accuracy. Some of them we
may remark, as they arise in the progress of our enquiries, but for
the rest I must refer myself to such authors as have compiled
treatises expressly upon this subject[l]. I shall only just mention
the article of residence, upon the supposition of which the law doth
stile every parochial minister an incumbent. By statute 21 Hen. VIII.
c. 13. persons wilfully absenting themselves from their benefices, for
one month together, or two months in the year, incur a penalty of
5_l._ to the king, and 5_l._ to any person that will sue for the same:
except chaplains to the king, or others therein mentioned[m], during
their attendance in the houshold of such as retain them: and also
except[n] all heads of houses, magistrates, and professors in the
universities, and all students under forty years of age residing
there, _bona fide_, for study. Legal residence is not only in the
parish, but also in the parsonage house: for it hath been resolved[o],
that the statute intended residence, not only for serving the cure,
and for hospitality; but also for maintaining the house, that the
successor also may keep hospitality there.

[Footnote l: These are very numerous: but there are only two, which
can be relied on with any degree of certainty; bishop Gibson's
_codex_, and Dr Burn's ecclesiastical law.]

[Footnote m: Stat. 25 Hen. VIII. c. 16. 33 Hen. VIII. c. 28.]

[Footnote n: Stat. 28 Hen. VIII. c. 13.]

[Footnote o: 6 Rep. 21.]

WE have seen that there is but one way, whereby one may become a
parson or vicar: there are many ways, by which one may cease to be so.
1. By death. 2. By cession, in taking another benefice. For by statute
21 Hen. VIII. c. 13. if any one having a benefice of 8_l._ _per
annum_, or upwards, in the king's books, (according to the present
valuation[p],) accepts any other, the first shall be adjudged void;
unless he obtains a dispensation; which no one is entitled to have,
but the chaplains of the king and others therein mentioned, the
brethren and sons of lords and knights, and doctors and bachelors of
divinity and law, _admitted by the universities_ of this realm. And a
vacancy thus made, for want of a dispensation, is called cession. 3.
By consecration; for, as was mentioned before, when a clerk is
promoted to a bishoprick, all his other preferments are void the
instant that he is consecrated. But there is a method, by the favour
of the crown, of holding such livings _in commendam_. _