APPELLANT

Generally, one who appeals from the decision of an inferior court to a superior. Particularly those among the French clergy were called appellants , who appealed from the bull Uni gen it us , i ued by Pope Clement in 1713, either to the pope better informed, or to a general council. This is one of the many instances in which the boasted unity of the Roman obedience has been signally broken; the whole body of the French clergy, and the several monasteries, being divided into appellants and non-appellants. APPROPRIATION is the annexing of a benefice to the use of a spiritual corporation. This was frequently done in England after the Norman Conquest. The secular clergy were then Saxons or English men; and most of the nobility, bishops, and abbots being Normans, they had no kind of regard to the secular clergy, but reduced them as low as they could to enrich the monasteries; and this was the reason of so many appropriations. But some persons are of opinion, that it is a question undecided, whether princes or popes first made appropriations: though the oldest of which we have any account were made by princes; as, for instance, by the Saxon kings, to the abbey of Crowland; by William the Conqueror, to Battle Abbey; and by Henry I., to the church of Salisbury. It is true the popes, who were always jealous of their usurped supremacy in ecclesiastical affairs, did in their decretals a ume this power to themselves, and granted privileges to several religious orders, to take appropriations from laymen: but in the same grant they were usually required to be answerable to the bishop in spiritual i bus , and to the abbot or prior in temporal i bus , which was the common form of appropriations till the latter end of the reign of Henry II. For at first those grants were not in proprios us us : it was always nece ary to present a clerk to the bishop upon the avoidance of a benefice, who, upon his institution, became vicar, and for that reason an appropriation and a rectory were then inconsistent. But because the formation of an appropriation was a thing merely spiritual, the patron usually petitioned the bishop to appropriate the church; but the king was first to give licence to the monks that, quantum in nob is est , the bishop might do it. The king being supreme ordinary, might of his own authority make an appropriation without the consent of the bishop, though this was seldom done. Appropriations at first were made only to spiritual persons, such as were qualified to perform Divine service; then by degrees they were extended to spiritual corporations, as deans and chapters; and lastly to priories, upon the pretence that they had to support hospitality; and lest preaching should by this means be neglected, an invention was found out to supply that defect by a vicar, as aforesaid; and it was left to the bishop to be a moderator between the monks and the vicar, for his maintenance out of the appropriated tithes; for the bishop could compel the monastery to which the church was appropriated to set out a convenient portion of tithes, and such as he should approve, for the maintenance of the vicar, before he confirmed the appropriation. It is true the bishops in those days favoured the monks so much, that they connived at their setting out a portion of small tithes for the vicar, and permitted them to reserve the great tithes to themselves. This was a fault intended to be remedied by the statute 15 Rich. II. cap. 6; by which it was enacted, that in every licence made of an appropriation this clause should be contained, viz. that the diocesan should ordain that the vicar shall be well and sufficiently endowed. But this statute was eluded; for the abbots appointed one of their own monks to officiate; and therefore the parliament, in the 4th year of Henry IV. cap. 12, provided that the vicar should be a secular clergyman, canonically instituted and inducted into the church, and sufficiently endowed; and that no regular should be made vicar of a church appropriate. But long before the making of these statutes the kings of England made appropriation of the churches of Fever sham and Milton in Kent, and other churches, to the abbey of St. Augustine in Canterbury, by these words: “Conce imus, ., pro nob is, ., abbati et conventui, ., quod ipsi ecclesias predict as appropriare ac eas sic appropriatas in proprios us us tenere po int sib i et succe or i bus in perpetuum.” The like was done by several of the Norman nobility, who came over with the king, upon whom he bestowed large manors and lands; and out of which they found tithes were then paid, and so had continued to be paid even from the time they were po e ed by the Saxons: but they did not regard their law of tithing, and therefore they held it reasonable to appropriate all, or at least some part of, those tithes to those monasteries which they had founded, or to others as they thought fit; and in such cases they reserved a power to provide for him who served the cure; and this was usually paid to stipendiary curates. But sometimes the vicarages were endowed, and the very endowment was expre ed in the grant of the appropriation, viz. that the church should be appropriated upon condition that a vicarage should be endowed; and this was left to the care of the bishop. But whenever the vicar had a competent subsistence by endowment, the monks took all opportunities to le en it; and this occasioned several decretals prohibiting such usage without the bishop’s consent, and that no custom should be pleaded for it, where he that served the cure had not a competent subsistence. And it has been a question whether an appropriation is good when there is no endowment of a vicarage, because the statute of Henry IV. positively provides that vicarages shall be endowed. But it is now settled, that if it is a vicarage in reputation, and vicars have been instituted and inducted to the church, it shall be presumed that the vicarage was originally endowed. Thus much for the tithes: but the abbot and convent had not only the tithes of the appropriate churches, but the right of patronage too; for that was extinct, as to the former patron, by the appropriation, unle he had reserved the presentation to himself; and that made the advowson disappropriate, and the church presentable as before, but not by the old patron, but by the abbot and convent, who were then bound, upon a vacancy, to present a person to the bishop. Sometimes the bishop would refuse the person presented unle they consented to such an allowance for his maintenance as he thought fit, and therefore they would present none. This occasioned the making another decretal, which gave the bishop power to present; but this did not often happen, because the monks were favoured by the bishops; that is, the poorer sort, for the rich would not accept his kindne . They always got their appropriations confirmed by the pope, and their churches exempted from the jurisdiction of the bishop. But now all those exemptions are taken away by the statute 31 Henry VIII. cap. 13, and the ordinary is restored to his ancient right. Before giving an account of that statute, it will not be improper to mention the forms of appropriations both before and since that time. A licence being obtained of the king as supreme ordinary, and the consent from the diocesan, patron, and incumbent, thereupon the bishop made the grant. By the aforesaid statute, those appropriations which were made formerly by bishops, and enjoyed only by religious houses, are now become the inheritance of laymen; and though the bishop’s power in such cases is not mentioned in the statute, yet the law leaves all matters of right just as they were before; for when those religious houses were surrendered, the king was to have the tithes in the same manner as the abbots had them in right of their monasteries; and there is a saving of the rights and interests of all persons; so that, if before the di olution the vicar had an antecedent right to a competent maintenance, and the bishop had power to allow it, it is not taken away now. This is the law of England, and it is founded on good reason: for tithes were originally given for the service of the Church, and not for the private use of monasteries; and it may be a question, whether a monastery was capable of taking an appropriation, because it is not an ecclesiastical body; for by the canons they could not preach, baptize, or visit the sick, and they had no cure of souls. This matter was disputed between St. Bernard, a Cistercian monk, and Peter the Venerable: the first was di atisfied that monks should take tithe from the secular clergy, which was given to support them in attending the cure of souls; the other answered him, that monks prayed for souls, but tithes were not only given for prayers, but for preaching, and to support hospitality. Upon the whole matter, appropriations may be made by the joint consent of the queen, the ordinary, and the patron who hath the inheritance of the advowson; and he must have the queen’s licence, because she hath an interest in it as supreme ordinary: for it might happen that the presentation may be devolved on her by lapse, and such licence was usually granted when the church was void; but if it is granted when the church is full, it does not make the appropriation void, though such grant should be in general words, because, where it may be taken in two intents, the one good, the other not, it shall be expounded in that sense which may make the grant good. It is true, the best way is to give a licence in particular words, importing that the appropriation shall take effect after the death of the incumbent: however, if it is a license per verb a de præsenti , yet it is good for the reason already mentioned. The bishop must likewise concur, for he has an interest in the presentation, which may come to him by lapse before it can be vested in the queen. Besides, an appropriation deprives him of institution, for it not only carries the glebe and tithes, but gives to the corporation a spiritual function, and supplies the institution of the ordinary: for in the very instrument of appropriation it is united and given to the body corporate in proprios us us , that is, that they shall be perpetual parsons there: this must be intended where there are no vicarages endowed, and yet they cannot have the cure of souls because they are a body politic; but the vicar who is endowed and comes in by their appointment, has the cure.