A church dictionary

by Walter Farquhar Hook

To these observations of Archdeacon Churton may be added, that at Chichester, the chapter called on whom they pleased to reside, generally observing seniority. The same rule prevailed at Hereford, where the residentiaries are still elected by the chapter. In most cathedrals residence was protested (as stated above) at one of the great chapters. Forty days’ notice was given at Lichfield. (See Dugdale’s Monasticon, ed. 1830, and Dugdale’s St. Paul’s.) The present number of residentiaries at Exeter was fixed by Bishop Ward, in 1663.

From the ancient documents appended to Dugdale’s History of St. Paul’s, it appears by more than one explicit declaration, that all the residentiaries were required to reside together, not merely dividing the year between them, according to the present most reprehensible arrangement. They were allowed to serve no other church whatever. They were required to be all present together at all services on Sundays and greater holidays, and so to manage between themselves on ordinary week days, that one at least should be present at each one of them [and it must be remembered that the daily services were then more numerous than now]. And if they neglected this perpetual residence, from which only occasional absence, as to parish clergymen from their cures, was permitted, they were not considered as entitled to their emoluments; and their neglect is censured in the old records, in terms of the strongest reprobation.

RESIGNATION. 1. A resignation is, where a parson, vicar, or other beneficed clergyman, voluntarily gives up and surrenders his charge and preferment to those from whom he received the same.—Deg. p. i. c. 14.

2. That ordinary who hath the power of institution, hath power also to accept of a resignation made of the same church to which he may institute; and therefore the respective bishop, or other person who, either by patent under him, or by privilege or prescription, hath the power of institution, are the proper persons to whom a resignation ought to be made. And yet a resignation of a deanery in the king’s gift may be made to the king; as of the deanery of Wells. And some hold, that the resignation may well be made to the king of a prebend that is no donative: but others, on the contrary, have held, that a resignation of a prebend ought to be made only to the ordinary of the diocese, and not to the king as supreme ordinary; because the king is not bound to give notice to the patron (as the ordinary is) of the resignation; nor can the king make a collation by himself without presenting to the bishop, notwithstanding his supremacy.—2 Roll’s Abr. 358. Watson, c. 4.

And resignation can only be made to a superior: this is a maxim in the temporal law, and is applied by Lord Coke to the ecclesiastical law, when he says, that therefore a bishop cannot resign to the dean and chapter, but it must be to the metropolitan from whom he received confirmation and consecration.—Gibson, 822.

And it must be made to the next immediate superior, and not to the mediate; as of a church presentative to the bishop, and not to the metropolitan.—2 Roll’s Abr. 358.

But donatives are not resignable to the ordinary; but to the patron, who hath power to admit.—Gibson, 822.

And if there be two patrons of a donative and the incumbent resign to one of them, it is good for the whole.—Deg. p. i. c. 14.

3. Regularly resignation must be made in person, and not by proxy. There is indeed a writ in the register, entitled, litera procuratoria ad resignandum, by which the person constituted proctor was enabled to do all things necessary to be done in order to an exchange; and, of these things, resignation was one. And Lyndwood supposeth, that any resignation may be made by proctor. But in practice there is no way (as it seemeth) of resigning, but either to do it by personal appearance before the ordinary, or at least to do it elsewhere before a public notary, by an instrument directed immediately to the ordinary, and attested by the said notary; in order to be presented to the ordinary, by such proper hand as may pray his acceptance. In which case the person presenting the instrument to the ordinary doth not resign nomine procuratorio, as proctors do; but only presents the resignation of the person already made.—Gibson, 822. Deg. p. i. c. 14. Watson, c. 4.

4. A collateral condition may not be annexed to the resignation, no more than an ordinary may admit upon condition, or a judgment be confessed upon condition, which are judicial acts.—Watson, c. 4.