by s. 39. every archbishop, bishop, and archdeacon within the limits of whose province, diocess, or jurisdiction, any dignity, &c. exempt or peculiar, shall be, shall have all the powers necessary for the execution of this act, as if the same were not exempt: and where any such dignity, &c. shall be situate in more than one province, &c. or between the limits of two, the archbishop or bishop, to whose cathedral the parish church shall be nearest, shall have the like powers; and the same shall also be within the jurisdiction of the archdeacon, whose parish church is nearest to the church of such dignity, &c. This act (s. 40.) contains a saying for the king's prerogative in granting dispensations for non-residence; and for the privileges of clerks retained in the king's service under the statute 9 Edw. 2. c. 8. And by s. 41. no archand privileges bishop or bishop who shall have any dignity, &c. shall by reason of non-residence upon the same be subject to any penalties or forfeitures. s.40. Saving for king's preroga tice, s. 41. of bishops. Residence of clergy of Ireland enforced. s. 1. to S. I. 8. 9. s. 12. s. 10. The 48 Geo. 3. c. 66. I. contains provisions for enforcing the residence of spiritual persons on their bene48 Geo.3. c. 66. fices in Ireland similar to those of the 43 Geo. 3. c. 84. $. 29. to 35. and 38. & 39. supra. And this act also by s. 9. contains a saving for the king's prerogative in grant, s. 15. & 16. ing dispensations: and by s. 15. & 16. for the privileges of the peers, archbishops, and bishops of Ireland respecting chaplains. By s. 12. special exemptions are granted to the chaplains of the lord lieutenant, the fellows of Trinity College, Dublin, and others. And this act is also declared (s. 10.) not to extend to parsonages having a vicar endowed, or perpetual curacies, and having no cure of souls. And by both acts a return is required to 43 Geo.3.c.84. be made on or before the 25th March in every year, to the king in council, by the several archbishops and bishops, of the persons who shall not have resided on the respective benefices, &c. within their dioceses or jurisdiction. It is observable that the clause (s. 37.) of the 43 Geo. 3. c. 84. E. which enacts, that no oath shall be required of, or taken by any vicar in relation to residence. on his vicarage, has not been adopted in the 48 Geo. 3, c. 66. I, though such oath is usually taken by vicars in Ireland. s. 17. 8. 25. E. 36 Hen. 6. c. 1. Ir. s. 14. Ir. s. 11. & 12. Ir. Ireland. * All beneficed persons were required by the 36 Hen. 6. c. 1. Ir. to keep residence continually in Ireland, or otherwise the issues and profits of their benefices to be divided, half to the uses of their benefices and churches, and the other half to be expended in the wars in defence of Ireland and any grants of absency by the king were declared void; but students, pilgrims, and those absent on necessary suit for reformation of their benefices were excepted, By the 1 Gen, 2. c. 19. s. 14. Ir, in case the 1 Gen. 2. c. 18. incumbent of any church or chapel augmented or endowed under this act, shall be absent from his cure above 61 days in any year, without license of the archbishop, bishop, or ordinary, such church, &c. shall be void, and such incumbent, &c. for ever disabled to hold the same. And by the 29 Geo. 2, C, 18. F. 11. & 12. Ir. if the in- 29 Gen 2.2.18. cumbent of any benefice, living, or curacy, whose maintenance shall be augmented by the grant of an annual salary or otherwise by the trustees of first fruits pursuant to this act, shall not reside, or be wilfully absent from the cure of such augmented church or chapel, for above 61 days in any year without the previous license of the bishop of the diocess, or from the guardian of the spiritualities under his episcopal seal of office, for good causes in such license expressed, and a certificate thereof under the hand and archiepiscopal or episcopal seal of office of the archbishop, &c. so granting the same; and unless such parson, vicar, curate, or minister so absent by virtue of such license shall provide a sufficient parson to be approved of by the archbishop, &c, to supply the cure during such absence; or if there shall be a discontinuance of the performance of divine service, except for causes to be approved of by the archbishop, &c. and certified to the trustees as aforesaid; such salary or augmentation shall cease during his incumbency, glebe houses, In order to promote the residence of the parochial cler- Incumbents engy, the 17 Geo. 3. c. 53. s. 1. Eng. enables the parson, vicar, abled to build or other incumbent of any ecclesiastical living, parochial benefice, chapelry, or perpetual curacy, being under the jurisdiction of the bishop or ordinary, whereon there is *Vide Browne's Civil Law, vol. 2. p. 244. no 17 Geo.3. c. 55, s. 1. Eng. Eng. s. 6. no house of habitation, or such house is become so ruinous and decayed, or so mean, that one years neat income of such living will not be sufficient to build, rebuild, or to put the same with the necessary offices in sufficient repair, to borrow with the consent of the ordinary and patron of such living, such sum not exceeding 2 years neat income of such living, as shall appear (by such estimate as hereby prescribed) to be necessary for said purpose; and to mortgage the glebe, tithes, rents, and other profits of such living, for 25 years, as a security for the repayment of the principal, interest, and costs: and by this act (s. 6.) as amended by the 21 Geo. 3, c. 66. Eng. the incumbent of every such living, and his successors, shall pay to such mortgagee, beside the interest of the principal sum 'yearly, the sum of £5. per cent. per annum, if resident, or £10. per cent, per annum, if not resident for 20 weeks in each year, of the money originally advanced, until the whole of said principal money shall be 17 Geo. 3. c. 53. discharged. The 17 Geo. 3. c, 53. s. 8. Eng. also provides, that where the income of such living exceeds Power of ordi- £100. a year, and the incumbent does not reside 20 nary in default weeks within a year, it shall be lawful for the ordinary with the consent of the patron, in case the incumbent shall not think fit to lay out one year's income, or to make such application for aid as aforesaid, to proceed in the execution of this act, in such manner as the parson, &c. is hereby directed to proceed. And by s. 10. where new buildings are necessary for the residence of the inGlebes, &c. may cumbent, the ordinary, patron, and incumbent, may s. 8. Eng. of incumbent. s. 10. be bought purchase any convenient house within a mile of the church, and a certain portion of land adjoining or convenient thereto, not exceeding 2 acres, if the annual value be less than £100. per annum, nor 2 acres for every £100. per annum, if of greater value; and such purchase money shall by s. 11. be raised by sale or exchange of part of the glebe or tithes of such living. And the governors of queen Anne's bounty are enabled by s. 12. to lend any sum not exceeding £100. with respect to such bounty empow livings as shall not exceed the clear value of £50. or where the annual value shall exceed that sum, then any s. 11. s. 12. Governors of queen Anne's ered to lend money. sum sum not exceeding 2 years income of such living, upon mortgage for securing the repayment of such principal sum, but without interest. Ireland. s. 1. & 8. Ir. c. 17. s. 6. Ir. 40 Geo. 3. c.83. The statutes which have been passed to encourage the Building of building of houses, and making other improvements on glebe-houses in church lands, and to prevent dilapidations, in Ireland, are very numerous; but I shall confine myself to stating their principal provisions:-By the 10 W. 3. c. 6. Ir. as amended 10 W. 3. c. 6. by the 12 Geo. 1. c. 10. Ir.; 9 Geo. 2. c. 13. Ir.; 11 & 12 12 Geo. 1. c. 10. Geo. 3. c. 17. Ir.; and 40 Geo. 3. c. 82. Ir. every archbishop, s. 1. 2. 3. 4. Ir. bishop, or other ecclesiastical person that shall make, 9 Geo. 2. c. 13. build, erect, add to, or repair any house, out-house, 11 & 12 Geo. 3. garden, orchard, or other necessary improvement, on any lands in his possession belonging to his see or church, s. 1. Jr. that shall be certified to be fit for the residence of him and his successors, shall receive from his next successor, his executors or administrators, 3-4ths of the sum really expended in such buildings and improvements (necessary Apportionment of expenses. annual reparations only excepted); which sum shall be ascertained by certificate under the hand and seal of the chief governor for the time being, in the case of an archbishop; and of the archbishop of the province, in the case of a bishop; and by the like certificate of the Certificate required. bishop of the diocess in all other cases; (or in the absence of such archbishop or bishop from the kingdom, by their vicar-general;) and such certificate shall contain a true account of the clear yearly value or income of said archbishoprick, bishoprick, or living, (or union of bishopricks or livings), as the same shall be proved to be before such person who shall grant such certificate, and shall be entered in the registry of the diocess, and an exemplification thereof, under the hand and seal of the archbishop or bishop, shall be evidence, in case the original shall be lost, mislaid, or detained: and such successor having paid the 3-4ths of the sum so certified, his executors or administrators shall receive from his next successor 2-3ds thereof, that is, one moiety of the sum in the first certificate mentioned; which successor, having paid said moiety, his executors or adminis trators, shall receive from his next srccessor one-half Mode of recom thereof; to be recovered either by distress of any of the ring porti lands onment. s. 3. Ir. 5. 4. Buildings to be of good mate rials. s. 8. Ir. lands or tenements of such archbishoprick, &c. belonging: to such successor, or by sequestration of one moiety of the rents and profits of such see or benefice, (which sequestration is to be granted by the chief governor in the case of an archbishop, and by the archbishop of the province in the case of a bishop, and by the bishop of the diocess in all other cases;) or by action of debt in any court of record, at the election of the party suing 12 Geo. 1. c.10. for the same: But by the 12 Geo. 1. c. 10. s. 3. no successor shall be obliged to pay his predecessor, or his ex-' ecutors or administrators, any more than 14 year's income so limited as aforesaid. By s. 4. no certificate shall be given for any dwelling-house or building, unless the same be made of stone and lime, or brick and lime, and timbered in the roof and in the floors of such dwelling-house with oak or fir timber, (bog oak excepted) and covered 25 Geo. 3. c.49.. with slates, shingles, or tiles (or copper by the 25 Geo. 3. c. 49.) and the building strong and durable; except livings under £100. a year, where such buildings may be covered with thatch, provided the timber is such as before specified. And by s. 7. of this act, as amended by the 9 Geo. 2. c. 13. 9 Geo. 2. c. 13. s. 7. every archbishop, &c. intending to erect or make any building or improvement, shall a fortNotice of in- night at least before he begins the same, give unto the tended improveperson empowered to give such certificate as aforesaid, a writing subscribed with his hand in the presence of 2 witnesses, setting forth the length, breadth, height, and thickness of the wall of such house; with the number of stories to be contained therein, together with the situation of the ground on which the same is to stand, and also the nature and extent of all other improvements which he intends to make; a copy of which, if approved of, shall be returned unto such archbishop, &c. subscribed by the person unto whom the same is given; and if the said house or improvements, or so much thereof as shall be built or made before the death or removal of the incumbent undertaking the same, shall be found agreeable to such writing, and the value reported by commissioners, 25Geo.3.c. 21. a certificate shall be given accordingly. By the 25 Geo. 3. c. 21. s. 1. Ir. though the completion of the works shall s. 7 Ir. Thents. s. 1. Ir. not |