and fo it became Part of the Law of the Land. Notwithftanding which, there are feveral Inftances of Prefcriptions which have fince been infifted on and allowed, and which can only be juftified by fuppofing them to have commenced when the Laity enjoyed the ancient Latitude above-mentioned of diftributing their Tithes at Pleasure, of which more hereafter.

Parish defined, I.

Of Incumbents.

Incumbent who.

CHA P. II.

Of Incumbents, Inftitution, &c. and Lapfe.

F

ROM what has been faid, a Parish, collectively taken, may be defined to be a Body of People living within a certain District, to which belongs a Parish Church, with a Right of Burial, and of having the Holy Sacraments duly adminiftred there, with a Right of Tithes, and other Church Dues, and of making Parish Rates, and choofing their own Parish Officers, &c. which Officers, with the Incumbent, by Order of the Veftry, have the Direction and Management of all the Parish Affairs and Business.

2. Of all which Officers we fhall treat in their Order, and shall begin with those whofe Attendance is more immediately required in or about the Church; among which, the chief is the Incumbent or Miniiter, whether he be Rector, Vicar, or Curate.

3. An Incumbent is properly a Clerk who is resident on his Benefice, and is fo called, because he doth or ought to bend all his Study to the Discharge of the Cure of the Church to which he belongs, and may be confidered under a threefold Denomination. 1. Rector. 2. Vicar. 3. Curate. To which may be added, in fome Parishes especially in and about London, Lecturers and Readers; of all which in their Order.

4. Note; By Statute 14 Car. 2. c. 4. neither Layman nor Deacon is capable of being admitted into any Parfonage, Vicarage, Benefice, or other Ecclefiaftical Promotion or Dignity whatsoever, but muft obtain the Orders of a Prieft to qualify him for the fame. And this Law holds in the Cafe of Donatives, and his Ordination must be Epifcopal. But the fame Proof fhall be allowed to prove Orders, as to prove a Marriage, viz. conftant Reputation, &c. and if he were Laicus, the Admiffion, Inftitution, and Induction, were not void, but voidable; and the Plenarty remains until Deprivation. Comb. 202. Dr. Harfcot's Cafe, 5 W. & M. in B. R.

5: The most ufual Way of taking a Title to a Church is by the Prefentation of the Patron, that is, his Nomination of his Clerk to the Bishop or Ordinary for the Time, to be by him admitted and instituted into the Church or Benefice that is void. When the Gift of the Living is in the Ordinary, he is faid to collate, and then there is no Presentation.

Presentations,

6. A Presentation to the Archbishop of Canterbury. 7. To the Moft Reverend Lord and Father in Chrift, the The Forms. Lord A. by the Divine Permiffion Archbishop of Canterbury, Primate and Metropolitan of "all England, or in his Abfence to bis Vicar General in Spiritual Things; or to any other Perfon, having fufficient Authority in this Part, &c. as in the next Section; if it be to the Archbishop of York, the Word all must be omitted; if to any other Bifhop, it runs thus.

8. To the Reverend Lord and Father in Chrift, the Lord B. by the Divine Permiffion Bishop of L. or in his Abfence to his Vicar General in Spiritual Things, or to any other Perfon having fufficient Authority in this Part,* Sir H. J. Baronet, the true * Or on this and undoubted Patron of the Rectory of the Parish Church of Behalf. Lat, in hac parte. D. Health everlasting in the Lord. To the Parish Church of D. aforefaid, of your Diocefe, now vacant by the natural Death † † Or Refignaof P. T. the laft Incumbent there, and belonging to my Prefenta- tion, &c. as the Cafe may be. tion by full Right, I do prefent to your Fatherhood, my beloved + Or Paternity. in Chrift A. B. Profeffor of Divinity, humbly intreating you, Lat.Paternitas, that you will vouchsafe with Favour to admit the faid A. B. to the faid Church, and cause him to be inftituted and inducted into the Rectory of the faid Church, with all its Rights and Appurtenances, and to do and fulfil on this Behalf, all and fingular the other Things which shall appear to belong to your Epifcopal Office. In Witnefs whereof, &c.

made.

9. It is faid the Prefentation may be by Parol only, in How to be the Cafe of a private Perfon. In the Cafe of a Corporation aggregate they muft prefent under their Common Seal, and Signing and Sealing is commonly used in the other Cafe. And if the Patron be an Infant of never so tender Age, as a Year or a Month old, the Prefentation must be by himself, and not by his Guardian; for, the Guardian cannot account for it: And this was fo held by Lord King, Lord Chancellor, about the 5th of George II. And it seems that a Presentation to Benefices above the Value of ten Pounds in the King's Books is neceffary to be in Writing, fince the Statutes which have impofed Stamp-Duties of forty Shillings each on fuch Presentation

10. After the Clerk is examined, he is to fubfcribe the 39 Articles in the Prefence of the Ordinary, before he be admitted; and alfo fo much of a Declaration provided by Stat. 14 Car. 2. c. 4. as is not taken away by fubfequent Statutes; and is in thefe Words. I A. B. will conform to the Liturgy of

the

Admiffion.

Inftitutior.

the Church of England, as it is now by Law eftablished. And of this the Bishop is to make a Certificate.

11. Admiffion is nothing more than the Declaration of the Ordinary, that he approves of the Clerk as a fit Person to ferve the Cure of the Church, to which he is prefented. Co. Lit. 344.

12. Inftitution is that Act by which the Ordinary commits to the Clerk the Cure of the Church, to which he is prefented. Co. Lit. 344. And the Ordinary usually makes Letters Teftimonial of it afterwards, though they are not neceffary. Note; though the Bishop be not refident within his Diocefe, he may admit and inftitute notwithstanding; his Jurifdiction in this Respect accompanying his Perfon.

Induction.

Plenarty.

13. Next follows Induction, which is the putting the Clerk in Poffeffion of the Church, and by this A&t he is made a complete Incumbent. In this Cafe, the Ordinary makes a Mandate to him whofe Duty it is to induct, (which is ordinarily the Archdeacon) or he may direct it to such other Clergymen as he pleafes. And note, there is a great Variety of peculiar Jurifdictions for this Purpose, of which the Clerk is to inform himself where his Lot falls, or else his Induction may be avoided. The Archdeacon does not ufually induct in Perfon, but fends a Mandate to the Rectors, Vicars, &c. of the Archdeaconry.

14. By Admiffion and Inftitution without Induction, the Church is full against all Perfons but the King, having the Right of presenting fully in him; and the Clerk is enabled and obliged to attend the Cure of Souls there; and he may enter into the Glebe, and take the Tithes before Induction, Co. Lit. 344. against any Stranger, and yet he is not feised of the Temporalties fo as to be able to grant or fue for them.

Further Qualifications, &c.

15. Within two Months after he shall be in actual Poffeffion of the Benefice, he fhall in that Church, Chapel, or Place of publick Worship belonging to the Benefice, (without fome lawful impediment, to be allowed and approved by the Ordinary, hinder) and within one Month after fuch Impediment removed, upon fome Lord's Day, openly, publickly, and folemnly read the Morning and Evening Prayers, appointed to be read, by and according to the Book of Common Prayer, at the Times thereby appointed; and after fuch Reading shall openly and publickly, before the Congregation there affembled, declare his unfeigned Affent and Confent unto all Things therein contained and prefcribed, according to this Form of Words, and no other: I A. B. do, &c. See Stat. 13 & 14 Car. 2. c. 4. it is printed and bound with all the Folio Common Prayer Books. And fee, for a Certificate and Declaration which he is alfo to read within three Months, Stat. 14 Car. c. 4. and above, §. 10.

2.

3

Cro. 252.

16. He is alfo, within two Months after Induction, pub- Stat. 13 Eliz. lickly to read the 39 Articles of Religion in the Church C. 21. where he has Cure, in the Time of Common Prayer there, with Declaration of his unfeigned Affent thereto, on Pain of Deprivation ipfo facto. Note; thefe two Months have but Lev. 101. 28 Days to the Month, being conftrued according to Common Law. And this Declaration of unfeigned Affent must be abfolute; for if he adds any hypothetical, reftrictive or qualifying Words, his Declaration is infufficient in Law. Read- i Keb. 502. ing the 39 Articles in the Church Porch is fufficient, Divine Service being read there alfo, the Key of the Church being withheld from him. It is the safest Way to read the Articles, To read the Declaration, &c. after Prayers are begun, and before they Articles. be ended.

17. It is a prudent Caution for the Clerk to have some intelligent Perfons whom he can rely on, present when he is inducted, and who understand the Greek Language, because of the Words (Ppanua σapxos) in one of the 39 Articles; and if he can conveniently, the fame Persons present when he performs the other Matters required by Law to be performed in his Parish Church, and that they obferve as he reads the Prayers, &c. and he may give them Copies of the Bishop's Certificate, and of the Declaration which he is to read; and provide for them a Book, containing the 39 Articles; that they may obferve, and then that they fet their Hands to the Book of Articles, and that he did read a true Copy. ———— I fhall not enlarge the Caution to Clergymen, because it is held, that if a Person will aver, that a Clergyman did not read, &c. the Negative in this Cafe must be proved, because the Penalty for the Omiffion is fo great, viz. his Lofs of the Living. And yet it is not amifs that the Clerk have it in his Power to prove the Affirmative. Nimia Cautela non

Nocet.

18. Every Perfon promoted to any Ecclefiaftical Office, Benefice, &c. before he fhall take upon him to receive, use, exercife, fupply, or occupy any fuch Promotion, &c. fhall make, take, and receive the Oath (appointed by Stat. 1 W. & Take the M. §. 1. c. 8.) to be taken inftead of the Oaths of Supremacy Oaths. and Allegiance, before fuch Perfons as have Authority to admit fuch Perfon to fuch Office, &c. or elfe before fuch Perfon or Perfons as by Commiffion under the Great Seal of England fhall be appointed to adminifter fuch Oaths. And if any fuch Perfon fo promoted, peremptorily and obftinately refuses to take the fame Oaths fo to him to be offered, he fhall prefently be adjudged difabled in the Law to receive, take, or have the fame Promotion, &c. to all Intents, Constructions, and Purposes. Note; The new Oaths are appointed to be taken by fuch Perfons, in fuch Manner, at fuch Times, be

fore

Incapacity, &c.

fore fuch Perfons, in fuch Courts or Places, as the abrogated Oaths ought to have been taken; and under the fame Penalties, Forfeitures and Difabilities, for Neglect or Refufal. But see the following Directions by the Statutes of King George I. and King George II.

19. The new Oaths are these. I A. B. do fincerely promise and fear, that I will be faithful, and bear true Allegiance to his Majesty King George II. So help me God.

20. I A. B. do fwear, that I do from my Heart abhor, deteft and abjure, as impious and heretical, that damnable Doctrine and Pofition, that Princes excommunicated or deprived by the Pope, or any Authority of the See of Rome, may be depofed or murdered by their Subjects, or any other whomsoever. And I do declare, that no foreign Prince, Perfon, Prelate, State or Potentate, bath or ought to have any Jurifdiction, Power, Superiority, Pre-eminence, or Authority, Ecclefiaftical, or Spiritual within this Realm. So help me God.

21. By Stat. 1 Geo. 1. Seff. 2. c. 13. he is also to take and fubfcribe the above Oath and the Abjuration Oath, which being of confiderable Length, we fhall not fwell this Work with it; the rather because the Officers have it ready at Hand in all the proper Courts. And by Stat. 2 Geo. 2. c. 31. this is to be done in one of the four great Courts at Westminfter, at any Time before the End of the next Term after he fhall be admitted into or enter upon fuch Benefice, &c. or fhall take and fubfcribe the faid Oaths as aforefaid, at any Time before the End of the next Quarter-Seffions, of the County, City or Place, where fuch Perfon fhall be or refide after he shall be admitted into, or enter upon any fuch Benefice, &c. Perfons beyond the Seas are to perform this within four Months after their Arrival in England.

22. Persons who neglect or refuse to take and fubfcribe the Oaths, as by the Statutes in the 20th Section, shall be ipso facto judged incapable and difabled in Law to all Intents and Purposes whatsoever, to have, occupy or enjoy fuch Office, &c. or any Profits appertaining thereto, and fuch Office, &c. fhall be void. And if fuch Perfon be convicted of exercising fuch Office, &c. after fuch Neglect or Refufal, upon any Information, Presentment or Indictment, in any of the King's Courts at Westminster, or at the Affizes, he fhall be difabled from thenceforth to fue or ufe any Action, Bill, Plaint, or Information in any Court of Law, or to profecute any Suit in any Court of Equity, or to be Guardian of any Child, or Execu tor, or Adminiftrator of any Perfon, or capable of any Legacy, or Deed of Gift, or to be in any Office in Great Britain, or to vote at any Election for Members of Parliament, and fhall forfeit Five hundred Pounds, to be recovered by any Action, &c. at Westminster.

23. The