Incumbent (ecclesiastical)

In English ecclesiastical law, the term incumbent refers to the holder of a Church of England parochial charge or benefice. The term benefice originally denoted a grant of land for life in return for services. In church law, the duties were spiritual ("spiritualities") and some form of assets to generate revenue (the "temporalities") were permanently linked to the duties to ensure the support of the office holder. Historically, once in possession of the benefice, the holder had lifelong tenure unless he failed to provide the required minimum of spiritual services or committed a moral offence; but with the passing of the Pastoral Measure 1968 and subsequent legislation, this no longer applies and many ancient benefices have been joined together into a single new one.

At one time an incumbent might choose to enjoy the income of the benefice and appoint an assistant curate to discharge all the spiritual duties of the office at a lesser salary. This was a breach of the canons of 1604, but the abuse was only brought under control with the passing in 1838 of the Pluralities Act (1&2 Victoria, ch.106) which required residence unless the diocesan bishop granted a licence for non-residence for reasons specified in the same act and provided severe penalties for non-compliance.

The incumbent's official title might be that of rector, vicar, "curate-in-charge" or "perpetual curate". The difference between these titles is now largely historical. Originally, an incumbent was either a rector who received all the tithes or vicar who received only the small tithes (see Impropriation). Curate-in-charge and perpetual curate were later legal terms to meet the case when new parishes were created or chapels of ease established which were not supported by tithes.

The future incumbent is either nominated by the ordinary (normally the diocesan bishop) or the patron who owns the advowson. Originally the parish concerned had no legal voice in the matter, but modern legislation established the need for consultation to take place.

The form of admission to office has two parts: the future incumbent is first authorised by the bishop to exercise the spiritual responsibilities (institution or collation - see below), the second puts him in possession of the "temporalities" (induction) which he receives at the hands of the archdeacon or his deputy. The two actions are often combined into one ceremony and the canons require the bishop to use his best endeavour to perform the ceremony in the parish church. However, this is not legally essential.

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