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Correspondence of Governor Sharpe, 1761-1771
Volume 14, Page 442   View pdf image (33K)
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442 Correspondence of Governor Sharpe.

one presented inducted or Appointed, and to him alone the
Power therefore Vestries sometimes assume of withholding, or
disposing of the 40 p poll otherwise than the Clause allows of
under Pretence that an Appointment is not a valid Act, is to
all Intents and purposes violent & illegal. For there is abso-
lute a plenarty declard under an Appointment, for the Time
being as under an Induction. Vestries by the Seventh Clause
of this Act in Case of a Lay Reader, and by the Act of 1715.
C. 24 in Case of a Lay Reader, and by the Act of 1715. C. 24
in Case of a vacancy, are directed To Receive a Part of or the
whole 40 p poll.
But even then after a Church is erected or repaired, it is
Ordered to be Laid out for the Benefit of Succeeding Ministers,
and for theirs only in purchasing Improving or Stocking a
Glebe, and hence Likewise appears the obligation of paying &
Collecting the 40 p poll whether there be a Plenarty or
Vacancy in the Parish.
Concerning the Words presented inducted, or appointed it
Is observable that they are different Specific Modes of Admit-
ting a Minister To officiate in a Parish, and to entitle him to
the Proffits thereof Presented and Inducted are two Acts
necessary to the Performance of one and the same Thing to
Wit, giving a Parson full Possession of this Living. A Patron
Presents, the Bishop or Ordinary institutes, and inducts.* If
the Bishop Be Patron he collates and inducts. Lord Balti-
more Presents and inducts, Presentation and Collation being
often in Law received as Synonimous terms. But after Pre-
sentation Institution or Collation, the Clerk is not Compleat
Incumbent till after Induction, or what the Canon Law Calls
Corporal Possession. For by this Power it is that he Becomes
seized of the Temporalties of the Church, so as to have power
to grant them, or sue for them, by this he is unexceptionably
intitled to plead that he is parson imparsoner and by this also
the Church is full not only against a Common Person (for so
it is by Institution) but also against the King and by Conse-
quence it is Compleatly full, and the Clerk is Compleat
Incumbent or Possessor on which Account it is that it is com-
pared in Law Books to Livery and Seizin, by which Possession
is given to temporal Estates, Gibs. 814
But the Word appointed coupled by the Disjunctive or, is
clearly of another or lesser Force. Less not in point of
Present Possession but of duration which I shall demonstrate
towards the Close of this Letter not only from its being used in
sense different from, and in no Case implying, Institution &
Induction, by all Writers upon the Ecclesiastical Law, but also

* That is, issues a mandate of induction

 

 

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Correspondence of Governor Sharpe, 1761-1771
Volume 14, Page 442   View pdf image (33K)   << PREVIOUS  NEXT >>


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