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Correspondence of Governor Sharpe, 1761-1771
Volume 14, Page 451   View pdf image (33K)
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Correspondence of Governor Sharpe. 451

6 months or a year Sometimes 'till another Person was in
Holy Orders. Sometimes to continue at the Pleasure of the
Ordinary, and sometimes for Life. If the Term Appointment
had the full force of Induction (the Consent of Vestries not
implying a Dispensation) an Appointment to one Parish would
render the Induction of the first null & void, which would
disappoint the very Meaning and Intention of the Clause.
But it shelters itself under adjudg'd Cases that a Minister
Appointed by and under a Licence of the ordinary admitted
to officiate in a Parish not being instituted and inducted, is
not what the Civilians call a Compleat Incumbent, and Con-
sequently not within the Statute of Pluralities. The Word
Incumbent is us'd to Signify a minister Sole Resident in a
Parish having present Possession of any Ecclesiastical Promo-
tion Curate's Place or Lecture.
A compleat Incumbent to signify one having plenary Pos-
session. A Curate or Reader is only removable, says Gibson,
by due Revocation of the Licence of the Ordinary, but an
Induction is not revocable (By an Appointment, The Church
is full against a Common Person ; By an Induction against
The Lord Proprietary. Such is the true Difference of Signifi-
cation Conformable to which has been the unvaried and
unquestion'd Practice In the Church in Maryland) It is
Clearly the third Clause of the Act of Assembly that an
Appointment gives as absolute a Title for the Time being as
an Induction to the profits of the Living And the difference
Consists not in point of Possession but of Duration. If
present, induct, or Appoint are Synonimous Terms then each
must have the force of either. Presentation then must imply
Induction. But Presentation is a more Imperfect Act than
Appointment. Presentation is the Act of a Patron Offering
his Clerk to the Ordinary. The Ordinary may or may not
induct. The Patron has his Remedy by a Writ of quare
impedit, but the Clerk is not entitled to the Profits of the Liv-
ing 'till the Suit is determin'd and he is admitted and Inducted
therein. This would be the Case if Lord Baltimore was to
make over his Right of advowson of any Particular Living to
another Person. The governor being both Patron & Ordinary
(unless Controll'd by the Proprietor) inducts only, there being
no Necessity of Presenting a Person to himself. A Presenta-
tion only indicates the Will of the Patron. This maybe done
either by word or Writing. If it be by Word the Patron must
declare in the presence of the Ordinary. If by Writing it is
no Deed, but it is in the Nature of a Letter Missive to the
Ordinary, 1 Ins. 120. 2 Rolls abr : 353.
My Lord Baltimore in a Letter dated in February Last
Presents me to any Living I may chuse together with the

 

 

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Correspondence of Governor Sharpe, 1761-1771
Volume 14, Page 451   View pdf image (33K)   << PREVIOUS  NEXT >>


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