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profits of the benefice, if upon inquiry by commissioners to be appointed by such archbishop, &c. it shall appear that the money hath not been duly expended, and that such incumbent shall not complete the same, within 6 monthis after the date and delivery of an order for that purpose. And by this clause of the act the incumbent and all other persons sliall be liable to the repayment of the money so advanced, and to the payment of interest, and to all other rules and regulations contained in the 43 Geo. 3. c. 158. s. 2. which refers to the 43 Geo. 3. 19 r. 106. which provides (s. 1.), that the trustees and com- s. 1. Is. missioners of first fruits in Ireland may from time to time, and in such proportion as they shall think proper, advance out of the funds entrusted to their care to the incumbent of any benefice, parish, or union of parishes, who shall apply for aid, any sum not exceeding 2 years net income of such benefice, &c. to be applied to the purposes of building a glebe-house and offices, and make ing other improvements, or in the purchase of a house already built, for the suitable residence of such incumbent and his successors, or in the purchase of glebe or demesne lands fit for the erection of such glebe-house and offices. But by s. 4. the trustees shall previously take a bond to the king for repayment of the same with interest. And by s. 2. the incumbent of such benefice and his succes, sors shall repay so much of the said sum so advanced, as shall become due during their respective incumbencies, to the trustees, by annual instalments of £6. per cent. ; the first of which instalments shall be made on the 1st July next after one year from the day on which the last suin shall be advanced, (or within 21 days after); £6. per cent. more on the 1st Juls, (or within 21 days after,) in every succeeding year, until £96. shall be paid; and the re. maining 24. on the Ist day of July (or Trithin 21 days after) in the year succeeding that in which the last instalınent making £96. shall have been paid. And by s. 12. the trustees may require interest if they think fit. s. 12. And this act (s. 5.) provides for enforcing such payment 1.5. by sequestering the profits of such benefice, &c.
The law of Ireland has not only promoted this duty of residence by encouraging, and in some cases by compel,
Purchases, ex- ling the building of glebe-houses, but by authorizing the changes, and endowments of purchase and exchange of glebes. The 10 W. 3. c. 6. glebes legalized. s. 2. Ir. (as amended by the 11 & 12 Geo. 3.c. 17.s. 1. & 2.) 10 W. 3. c. 6. s. 2. Ir.**** enacts, that it shall be lawful for any archbishop with the
: approbation of the chief governor, or for any bishop with the approbation of the archbishop of the province, and for any other ecclesiastical person with the consent of the bishop of his diocess, certified in writing under their hands and seals, to purchase to them and their successors within their respective dioceses, houses already built with conveniences thereunto belonging, or lands and tenements fit for such buildings, &c. for their habitation, to be part of their demesne, glebe, or mensal land, unalienable, and not to be let or disposed of to any other use whatsoever; and the purchase money for the same, and the charges of buildings, additions, and repairs, being ascertained and certified, shall be repaid in the proportions, at the times, and in the manner directed by the 12 Geo. 1. c. 10. (ante page 333.) And a fee farm lease, or a lease of lives with a covenant of renewal for ever, shall be deemed to be a purchase, and a ground
rent may be reserved out of the premises so purchased. 8 Ger. 1. c. 12. It is also a provision of the 8 Geo. 1. c. 12. s. 4. Ir. that S. 4. Ir,
if any incumbent shall purchase glebe-land, and endow his church with the same, reserving no rent thereout, he, his executors, &c.; shall be entitled to 2-3ds of his purchase-money, to be paid by his immediate successor, his executors, &c.; and such successor, his executors, &c. shall be entitled to one half of what he shall so pay; which sums shall be paid and recovered at such times and in such manner as provided by 10 W. 3. c. 6. in respect to money laid out in buildings, &c. By the following Irish statutes 15 Car. 1. c. 11.; 2 Geo. 1. c. 14.; 8 Geo. I. c. 12.; 10 Geo. 1.c.6.; 1 Geo. 2. c. 15.; 3 Geo. 2. c. 12.; 31 Geo. 2. c. 11.; 11 & 12 Geo. 3. c. 16.; 13 & 14 Geo. 3. c. 27.; 15 & 16 Geo. 3. c. 17.; and 23 & 24 Geo. 3. c. 49. archbishops, bishops, deans, dignitaries, and prebendaries, deans and chapters, or any ecclesiastical or lay corporation, as also tenants in fee, in tail, or for life, in possession, are enabled to endow with glebe any church,
chapel, or perpetual curacy, though such church,' &c. should be in possession of more than 10 and under 20 acres of glebe-land; provided however that such lands so granted, together with all other glebe belonging to such church, &c. shall not exceed 40 acres plantation Number of acres
limited. measure. And a capacity is given by these statutes to the church, to receive such endowments without license of mortmain. The 3 Geo. 2. c. 12, s. 2. Ir. provides that 3 Geo. 2. c. 12. where any tenant for life shall grant any lands for a * * glebe in pursuance of this act, the sheriff of the county, Glebe valued
on and also of the where granted at the request of the archbishop or bishop and also of the winere grantor and grantee, shall inquire by the oaths of 12 life. freeholders of said county, of which notice shall be given at some preceding county court, and upon the oaths of such witnesses as shall be produced by either party, of the best and most improved rent and full yearly value, and quantity of the lands, so to be granted, which oaths the sheriff is to administer; and the said sheriff shall return the yearly value so found, together with the inears and bounds thereof, to the archbishop or 'bishop, who shall procure the return, certificate, and deeds of grant to be recorded in the exchequer; and a fee of 10s. and no more shall be paid to the sheriff, and 6$. 8d. to the remembrancer by the grantee ; and the said yearly value shall be for ever the rent payable out of said lands; and the said inquest so recorded shall be conclusive against the grantor and all persons in reversion, remainder, or espectancy. By the 31 Geo. 2. c. 11. any bishop, Exchanges of
Glebes. dean, dean and chapter, dignitary, or prebendary, may grant land for glebe to be exchanged for other lands lying nearer the church, and more convenient for the residence of any incumbent, or curate of any appropriate benefice. And the 13 & 14 Geo. 3. c. 27. Ir.; 15 & 16 Geo. 3. c. 17. Ir.; and 23 & 24 Geo. 3. c. 49. Ir. also enable any tenant for life, or tenant in tail, in possession, with remainder to his issue, to grant such part of their lands (except the demesne lands) which shall lie convenient for glebe, in exchange for the glebe lying at a distance, or such part thereof as shall appear to be of equal value, as fully as if the person so seisęd had an estate in fee sim
ple; but erery such exchange must be perfected within 23 & 24 Gen. 3. 2 years after making such grants, or be void. The 23 & 24 c. 49. s. 7. Ir.
Geo. 3. c. 49. s. 7. Ir. provides, that the consent of the Consent re- bishop of the diocess with his dean and chapter under quired for erchange of
their coinmon scals, or of the patron of the church or his glebes.
attorney, under his hand and seal, where the patronage is not in the bishop, or of the chief governor in writing under his hand and seal where the patronage is in the crown, shall be given to such deeds of exchange; and prescribes the same mode as the 3 Gen. 2. c. 12. supra, for ascertaining the value, quantity, and conveniency of the lands so to be exchanged, by a jury impannelled by the sheriff at the request of the bishop, patron, and
parties concerned. Alienation of To prevent the alienation of glebes, the 10 W.3. c. 6. gebes restrained.
s. 7. Ir. enacts, that it shall not be lawful for any rector, vicar, curate, or other ecclesiastical person, having a glebe fit and convenient to be built and improved upon for the residence of him and his successors, or whereon a mansion-house shall be built, or contiguous and con. venient to such house, to alien, set, let, or demise such glebe or any part thereof for any longer term than one year, in possession and not in reversion ; and all other
alienations, leases or contracts for leases thereof shall be 1 Geo. 2. c. 15. void. The i Geo. 2. c. 15. s. 4. Ir. also prohibits such $. 4. Ir.
ecclesiastical persons from setting any land granted for glebe, according to this act and the other acts therein recited, and provides that the officiating curate shall occupy said lands in the absence of the rector, &c. who
should have another benefice. And the clauses of the 10 108 11 Car. 1. & 11 Car. 1. c. 3. Ir. and 35 Geo. 3. c. 23. Ir. which 6. 3. s. 2. Ir.
23. enable ecclesiastical persons to make certain leases,
expressly except the dwelling house and demesne lands belonging to the church, and to the ecclesiastical persons
enumerated in these statutes. Benefices-min With respect to the ways by which one may cease to be uchat cases void.
a parson or vicar, the provisions of some statutes have been already stated, (pages 291. & 324.) which declare a benefice void, for neglecting after institution to read the liturgy according to the book of common prayer, or for not taking the oaths of allegiance, supremacy, and ab
21 Hen. 8. c. 19.
s. 13. to 25.
juration; and the statutes for enforcing the residence of spiritual persons also declare benefices void, in cases of continued or repeated non-residence. The 1 W. & M. W.&M.c.26. c. 26. Eng. which vests in the two universities the pre- s. sentations of benefices belonging to papists, provides (s. 6.) that if any person so presented or nominated shall be absent from the same abore the space of 60 days in any one year, the benefice shall be void. By the 21 , Hen. 8. c. 13.s. 9. Eng. if any person having one benefice s. 9. Eng. with cure of souls, being of the yearly value of L8. or above, accept any other with cure of souls, and be instituted and inducted in possession of the same, the first benefice shall be adjudged void. But by s. 13. all spiritual meng of the king's council may purchase a license or dispensati
wa. What persons on, and keep 3 parsonages or benefices with cure of souls:
113. may obtain disa and the chaplains of the king or queen, prince or princess, pensations for
pluralities. or of any of the king's children, brethren, sisters, uncles, or aunts, may in like manner take, retain and keep 2 benefices with cure of souls; and so also the 6 chaplains of every archbishop and duke; and the 5 chaplains of every marquis and earl; and the 4 chaplains of every viscount and bishop; and the 3 chaplains of the lord chancellor of England, and of every baron, and knight; and the 2 chaplains of every duchess, marchioness, countess, and baroness, being widows: and so also the treasurer and comptroller of the king's house, the king's secretary, and dean of the chapel, the king's almoner, and master of the rolls, may have 2 chaplains; and the chief justice of the king's bench, and the warden of the cinque ports each one, who may also purchase licenses, and have 2 benefices with cure of souls: and the brethren and sons of all temporal lords, who are born in wedlock, may purchase dispensations, and have as many benefices with cure as the chaplains of a duke or archbishop: and the brethren and sons of every knight may every of them purchase a dispensation, and hold 2 benefices with cure of souls. · And by s. 23. all doctors, and bachelors of divinity, doctors of law, and bachelors of the canon law, which shall be admitted to said degrees by any of the universities, may purchase license and have