sions in Eng

tent of said act; or if any person having enlisted as a pri- Ir. and afterwards taking vate in any regiment in Ireland, or being a non-commis- higher commissioned officer in such regiment, shall afterwards take or land, not liable have taken a commission in the said or any other regiment to penalties of in Great Britain, and shal! have duly taken the oaths and 25 Car. 2. c. 2. Eng. declaration required by the said act, such person shall not So also as to in respect of any such commission, be liable in England commissioned privates or non&c. or his majesty's navy, or in Jersey or Guernsey, to any officers appointof the pains, &c. enacted by the 25 Car. 2. c. 2. Eng. and sions. shall be also freed from any pains, &c. in the said several places last mentioned, for taking, &c. the oaths of allegiance, supremacy, or abjuration, or for not making and subscribing the declaration required to be taken to enable any person to hold any office or place of trust or profit, or for not receiving the sacrament of the Lord's supper according to the rites of the church of England.

ed to commis

Of the Clergy.

lating to spiritual persons

farms, and en

dence, and

E. & W.

P. 311. l. 13. The 57 Geo. 3. c. 99. E. & W. recites the Former acts re21 Hen. 8. c. 13. Eng. 23 Hen. 8. c. 13. Eng. 13 Eliz. c. 20. Eng. 14 Eliz. c. 11. Eng. 18 Eliz. c. 11. Eng, holding of 43 Eliz. c. 9. Eng. 3. Car. 1. c. 4. Eng. 43 Geo. 3. c. 84. E. forcing resi 43 Geo. 3. c. 109. E. 12 Ann. st. 2. c. 12. Eng. 36 Geo. 3. maintenance of c. 83. Eng. and 53 Geo. 3. c. 149. E. and repeals so much curates, repealed. of the said acts of king Henry VIII. queen Elizabeth, and 57 Geo. 3.c. 99, king Charles I. as relates to spiritual persons holding farms, and to leases of benefices and livings, and to buying and selling, and to residence of spiritual persons on their benefices; and also so much of the said recited act of queen Anne, and of the 36 Geo. 3. c. 83. as relates to the maintenance of curates within the church of England, and making provision for appointing stipends for such curates, and all the said several other recited acts passed in the reign of his present majesty: and by s. 2. enacts, that it shall not be lawful for any spiritual person having or hold- Spiritual pering any dignity, prebend, canonry, benefice, or any sti-farm abuse 80

VOL. 1.

I

pendiary

sons not to

consent of

bishop.

acres; without pendiary curacy or lectureship, to take to farm, for occupa. tion by himself, by lease, grant, words, or otherwise, for term of life or years, or at will, any lands, exceeding in amount in the whole 80 acres, for the purpose of occupying or using or cultivating the same, without the consent in writing of the bishop of the diocess in which such dignity, &c. shall be locally situate, specially given for that purpose; and every such permission to any spiritual person to take to farm any greater quantity of land than 80 acres, shall specify the number of years, not exceeding 7, for which the permission is given: and every such spiritual person who shall, without such permission, take to farm any greater quantity of land than 80 acres, shall forfeit, for every acre of land above the said 80 acres so taken to farm, Penalty 40s. 40s. for every year during which he shall so occupy, use, cultivate, or farm such land, contrary to the provisions of this act, to be recovered by and to the use of any person inform and sue for the same. who may And by s. 3. no spiritual person having or holding any dignity, &c. shall, forfeit value of by himself, or by any other for him or to his use, engage goods, and con- in or carry on any trade or dealing for gain or profit, or

per acre.

s. 3.

Spiritual per

sons trading

tracts void.

s. 4.

deal in any goods, wares or merchandize, by buying and selling for lucre, gain or profit, in any market, fair, or other place, upon pain of forfeiting the value of the goods, &c. so bargained and bought to sell again contrary to this act; and every bargain and contract so made by him, or by any to his use, in any such trade or dealing, contrary to this act, shall be utterly void; and the one half of every such forfeiture shall go to his majesty, and the other half to him that will sue for the same. But by s. 4. nothing in What buying this act contained in relation to being engaged in trade or and selling by schoolmasters. dealing, or buying or selling, shall extend to, or subject to any penalty or forfeiture, any spiritual person for keeping a school or seminary, or acting as a schoolmaster, tutor or instructor, or being in any manner concerned in giving instruction or education for profit or reward, or for buying or selling, or doing any other act or thing in the conduct of or carrying on, or in relation to the management of any such school, &c.; to any spiritual person for the buying of

tutors, or other spiritual persons, excepted und allowed.

any

of

any goods or articles of any description, which shall, without fraud or covin, be bought to the intent, at the buying thereof, to be used and employed by the spiritual person buying the same for his family or in his household, and after the buying of any such goods, &c. the selling the same again, or any parts thereof, which such person may not want or choose to keep, although the same shall be sold at any advanced price, beyond that given for the same; or for any buying or selling again for any lucre or profit, any manner of cattle or corn, or other matters necessary, proper or convenient to be bought, sold, kept or maintained by any spiritual person, or other person for him or to his use, for the occupation, manuring, improving, pasturage, or profit of any glebe, demesne, farms, lands, &c. which may be lawfully held and occupied by such spiritual person, or any other for him, or to his use; provided that nothing herein shall extend to authorize any such spiritual person to sell any cattle or corn, or other things as aforesaid, in person, in any market, fair, or place of public sale.

s. 5.

non-residence.

P. 326. l. 8. This act (57 Geo. 3. c. 99.) further provides, (s. 5.) that every spiritual person holding any bene- Penalties for fice, who shall, without any such license or exemption, as is in this act allowed for that purpose, wilfully absent himself, for any period exceeding 3 months together, or to be accounted at several times in any one year, and make his residence and abiding at any other place, except at some other benefice, donative, perpetual curacy, or parochial chapelry, of which he may be possessed, shall, when such absence shall exceed such period as aforesaid, and not exceed 6 months, forfeit and pay one third of the annual value (deducting therefrom all outgoings, except any stipend paid to any curate) of the benefice, &c. from which he shall so absent himself; and when such absence shall exceed 6 months, and not exceed 8 months, one half of such annual value; and when such absence shall exceed 8 months, two thirds of such annual value; and when such absence shall have been for the whole of the year, three fourths of such annual value; to be recovered by action of How recovered.

debt,

$. 6.

what deemed legal residence.

་

debt, &c. in any court of record at Westminster, or the courts of great sessions in Wales, wherein no essoign, &c. shall be allowed; and the whole of every such penalty shall be paid to the person or persons who shall inform and sue for the same, together with such costs of suit as shall be allowed according to the practice of such court. And by s. 6. every spiritual person having any benefice, and who Where no house shall not have any house of residence thereon, and who upon benefice, shall have resided 9 months in the year within the limits of his benefice, or within the limits of the city, town, place, or parish in which his benefice may be situated, (provided such last-mentioned residence be within 2 miles from the church or chapel of his benefice,) shall not be liable to any penalties on account of non-residence, nor be obliged to take out any license in respect thereof, but the same shall be deemed a legal residence to all intents; and in all returns made by the bishops, persons so residing shall be returned as resident. And this act (s. 7.) recites, that the chased by Go- governors of Queen Anne's bounty have purchased, and Queen Anne's may hereafter purchase houses not situate within the pabounty, deemed rishes for which they are purchased, but so contiguous as

s. 7.

Houses pur

vernors of

residences.

6. 8.

Residence of

vicar in rectory house legal.

to be sufficiently convenient and suitable for the residence of the officiating minister; and therefore enacts, that such houses, having been previously approved by the bishop, by writing under his hand and seal, and duly registered in the registry of the diocess, shall be deemed houses of residence appertaining to such benefices. And by s. 8. in all cases of rectories having vicarages endowed, the residence of the vicar in the rectory house shall be deemed a legal residence; provided that the vicarage house be kept in proper repair, to the satisfaction of the bishop. And by s, 9. it shall be lawful for the bishop, in every case in which there shall not be a house of residence belonging to of residence. any benefice within his diocess, to allow and adjudge any fit house within the limits of such benefice, and belonging thereto, or any fit house belonging thereto not within the limits, but so contiguous as to be sufficiently convenient for the purpose, to be the house of residence thereof; and such allowance, &c. in writing, under the hand and seal of

s. 9.

Bishop may appoint a house

How, and within what limits.

such

such bishop, shall, thereupon, be registered in the registry of the diocess; and such house shall, thenceforth, be deemed the house of residence for the time being. But

non-residence.

by s. 10. no spiritual person being chancellor, vice-chan- s. 10. cellor, or commissary of either of the universities of Ox- What persons exempted from ford or Cambridge, or being warden, dean, provost, pre- the penalties for sident, rector, principal, master, or other head ruler of any college or hall within said universities, and no spiritual person having or holding any professorship, or any public readership in either of said universities, being actually re. sident within the precincts of the university, and reading lectures therein; and no scholar under the age of 30 years, abiding for study, without fraud, at either of said universities; and no chaplain of the king or queen, or any of the king's or queen's children, brethren, or sisters, so long as he shall actually attend in the discharge of his duty, as such chaplain, in the household to which he shall belong; and no chaplain of any archbishop or bishop, or of any temporal lord of parliament, or of any other person autho rized by law to appoint any chaplain, so long as such chaplain shall abide and dwell, and daily attend in the actual perfomance of his duty, as such chaplain, in the household to which he shall so belong; and no spiritual person actually serving as a chaplain of the house of commons, or as clerk of his majesty's closet, or as a deputy clerk thereof, or a clerk of the closet of the heir apparent, or deputy clerk thereof, or as a chaplain general of his majesty's forces by sea or land, or chaplain of his majesty's dock yards, while such spiritual person shall be actually-attending and performing the duties of such office, or as a chaplain in the household of any British embassador residing abroad, during the time of his performing the duties of such his office; or as chancellor or vicar general, or as commissary, whilst exercising the duties of their offices respectively; or as an archdeacon while upon visitations, or otherwise engaged in the exercise of his functions; and no spiritual person being a minor canon, or vicar choral, or priest vicar, or any such other public officer in any cathedral or collegiate church, during the times for which such spiritual person shall actually reside within the precincts of

such