the fabric of the church, a third for the poor, and the fourth to provide for the incumbent. When the fees of the biſhops became otherwiſe amply endowed, they were prohibited from demanding their uſual ſhare of theſe tithes, and the diviſion was into three parts only. And hence it was inferred by the monaſteries, that a ſmall part was ſufficient for the officiating prieſt, and that the remainder might well be applied to the uſe of their own fraternities, (the endowment of which was conſtrued to be a work of the moſt exalted piety) ſubject to the burthen of repairing the church and providing for it's conſtant ſupply. And therefore they begged and bought, for maſſes and obits, and ſometimes even for money, all the advowſons within their reach, and then appropriated the benefices to the uſe of their own corporation. But, in order to complete ſuch appropriation effectually, the king's licence, and conſent of the biſhop, muſt firſt be obtained; becauſe both the king and the biſhop may ſometime or other have an intereſt, by lapſe, in the preſentation to the benefice; which can never happen if it be appropriated to the uſe of a corporation, which never dies: and alſo becauſe the law repoſes a confidence in them, that they will not conſent to any thing that ſhall be to the prejudice of the church. The conſent of the patron alſo is neceſſarily implied, becauſe (as was before obſerved) the appropriation can be originally made to none, but to ſuch ſpiritual corporation, as is alſo the patron of the church; the whole being indeed nothing elſe, but an allowance for the patrons to retain the tithes and glebe in their own hands, without preſenting any clerk, they themſelves undertaking to provide for the ſervice of the church[1]. When the appropriation is thus made, the appropriators and their ſucceſſors are perpetual parſons of the church; and muſt ſue and be ſued, in all matters concerning the rights of the church, by the name of parſons[2].
This appropriation may be ſevered, and the church become diſappropriate, two ways: as, firſt, if the patron or appropriator preſents a clerk, who is inſtituted and inducted to the parſonage:
