Benefices within the meaning of the Act mean benefices with cure, and comprehend donatives, perpetual curacies, and parochial chapelries.

Every Archbishop and Bishop, within whose province or diocese any benefice exempt or peculiar is situate, shall have the powers necessary for the due execution of the Act; and where any such benefice is situate in the limits of more than one province or diocese, or between the limits, the Archbishop or Bishop of the cathedral to whose province or diocese the parish shall be nearest shall have all the power necessary for the execution of the provisions of the Act; but the peculiars belonging to any archbishopric or bishopric, though situate in another diocese, shall be subject to the archbishopric or bishopric to whom they belong for all purposes b. In every case in which jurisdiction is given to the Bishop of a diocese or to an Archbishop, under the Act, all concurrent jurisdiction shall cease c.

Where proceedings are directed by monition and sequestration, the monition shall issue under the hand and seal of the Bishop, and being served shall be returned with a certificate of service into the registry of the Consistorial Court; and the party monished may shew cause against the sequestration; and, unless sufficient cause is shewn, sequestration shall issue d.

All penalties under the Act may be recovered by monition and sequestration; and the Clergyman, against whom such proceedings have been had, shall not be subject to any action for the same offence. All fees, costs, &c. under the Act may be recovered by monition and sequestration f.

No commission issued by any Bishop to any Commissary appointed to administer the oaths required to be taken by a Curate, for the purpose of a licence, shall be subject to a stamp dutys.

The Act does not affect his Majesty's prerogative in granting dispensations for nonresidence h. A parsonage not having cure of souls is not a benefice within the Acti.

No Archbishop or Bishop having a benefice shall be subject to penalties for nonresidence, but an Archbishop, &c. holding a benefice in commendam must appoint a resident Curate according to the Actj.

The Act does not alter or diminish the powers or rights of Archbishops or Bishops k, nor alter any provisions with respect to Divine service, or any duties of Incumbents, by themselves or Curate1. The Act does not extend to Ireland m.

Stat. 25 HEN. VIII. Cap. 16.

The Judges of the three high courts, and the Attorney and Solicitor-General, may each retain a Chaplain, having one benefice, who may be nonresident ".

Stat. 33 HEN. VIII. Cap. 28.

The Chancellor of the Duchy of Lancaster, and certain other high officers therein mentioned, may retain one Chaplain having one benefice, who may be nonresident o.

Stat. 13 GEO. III. Cap. 58.

No. 2.

No. 3.

No. 4.

and houses

The Justices at Quarter Sessions may inquire how many Chaplains Clergymen shall be necessary to be employed in the several of gaols gaols, and what salary shall be paid them, not exceeding of cor1007. P a year 9.

The Treasurers of counties, receiving a certificate signed by the Chairman of the Quarter Sessions, shall out of the county rates pay such salary'; and the Justices at Quarter Sessions may nominate Clergymen for the purposes of the Acts.

rection.

The Justices at Quarter Sessions may appoint a Clergy- No. 5. man to perform Divine service in a house of correction, and may assign him a salary not exceeding 1007. per annum out of the county rates.

Stat. 55 GEO. III. Cap. 48.

The first section authorizes the Justices to increase the salaries of Clergymen officiating in gaols to any sum not exceeding 1007. a year. The second section enacts, that the

No. 6.

No. 7.

No. 8.

Chaplains of the royal

navy entitled to certain livings.

provisions of stat. 13 G. 3. c. 58. shall be applicable to Clergymen officiating in houses of correction.

Every such Clergyman, in order to entitle him to receive his salary, shall keep a journal in a book to be provided in the gaol or house of correction, of the times of his attendance, with any observations that may occur to him; and such journal shall be laid before the Justices having jurisdiction at every Quarter Sessions, and shall be signed by the Chairman ".

The Justices may unite the offices of Clergymen of gaols and houses of correction, by appointing one Clergyman to both, with a salary not exceeding 150l. a year; but no Clergyman appointed to officiate in any gaol or house of correction shall officiate until he has obtained a licence from the Bishop of the diocese ; and the Clerk of the Peace shall, within one month after the appointment, transmit a copy thereof to the Bishop 2.

Stat. 58 GEO. III. Cap. 32.

The Justices in Quarter Sessions are empowered to assign a salary to Clergymen officiating in houses of correction not exceeding 1007. a yeara, and to a Clergyman officiating as Chaplain of a gaol and house of correction, not exceeding 150l. a year b.

Stat. 1 GEO. IV. Cap. 106.

Chaplains in the royal navy, presented to the divided rectories of Simonbourn, may receive their half-pay during the time they hold such benefices. The Governors of Greenwich Hospital may redeem the land-tax d. The first-fruits and tenths heretofore charged on Simonbourn may be apportioned by the Bishop of Durham amongst the divisions of the rectory: the Governors of Greenwich Hospital are to nominate to the perpetual curacy of Humshaugh f. In case of lapse of either of the rectories mentioned in the Act, they must be presented to the Chaplains of the navy coming within the description of the Act 5; as

also must the perpetual Curacy of Humshaugh, unless no Chaplain within the description of the Act is to be found 8.

PART I. CLASS II.

Stat. 21 HEN. VIII. Cap. 13.

Statutes relating to Presentations, Pluralities, and Simony.

No. 1.

fication for

IF any person having one benefice with cure of soul, of Plurality the yearly value of 81. or above, take another with cure of and qualisoul, and be instituted, &c. the first benefice shall be void h, plurality. and the patron may present, as if the Incumbent had died or resigned; and all licences and dispensations contrary to the Act shall be void i.

The eleventh section prohibits under a heavy penalty the obtaining any dispensations from Rome or elsewhere.

Spiritual persons being of the King's council may purchase dispensations to hold three benefices, and the Chaplains of certain personages therein enumerated may purchase dispensations to hold two beneficesk; but such Chaplains are bound to exhibit, where need be, letters under the King's sign and seal, or of other their lord, testifying whose Chaplains they are 1.

Doctors and Bachelors of law may also obtain dispensation to hold two benefices, but the degrees must not be obtained by grace only m.

An Archbishop may occupy eight Chaplains, and every Bishop six ; but no person shall advance any spiritual person to be a Chaplain above the number to him appointed; and the spiritual person so advanced is liable to the penalties of the Act .

The King's Chaplains, to whom it shall please him to give any Benefices, to what number soever, may hold the same without incurring the penalty P.

No. 2.

No. 3. Simony.

Stat. 59 GEO. III. Cap. 40.

This is a statute having a retrospective effect to secure persons who having been in possession of two benefices by virtue of a dispensation granted by the Archbishop of Canterbury, and confirmed under the Great Seal, have afterwards, without having first resigned one of the benefices, obtained a new dispensation to hold another benefice 9. Stat. 31 ELIZ. Cap. 6.

If any person or corporation shall, for any sum of money, reward, gift, profit, or benefit, directly or indirectly, or for or by reason of any promise, agreement, grant, or bond, covenant or other assurance, of or for any sum of money, reward, gift, profit, or benefit whatsoever directly or indirectly, present or collate any person to any benefice with cure of souls, dignity, &c. or bestow the same in respect of any such corrupt consideration, such presentation, &c. shall be void, and the King may present to such benefice, &c. for that turn only, and the person giving such sum of money, &c. shall forfeit the double value of one year's profit of every such benefice, &c. and the person corruptly accepting such Benefice shall be adjudged a disabled person in law, to enjoy the same benefice'.

If any person shall for any sum of money, reward, &c. or for or by reason of any promise, agreement, &c. admit, institute, or induct any person, the party offending shall forfeit double the yearly value of the preferment, and the

p. 149. rs. 5. p. 151. see the note to this section of the statute as to resignation bonds, but by an Act of the present session of Parliament, stat. 9 Geo. 4. c. 94. printed in the Addendum, engagements may be entered into to resign a living upon request, where the resignation is to be made in favour of one or two persons specially named, (being of the relationship to the Patron mentioned in the Act,) and to take effect within six months after notice of resignation to the Patron.

Amongst simoniacal Acts may be included the following. The attempt to obtain a presentation for money, though the Patron afterwards presents gratis, Wats. 43. A promise of a presentation by a Patron, upon consideration of the Clergyman marrying his daughter or relation, ib. 37. The sale of a presentation during a vacancy, Dy. 282. The sale of an advowson during a vacancy quoad the vacant presentation, 1 Black. Rep. 490. The sale of a next presentation where the Incumbent is in a dying state, Cro. Eliz. 685. 2 Black. Rep. 1052. The purchase of a next presentation by a Clergyman for himself under any circumstances, stat. 12 Ann. cap. 12. and bonds to resign a living generally at the request of the Patron. Bishop of London, v. Fytche. 3 Burn's Eccl. Law, 356,