« PreviousContinue »
of the defendant, to direct, by any rule or order, the plaintiff or plaintiffs who fhall have levied under any fuch execution, to repay to the defendant fo much of the penalties, forfeitures, and cofts, levied by fuch execution, as the fums fo levied fhall exceed the amount of what fuch defendant would have been liable to pay in penalty, forfeiture, and cofts, or any of them, as the cafe might be, if no execution had been fued out against fuch defendant, and fuch defendant had applied under this Act to fuch Judge to difcontinue the proceedings in fuch action, bill, plaint, and information, before execution taken out; and fuch Judge and defendant respectively fhall have full power to enforce obedience to fuch order or rule, in like manner as obedience to any order or rule of fuch Court, or any Judge of Court, can or may be enforced.
43 Geo. III. Cap. cix.
An Act to rectify a Miftake in an Act, made in this prefent Seffion of Parliament, intituled, An Act to amend the Laws relating to Spiritual Perfons holding of Farms; and for enforcing the Refidence of Spiritual Perfons on their Benefices in England; and to remove a Doubt refpecting the Title of the Statute of the twenty-first Year of King Henry the Eighth therein mentioned.
WHEREAS by an Act, made in this prefent Seffion
of Parliament, intituled, An Act to amend the Laws relating to Spiritual Perfons bolding of Farms; and for enforcing the Refidence of Spiritual Perfons on their Benefices in England; and reciting as therein is recited, it was amongst other things enacted in the words following; that is to fay, "And it fhall alfo be lawful for any spiritual perfon, having or holding any donative, perpetual curacy, or parochial chapelry, not having any fufficient "or convenient glebe or demefne lands annexed to, or in "right of, or by reafon of his benefice or cure or cha
pelry, or for any ftipendiary Curate, or any unbe"neficed fpiritual perfon, with the confent or appro"bation of the Bishop of the diocese, fignified in writing, "to take to ferm to himself, or to any perfon or per"fons to his ufe for a limited term of years, any farm "or farms, lands, tenements, or hereditaments, that may, "under all the circumstances, appear to fuch Bishop proper
"to be taken, held, or occupied, by any fuch spiritual perfon, for the convenience and accommodation of his "houfehold and hofpitality only, without being subject ❝or liable to any pains, penalties, or forfeitures, under "the faid first recited Act or any other Act, by reafon "thereof, any thing therein contained to the contrary "notwithstanding :" And whereas after the words " any "fpiritual perfon having or holding any," and before the word "donative" in the faid provifion, the word "bene❝fice" was by mistake omitted to be there inferted: For rectifying the faid miftake, may it therefore please your Majefty that it may be enacted; and be it enacted by the King's moft excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That, from the day on which the faid Act paffed, the faid provifion, and every matter therein contained, fhall extend, and be conftrued to extend, to every fpiritual perfon having or holding any benefice in like manner as if the word "benefice" had been inferted after the word "any" and before the word "do"native" in the faid provifion in the faid Act.
2. And be it further enacted, That every claufe, matter, and provifion contained in the faid Act, which has or in conftruction thereof can or ought to have relation to the faid provifion, fhall be conftrued in such and the like manner, and shall be and be taken to be of the fame effect as if the word "benefice" had been inferted as aforesaid in the faid provifion.
3. And be it also enacted, That the faid Act, paffed in the twenty-first year of the reign of King Henry the Eighth, whereby it is among other things enacted in the words or to the effect following: "That as well every fpiritual "perfon now being promoted to any archdeaconry, deanery, or dignity, in any monaftery or cathedral church "or other church, conventual or collegiate, or being be"neficed with any parfonage or vicarage, as all and every spiritual person and perfons which hereafter fhall be "promoted to any of the faid dignities or benefices with "any parfonage or vicarage, from the feast of St. Mi
chael the Archangel next coming, fhall be perfonally "refident and abiding in, at, and upon his faid dignity, prebend, or benefice, or at one of them at the leaft; and in cafe that any fuch spiritual perfon at any time after the faid feaft keep not refidence at one of his faid dignities, prebends, or benefices, as is aforefaid, but abfent "himself
"himself wilfully by the space of one month together, "or by the space of two months, to be accounted at fe"veral times in any one year, and make his refidence and "abiding in any other places by fuch time, that then he "fhall forfeit for every fuch default ten pounds fterling, "the one half thereof to the King our fovereign Lord, "and the other half of the fame to the party that will "fue for the fame in any of the King's Courts by origi"nal writ of debt, bill, plaint, or information, in which "action and fuit the defendant fhall not wage his law, "nor have any effoin or protection allowed," fhall, from the day on which the faid recited Act of this prefent feffion of Parliament paffed, be deemed and taken to all intents and purposes in the conftruction of the faid Act of the prefent feffion, to be the Act of the twenty-first year of the reign of King Henry the Eighth, intended to be recited in the faid Act of the prefent feffion of Parliament, and which is in fuch Act of the prefent feffion mentioned to be intituled, Spiritual Perfons abridged from having Pluralities of Livings, and from taking of Ferms, &c. notwithftanding any mistake which there may be in the faid A& of the prefent feflion of Parliament, in fetting forth the title of the faid Act of the twenty-firft year of the reign of King Henry the Eighth, wherein and whereby it is enacted as aforefaid.
An Act for the better Maintenance of Curates within the Church of England, and for preventing any Ecclefiaftical Perfons from buying the next Avoidance of any ChurchPreferment.
WE HEREAS the abfence of beneficed Minifters ought to be fupplied by Curates that are fufficient and licenfed preachers, and no Curates or Minifters ought to ferve in any place without the examination and admiffion of the Bishop of the diocefe, or Ordinary of the place, having epifcopal jurifdiction: but nevertheless, for want of fufficient maintenance and encouragement for such Curates, the cures within that part of Great Britain, called England, have been in feveral places meanly supplied: for remedy whereof, be it enacted by the Queen's most excellent Majefty, by and with the advice and consent of the Lords fpiritual and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That if any Rector or Vicar, having cure of fouls, fhall, from and after the nine and twentieth day of September in the year of our Lord one thoufand feven hundred and fourteen, nominate and prefent any Curate to the Bishop or Ordinary, to be licenfed or admitted to ferve the cure of fuch Rector or Vicar in his absence, the faid Bishop or Ordinary, having regard to the greatnefs of the cure, and the value of the ecclefiaftical benefices of fuch Rector or Vicar, fhall, on or before the granting fuch licence, appoint, by writing under his hand and feal, a sufficient certain ftipend or allowance, not exceeding fifty pounds per annum, nor less than twenty pounds per annum, to be paid or answered, at fuch times as he fhall think fit, by fuch Rector or Vicar, to fuch Curate, for his fupport and maintenance; and if it fhall appear to the Bishop or Ordinary, upon complaint or otherwife, that any Curate of fuch Rector or Vicar, licenfed or admitted before the faid nine and twentieth day of September in the year of our Lord one thousand feven hundred and fourteen, hath not a fufficient maintenance, it shall be lawful to and for the faid Bishop or Ordinary to appoint him a certain ftipend or allowance, in like männer as before mentioned; and in cafe any difference fhall arife between
any Rector or Vicar and his Curate, touching fuch ftipend or allowance, or the payment thereof, the Bishop or Ordinary, on complaint to him made, fhall fummarily hear and determine the fame; and in cafe of neglect or refufal to pay fuch ftipend or allowance, may fequefter the profits of fuch benefice, for or until payment thereof.
2. And whereas fome of the Clergy have procured preferments for themselves, by buying ecclefiaftical livings, and others have been thereby difcouraged; be it further enacted by the authority aforefaid, That if any perfon, from and after the twenty-ninth day of September one thoufand feven hundred and fourteen, fhall or do, for any fum of money, reward, gift, profit, or advantage, directly or indirectly, or for or by reason of any promile, agreement, grant, bond, covenant, or other affurance, of or for any fum of money, reward, gift, profit, or benefit whatfoever, directly or indirectly, in his own name, or in the name of any other perfon or perfons, take, procure, or accept the next avoidance of or presentation to any benefice with cure of fouls, dignity, prebend, or living ecclefiaftical, and fhall be presented or collated thereupon; that then every fuch prefentation or collation, and every admiffion, inftitution, inveftiture, and induction upon the fame, fhall be utterly void, fruftrate, and of no effect in law, and fuch agreement fhall be deemed and taken to be a fimoniacal contract; and that it fhall and may be lawful to and for the Queen's Majefty, her heirs and fucceffors, to prefent or collate unto, or give or bestow every fuch benefice, dignity, prebend, and living ecclefiaftical, for that one time or turn only; and the perfon fo corruptly taking, procuring, or accepting, any fuch benefice, dignity, prebend, or living, fhall thereupon, and from thenceforth, be adjudged a disabled perfon in law, to have and enjoy the fame benefice, dignity, prebend, or living ecclefiaftical; and fhall also be fubject to any punishment, pain, or penalty, limited, prefcribed, or inflicted, by the laws ecclefiaftical, in like manner as if fuch corrupt agreement had been made after fuch benefice, dignity, prebend, or living ecclefiaftical, had become vacant; any Law or Statute to the contrary in any wife notwithstanding.