7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

"Council may grant permission. Notice in the London Gazette to be the "authority for holding the two livings.

"Acceptance of preferment contrary to this Act to vacate all former prefer"ment; but upon the holder of two benefices who accepts any cathedral pre"ferment, except an archdeaconry, declaring to the Bishop in writing which "of the benefices he will retain, the other only to become vacant.

"License or dispensation for holding any second preferment under this Act 66 to be unnecessary.

"All present rights of possession saved.

66

Repeals 37 Hen. VIII. c. 21. and 17 Car. II. c. 3."

Note.-Several of the provisions of these two repealed Acts are re-enacted and extended as follows:

Upon the representation of the Bishop or Bishops, as the case may be," that two "or more" benefices [within a mile of] “contiguous to" each other, one not being above the value of 61. "not exceeding 1,500 aggregate popu"lation and 5007." [in towns corporate] 100l. aggregate value, may with "advantage to the interests of religion" be united into one benefice," the "Ecclesiastical Commissioners for England, if satisfied thereof upon inquiry," with the "written" consent of the [ordinary and] patron, [and of all persons interested therein], "certify the same to the Queen in Council, who may there"upon issue an order for uniting such benefices for ecclesiastical purposes only, "and making conditions as to residence and employment of Curates, and regu"lations respecting the patronage and episcopal jurisdiction." Directions for registering orders, and fixing fines for commencement of the unions. "All" parishes [in towns corporate] to continue separate as to rates, &c. "Person having the right of next presentation to be considered the Patron for the purposes of this Act.

66

"No other benefice to be united to such united benefice, where their aggregate value would exceed 1,000l. and their aggregate population 1,500.

"All future unions in any other form than that prescribed by this Act to be "void.

"Provisions, è converso, as in Clause 11, for disuniting united benefices; "written consent of patron necessary where they have been united more than 66 years.

"If benefice be full at the time of such disunion, Incumbent may resign one or more of the benefices, and Patron may thereupon present.

"Similar provisions for separating one only of the benefices where more than "two have been united, which Incumbent may then resign, and thereupon "Patron may present.

"Empowers the Queen in Council, upon the recommendation of the said "Commissioners in either of the cases of disunion before provided for, to appor"tion, with the written consent of the Patrons, the glebe lands, tithes, moduses, rent-charges, or other emoluments; and also the charges and outgoings, "together with the mortgages, if any, with the consent under hand and seal of "the mortgagees."

66

"Such lands, &c. when so apportioned, to belong to the Incumbent of the 'benefice to which they shall have been assigned."

"Empowers the Queen in Council to alter the boundaries of two contiguous "parishes, or to separate chapelries of ease from the Mother Church, and "unite them to some other contiguous benefice, or to any other chapelry of "ease similarly circumstanced, so as to form separate parishes or benefices. "Consent of patron to be under hand and seal; but order not to be binding on "the Incumbent until the next avoidance, unless he shall previously have con"sented thereto in writing.

"Empowers the Queen in Council, in the event of disputes arising as to the "detail of the foregoing changes to make a supplemental order within five "years."

21.

22.

23.

24.

25.

26.

27.

Holder of any cathedral preferment, benefice, or ecclesiastical duty, not to 2. take to farm more than eighty acres, without written consent of Bishop, which is to be limited to seven years. Penalty, forty shillings annually for every acre beyond eighty, [the whole to any informer].

Note. The proceeding by information or action at law is abolished, as against spiritual persons, throughout the Bill. For modes of proceeding, see Clauses 103 et seq.

Nor to trade or deal for profit. Bargain void, “as against the Clergyman." 3. Value of goods forfeited. But he may keep a school, or engage in instruction, 4. for profit. Or, buy for family or household use, and sell again. Or buy and sell cattle, corn, &c. for all purposes connected with lawful farming, &c.; but must not sell publicly in person.

"Residence to be kept in the house of residence (if any) belonging to the 5. "benefice." Penalties for absence without license or lawful exemption, according to the following scale:

3 Months and not exceeding 6. 1-3d value of living.

Whole year

The time to be accounted either together or at several times in any one year. Where no house " or no fit house" of residence, [residence for nine months 6. in the year within the benefice, or within the city, &c. where it is situated, if within two miles from the church, to be considered as legal residence], "the Bishop may license, for a certain specified time, any house within two miles "of the church, except in a city, market, or borough town, and then within "one mile only."

Houses purchased by the Governors of Queen Anne's bounty "as benefactions 7. "to poor benefices," not situate in, but so near to the parishes" in which such "benefices lie," as to be suitable for residence, shall be deemed houses of residence, after being duly approved by the Bishop.

Wherever a rectory has an endowed vicarage "or perpetual curacy," the 8. Vicar "or perpetual Curate" may reside in the rectory house, if the vicarage "or curacy" house be kept in proper repair to the Bsihop's satisfaction.

Persons to be wholly exempt from the penalties of non-residence "upon 10. "condition of their not holding more than one benefice with cure:" "Dean of any cathedral or collegiate church."

Head of any college or hall at Oxford or Cambridge.

"Warden of the University of Durham."

"Head" Master [or Usher] of Eton, Winchester, or Westminster.

Principal [or Professor] of the East India college.

in either of the Universities of Oxford or Cambridge.]—

[Public Tutor or Chaplain,

[or other such public officer in colleges or halls of the Universities.]—

[Public Librarian,

Public Registrar,

Public Orator,

[Proctor,

[or other such public officer in the Universities.]—

[Minor Canons,

• Introduced here, and omitted from Section XI. of the old Act.

28.

[Vicars Choral,

[Priest Vicars,

[or other public officers in cathedral or collegiate churches.][Chaplain General of the Forces.

[Chaplain of the Dock Yards.

Chaplains of British Ambassadors abroad.

[And those specially exempted by any other Act.]

Persons to be temporally exempt from the penalties of non-residence, and 10. permitted to account the time of their attendance or performance of duty as residence on some benefice:

Professors and public Readers,

whilst actually residing and lecturing in either University, "during the "time required by conditions of office; the fact of residence and per"formance of duties being certified yearly, under the Vice-Chancellor's "hand, to the Bishop of the diocese where the benefice is situated." Chaplains to the Queen or King; or their children, brothers or sisters, while actually attending in discharge of their duty.

Chaplains to Archbishops and Bishops, "while actually attending in discharge of duty as such."

Chaplain of the House of Commons,
Clerk or Deputy Clerk of the Closet,
of the Queen or King, [or Heir
Apparent,]

Chancellor,
Vicar General,
Commissary,

Archdeacon,

Dean,

Sub-Dean,

Priest,

Reader,

While actually attending and performing duties of office.

Of any diocese, whilst exercising the duties of office.

While upon visitations, or otherwise engaged in the exercise of his functions.

While [residing and] actually performing duty.

in Chapel Royal at St. James's or Whitehall, or in Queen's or King's private chapel, at Windsor, or elsewhere.

Provost of Eton and Warden of Win

During actual residence for required time.

[Scholars in the Universities, under thirty, abiding for study, without fraud.] Chaplains to temporal Lords of Parliament, and to other persons authorized by law to appoint Chaplains.]

[Preachers of the Inns of Court, or at the Rolls.]

[Fellow of any college in either of the Universities during the time for which he may be required to reside by any charter or statute, while actually residing.] 29. Under this clause,

"Priest Vicars,

"Vicars Choral,

"Minor Canons,"

or other Dignitaries of cathedral or collegiate churches, and "Fellows of "the colleges of Eton and Winchester," resident and on duty for [any] "the" period [not exceeding four months altogether within the year]

See Clause 27, in which Deans are introduced as wholly exempt.

11.

required by the local statutes," may account the same legal residence on some benefice, " provided they are not absent from their benefice for "more than five months altogether in any one year, including the time "of residence on the dignity, &c."

[Unlimited power to the Bishop to license the non-residence of any resident 12. Dignitary of a chapter, in case of its being required for the performance of the chapter duties.]

30. 66

31.

32.

33.

34.

Rights to exemptions and to petition for licenses of non-residence preserved "to all Incumbents and Dignitaries in possession, on 12th March, 1836."

Any non-resident Incumbent not keeping the house of residence in repair, 14. or, upon monition, not repairing it within a specified time, to the Bishop's satisfaction, to lose the benefit of his exemption or license, while the house is out of repair.

Every application for a license to be in writing, signed by the applicant, speci- 18. fying the various particulars enumerated in the clause, and to be filed in the registry of the diocese.

Discretionary power to the Bishop, upon application in writing, with such 15. proof of facts [upon affidavit] as he may require, to grant a license for nonresidence in the following cases, "the cause of granting it being specified in "the license :"

1. [Actual illness or infirmity,] "incapacity of mind or" body of the Incumbent.

"6 a cer

2. Where no house of residence, or house unfit, if not rendered so by the Incumbent's negligence, he keeping the house, if any, in good repair; "tificate being first produced to the Bishop from two neighbouring Incumbents, "countersigned by the rural Dean, if any, that no convenient house can be "obtained within the parish or within the limits prescribed by Clause 24."

3. Or to grant a license to reside in any mansion or messuage in the parish, "whereof Incumbent is the owner," he keeping the house of residence in proper repair.

[To the holder of any benefice of small value, serving as a licensed stipendiary Curate elsewhere, and providing for the service of his benefice to the satisfaction of the Bishop.

[To the master or usher of an endowed school licensed by the Bishop, and actually employed in teaching therein.

[To the master or preacher of any hospital or incorporated foundation, while residing, &c. for the period required by charter, &c.

[To the holder of any endowed lectureship, chapelry, or preachership, on actual duty, with the license of the Bishop.

[To the holder of any small benefice, serving as preacher in a proprietary chapel, with the Bishop's license.

[To the acting chaplain in any of the King's garrisons, in the Military Asylum at Chelsea, the Military College at Sandhurst, the Military College at Woolwich, the Royal Hospitals at Greenwich or Chelsea, Haslar or Plymouth, the Naval Asylum, the Royal Navy, the gaol of Newgate, or the Penitentiary at Milbank, or in any British factory.

[To the Principal Surrogate or Official in any Ecclesiastical Court. To the Librarian of the British Museum, or of Sion College.

To the Trustees of Lord Crewe's Charity.]

In case of refusal, applicant may "within a month" appeal to the Archbishop.

Discretionary power to the Bishop in any case, under special circumstances, 16. to grant a non-residence license; [and where a stipendiary Curate is employed, to assign to him a proper salary, having respect to the value and population of the benefice, and other circumstances;

[If no Curate, to appoint one;

[And to assign a salary, or an additional salary, as the case may be; and to cause such salary to be paid by sequestration.]

35.

36.

37.

38.

39.

40.

No such license to be valid until allowed and signed by the Archbishop; for which purpose the nature of it, the special circumstances, and the Bishop's reasons, are to be transmitted to the Archbishop, who, upon inquiry, by himself or a commission, has absolute power of refusal or alteration.

During the vacancy of a see, licenses may be granted by the guardian of the 19. spiritualities of the diocese; and in case of the Bishop's disability, by the person empowered to exercise his general jurisdiction in the diocese; "but not "to be valid without the signature of the Archbishop."

No license to continue in force [for more than three years,] or after 20. the 31st of December in the second year after the year in which it is granted.

A fee of ten shillings, exclusive of stamp-duty, to be paid to the Bishop's 15. Secretary for the license; "three shillings also to be paid to Registrar," and five shillings to the Secretary of the Archbishop, when license signed by Archbishop.

17.

License not to be void by the death or removal of the Bishop granting it. Any license may be revoked by the "Archbishop or" Bishop, or the successor 20. "of either of them,” time being given to show cause against such revocation; but an appeal to lie against such revocation "if" by [the] "a" Bishop, [Archbishop to order such fees and charges to be paid by appellant as he shall think fit.]

All grants or revocations of licenses to be filed in the registry within a 21. month.

A book to be kept with an alphabetical index, for inspection, on a fee of three shillings.

Copy of license to be transmitted by grantee, and of revocation by Bishop, within a month, to the churchwardens; to be by them produced and publicly read at the next Visitation, "unless in the meantime annulled by Archbishop "on appeal, and in that case to be forthwith withdrawn from registry or parish "chest."

"Grantee neglecting to transmit copy of license to churchwardens, to lose "the benefit thereof."

[Registrar neglecting to enter license or revocation to forfeit 51.]

41. A yearly return to be made to the Queen in Council of all licenses granted 22. or allowed by the Archbishop, specifying his reasons, or the reasons of the Bishops, as the case may be.

42.

43.

44.

The Queen in Council may revoke any such license, the order being transmitted to the Archbishop, then to the Bishop, and registered and communicated to the churchwarden, &c. as in last clause.

The license to be valid until actual revocation.

"Bishops annually to transmit to all Incumbents the questions contained in 23. "the schedule to this Act, with such others as may be directed by the Queen & "in Council." [Non-resident] Incumbents to transmit to the Bishop, [within 24. six weeks from the 1st January every year,] "within three weeks after receiving "such questions," [certain particulars specified in the Act,] "full answers "thereto, countersigned by the rural Dean, if any."

[Subject to a penalty of 201.]

Each Bishop to make an annual return to the Queen in Council, on or 23. before the 25th March, of all benefices; and of all Incumbents, resident and non-resident, by or without exemption or license; [of all licensed Curates, where Incumbent not resident, the amount of their salaries, and their places of residence-whether the living amounts to or exceeds three hundred pounds;] "and also the substance of the answers received to the questions transmitted as "aforesaid."

Course of proceeding to be adopted in cases of non-residence without lawful 26.

cause.

The Bishop, "instead of proceeding for penalties under this Act, or after "proceeding for the same," may issue a monition, to reside, and to make a