therefore generally called privy, ſmall, or vicarial, tithes; the greater, or predial, tithes being ſtill reſerved to their own uſe. But one and the ſame rule was not obſerved in the endowment of all vicarages. Hence ſome are more liberally, and ſome more ſcantily, endowed; and hence many things, as wood in particular, is in ſome countries a rectorial, and in ſome a vicarial tithe.
The diſtinction therefore of a parſon and vicar is this; that the parſon has for the moſt part the whole right to all the eccleſiaſtical dues in his pariſh; but a vicar has generally an appropriator over him, entitled to the beſt part of the profits, to whom he is in effect perpetual curate, with a ſtanding ſalary. Though in ſome places the vicarage has been conſiderably augmented by a large ſhare of the great tithes; which augmentations were greatly aſſiſted by the ſtatute 29 Car. II. c. 8. enacted in favour of poor vicars and curates, which rendered ſuch temporary augmentations (when made by the appropriators) perpetual.
The method of becoming a parſon or vicar is much the ſame. To both there are four requiſites neceſſary: holy orders; preſentation; inſtitution; and induction. The method of conferring the holy orders of deacon and prieſt, according to the liturgy and canons[1], is foreign to the purpoſe of theſe commentaries; any farther than as they are neceſſary requiſites to make a complete parſon or vicar. By common law a deacon, of any age, might be inſtituted and inducted to a parſonage or vicarage: but it was ordained by ſtatute 13 Eliz. c. 12. that no perſon under twenty three years of age, and in deacon's orders, ſhould be preſented to any benefice with cure; and if he were not ordained prieſt within one year after his induction, he ſhould be ipſo facto deprived: and now, by ſtatute 13 & 14 Car. II. c. 4. no perſon is capable to be admitted to any benefice, unleſs he hath been firſt ordained a prieſt; and then he is, in the language of the law, a clerk in orders. But if he obtains orders, or a licence to preach, by
- ↑ See 2 Burn. eccl. law. 103.
