Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/407

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Ch. 11.
of Persons.
391

were appointed to remedy: eſpecially as, if any profits are to ariſe from putting in a curate and living at a diſtance from the pariſh, the appropriator, who is the real parſon, has undoubtedly the elder title to them. When the ordinary is alſo the patron, and confers the living, the preſentation and inſtitution are one and the ſame act, and are called a collation to a benefice. By inſtitution or collation the church is full, ſo that there can be no freſh preſentation till another vacancy, at leaſt in the caſe of a common patron; but the church is not full againſt the king, till induction: nay, even if a clerk is inſtituted upon the king's preſentation, the crown may revoke it before induction, and preſent another clerk[1]. Upon inſtitution alſo the clerk may enter on the parſonage houſe and glebe, and take the tithes; but he cannot grant or let them, or bring an action for them, till induction.

Induction is performed by a mandate from the biſhop to the arch-deacon, who uſually iſſues out a precept to other clergymen to perform it for him. It is done by giving the clerk corporal poſſeſſion 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 pariſhioners due notice, and ſufficient certainty of their new miniſter, to whom their tithes are to be paid. This therefore is the inveſtiture of the temporal part of the benefice, as inſtitution is of the ſpiritual. And when a clerk is thus preſented, inſtituted, and inducted into a rectory, he is then, and not before, in full and complete poſſeſſion, and is called in law perſona imperſonata, or parſon imparſonee[2].

The rights of a parſon or vicar, in his tithes and eccleſiaſtical dues, fall more properly under the ſecond book of theſe commentaries: and as to his duties, they are principally of eccleſiaſtical cognizance; thoſe only excepted which are laid upon him by ſtatute. And thoſe are indeed ſo numerous, that it is impracticable to recite them here with any tolerable conciſeneſs or accuracy. Some of them we may remark, as they ariſe in the progreſs of

  1. Co. Litt. 344.
  2. Ibid. 300.
our