such person as he shall think able and convenient for the admit 3.5. 5. 6. 6. 7. adınit, maintain, obey, or execute any censures, excommunications, interdictions, inhibitions, or other process to the contrary, or let of the due execution of this act, every such archbishop, &c. so offending and their aiders, counsellors, and abettors shall incur the penalties of the sta*lide Book 4. tutes 25 Edw. 3. st. 5. c. 22. and 16 Ric. 2. c. 5.* This ch. S. statute of Henry VIII. was repealed by the 1 & 2 Ph. & M. c. 8. s. 9. Eng.; but was revived by the 1 Eliz. c. 1. s. 7. Eng. and further confirmed by the 8 Eliz. c. 1. Eng. which enacts (s. 5.) that archbishops, bishops, priests, deacons, and ministers shall be consecrated, made, and ordered in such manner and form as prescribed by the Book of Common Prayer, which was established by authority of the 2 & 3 Edw. 6. c. 1. Eng. and 5 & 6 Edw. 6. c. 1. Eng. In Ireland the 2 Eliz. c. 4. Ir, has taken away the writ of conge d' elire, and thereby made bishopricks donative, 2 Eliz. c. 4. Ir. instead of elective. This Irish statute recites, that the s Eliz. e. 1. s. 5. Eug. Mode of ap pointing bishops in Ireland. elections of archbishops and bishops, by deans and chapters, were in very deed no elections, but only by a writ of conge d'elire have colours, shadows, or pretences of elections, serving to no purpose, and seeming derogatory to the royal prerogative, and therefore enacts, that no conge d' clire be granted, nor election of any archbishop or bishop by the dean and chapter made, but that the crown may by letters patent under the great seal of England or Ireland, or the chief governor of Ireland for the time being having instructions, letters missive or other warrant from the crown, &c. may, by letters patent to be made by his warrant under the great seal of Ireland, when any archbishoprick, &c. shall be void, confer the same to any person whom the crown shall think meet; which collation so made and delivered to such person, or to his sufficient proctor and attorney, shall be of the same effect, as if a conge d' elire had been given, and election duly made and confirmed: and such person may be consecrated, and sue his livery or ousterlemain, as if the said ceremonies had been performed. This act has so far followed the 1 Edw. 6. c. 2. Eng. which was repealed by the 1 Eliz. c. 1. Eng. but in other respects pursues the 25 Hen. 8. c. 20. Eng. as to the signifying of collations by the crowụ or chief governor, and as to the investing and consecrating, and and thrononizing or installing the archbishop or bishop so collated: and such ceremonies of investing, &c. are in like manner required to be performed within 20 days after the letters patent of collation shall come to the hands of the archbishop, &c. to whom the same shall be signified, and all acts or offences contrary to this statute, are in like manner prohibited, upon the like pain of incurring the penalties of the 25 Edw. 3. st. 5. c. 22. E. & I. and 16 Ric. 2. c. 5. E. & I. ons, &c. s. 3. Eng. S. 4. The 25 Hen. 8. c. 21. Eng. enacts, (s. 3.) that the arch- Power of grantbishop of Canterbury shall have power to grant unto the ing dispensatiking, by an instrument under seal, all such licenses, dis- 25 Hen.8.c.21. pensations, compositions, faculties, grants, rescripts, delegacies, instruments and other writings for causes not repugnant to the holy scriptures, as had been used to be obtained at the see of Rome; and all such other licenses, &c. as shall be convenient and necessary for the honour and surety of the king, and the wealth and profit of the realm, so that such cause or matter be not repugnant to the laws of God. And by s. 4. the said archbishop after due examination of the causes and qualities of the persons procuring for licenses, &c. may in like manner grant to any of the king's subjects, such licenses, &c. as were accustomed to be had at the see of Rome, or by authority thereof, or of any prelate of this realm. But by s. 5. no dispensation, &c. shall be granted in cases unwont, without the approbation of the king or his council, upon pain of being fined at the king's pleasure. And by s. 6. all dispensations in matters of importance are to be first confirmed by the king under the great seal, and inrolled in chancery. And it is provided (s. 15.) that this act shall not be prejudicial to the archbishop of York, or to any other prelate, but that they may lawfully dispense in all cases in which they were wont to dispense by the common law or custom of the realm. By s. 16. where the see of Canterbury shall be void, such licenses, dispensations, &c. may be granted under the name and seal of the guardian of the spiritualities of said archbishoprick: and by s. 17. if the said archbishop of Canterbury or the guardian of the spiritualities shall refuse or deny to grant any 3. 5. s. 6. s: 15. s. 16. s. 17. any such licenses, &c. the chancellor of England shall upon* complaint thereof direct the king's writ to the said archbishop, &c. enjoining him upon a certain pain therein to be limited, by the direction of the chancellor, to grant such license, &c. or else to signify unto the king in the court of chancery, at a certain day, for what cause he refused to grant such license; and if it shall appear that the archbishop, &c. so refused without reasonable cause,. then the chancellor shall issue a writ of injunct.on under the great seal commanding the archbishop, &c. to grant such license, &c. by a certain day, and under a certain pain therein contained; and if the said archbishop, &c. after the receipt of said writ, shall refuse or deny to grant such license, &c. and shew no just or reasonable cause before the king why he should do so, he shall forfeit such penalty as shall be expressed in said writ, and the king shall thereupon authorize and appoint 2 spiritual prelates or persons, by commission under the great seal, to grant such licenses, &c. This statute contains also several clauses in respect to the taxes and fees for such dispensations, and the appointment of clerks to register and 23 Hen.8.c.19. inrol them. The 28 Hen. 8. c. 19. Ir. recites the above Ir. clauses amongst others of this English statute; and by s. 20. declares that it shall extend to Ireland, as the king's proper dominion, and a member appending and rightfully belonging to the imperial crown of England, and united to the same. And by s. 21. declares that the archbishops and bishops of Ireland shall have power to dispense in all cases in which they were wont to dispense by the common law or custom of Ireland. And by s. 22. provides that every person authorized and appointed by the king, by commission under the great seal, shall have the same authority as the archbishop of Canterbury, for exercising any ecclesiastical jurisdiction, or for granting any faculties, licenses, dispensations, &c. and the chancellor of Ireland shall have the like powers by virtue of this act, as the chancellor of England by virtue of the said recited statute. $. 20. $. 21. S. 22. $3. Parsons and vicars. III. To remedy the mischiefs arising from the appropriation of benefices, it is enacted by the 15 Ric. 2. c. 6. E. & I. that E. & L. Maintenance o E. & I. that in every license to be made in chancery for the ap- 15 Ric. 2. c. 6. propriation of any parish church, it shall be expressly contained, that the diocesan of the place, upon the appropriation of such churches, shail ordain, according to the value of such churches, a convenient sum of money to be paid and distributed yearly of the fruits and profits of the same, by those that shall have the said churches, to the poor parishioners in aid of their living and sustenance for ever; and also that the vicar be well and sufficiently endowed. And the 4 Hen. 4. c. 12. E. & I. further pro- 4 Hen. 4. c. 12. vides, that in every church appropriated according to the 15 Ric. 2. c. 6. a secular person and not a member of any religious house shall be ordained vicar perpetual, who shall be canonically instituted and inducted, and sufficiently endowed at the discretion of the ordinary, to do divine service, to inform the people, and to keep hospitality. But notwithstanding the provisions of these sta- Secular parsontutes, several lay impropriations or secular parsonages ages. have sprung, in England and Ireland, from the dissolution of the monasteries and other religious houses, by king Henry VIII. and in former reigns; these appropriations, which by several statutes were vested in the crown, having been from time to time granted to lay persons. The 27 Hen. 8. c. 28. Eng. and 31 Hen. 8. c. 13. Eng. 27 Hen.8. c.252 have been followed by the 28 Hen. 8. c. 16. Ir. and 33 29 Hen.8. c.16. Hen. 8. st. 2. c. 5. Ir. in transferring to the king, the r. appropriations of the several parsonages, which belonged to the religious houses dissolved by those statutes. The 27 Hen. 8. c. 28. s. 1. Eng. and 28 Hen. 8. c. 16. s. 2. Ir. respectively enacted, that the king should have all the sites and circuits of the religious houses thereby dissolved, and all and singular the manors, granges, manses, lands, tenements, rents, reversions, services, tithes, pensions, portions, churches, chapels, advowsons, patronages, annuities, rights, entries, conditions, and other hereditaments belonging to every such religious house, in as ample a manner as the abbots, priors, and other governors of such monasteries and other religious houses, had or ought to have the same, in right of their said houses. The 31 Hen. 8. c. 13. Eng. and 33 Hen. 8. st. 2. c. 5. Ir. Eng. Eng. 31 Hen. S. c.13. 35 Hen. 8. st.2. expressly c. 5. Ir. |