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 measure. And a capacity is given by these statutes to the church, to receive such endowments without license

limited.

s. 2. Ir.

by tenant for

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 at the request of the archbishop or bishop and also of the where granted 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 mears 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 6s. 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 expectancy. By the 31 Geo. 2. c. 11. any bishop, Exchanges of 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 seised had an estate in fee sim

Glebes.

ple,

ple; but every 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.

Consent required for exchange of

glebes.

Alienation of g'ebes restrained.

s. 7. Ir.

Geo. 3. c. 49. s. 7. Ir. provides, that the consent of the bishop of the diocess with his dean and chapter under their coinmon scals, or of the patron of the church or his 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 Geo. 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.

To prevent the alienation of glebes, the 10 W. 3. c. 6. s. 7. Ir. enacts, that it shall not be lawful for any rector, 10 W. 3. c. 6. 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 convenient 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 Gieo. 2. c. 15. void. The 1 Geo. 2. c. 15. s. 4. Ir. also prohibits such

s. 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 10 & 11 Car. 1. & 11 Car. 1. c. 3. Ir. and 35 Geo. 3. c. 23. Ir. which 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.

c. 3. s. 2. Ir.

35 Geo. 3. c. 23.

s. 1.

Ir.

Benefices-in

what cases void.

With respect to the ways by which one may cease to be 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 abjuration,

1W. & M. c.26. s. 6. Erg.

21 Hen.8. c.13.

s. 13. to 25.

What persons

may obtain dis

juration; and the statutes for enforcing the residences of spiritual persons also declare benefices void, in cases of continued or repeated non-residence. The 1 W. & M. c. 26. Eng. which vests in the two universities the presentations of benefices belonging to papists, provides (s. 6.) that if any person so presented or nominated shall be absent from the same above 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 £8. 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 men of the king's council may purchase a license or dispensation, and keep 3 parsonages or benefices with cure of souls: and the chaplains of the king or queen, prince or princess, penations 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 2 benefices

lr.

lr.

2 benefices with cure. And by s. 24. every archbishop and bishop may have each 2 chaplains in addition to the number above limited, who may each purchase a dispensation and have 2 benefices with cure of souls. It seems to be questionable whether the Act of Faculties in Ireland 28 Hen.S. c.19. (28 Hen. 8. c. 19.) has adopted this statute of pluralities, by reciting and adopting "The Act concerning Peterpence and Dispensations," (25 Hen. 8. c. 21. Eng.) which refers to the Act of Pluralities, and declares, "that nothing herein shall give license to any person to have more 36 Geo.3. c.83. benefices than is limited in said act." The 36 Geo. 3. c. 83. S. 3. Eng. s. 3. Eng. enacts, that such churches, curacies, and chapels as shall be augmented by the governors of queen Anne's bounty, (according to the provision of the 1 Geo. 1. st. 2. c. 10. Eng.) shall be considered as benefices presentative, so as that the license thereto shall operate in the same manner as institution to such benefices, and shall render 29 Geo. 2. c.18. voidable other livings. The 29 Geo. 2. c. 18. Ir. which provides for the augmentation of poor livings by the board of first fruits in Ireland, enacts (s. 12.) that in case the incumbent of any benefice, living, or curacy, or any parson, vicar, curate, or minister, whose maintenance shall be augmented by the grant of an annual salary or otherwise, shall accept of any other benefice, living, or curacy, and be instituted and inducted into the same, then the said benefice, &c. so augmented shall be void, and the archbishop, bishop, or other patron may collate or present thereto; and any license, union, or dispensation to the contrary shall be void: and in case any person possessed of any benefice, &c. shall be collated or instituted to any benefice which shall be so augmented by said trustees, every such collation, presentation, or nomination shall 17 & 18 Car. 2. be void. By the 17 & 18 Car. 2. c. 10. Ir. every person having any bishoprick, benefice, or other ecclesiastical Incompatible to dignity or promotion, in England or Wales, shall during hold benefices in the time of his holding the same, be incapable of holding any bishoprick, &c. in Ireland; and any grant or presentation of the bishoprick, &c. in Ireland, to any person having at the time any bishoprick, &c. in England, shall be void; and from thenceforth the king, or any other patron or donor, may grant, present, or collate

c. 10. Ir.

England, &c. and Ireland.

collate to the same. And if any person having an bishoprick, &c. in Ireland, shall accept of, hold, or enjoy any bishoprick, &c. in England or Wales, any former grant or presentation of any bishoprick, &c. in Ireland to such person shall be immediately void, as if such bishop, &c. had died or resigned, notwithstanding any license or dispensation to the contrary; and the king or other patron or donor, may present or collate thereto.

. The statutes which declare benefices void for certain malfeasances or crimes, belong to another part of this Digest.

curates.

36 Geo. 3. c.83.

Eng.

40 Geo. 3.c. 27.

III. For the better support and maintenance of curates § 3. the 36 Geo. 3. c. 83. s. 1. Eng. and 40 Geo. 3. c. 27. s. 1. Ir. Maintenance of enact, that it shall be lawful for the bishop or ordinary to appoint, under his hand and seal, any stipend or allowance for any curate heretofore nominated or employed, ir. or hereafter to be nominated, &c. not exceeding £75. per annum, over and besides, on livings where the rector or vicar does not personally reside 4 months in the year, the use of the rectory or vicarage house, and the garden and stable thereunto belonging, for the space of 12 calendar months; with power in said bishop, &c. to renew the grant from time to time; or a further sum not exceeding £15. per annum in lieu of such house, &c. in case there shall be none such, or if it shall appear to the bishop, &c. not to be convenient to allot and assign the same to such curate. And these statutes respectively refer to the 12 Ann. st. 2. c. 12. Eng. and 1 Geo. 2. c. 22. Ir. which provide that in case any difference shall arise be- c. 12. Eng. tween any rector or vicar and his curate, touching the Ir. stipend or allowance (which by these acts was not to exceed £50. nor to be less than £20.) or the payment thereof, the bishop, &c. on complaint made shall summarily hear and determine the same, and in case of neglect or refusal to pay such stipend may sequester the profits of such benefice. The 36 Geo. 3. c. 83. and 40 Geo. 3. c. 27. also respectively provide, that the bishop, &c. may under his hand and seal revoke the grant to the said curate of the said house, &c. and insert in such grant such terms and conditions as he shall think reasonable; and

in

12 Ann. st. 2.

1 Geo. 2. c. 22.