VICAR, in ecclesiastical law, is, in the words of Blackstone, “a curate, deputy, or vicegerent of the appropriator, and therefore called vicarius or vicar.” When a benefice had become appropriated before the dissolution of the religious houses to a spiritual corporation, usually with the authority of a licence from the Chancery, the vicar was the person appointed by the appropriators for the cure of souls in the parish. He was at first generally a member of the corporation. After the dissolution in the reign of Henry VIII. these appropriated benefices became —as indeed they had been in the church in general up to the Lateran council of 1179—vested in lay impropriators, but the legal position of the vicar remained the same. He was not a parson in the proper sense of the word (in fact parson and vicar are often distinguished in old statutes), and his stipend was at the discretion of the impropriator. Where he had the enjoyment of tithes, they were in most cases, apart from prescription, the small as distinguished from the great tithes, that is, such as the impropriator found it most difficult to collect. There was, however, no consistent rule in the matter: what were rectorial tithes in some parishes might be vicarial in others. The position of the vicar, at first so insecure and uncertain, was gradually ameliorated by legislation. 15 Ric. II. c. 6 provided for the sufficient endowment of the vicarage. 4 Hen. IV. c. 12 repeated this provision, and in addition enacted that the vicar should be a secular priest, not removable at the caprice of the appropriators, and canonically instituted and inducted. Among numerous other Acts may be noticed 29 Car. II. c. 8, making perpetual temporary augmentations of vicarages, and 3 Geo. IV. c. 72, enabling them to be in certain ...cases converted into rectories. In Scotland vicarage teinds were the subject of many Acts of the Scottish parliament. Until they became a fixed burden on the land they were payable out of minor and accidental products, were established by usage, and lost by negative prescription. 27 and 28 Vic. c. 33 provided for the commutation of those vicarage teinds of fish which had not up to then been commuted.
Perpetual Curate.— Where a benefice was appropriated ad mensam monachorum or was from any other cause without the services of a regular vicar, it did not fall within the statutes relating to vicars, and was served by a temporary curate, generally a regular ecclesiastic belonging to the appropriating corporation. After the dissolution the curate in charge became perpetual, inasmuch as he could not be removed except by the bishop. By 2 and 3 Vict. c. 49 every church or chapel augmented by the governors of Queen Anne’s Bounty and having a district is a perpetual curacy; so, as a rule, are new churches built under the Church Building Acts. By 31 and 32 Vict. c. 117 the incumbent of every parish or new parish for ecclesiastical purposes, not being a rector, is to be styled the vicar, and his benefice is to be designated a vicarage. This Act only confers a more honourable name upon the perpetual curate; it does not in any way alter his legal position.
Vicar-general is the deputy of the archbishop of Canterbury or York. In his court the bishops of the province are confirmed. How far he has any contentious jurisdiction appears uncertain. In the confirmation of Dr Hampden as bishop of Hereford in 1848 the vicar-general of Canterbury refused to hear objections to the confirmation by the dean and chapter of Hereford, and the Court of Queen’s Bench was equally divided as to whether such refusal was good in law. Vicar-choral is a clerk in orders who assists at cathedral services. See further Advowson, Benefice, Parish, Parson, Queen Anne’s Bounty, Tithes.
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