Parson's freehold

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The parson's freehold refers to a system within the Church of England in which the rector or vicar of a parish holds title to benefice property, such as the church, churchyard or parsonage, the ownership passing to his successor. This system is to be phased out, under the Ecclesiastical Offices (Terms of Service) Measure.

Description

The parson's freehold is a type of

heir
upon his death. Instead, it passed to the next officeholder.

Development

Second Councils of Orléans in 511 and 533, and Lyons in 566. The councils established the principle of grants of property to clergymen which were dependent upon the holding of particular offices. These principles were retained in the Church of England
and were codified so that such a position was vacated only on

  1. Death;
  2. Resignation;
  3. Cessation due to appointment to an incompatible position;
  4. Deprivation through ecclesiastical courts on the grounds of bastardy or moral fault;
  5. Conviction of simony; or
  6. Failure to read services according to the Book of Common Prayer and sentence of deprivation.

Plural occupancy was gradually restricted due to abuses by non-resident officeholders delegating priestly duties to assistants.

The difficulty of removing the beneficiary of such a freehold was a source of continued conflict. In practice only "open and notorious evil living" sufficed to remove an incumbent unwillingly. Conflict over tithes in particular led to the fixing of tithes under the

Tithe Commutation Act of 1836, and their abolition in 1935. Increasingly rectors and vicars are not appointed, the right under which the patron makes a presentation of the living to his chosen candidate being suspended under section 67 of the pastoral measure 1983, and perhaps 3,500 clergy are consequently merely licensed by the bishop as priests-in-charge; although 5,500 rectors and vicars continue to enjoy freehold, but all are invited to relinquish the freehold and change to "common tenure
" (to which all licensed clergy will automatically transfer in 2011). There is no contract, and no employment in any case: freeholders, licensed clergy, and those under common tenure are in law "office-holders".

Abolition

On February 15, 2005, the

.

The Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), giving effect to these changes, is now in force.

Notes

References

  • Bowlby, Rt. Revd. Ronald. 'The Parson's Freehold and Clergy Discipline'. 3 Ecclesiastical Law Journal 30 (1993–95);
  • Bursell, Rupert. 'The Parson's Freehold'. 2 Ecclesiastical Law Journal 259 (1990–92);
  • Phillimore, "Ecclesiastical Law";
  • Parson & Parish, passim, the journal of the English Clergy Association.
  • Chisholm, Hugh, ed. (1911). "Benefice" . Encyclopædia Britannica. Vol. 3 (11th ed.). Cambridge University Press. pp. 725–726.
  • Fox, A. W.; Kelsey, Jeff. "The Rectory, Glebe and Tithes". A History of Cranham, Essex, England. Retrieved 2018-09-13.

External links

Abolition reports

Anti-Abolition