bishop, an oath of perpetual
residence; for the maxim of law is, that _vicarius non habet
vicarium_: and as the non-residence of the appropriators was the cause
of the perpetual establishment of vicarages, the law judges it very
improper for them to defeat the end of their constitution, and by
absence to create the very mischiefs which they 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[i]. 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 any action for them, till
induction.

[Footnote i: Co. Litt. 344.]

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[k].

[Footnote k: Co. Litt. 300.]

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