This statute was fortified by several others in this and the succeeding reigns, 27 Edw. III. stat. 1, c. 1; 38 Edw. III. stat. 1, c. 4; 3 Rich. II. c, 3; 7 Rich. II. c. 12 (which enacts that no alien* shall be capable of being presented to any eccle siastical preferment); 12 Rich. II. c. 15; 13 Rich. H. stat. 2, c. 2 and 3 ; 16 Rich. II. c. 5; 2 Hen. IV. c. 3; 7 Hen. IV. c. 8; 3 Hen. V. c. 4. These statutes, which inflict very severe penalties on persons endeavouring to enforce the au thority of papal bulls and provisions in England, are sometimes called, from the initial words of the writ issued in exe cution of the process under them, the statutes ofpremunire ; and the offence of maintaining the papal power is itself (according to Blackstone, vol. iv. p. 112) called by the name of pramunire. The statutes against papal provisions (though not very strictly enforced) re mained unrepealed, in spite of the attempts of the popes and their adherents to ob tain their abrogation.
The rights of ecclesiastical patronage, having been thus solemnly vindicated by the English parliament, have, in their fundamental principles, remained unal tered to the present time. The ceremonies of the presentation and institution in the case of lay patrons, and of collation where the bishop is patron, are still ne cessary to give a title to all benefices with a cure of souls, except those which are technically called perpetual curacies and donatives ; and the title so given is in complete without corporal induction into possession of the temporalities of the be nefices. There are also certain acts en joined either by the canon law or statute, the non-performance of which will sub ject the incumbent to the deprivation of the benefice into which he has been law fully inducted.
There is no difference between institu tion and collation as to the action itself, but they differ somewhat in their respective consequences. Thus, by institution, the church is said to be full against all per sons but the king, and if it has been full for the space of six months, this is a suf ficient answer to any action by private persons, or even by the king, where he claims as a private patron and not by royal prerogative, as in case of lapse or otherwise. But by collation the church is not full so as to render a plea to that effect available in the temporal courts, except against the collator. Every clerk before institution or collation is required by the canon law to take the oath against simony, and the oath of the canonical obedience to the bishop, and to declare by subscription his assent to the doctrine of the king's supremacy, to the Book of Common Prayer, and the Thirty-nine Articles. The subscription to the Thirty nine Articles is also imposed by statute 13 Eliz. c. 12, upon all persons to be ad mitted to any benefice with cure of souls.
Moreover, the statutes 1 Eliz. c. I, and 1 Will. and Mary, c. 8, § 5, require that every person collated or promoted to any ecclesiastical benefice shall, before he takes upon himself to supply or occupy the same, take the oaths of allegiance and supremacy ; and by statute 13 & 14 Car. II. e. 4 (commonly called the Act of Uniformity), every parson and viear shall, before his admission to be incum bent, subscribe a declaration of cont'or mity to the Liturgy of the Church of England as by law established.
The acts of institution or collation so far confer a right to the temporalities of the benefice, that the clerk may enter upon the glebe-land and take the tithes, but he cannot eine for them or grant them until induction. By induction the church becomes full, even against the king, and the clerk is seised of the temporalities of the benefice, and invested with the full rights and privileges of a parson, persona ecclesia ; but by the Act of Uniformity be must, within two months after he is in actual possession of his benefice, upon some Sunday, openly before his congre gation, read the morning and evening prayers, and declare his assent to the Book of Common Prayer, on pain, in case of neglect or refusal, of being ipso facto deprived of his benefice. The same statute obliges him, on pain of deprivation, to read publicly, within three months after his subscription to the declaration of conformity to the Liturgy, the bishop's certificate of his having made such sub scription, together with the declaration itself: but the statute 23 Geo. 1 I I . c. 28, makes an exception where the incumbent is prevented by some lawful impediment, to be allowed and approved of by the or dinary of the place. The same penalty of deprivation is imposed by 13 Eliz. c. 12, in case of an incumbent failing, within two months after induction, to read pub licly in the church the Thirty-nine Ar ticles, and to declare his assent to them. The 23 Geo. III. c. 28, provides that, in case of sickness or other lawful impedi ment, it shall be deemed a sufficient com pliance with the statute of Elizabeth if the incumbent reads the Articles, and de clares his assent to them at the same time that he declares his assent to the Book of Common Prayer. Finally, by statute I Geo. I. secs. 2, c. 13, the parson must, within six months after his admission to the benefice, take the oaths of allegiance and abjuration in one of the courts at Westminster, or at the general quarter sessions of the peace, on pain of being incapacitated to hold the benefice, and of incurring certain other disabilities therein specified. Such are the means by which a clerk's legal title as a parson, rector, or vicar is acquired and maintained.