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2 benefices with cure. And by s. 24. every archbishop and bishop may have each 2 chaplains in addition to the nuniber 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 no
thing herein shall give license to any person to have more 26 Geo.3.c.$3. benefices than is limited in said act.” The 36 Geo. 3.c. 83. s. 3. Eug.
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 pro
vides for the augmentation of poor livings by the board of first fruits in Ireland, enacts (s. 12.) that in case the incum. bent 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 c. 10. Ir.
having any bishoprick, benefice, or other ecclesiastical Incompatible to dignity or promotion, in England or Wales, shall during
78cthe time of his holding the same, be incapable of boldand Ireland.
ing 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
36 Geo. 3.
collate to the same. And if any person having and 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 malfeásances or crimes, belong to another part of this Digest.
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
curales. enact, that it shall be lawful for the bishop or ordinary to appoint, under his hand and seal, any stipend or al- Eng.
40 Geo. 3.c. 27. lowance 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 ex. ceeding £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 i Geo. 2. c. 22. Ir. 12 Ann. st. 2. which provide that in case any difference shall arise be- 12. Eng.
Ci Geo, 2. c. 22. 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 case the curate shall refuse to deliver up possession thereof at the expiration of the grant, he shall forfeit to such rector, &c, such parts of his stipend as shall be then unpaid, as also the sum of £50. to be recovered by action of debt. And by these acts respectively it shall be lawful for the ordinary to license any curate who is or shall be employed by the rector, vicar, or other incumbent of any parish church, or chapel, although no express nomination of such curate shall have been made to the ordinary by said rector, &c.; and the ordinary shall also have power to revoke, summarily and without process, · any license granted to any curate employed within his
jurisdiction, and to remove such curate for reasonable cause, subject to an appeal, either in the case of a grant or revocation of any such license, to the archbishop of
the province, to be determined in a summary manner. 6G10.3. c. 83. The 36 Geo. 3. c. 83. Eng. contains a provision (s. 5.) s. 5. Eng. peculiar to itself, by enacting that the ordinary shall
have the same power to apportion the stipends to be paid to the officiating curates, by the curates or incum
bents of perpetual curacies, althongh not augmented by 6 Geo. 1. c. 13. the bounty of queen Anne. The 6 Geo. 1. c. 13. Ir.
provides, (which is also referred to by the 40 Geo. 3.c. 27. Curates of
s. 2.) that one curate and no more shall be appointed, united parishes.
for benefices possessed by episcopal union which lie con
tiguous, and where the extent of them doth not exceed
- 3 miles from the church. 6 4. IV. By the i Geo. 1. st. 2. c. 10. s. 4. Eng. all curaPerpetual cures. cies, &c. augmented by the governors of queen Anne's
2: bounty shall be perpetual cures, and the ministers duly c. 10 . 4. Eng.
nominated and licensed thereunto, and their successors,
shall be bodies politick, and shall be enabled to take 1 Geo. 2.c. 18. lands, &c. in perpetuity. The i Geo. 2. c. 18. s. 7. Ir.
contains the same provision as to curacies augmented,
erected, and endowed, by virtue of this act. And the 29Geo. 3. c.18. 29 Geo. 2. c. 18. s. 14. Ir. provides in like manner in S. 14. Ir.
respect to curacies augmented by the trustees and com. 11 & 12 Geo. 3. missioners of first fruits. By the 11 & 12 Geo. 3. c. 16. s. 2. Ir. all chapels of ease erected in large parishes by
c. 16. s. 2. Ir.
virtue of this and former acts, shall be deemed perpe. tual cures ; and the curates of them, when duly noininated and licensed, shall be capable of receiving any endowment in like manner as the curates of impropriate parislies, and shall have perpetual succession, and be bo. dies corporate, &c.; and when endowed with sufficient glebe, may, with the approbation of the archbishop or bi. shop, make sucla buildings and improvement thereon, and shall receive such proportion of the money expended from their next successors, as other incumbents. Provided (s. 3.) that no curate, who shall hereafter succeed to a perpetual curacy, endowed by this act, or any other act, shall be obliged to pay to his predecessor for such buildings, &c. more than £50. And by s. 9. of this act as explained by the 13 & 14 Geo. 3. c. 27. s. 4. Ir. cures appropriate 13.814 Geos and annexed to deaneries, archdeaconries, and other dig. c. 27. s. 4. Ir. pities, shall be deemed perpetual cures, with the consent cu in writing under the respective bands and seals of the priate to dear
eries, &c. archbishop of the province, as also of the bishop and dean and chapter of the diocess, and of the dignitaries to whom such parishes with cure of souls are appropriate, from the time that such consents shall be entered in the registry of the diocess, and in the registry of the metropolitical court of the province : and the curates thereof shall be capable of receiving any endowment, and shall have perpetual succession, &c. and when endowed with safficient glebe, may, with the approbation of the arclibishop or bishop, make such buildings and improvements thereon, and be entitled to receive the money expended from their next successors, as other incumbents. The 23 & 24 Geo. 3. c. 49. Ir. contains 23& 2.4 Geo the same provisions in respect to cures appropriate c. 49.1r. to archbishopricks and bishopricks; but in the case Cures on of archbishopricks the consent of the archbishop and priate to arch:
* bishoprisks, *6. dean and chapter ; and in the case of bishopricks, the consent of the archbishop, bishop, and dean and chapter; or if no dean and chapter, the consent of the archdeacon and majority of the rest of the beneficed clergy in synod or at visitation, must be obtained, and registered in the metropolitan court in the former tase, and
in the metropolitan and diocesan courts in the latter.' By s. 8. the archbishop, with the consent of his dean and chapter, and the bishop, with the consent of the archbishop, patron, and dean and chapter, or if po dean and chapter, then of the majority of the beneficed clergy of the diocess, under their hands and seals, may unite 2 or more such appropriate parishes in one perpetual cure,
so as the entire value shall not exceed £100. a year. §. 5. V. To remove the doubts which had arisen concerning Church wardens the right of electing and appointing churchwardens, heir appoint
the 25 Geo. 3. c. 58. s. 3. Ir. enacts, that their election 25 Geo. 3. c.58. and appointment shall be by the same persons as are by s. 3. Ir.
law authorized and qualified to vote in vestry for the
repairing of churches. This statute seems to refer to 12 Geo. 1. c. 9. the 12 Geo. 1. c. 9. s. 7. Ir, which enacts, for the pre
venting of papists baring it in their power to obstruct Catholics ere the rebuilding and repairing churches, by out-voting cluderd from voting.
the protestant inhabitants, that no inhabitant of any parish in Ireland, being a papist, shall be capable of giving his vote at any vestry to be held for the purposes aforesaid. And for the same reason, the parishioners whose consent for the building of new churehes was made
necessary by the 2 Geo. 1. c. 14. Ir, were required to 10 22.214.171.124.6. be exclusively protestants by the 10 Geo. 1. c. 6. s. 2. Ir. 9. 2. Ir.
The 6 Geo. 1. c. 5. Ir. which has followed the 1 W. & M. 6 Geo : 5. st. 1. c. 18. Eng. ante p. 296. in providing that protes,
tant dissenters may execute the office of church-warden by deputy, provides (s. 7.) that no bishop of any dioeess, or other ordinary, shall be obliged to approve the same
person as deputy church-waruen for the same parish or 33 Geo. 3.c.21. place 2 years successively. The 33 Geo. 3. c. 21. Ir.
which removes the disabilities of catholics, with certain exceptions, provides (s. 4.) that nothing herein contained shall extend to give papists, &c. a right to vote at any vestry for levying of money to rebuild or repair any parish-church, or respecting the demising or disposal of the income of any estate belonging to any cliureh
or parish; or for the salary of the parish clerk, or at 19 Geo. 1.c.16. 9. 3. Ir.
16. the election of any church-warden. By the 19 Geo. 2. 33 Geo. 2.c.11. c. 16. s. 3. Ir. and 33 Geo, 2. c. 11, s. 4. Ir. elechwardens are enabled to take a grant to them and