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CLASS I.

PARTI of Chaplains of the Royal Navy; and in case no Clerk No. 8. having so served shall be found, then, and in that case Stat. 1 only, any other sufficient Clerk who shall have been rated G.4. c. 106. and served as aforesaid for any shorter period, provided he

Descrip

son to be

be on the list of Chaplains of the Royal Navy: Provided always, that nothing herein contained shall exclude from the benefit of this Act any sufficient Clerk, who in the discharge of his duty as Chaplain in his Majesty's Navy shall have lost a limb, or suffered any wound or other injury equally prejudicial to the habit of body to the loss of a limb, provided he shall be on the list of Chaplains of the Royal Navy.

VII. And be it further enacted, That in case the nomition of per- nation to the said Chapelry of Humshaugh shall lapse either licensed to to the Lord Bishop of Durham for the time being, or to the the chapel- Metropolitan, or to the Crown, no spiritual person shall be shaugh, in capable of being licensed to the said Chapelry, save and ex

ry of Hum

case of lapse of nomination

thereto.

Proviso.

cept a Clerk being in Priest's Orders, who shall have taken
a Degree in one of the three Universities of Oxford, Cam-
bridge, or Dublin, and who shall have been rated and served
as a Chaplain in the Navy during three years at the least on
board any of his Majesty's ships actually employed in ser-
vice at sea, and who shall be on the list of Chaplains of the
Royal Navy; and if no such can be found, any other suffi-
cient Clerk who shall have been rated and served for six
years on board any of his Majesty's ships, and who shall be
on the list of Chaplains of the Royal Navy; and if no such
can be found, then, and then only, any other sufficient
Clerk, who shall have been rated and served as aforesaid for
any
shorter period, provided he shall be on the list of Chap-
lains of the Royal Navy: Provided always, that in case no
Clerk or Spiritual Person who shall have served in the Royal
Navy, and shall be on the list of Chaplains as aforesaid,
shall be found sufficient, proper, and willing to accept any
of the said Rectories, or the said Perpetual Curacy, then
and in that case it shall be lawful for the said Commissioners
and Governors, or in case of lapse, the said Lord Bishop
of Durham, or the Crown, to nominate a sufficient Clerk
or Spiritual Person to such vacant Rectory or Curacy who
has not been a Chaplain in the Royal Navy.

CLASS II.

STATUTES RELATING TO PRESENTATIONS, PLURALITIES,
AND SIMONY.

Anno 21 HEN. VIII. Cap. 13. Sect. 9, 10, 13, 14, 15,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 33.

Spiritual Persons abridged from having Pluralities of
Livings, and from taking of Ferms, &ca.

PART I. CLASS II.

No. 1.

Stat. 21

H. 8. c. 13.

ralities.

IX. AND be it enacted by the authority aforesaid, That if The penalany person or persons having one benefice with cure of ty of plusoul, being of the yearly value of eight pound or above, ac- Cro. El. cept and take any other with cure of soul, and be instituted 601, 853. and inducted in possession of the same, that then and im-1 Leonard mediately after such possession had thereof, the first benefice 84. Co. pl. shall be adjudged in the law to be void b.

316. March

f. 368, 511.

434. Cro.

X. And that it shall be lawful to every Patron, having b. Moor the advowson thereof, to present another, and the presentee El. 351, to have the benefit of the same, in such like manner and 601, 853. form as though the Incumbent had died or resigned: any Dyer 237, licence, union, or other dispensation to the contrary hereof 351, 377. obtained notwithstanding. And that every such licence, 4 Co. 75, union, or dispensation had, or hereafter to be obtained 78, b. contrary to this present Act, of what name or names, quality or qualities, soever they be, shall be utterly void, and of none effect.

licences,

XIII. Provided also, That all spiritual men now being, Who may or which hereafter shall be of the King's Council, may pur-purchase chase licence or dispensation, and take, receive, and keep and have three parsonages, or benefices, with cure of soul; and that more beneall other being the King's Chaplains, and not sworn of his fices with Council, the Chaplains of the Queen, Prince, or Princess, or of souls than

cure of

one.

The omitted sections of this statute which prohibited spiritual persons 13 Co. 5. from farming and engaging in trades were repealed by stat. 43 Geo. 3. c. 84, and subsequently by stat. 57 Geo. 3. c. 99. in which are contained other enactments of a similar nature.

The valuation must be that of the King's books. Gibs. 906. If a Clergyman in possession of a living above 81. a year, accepts of a second under that value, it is an absolute avoidance of the first; if being in possession of a living under 87. he takes a second without a dispensation, the first is voidable at the election of the patron. 3 Atk. 455. Until deprivation, no advantage can be taken by lapse. N. B. By leave of the Bishop and Patron, a Clergyman may hold any number of benefices, if they are all under 87. per annum, except the last; and then by a dispensation being qualified under the Statute, he may hold one more. 1 Bla. Com. 392. By 36 Geo. 3. a perpetual curacy augmented by Queen Anne's Bounty, is a benefice presentative; and institution to such a curacy will render other livings voidable. And see 59 Geo. 3. c. 40. Part I. Class II. No. 2.

L

PART I. any of the King's children, brethren, sisters, uncles, or aunts, CLASS II. may semblably purchase licence, or dispensation, and retain and keep two parsonages and benefices with cure of soul.

No. 1.

Stat. 21

H. 8. c. 13.

4 Co. 90, 119.

Co. pl. 203,
513.
Cro. El.
723.

4 Co. 73, 80, 117.

1 Anders. 200.

XIV. And in like wise, that every Archbishop and Duke may have six Chaplains, whereof every one shall and may purchase licence or dispensation, and take, receive, and keep two parsonages or benefices with cure of soul.

XV. And that every Marquis and Earl may have five Chaplains, whereof every one may purchase licence or dispensation, and take, receive, and keep two parsonages or benefices with cure of soul.

XVI. And that every Viscount, and other Bishop, may have four Chaplains, whereof every one may purchase licence, and receive, have, and keep two parsonages or benefices with cure of soul, as is aforesaid.

XVII. And that the Chancellor of England for the time being, and every Baron, and Knight of the Garter, may have three Chaplains, whereof every one shall now purchase licence or dispensation, and receive, have, and keep two parsonages or benefices with cure of soul.

XVIII. And that every Duchess, Marchioness, Countess, and Baroness, being widows, may have two Chaplains, whereof every one of them may purchase licence or dispensation, to receive, have, and keep two benefices with cure of soul.

XIX. And that the Treasurer and Comptroller of the King's House, the King's Secretary, and Dean of his Chapel, the King's Amner, and the Master of the Rolls, may have every of them two Chaplains; and the Chief Justice of the King's Bench one Chaplain; and the Warden of the Five Ports for the time being, one Chaplain; whereof every one may purchase licence, and receive, have, and keep two parsonages or benefices with cure of soul.

XX. And that the brethren and sons of all Temporal Lords, which are born in wedlock, may every of them purchase licence or dispensation, and receive, have, and keep as many parsonages or benefices with cure, as the Chaplains of a Duke or an Archbishop.

XXI. And likewise the brethren and sons born in wedlock of every Knight, may every of them purchase licence or dispensation, and receive, take, and keep two parsonages or benefices with cure of soul.

Chaplains XXII. Provided always, That the said Chaplains so purshall shew chasing, taking, receiving, and keeping benefices with cure the letters of soul, as is aforesaid, shall be bound to have and exhibit, where need shall be, letters under the sign and seal of the Masters. King, or other their Lord and Master, testifying whose Chap

of their

Lords or

lains they be, and else not to enjoy any such plurality of be- PART I. nefices by being such Chaplain, any thing in this Act not- CLASS II. withstanding.

No. 1.

Stat. 21

Law may

fices with

XXIII. Be it also provided, That all Doctors, and Bache-H. 8. c. 13. lors of Divinity, Doctors of Law, and Bachelors of the Law Doctors Canon, and every of them, which shall be admitted to any and Bachof the said degrees by any of the Universities of this realm, elors of Diand not by Grace only, may purchase licence, and take, vinity and have, and keep two parsonages or benefices with cure of by dispensoul; so that always the said liberty, by any of the pro- sation have visions aforesaid given to any of the said Counsellors, Chap- two benelains, and other persons before specified, to purchase licence cure. or dispensation, and take, receive, and keep more benefices No dispenthan one, after the manner and form aforesaid, be taken and sation can understood to extend in number to no mo benefices with license any cure of soul, than is above limited, accounting in the same, above two and as parcel thereof, such benefices with cure of soul, as benefices. any the said persons shall have in real title, or in their possession, at the said first day of April, in the year of our Lord one thousand and thirty.

to bave

eight Chap

XXIV. Provided also, That every Archbishop, because Archbishop he must occupy eight Chaplains at consecrations of Bishops, may have and every Bishop, because he must occupy six Chaplains at lains, and giving of orders, and consecration of churches, may every of every Bithem have two Chaplains over and above the number above shop four. limited unto them, whereof every one may purchase licence and dispensation, and take, receive, and keep as many parsonages and benefices with cure of soul, as is before assigned to such Chaplains.

pl. f. 515.

pl. 712.

XXV. Provided also, and be it enacted by authority Savil. 79, aforesaid, That no person or persons, to whom any number 101. Co. of Chaplains, or any Chaplain, by any of the provisions Moor 561. aforesaid is limited, shall in any wise, by colour of any of pl. 763. the same provisions, advance any spiritual person or persons, Moor 540. above the number to them appointed, to receive or keep any Moor 542. mo benefices with cure of soul, than is above limited by this pl. 719. Act, any thing specified in the said provisions notwithstanding; and if they do, then every such spiritual person and persons, so advanced above the said number, to incur the pain and penalty contained in this Act.

non-resi

XXIX. Provided also, That it shall be lawful to every The King's spiritual person or persons, being Chaplains to the King licence of our Sovereign Lord, to whom it shall please his Highness once. to give any benefices or promotions spiritual, to what number soever it be, to accept and take the same, without incurring the danger, penalty, and forfeiture in this Estatute

PART I. comprised; and that also it shall be lawful to the King's CLASS II. Highness, to give licence to every of his own Chaplains for Stat. 21 non-residence upon their benefices; any thing in this present H. 8. c. 13. Act contained to the contrary notwithstanding a.

No. 1.

The Chap

XXXIII. Provided always, that every Duchess, Marlains of a quess, Countess, Baroness, widows, which have taken, or Duchess, that hereafter shall take any husbands under the degree of &c. which a Baron, may take such number of Chaplains, as is above have taken limited to them being widows; and that every such Chaplain

husbands.

may purchase licence to have and take such number of benefices with cure of soul, and have like liberty of non-residence, in manner and form as they might have done, if their said Ladies and Mistresses had kept themselves widows, any thing in this present Act contained to the contrary notwithstanding.

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Anno 59 GEO. III. Cap. 40.

An Act to secure Spiritual Persons in the Possession of Benefices in certain Cases. [14th June, 1819.]

WHEREAS certain spiritual persons having been possessed of two benefices, which they were lawfully entitled to hold together by virtue of a dispensation granted by the Lord Archbishop of Canterbury, and confirmed under the Great Seal, have afterwards, without having resigned or otherwise vacated one of the benefices so held by them, obtained a new dispensation to hold another benefice with one of those benefices of which they were before possessed, and have thereupon been put into the possession of such other benefice, by nomination, licence, institution, collation and induction, as the nature of the said benefice might require : and whereas doubts have arisen whether, for want of the previous resignation or other vacation by such spiritual persons of such one of the benefices before possessed by them by dispensation, as was not intended to be held with the last taken benefice, the subsequent dispensation was valid in law, and whether not only the benefice intended to be made void, but also the other benefice so previously possessed by such spiritual persons, and intended to be held by them with the other benefice by virtue of such subsequent dispen

a A presentation of the King of his own Chaplain imports a dispensation, which the King himself as supreme ordinary has a power to grant ; but if the King's Chaplain be presented to a secoud benefice by a subject, a dispensation is necessary.-Brown v. Mugg. 1 Salk. 161. A Chaplain in ordinary, and not a Chaplain extraordinary, is the Chaplain within the benefit of the statute. Ibid.

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