intended a greater privilege to the chaplains of the inferior Bishops were not punishable by the statute of the 21 H. 8. for Residence non-residence upon their bishoprics [unless they were also arch- of bishops. deacons, deans, or other inferior dignitaries not excepted by that [313] statute by commendam; in which case they were, as such, punishable by that statute for non-residence (7)]: but although an archbishop or bishop be not tied to be resident upon his bishopric by the statutes; yet they are thereto obliged by the ecclesiastical law, and may be compelled to keep residence by ecclesiastical censures. Wats. c. 37. [Com. Dig. tit. Esglise, (N 4.)] This, by a constitution of archbishop Langton: Bishops shall be careful to reside in their cathedrals, on some of the greater feasts, and at least in some part of Lent, as they shall see to be [314] expedient for the welfare of their souls. Lind. 130. [See tit. Bishops, III.] And by a constitution of Otho: What is incumbent upon the venerable fathers the archbishops and bishops by their office to be done, their name of dignity, which is that of bishop (episcopus) or superintendant, evidently expresseth. For it properly concerns them (according to the gospel expression) to watch over their flock by night. And since they ought to be a pattern by which they who are subject to them ought to reform themselves, which cannot be done unless they show them an example: we exhort them in the Lord, and admonish them, that residing at their cathedral churches, they celebrate proper masses on the principal feast days, and in Lent, and in Advent. And they shall go about their dioceses at proper seasons, correcting and reforming the churches, consecrating, and sowing the word of life in the Lord's field. For the better performance of all which, they shall twice in the year, to wit, in Advent and in Lent, cause (7) Gibs. 886. The stat. 57 G. 3. c. 99. imposes no new obligation of residence on them as bishops; and by $ 22. excuses them from the penalties of non-residence on any benefices held in commendam, on their appointing a resident curate under that act. Of deans. [315] Of preben daries and canons. to be read unto them the profession which they made at their consecration. Athon. 55. And by a constitution of Othobon: Although bishops know themselves bound as well by divine as ecclesiastical precepts to personal residence with the flock of God committed to them; yet because there are some who do not seem to attend hereunto, therefore we, pursuing the monition of Otho the legate, do earnestly exhort them in the Lord, and admonish them in virtue of their holy obedience, and under attestation of the divine judgments, that out of care to their flock, and for the solace of the churches espoused to them, they be duly present, especially on solemn days in Lent and in Advent; unless their absence on such days shall be required for just cause by their superiors. Athon. 118. 7. Can. 42. Every dean, master, or warden, or chief governor of any cathedral or collegiate church, shall be resident in the same fourscore and ten days conjunctim or divisim in every year at the least, and then shall continue there in preaching the word of God, and keeping good hospitality; except he shall be otherwise let with weighty and urgent causes to be approved by the bishop of the diocese, or in any other lawful sort dispensed with. To be approved by the bishop] By the antient canon law, personal attendance on the bishop, or study in the university, was a just cause of non-residence; and as such, notwithstanding the non-residence, intitled them to all profits, except quotidians. Gibs. 172. 8. Can. 44. No prebendaries nor canons in cathedral or collegiate churches having one or more benefices with cure (and not being residentiaries in the same cathedral or collegiate churches), shall, under colour of their said prebends, absent themselves from their benefices with cure above the space of one month in the year, unless it be for some urgent cause, and certain time to be allowed by the bishop of the diocese. And such of the said canons and prebendaries, as by the ordinances of the cathedral or collegiate churches do stand bound to be resident in the same, shall so among themselves sort and proportion the times of the year, concerning residence to be kept in the said churches, as that some of them always shall be personally resident there; and all those who be, or shall be residentiaries in any cathedral or collegiate church, shall, after the days of their residency appointed by their local statutes or custom expired, presently repair to their benefices, or some one of them, or to some other charge where the law requireth their presence, there to discharge their duties according to the laws in that case provided. And the bishop of the diocese shall see the same to be duly performed and put in execution. So that besides the general laws directing the residence of other clergymen, these dignitaries have another law peculiar to themselves, namely, the local statutes of their respective foundations, the validity of which local statutes this canon supposeth and affirmeth. And with respect to the new foundations in particular, the act of parliament of the 6 An. c. 21. enacteth, that their local statutes shall be in force, so far as they are not contrary to the constitution of the church of England, or the laws of the land. This canon is undoubtedly a part of the constitution of the church: So that if the canon interfereth in any respect with the said local statutes, the canon is to be preferred, and the local statutes to be in force only so far forth as they are modified and regulated by the canon. and vicars. 9. There doth not appear to be any difference, either by the Of rectors ecclesiastical or temporal laws of this kingdom, between the case of a rector and of a vicar concerning residence; except only that the vicar [was before 57 G. 3. c. 99. § 34.] sworn to reside (with a proviso, unless he shall be otherwise dispensed withal by his diocesan), and the rector is not sworn. And the reason of this difference was this: In the council of Lateran held under Alexander the third, and in another Lateran council held under Innocent the third, there were very strict canons made against pluralities; by the first of these councils pluralities are restrained, and every person admitted ad ecclesiam, vel ecclesiasticum ministerium, is bound to re- [316] side there, and personally serve the cure; by the second of these councils, if any person, having one benefice with cure of souls, accepts of a second, his first is declared void ipso jure. These canons were received in England, and are still part of our ecclesiastical law. At the first appearance of these canons, there was no doubt made but they obliged all rectors; for they, according to the language of the law, had churches in title, and had beneficium ecclesiasticum: and of such the canons spoke. But vicars did not then look upon themselves to be bound by these canons, for they, as the gloss upon the decretals speaks, had not ecclesiam quoad titulum and the text of the law describes them not as having benefices, but as bound personis et ecclesiis deservire, that is, as assistant to the rector in his church. Upon this notion a practice was founded, and prevailed in England, which eluded the canons made against pluralities. A man beneficed in one church could not accept another without avoiding the first; but a man possessed of a benefice could accept a vicarage under the rector in another church, for that was no benefice in law, and therefore not within the letter of the canon, which forbids any man holding two benefices. The way then of taking a second living in fraud of the canon was this: A friend was presented, who took the institution, and had the church quoad titulum; as soon as he was possessed, he constituted the person vicar for whose benefit he took the living, and by consent of the diocesan allotted the whole profit of the living for the vicar's portion, except a small matter reserved to himself. This vicar went and resided upon his first living, for the canon reached him where he had the benefice; but having no benefice where he had only a vicarage, he thought himself secure against the said canons requiring residence. This piece of management gave occasion to several papal decrees, and to the following constitution of archbishop Langton; viz. No ordinary shall admit any one to a vicarage, who will not personally officiate there. Lind. 64. And to another constitution of the same archbishop, by which it is injoined, that vicars who will be non-resident shall be deprived. Lind. 131. But the abuse still continued, and therefore Otho, in his lega[317] tine constitutions, applied a stronger remedy, ordaining, that none shall be admitted to a vicarage, but who renouncing all other benefices (if he hath any) with cure of souls, shall swear that he will make residence there, and shall constantly so reside; otherwise his institution shall be null, and the vicarage shall be given to another. Athon. 24. And it is upon the authority of this constitution that the oath of residence is administered to vicars to this day. And this obligation of vicars to residence was further inforced by a constitution of Othobon, as followeth; If any shall detain a vicarage contrary to the aforesaid constitution of Otho, he shall not appropriate to himself the profits thereof, but shall restore the same; one moiety whereof shall be applied to the use of that church, and the other moiety shall be distributed half to the poor of the parish and half to the archdeacon. And the archdeacon shall make diligent enquiry every year, and cause this constitution to be strictly observed. And if he shall find that any one detaineth a vicarage contrary to the premises, he shall forthwith notify to the ordinary that such vicarage is vacant, who shall do what to him belongeth in the premises; and if the ordinary shall delay to institute another into such vicarage, he shall be suspended from collation, institution, or presentation to any benefices until he shall comply. And if any one shall strive to detain a vicarage contrary to the premises, and persist in his obstinacy for a month; he shall, besides the penalties aforesaid, be ipso facto deprived of his other benefices (if he have any); and shall be disabled for ever to hold such vicarage which he hath so vexatiously detained, and from obtaining any other benefice for three years. And if the archdeacon shall be remiss in the premises, he shall be deprived of the share of the aforesaid penalty assigned to him, and be suspend ed from the entrance of the church, until he shall perform his duty. Athon. 95. So that upon the whole, the doubt was not, whether rectors were obliged to residence; the only question was whether vicars were also obliged: and to inforce the residence of vicars in like manner as of rectors, the aforesaid constitutions were ordained. Sherl. ibid. page 20, 21, 22. [By the 57 Geo. 3. c. 99. § 34. No oath shall be required of or taken by any vicar in relation to residence on his vicarage. By $81. the parsonage that has a vicar endowed, or a perpetual curate, and without cure of souls, shall be deemed a benefice within this act. But the word "benefice" in the act means "benefice with cure," and comprehends therein all donatives, perpetual curacies, and parochial chapelries. § 72.] 10. Can. 47. Every beneficed man licensed by the laws of of curates. this realm, upon urgent occasions of other service, not to reside upon his benefice, shall cause his cure to be supplied by a curate that is a sufficient and licensed preacher, if the worth of the benefice will bear it. But whosoever hath two benefices, shall maintain a preacher licensed in the benefice where he doth not reside, except he preach himself at both of them usually. And by the last article of archbishop Wake's directions (which [318] are inserted at large under the title Ordination), it is required, that the bishop shall take care, as much as possible, that whosoever is admitted to serve any cure, do reside in the parish where he is to serve; especially in livings that are able to support a resident cure: and where that cannot be done, that they do at least reside so near to the place, that they may conveniently perform all their duties both in the church and parish. ists. 11. By the faculty of dispensation, a pluralist is required, in Of pluralthat benefice from which he shall happen to be most absent, to preach thirteen sermons every year; and to exercise hospitality for two months yearly, and for that time, according to the fruits and profits thereof, as much as in him lieth, to support and relieve the inhabitants of that parish, especially the poor and needy. 12. By the 1 W. c. 26. If any person presented or nomi- of persons nated by either of the universities to a popish benefice with presented cure, shall be absent from the same above the space of sixty by the unidays in any one year; in such case, the said benefice shall become void. § 6. versities to popish liv ings. |
