Parson's freehold
Encyclopedia
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, viz., Church, Churchyard and Parsonage, the ownership passing to his successor. This system is to be phased out, under the Ecclesiastical Offices (Terms of Service) Measure.
The parson's freehold is a type of benefice
; originally also it established income from and tenancy of certain properties in recompense for the priest's exercise of ecclesiastical offices. These would have included occupancy of the rectory
(and its outbuildings), fees and Easter offerings, income from tithes (received in the form of a tax on properties within the parish bounds), and income from the glebe
(parcels which could be farmed for the rector's profit). These formed the basis for the rector's income, out of which he lived, and kept the Church. Communion Alms met some of the needs of the poor. Often the Patron or another landowner would take the lead in repairs and extensions of the Church; sometimes the Rector or Vicar did so himself. For the purposes of law the rector owns the remaining property as a corporation sole
. However, unlike usual fee simple
ownership, the property did not pass to his heir upon his death. Instead, it passed to the next officeholder.
for benefices can be traced back to the 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
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".
of the Church of England decided to abolish the system of parson's freehold, gradually replacing it with a system entitled common tenure, which would apply to all clerics equally, removing the present distinction between those with freehold and those without. Under common tenure, the present proposal is that Parsonages would pass to the Diocese. Furthermore, such clergy would undergo assessment procedures to ensure that they are performing their function adequately, and parishioners would have further rights to those enjoyed under the Clergy Discipline Measure to complain about their parish
priests. If found unsatisfactory, it would be possible to remove such priests with greater ease. However, priests will be entitled to some modest compensation for loss of office, and gain the right of appeal to secular employment tribunal
s.
The Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), giving effect to these changes, is now in force.
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
in which the rector
Rector
The word rector has a number of different meanings; it is widely used to refer to an academic, religious or political administrator...
or vicar of a parish
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...
holds title
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
to benefice property, viz., Church, Churchyard and Parsonage, the ownership passing to his successor. This system is to be phased out, under the Ecclesiastical Offices (Terms of Service) Measure.
The parson's freehold is a type of benefice
Benefice
A benefice is a reward received in exchange for services rendered and as a retainer for future services. The term is now almost obsolete.-Church of England:...
; originally also it established income from and tenancy of certain properties in recompense for the priest's exercise of ecclesiastical offices. These would have included occupancy of the rectory
Rectory
A rectory is the residence, or former residence, of a rector, most often a Christian cleric, but in some cases an academic rector or other person with that title...
(and its outbuildings), fees and Easter offerings, income from tithes (received in the form of a tax on properties within the parish bounds), and income from the glebe
Glebe
Glebe Glebe Glebe (also known as Church furlong or parson's closes is an area of land within a manor and parish used to support a parish priest.-Medieval origins:...
(parcels which could be farmed for the rector's profit). These formed the basis for the rector's income, out of which he lived, and kept the Church. Communion Alms met some of the needs of the poor. Often the Patron or another landowner would take the lead in repairs and extensions of the Church; sometimes the Rector or Vicar did so himself. For the purposes of law the rector owns the remaining property as a corporation sole
Corporation sole
A corporation sole is a legal entity consisting of a single incorporated office, occupied by a single man or woman. This allows a corporation to pass vertically in time from one office holder to the next successor-in-office, giving the position legal continuity with each subsequent office...
. However, unlike usual fee simple
Fee simple
In English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
ownership, the property did not pass to his heir upon his death. Instead, it passed to the next officeholder.
Development
Canon lawCanon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
for benefices can be traced back to the councils of Orléans
Council of Orléans
The Council of Orléans may refer to any of several synods held in Orléans:*First Council of Orléans *Second Council of Orléans *Third Council of Orléans *Fourth Council of Orléans *Fifth Council 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
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
and were codified so that such a position was vacated only on
- Death;
- Resignation;
- Cessation due to appointment to an incompatible position;
- Deprivation through ecclesiastical courts on the grounds of bastardy or moral fault;
- Conviction of simony; or
- Failure to read services according the Book of Common PrayerBook of Common PrayerThe Book of Common Prayer is the short title of a number of related prayer books used in the Anglican Communion, as well as by the Continuing Anglican, "Anglican realignment" and other Anglican churches. The original book, published in 1549 , in the reign of Edward VI, was a product of the English...
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
Tithe Commutation Act 1836
The Tithe Commutation Act of 1836 was an Act of the Parliament of the United Kingdom with the long title "An Act for the Commutation of Tithes in England and Wales". It replaced the ancient system of payment of tithes in kind with monetary payments...
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 General SynodGeneral Synod
-Church of England:In the Church of England, the General Synod, which was established in 1970 , is the legislative body of the Church.-Episcopal Church of the United States:...
of the Church of England decided to abolish the system of parson's freehold, gradually replacing it with a system entitled common tenure, which would apply to all clerics equally, removing the present distinction between those with freehold and those without. Under common tenure, the present proposal is that Parsonages would pass to the Diocese. Furthermore, such clergy would undergo assessment procedures to ensure that they are performing their function adequately, and parishioners would have further rights to those enjoyed under the Clergy Discipline Measure to complain about their parish
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...
priests. If found unsatisfactory, it would be possible to remove such priests with greater ease. However, priests will be entitled to some modest compensation for loss of office, and gain the right of appeal to secular employment tribunal
Employment tribunal
Employment Tribunals are tribunal non-departmental public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment...
s.
The Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), giving effect to these changes, is now in force.