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Sinecure

rector may release part of rectorial glebe, &c.,

remainder in

successors, and executors and administrators respectively of any such impropriator, patron, or sinecure rector and incumbent, tenant or tenants, if any death or changes shall thereafter occur in any such patronage or incumbency, as fully and effectually to all intents and purposes as if the consent had been given and transfer made by the impropriator, patron, or sinecure rector and incumbent, tenant or tenants for the time being, when the arrangement and division shall be finally completed: Provided always, that no incumbent shall in any such case become liable to the maintenance or upholding or repair of more than one house of residence in any such parish or place; and when in any such parish or place there shall be more than one house belonging to the church or chapels thereof, the bishop of the diocese shall decide, order and declare which shall thereafter be deemed the house of residence, and be upheld and maintained and repaired as such; and the order of the bishop in relation thereto shall be registered in the registry of the diocese, and a duplicate copy of such order deposited and be kept in the chest of the church or chapel of such parish or place."

Sect. 14. "In case the said commissioners shall think proper to convert into a rectory or rectories the vicarage of any parish or place, or separate division of a parish or place which shall be divided, or in which a new church shall be erected by virtue of and retain the the provisions contained in the said recited acts or this act, and fee simple, for the possessor or possessors of the sinecure rectory of such parish the purpose of or place for two or more lives, by virtue of a lease granted converting thereof by a rector with the consent of the patron and ordinary, any vicarage into a rectory shall be desirous of retaining any manor or other hereditaments, by the com- being the glebe or part of the glebe of the said rectory, and missioners. shall be willing to surrender and release all his, her, or their estate and interest in the tithes, and the residue (if any) of the glebe of the said rectory, on condition that such manor and other hereditaments shall be vested in him, her, or them in fee simple, then and in every such case it shall be lawful for the said commissioners, and they are hereby authorized and empowered, if they shall think proper, with the consent of the patron of the said rectory being entitled thereto in fee simple, and the incumbent thereof, by any instrument under the seal of the said commissioners, and sealed and delivered by the said patron and incumbent (if any) upon the execution by such possessor or possessors of the said rectory, together with the patron and incumbent (if any) thereof, and of the said commissioners, of such instruments as are herein before mentioned or referred to, for surrendering, releasing, and vesting all the rectorial tithes and glebe (except the manor and other hereditaments to be retained as aforesaid), to release and convey the said manor and other hereditaments to such possessor or possessors of such other person or persons as he, she, or they shall in that behalf direct, his, her, or their heirs and assigns for ever; and such instruments in writing shall be enrolled in the High Court of

Chancery, and upon the execution thereof the manor and other hereditaments comprised therein, with their appurtenances, and the fee simple and inheritance thereof, shall be "absolutely vested in the person or persons to whom the same should be thereby released and conveyed, his, her, or their heirs and assigns for ever, but shall be subject to tithes in the same manner as if the same had never been part of the glebe of the said rectory."

SECT. 7.-Some miscellaneous Points.

By 1 & 2 Vict. c. 106, s. 35:

rectory house.

"In all cases of rectories having vicarages endowed or per- Vicar or perpetual curacies, the residence of the vicar or perpetual curate in petual curate the rectory house of such benefice shall be deemed a legal may reside in residence to all intents and purposes whatever: provided that the house belonging to the vicarage or perpetual curacy be kept in proper repair to the satisfaction of the bishop of the diocese." Sect. 61 abolished the old oath of residence formerly taken by the vicar.

parishes to be

By 31 & 32 Vict. c. 117, s. 2 :"The incumbent of the church of every parish or new parish Incumbents for ecclesiastical purposes, not being a rector, who is or shall be of certain authorized to publish banns of matrimony in such church, and vicars. to solemnize therein marriages, churchings and baptisms according to the laws and canons in force in this realm, and who is or shall be entitled to take, receive and hold for his own sole use and benefit the entire fees arising from the performance of such offices, without any reservation thereout, shall from and after the passing of this act, for the purpose of style and designation, but not for any other purpose, be deemed and styled the vicar of such church and parish or new parish, as the case may be, and his benefice shall for the same purpose be styled and designated a vicarage.'

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It has been holden by the Court of Queen's Bench and the Right of vicar Exchequer Chamber that, though the freehold of a parish church in chancel. may be in the lay rector, the right of possession of the chancel and of the body of the church is in the minister and churchwardens; and therefore a lay rector cannot maintain trespass against the vicar for breaking open a door leading from the churchyard into the chancel (1)

It sometimes happens that there have grown up two benefices, Medieties. each with separate incumbents, both rectors, in one church and

(1) Griffin v. Deighton, 5 B. & S. p. 93; 33 L. J., Q. B. p. 181. See

Perry v. Webb, Arches Court, 1876,
not reported.

parish. Such benefices are called medieties (m), each incumbent having as it were half the cure of souls. In some cases there are even more than two incumbents (n). Provision has been made for the gradual extinction of medieties, and for apportioning the duties (o).

(m) Vide infra, p. 267.

(n) Vide infra, Chap. XIV., sect. 2.

(0) Vide infra, p. 415. See also 2 & 3 Vict. c. 30, at p. 362, infra.

CHAPTER X.

CURATES, MINISTERS, DONEES.

SECT. 1.-Curates generally.

2.-Perpetual Curates.

3.-Ministers of Chapels of Ease.
4.-Ministers of Proprietary Chapels.
5.-Donees.

SECT. 1.-Curates generally.

Ir is to be remarked that the generic term curate appears in its Meaning of original sense to have comprehended all clerks who had cure of "curate.” souls, and it bears this signification in the rubrics of our Prayer Book, as in the rubric preceding the Administration of the Lord's Supper, where it is said, "So many as intend to be partakers of the Holy Communion shall signify their names to the Curate at least sometime the day before;" and in the prayer "for the Bishops and Curates." "Persona (a), (Lyndwood, using the word in the sense of Parson, says,) dicitur quandoque curator alicujus ecclesiæ parochialis."

Different

curates.

Curates in our Church are now of two kinds :1. Temporary or stipendiary curates, the spiritual assistants kinds of of a rector or vicar, by whom they are employed and paid. They may officiate in a parish church or chapel of ease in the parish of the rector or vicar. Their status is so much connected with the general subject of benefices that they will be considered in their relations to the ordinary and the rector or the vicar, in a chapter subsequent to that on the law appertaining to benefices. 2. Permanent or perpetual curates, the clerks who officiate in parishes or districts to which they are nominated by the impropriators, and licensed by the bishop (b).

Something has been already said on the rights of the lay impropriator where there is a perpetual curate (c). We will now consider a little more closely the status of this class of beneficed clerk.

(a) Lind. p. 117, note (e); Gloss on personatibus, citing Guido de Baiipho, Archidiaconus Bononiensis, who flourished A.D. 1300.

(b) Some ministers in districts created under the Church Building

Acts have a position analogous to
that of perpetual curates. Vide
supra, p. 216; infra, Part IX.,
Chaps. V., VI.

(c) Vide supra, p. 228.

Origin of perpetual curacies.

Land annexed

SECT. 2.-Perpetual Curates.

The origin of perpetual curacies in this country was thus:By the statute 4 Hen. 4, c. 12, already referred to, it is enacted, that in every church appropriated there shall " a secular person be ordained vicar perpetual, canonically institute and induct in the same, and covenably endowed by the discretion of the ordinary." But if the benefice was given ad mensam monachorum, and so not appropriated in the common form, but granted by way of union pleno jure; in that case it was served by a temporary curate belonging to their own house, and sent out as occasion required. The like liberty, of not appointing a perpetual vicar, was sometimes granted by dispensation, in benefices "not annexed to their tables," in consideration of the poverty of the house, or the nearness of the church. But when such appropriations, together with the charge of providing for the cure, were transferred (after the dissolution of the religious houses) from spiritual societies to single lay persons, who were not capable of serving them by themselves, and who by consequence were obliged to nominate some particular person to the ordinary for his licence to serve the cure; the curates by this means became so far perpetual, as not to be wholly at the pleasure of the appropriator, nor removable but by due revocation of the licence of the ordinary (e).

It has been settled, by a decision of the Court of Queen's to perpetual Bench, that land annexed to a perpetual curacy by the governors of Queen Anne's Bounty, under I Geo. 1, stat. 2, c. 10, ss. 421, cannot be leased by the curate, so as to bind the successor, if the patron only consent, and not the ordinary (ƒ).

curacy cannot
be leased by
curate, so
as to bind

successor,
without
consent of

ordinary and
patron.
Not within
old law of
pluralities.

A perpetual curacy is not an ecclesiastical benefice (g), but was under the old law tenable with any other benefice: So held in Weldon v. Green, 1772, adjudged by Sir George Hay in a suit by the patron against his clerk incumbent, who had accepted such a curacy after his institution and induction into the benefice; which this suit was intended to make void (h), as, by the ecclesiastical law, the acceptance of any ecclesiastical benefice, of ever so small value, without a dispensation, makes any former ecclesiastical benefice void (i).

Subject to A perpetual curate is liable like any other beneficed clerks dilapidations. for dilapidations (k).

(e) Gibs. p. 819; Duke of Portland v. Bingham, 1 Consist. p. 165.

(f) Doe d. Richardson v. Thomas, 9 A. & E. p. 556; 1 Per. & Dav. p. 578. See also Doe d. Bramall v. Collinge, 7 C. B. p. 939; 13 Jur. p. 791.

(g) See Jenkinson v. Thomas, 4 T. R. 665.

(h) Ex relatione Lord Stowell to Mr. Serjeant Hill.

(i) See Arthington v. Bp. of Chester, 1 H. Bl. pp. 425-431; Korne Demandant, 3 Taunt., p. 463.

(k) Mason v. Lambert (1848), 12 Q. B. p. 795; 12 Jur. p. 1045. See now the Ecclesiastical Dilapidations Act, 1871 (34 & 35 Vict. c. 43), § 3; and vide infra, Part V., Chap. V., sect. 2.

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