . per 
ann. or upwards, (according to the prefent valuation in 
the king’s books, Cro. Car. 456.) accepts any other, the 
fir ft (hall be adjudged void, unlefs he obtains a difpen- 
fation ; which no one is entitled to have but the chap¬ 
lains of the king and others therein mentioned ; the 
brethren and fons of lords and knights, (but not of ba¬ 
ronets, as that dignity did not exift at the time of the 
ftat. 21 Hen. VIII.) and dodfors and bachelors of divi¬ 
nity and law, admitted by the univerfities of this realm. 
2. By eonfecration ; for, when a clerk is promoted to a 
bilhopric, all his other preferments are void the inftant 
S O N. 
that he is confecrated. But there is a method, by the 
favour of the crown, of holding fuch livings in commert- 
dam. Commeuda, or ecclefia commendata, is a living com¬ 
mended, or recommended, by the crown to the care of a 
clerk, to hold till a proper pallor is provided for it. This 
may be temporary, for one, two, or three, years ; or per¬ 
petual ; being a kind of difpenfation to avoid the vacancy 
of the living, and is called a commeuda retinere. There 
is alfo a commeuda recipere, which is to take a benefice de 
novo, in the bifliop’s own gift, or the gift of feme other 
patron confenting to the fame; and this is the fame to 
him as inftitution and indudtion are to another clerk. 
3. By rcjignation. But this is of no avail, till accepted 
by the ordinary ; into vvhofe hands the refignation muft 
be made, 
4. By deprivation ; either, firft, by fentence declaratory 
in the ecclefiaftical courts, for fit and fufficient caufes 
allowed by the common law ; or convidlion of other in¬ 
famous crime in the king’s courts; for herefy, grofs 
immorality, and the like ; or fecondly, in purfuance of 
divers penal ftatutes, which declare the benefice void, 
for fome nomfeafance or neglect, or elfe foine mal-j'eafance 
or crime. As, for fimony ; by ftats. 31 Eliz. c. 6. is 
Ann. ft. 2. c. 12. for maintaining any dodtrine in dero¬ 
gation of the king’s fupremacy, or of the thirty-nine 
articles, or of the Book of Common Prayer; by ftats. 1 
Eliz. c. 1, 2. 13 Eliz. c. 12. for negledting, after infti¬ 
tution, to read the Liturgy and Articles in the church, 
or make the declarations again!! popery, or take the ab¬ 
juration-oath ; 13 Eliz. c. 12. for ufing any other form 
of prayer than the Liturgy of the Church of England ; 
1 Eliz. c. 2. in all which and fimilar cafes the benefice is 
ipfo faCio void, without any formal fentence of depriva¬ 
tion. 6 Rep. 29, 30. 1 Comm. c. 11. 
Though the parfon is the chief perfon in a parilh, yet 
the church-wardens have great power alfo : they are 
called ecclefi.ce guardiani, guardians or keepers of the 
church. See vol. iv. 576-80. And, as the politics 
of the church-wardens and of the minifter are often 
very much at variance, difputes frequently arife between 
them as to their refpedlive rights and privileges in and 
about the church. The two following cafes happened, 
both of them, during the laft year, 1820; and both, we 
believe, arofe out of a difference of opinion relating to 
her majefty the queen. 
1. One of the church-wardens, and the ringers, of 
Charlton Mackrel, Somerfet, having denied the right of 
the redtor (the Rev. Mr. Sharpe) to control the ringing 
of the church-bells, the latter confulted Dr. Luftiington 
on the fubjedl, and the following is the fubftance of the 
dodtor’s opinion on the queftions put to him by the redfor; 
“That the confent of the minifter (whether incumbent 
or curate) is neceflary to authorize the ringing of bells 
in the church ; the confent of the minifter and one church¬ 
warden would be fufficient; but the confent of the mi¬ 
nifter againft both church-wardens would not juftify the 
ringing; and that no perfon has a right without the con¬ 
fent of the minifter to place flags, garlands, or any thing 
elfe, either in or upon the church, or in the church-yard. 
2. A caufe of great importance was brought on before 
the fpiritual court at Blandford, in December 1820, 
The redtor of Wyke Regis and Weymouth, in the county 
of Dorfet, was one day informed by his clerk, that Mr. 
Friend, the church-warden, had taken the key of the 
church from him, declaring that the redtor had no right 
to the poffeflion of it; that, as church-warden, it ought 
to be in his cuftody, and that, whenever the redtor had 
any occafion for it, he might have it; but that he Ihould 
firft acquaint him with the particular purpole for which 
it was wanted, and with the nature of the duty to be per¬ 
formed. In fuch a cafe he would grant the key. The 
redtor clearly faw, that, as the key had always been left 
with the clerk for the accommodation of both parties, this 
claim was fet up merely to infult him ; and he imme¬ 
diately ordered his prodtor to cite Friend before the fpi¬ 
ritual 
