s. 2. Eng.

s. 3.

other protestants who conscientiously scruple the taking an oath, upon their making such declarations or affirmations to the same effect as prescribed by the 8 Geo. 1. c. 6. Eng.) before the chief julge or other judge of such colony, are to be deemed natural born subjects of Great Britain; but all such foreign protestants (except quakers) are further required to receive the sacrament in some reformed or protestant church, in Great Britain, or in some one of the colonies, within 3 months before taking such oaths, &c. and at the time of taking the oaths to produce a certificate thereof, signed by the person administering the sacrament, and attested 13 Geo. 2. c. 7. by 2 witnesses. And with respect to Jews, they, as well as quakers, are exempt, by the 13 Geo. 2. c. 7. s. 2. Eng. from taking the sacrament: and by s. 3. whenever any Jew shall present himself to take the oath of abjuration in pursuance of this act, the words upon the true faith of a Christian," shall be omitted. 2 Geo. 3. c. 25. By the 2 Geo. 3. c. 25. Eng. all foreign protestants who Eng. have served or shall serve in the royal American regiment, or as engineers in America, for 2 years, who shall take the oaths appointed by 1 Geo. 1, st. 2. c. 13. and shall at the time produce certificates of their baying received the sacrament in some protestant and reformed congregation within Great Britain, or within some of the colonies in America, within 6 months before, shall be deemed to be natural subjects of Great Britain. These acts also exclude those who are excepted by the 7 Ann. * Ante page304 C. 5. s. 3. ;* and contain the same restrictions as the 12 ↑ Ante page 305 & 13 W. 3. c. 2. But by the 13 Geo. 3. c. 25. Eng. every person that shall become a natural born subject by virtue of the 13 Geo. 2. c. 7. or 3 Geo. 3. c. 25. shall be capable of taking and holding any office or place of trust, either civil or military, and of taking any grant of lands, &c. from the crown, except offices and grants, within Great Britain and Ireland.

13Geo. 3. c.25.

Eng.

CHAP.

CHAP. XI.

Of the Clergy.

ers.

21 Hen. 8. c. 13,

43 Geo.3. c.84.

THE statutes which relate to the personal exemp$ 1. tion of the clergy from serving on juries, their pri- Clergy excluded from being farmvileges from arrests in civil suits, and the distinctions in their favour in cases of conviction for felony, will all fall under consideration in the subsequent pages of this Digest; and the statutes which declare their incapacity to be elected, or to sit as members of the house of commons, have been already noticed in the proper place. I proceed therefore, (according to the order of Sir William Blackstone) to the 21 Hen. 8. c. 13. Eng. Eng as amended by the 43 Geo. 3. c. 84. E. which respects the E. disability of spiritual persons in England to take lands or tenements to farm. The former of these statutes enacted that no spiritual person should take to ferm, to himself or any person to his use, of the lease or grant of the king, or of any other person, by letters patent, indentures, words or otherwise, any manors, lands, tenements or hereditaments, for the term of life, for years, or at will, upon pain to forfeit £10. for every month that he or any one to his use should occupy the same, one half to the king, and the other half to the person suing for the same in any of the king's courts, by action of debt, &c.; and by s. 3. all such leases were declared to be void: and by s. 30. spiritual persons beneficed with cure of souls, were also prohibited from occupying by themselves or any others to their use, by authority of any license, dispensation, or otherwise, any parsonage or vicarage in ferm, and from taking any profit or rent thereout, upon pain of forfeiting 40s. a week, and ten times the value of such profit or rent, one half to the king, and the other half to the person suing for the same, to be recovered as by s. 1. And by a special proviso (s. 31.) no deanery, archdeaconry, chancellorship, treasurership, chantorship, or prebend in any cathedral or collegiate church, or parsonage having a vicar endowed,

s. 3.

s. 30.

S. $1.

S. 4. E.

4.

Exceptions.

or any benefice perpetually appropriate, is to be comprehended under the name of benefice having cure of souls, within the meaning of this act. But this act was declared by s. 4. not to extend to any spiritual person taking to form any temporalities during the time of vacations of any archbishopricks, bishopricks, cathedral or collegiate churches, &c. nor to any spiritual person that shall tender a traverse upon any office concerning his freehold. This act contained some further exceptions, but is in 43 Geo.3.c.8. this respect amended by the 43 Geo. 3. c. 84. E, which enacts (s. 4.) that it shall be lawful for any spiritual person to take to farm, to himself or to any person to his use, by lease, grant, words or otherwise, for term of life or years, or at will, any messuage, mansion or dwelling-house, with or without orchards, gardens, and other appurtenances, although not in any city, borough, or town; and any spiritual person having or holding any *donative, perpetual curacy, or parochial chapelry, not having sufficient or convenient glebe or demesne lands annexed to or in right of his benefice, or cure, or chapelry, or any stipendiary curate, or any unbeneficed spiritual person, may, with the consent of the bishop of the diocess, signified in writing, take to ferm, &c. for a limited term of years, any farm, lands, &c, that may appear to such ́bishop proper to be taken or occupied by such spiritual person, for the convenience of his household and hospitality only; but this act shall not extend to authorize any non-residence of any such spiritual person. By s. 5. any spiritual person may by himself, &c. have or occupy in ferm, any lands, &c. demised or granted to such person as his property or estate; or take, purchase, receive, or hold as his property, &c. any lease. for life or lives, or for years absolute or determinable on any life or lives, or take any annual rent, or other annual profit by occasion of any lease or ferm of any lands, &c. the property or estate of such spiritual person, either in his own right, or in right of any other person, or by reason of any spiritual dignity or benefice: but nothing herein shall extend to authorize any spiritual person having or holding any dignity, prebend, benefice, donative,

3.5.

*The omission of the word benefice in this act, is supplied by the 43 Geo.3.c.109

donative, perpetual curacy, or parochial chapelry, or serving a stipendiary curacy, to take, &c. any such lands, &c. for the purpose of occupying the same, for the cultivation thereof, or procuring profits therefrom, by himself, or any bailiff or servant for his use, unless under a lease granted to such person on or before 1st January, 1803, or unless by the consent of the bishop signified as aforesaid. And by s. 7. any spiritual person having any vicarage or perpetual curacy, or the stipendiary curate thereof, may occupy by himself or any person to his use, in ferm, of the lease or grant of any person, the impropriate parsonage, rectory, or vicarage, of the parish of which such person shall be the vicar, &c. or any part thereof, or take any profit or rent out of any such farm: but by s. 8. where such impropriate parsonage, &c. shall not before the passing of this act (7 July 1803) have been so occupied by such spiritual person, such person shall remain liable to the penalties of the 21 Hen. 8. unless he shall have obtained the license of the bishop for so occupying the same. And it is further provided (s. 9.) that any clergyman possessed of any dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, who shall be licensed or otherwise exempted from residence under this or any other act, may take to ferm and occupy in the parish where he resides, or any adjoining parish, such lands for the convenience of his household and hospitality only, as the bishop of the diocese in which he resides may allow by any writing under his hand.

5.7.

s. 8.

5.9.

21 Hen, 3. c.13.

By the 21 Hen. 8. c. 13. s. 5. Eng. spiritual persons Restraint upon were prohibited from buying to sell again for profit, in any buying or selling spiritual persons markets, fairs, or other places, any manner of victual or cattle, &c. merchandize, upon pain to forfeit treble the value thereof: s. 5. Eng. and every such bargain and contract is thereby declared to be void. But the 43 Geo. 3. c. 84. s. 6. E. with re- 43 Geo. 3. c.S4. 3. 6. E. ference to this and other clauses of the 21 Hen. 8. provides, that it shall be lawful for any spiritual person, by himself or any other to his use, to bargain, and buy or sell again for profit any manner of cattle or corn, that may be necessary proper or convenient to be bought, sold, kept, or maintained, for the occupation, manuring, improving, pasturage, or profit of any farms, lands, &c.

that

21 Hen.8 c. 13.

s. 32. Eng.

Tanning and bretsing restrained.

$. 3. E. & L.

that may by virtue of this act or of any other law be lawfully held and occupied by such spiritual person: provided however that such spiritual person shall not buy or sell any cattle or corn in person, in any market, fair, or place of public sale. It is also a provision of the 21 Hen. 8. c. 13. (s. 32.) that no spiritual person shall have, use, or keep by himself or by any person to his use, any tanhouse to be used or occupied to his own behoof; or any brewhouse for any other use than that of his own house, upon pain of forfeiting £10. for every month he shall so use or occupy any of said mysteries or occupations: such penalties to be disposed of and recovered as by s. 1. ante. $ 2. II. The first provision of the Great Charter is, that the Elections af bi- church of England shall be free, and shall have all her shops, &c. free. rights and liberties inviolable. And the 50 Edw. 3. c. 1.; 3 Ric. 2. c. 1.; and 5 Ric. 2. st. 1. c. 1. in like manner as25 Faw. 3.st. 6. sert the rights of the church. The 25 Edw. 3. st. 6. s. 3. E. & I. also provides, that the free elections of archbishops, bishops, and all other dignities and benefices elective in England, shall continue in like manner as they were granted by the king's progenitors, and the ancestors of other lords, founders of the said dignities, &c. and that all prelates and other people of the holy church, which have advowsons of any benefices, of the king's gift, or of any of his progenitors, or of other lords and donors, to perform divine services and other duties, shall have their collations and presentments freely to the same, according as they were enfeoffed by their donors. By the 25 Hen. 8. c. 20. s. 4. Eng. (which was revived and confirmed by the 1 Eliz. c. 1. s. 7.) at every avoidance of every archbishoprick or bishoprick within the realm, or in any other the king's dominions, the king may grant to the dean and chapter of the cathedral church of such vacant see, a license under the great seal, as of old time accustomed, to proceed to the election of an archbishop, &c. with a letter missive containing the name of the person whom they shall elect; who shall accordingly be chosen and none other. And if they defer or delay their election above 12 days next after such license or letters missive to them delivered, then the king shall nominate and present by his letters patent under the great seal,

251len.8. c.20. s. 4. Eng.

Mode of electing bishops.

such