presumed in favour of such long enjoyment. The endowments of vicarages have generally consisted of a part of the glebe-land of the parsonage, and what are technically called the small tithes of the parish. In some places also a portion of the great tithes has been added to the vicarages. [TITIES.] A vicarage by endowment becomes a distinct benefice, of which the patronage is vested in the impropriator or sinecure rector, and is said to be appendant to the rectory. It follows that the vicar, being endowed with separate revenues, is enabled to recover his temporal rights without the aid of the patron. The loss of the original Act of Endowment is supplied by prescription; i. e. if the vicar has enjoyed any particular tithes or other fruits by constant usage, the law will presume that he was legally endowed with them. If the impropriator, either by design or mistake, presents the vicar to the parsonage, the vicarage will be dissolved, and the person presented will be entitled to all the ecclesiastical dues as rector. It is to be observed that the statute 4 Henry IV. c. 12, did not extend to appropriations made before the first of Richard II. Hence it happens that in some appropriated churches no vicar has ever been endowed. In this case the officiating minister is appointed by the impropriator, and is called a perpetual curate. He enters upon his official duties by virtue of the bishop's licence only, without stitution or induction. It appears, moreover, from Dr. Burn (Eccles. Law, tit. "Curate"), that there were some benefices which, being granted for the purpose of supporting the hospitality of the monasteries (in mensas monachorum), and not appropriated in the common form, escaped the operation of the statute of Henry IV. In this case, according to the same author, the benefices were served by temporary curates belonging to the religious houses, and sent out as occasion required; and sometimes the liberty of not appointing a perpetual vicar was granted by dispensation, in benefices not annexed to tables of the monasteries. When such appropriations, together with the charge of providing for the cure, were transferred (after the dissolution of monasteries) from spiritual societies to single lay persons (who, being incapable of serving them themselves, were obliged to nominate a person to the bishop for his licence to serve the cure), the curate by this means became so far perpetual as not to be renovable at the pleasure of the impropriator, but only for such causes as would occasion the depriving of a rector or vicar, or by the revocation of the bishop's licence. (Burn, Ibid.) Though the form of licences to perpetual cures expresses that they last only during the bishop's pleasure, the power of revocation, thus reserved to the bishop, has seldom, if ever, been exercised. There is another kind of perpetual curacy which arises from the erection in a parish of a chapel-of-ease subject to the mother church. But the curacies of chapels-of-ease are not benefices in the strict legal sense of the word, unless they have been augmented out of the fund called Queen Anne's Bounty. The officiating ministers are not corporations in law with perpetuity of succession, as parsons. vicars, and other perpetual curates. Neither are chapels-of-ease subject to lapse, although the bishop may, by process in the ecclesiastical courts, compel the patrons to fill them up. But the statute 1 Geo. I. sess. 2, c. 10, provides that all churches, curacies, or chapels which shall be augmented by the governors of Queen Anne's Bounty shall be from thenceforth perpetual cures and benefices, and the ministers duly nominated and licensed thereunto shall be in law bodies politic and corporate, and have perpetual succession, and be capable to take in perpetuity; and that if suffered to remain void for six months they shall lapse in like manner as presentative livings. The 59 Geo. III. c. 134, contained provisions enabling the Church Building Commissioners to assign districts to chapels under the cure of curates, and it enacted that no such chapelry should become a benefice by reason of any augmentation of the maintenance of the curate by any grant or bounty. Both this statute and that of 1 Geo. I. were partially repealed by 2 & 3 Vict. c. 49, which has a clause enacting that any church or chapel augmented by Queen Anne's Bounty, and which has | ing to the provisions of statutes 1 Geo. I. had, or may hereafter have, a district sess. 2, c. 13, and 9 Geo. II. c. 26; and assigned to it, is to be a perpetual curacy the right of patronage, both of perpetual and benefice. The commissioners for curacies and donatives, is to be vindibuilding new churches may assign dis- cated by writ of Quare Impedit. (Burn, tricts to them, and such church or chapel Eccles. Law, tit. "Donative.") may be augmented by the governors of Queen Anne's Bounty. The district churches built in pursuance of several recent acts (as 58 Geo. III. c. 45; 59 Geo. III. c. 134; 3 Geo. IV. c. 72; 5 Geo. IV. c. 103; 7 & 8 Geo. IV. c. 72; 1 & 2 Will. IV. c. 38; 2 & 3 Will. IV. c. 61; 7 Will. IV. & 1 Vict. c. 107; 2 & 3 Vict. c. 49; 3 & 4 Vict. c. 60) are made perpetual cures, and the incumbents corporations. A donative is a spiritual preferment, whether church, chapel, or vicarage, which is in the free gift of the patron, without making any presentation to the bishop, and without admission, institution, or induction by mandate from the bishop or any other; but the donee may by the patron, or by any other authorized by the patron, be put into possession. Nor is any licence from the bishop necessary to perfect the donee's title to possession of the donative, but it receives its full effect from the single act and sole authority of the donor. The chief further peculiarity of donatives is their exemption from episcopal jurisdiction. The manner of visitation of donatives is by commissioners appointed by the patron. If the patron dies during the vacancy of a donative benefice, the right of nomination descends to the heir-atlaw, and does not belong to his executors, as is the case with the patronage of presentative livings. Donatives, if augmented by Queen Anne's Bounty, become liable to lapse, and also to episcopal visitation. (1 Geo. I. sess. 2, c. 10.) But no donatives can be so augmented without the consent of the patron in writing, under his hand and seal. Both perpetual curates and incumbents of donatives are obliged to declare their assent to the Thirty-nine Articles and the Book of Common Prayer, in the manner prescribed by the statute 13 Eliz. c. 12, and the Act of Uniformity above mentioned, and must also take the oaths of allegiance, supremacy, and abjuration, accord Neither the augmentation nor the alienation of benefices with cure of souls was favoured by the old English law. To prevent augmentation was one of the objects of the statutes of Mortmain, one of which (23 Hen. VIII. c. 10) expressly makes void all assurances of lands in favour of parish churches, chapels, &c. It might have been reasonably expected that, at the time of the dissolution of monasteries, the clergy would have received back those revenues which, being originally vested in them for religious purposes, had been subsequently appropriated by the monks. Such a measure, however, was not agreeable to the temper either of King Henry VIII. or his parliaments. When that king came to a rupture with the pope, he resolved to free his dominions from the payment of first-fruits and tenths to the papal treasury. The first of these taxes consisted of one year's whole profits of every spiritual preferment, according to a valuation of benefices made by the pope's authority; the second, of the tenth part of the annual profit of each benefice, according to the same valuation. The payment of these to the pope was prohibited by statute 25 Henry VIII. c. 20; and the next year, by statute 26 Henry VIII. c. 3, the whole of the revenue arising therefrom was annexed to the crown. The last-mentioned statute directed these taxes to be paid according to a new valuation of ecclesiastical benefices to be made by certain commissioners appointed for the purpose. This valuation is what is called the valuation of the king's books. The statute 26 Henry VIII. c. 3, was confirmed by statute 1 Eliz. c. 4. [FIRST FRUITS and TENTHS.] The subsequent proceedings of Henry VIII., after the appropriation of the possessions of the monasteries, tended rather to enrich the collegiate and other corporations aggregate with the revenues of the church, than to revest them in their ancient possessors. Nor was the latter rules are to be approved of by the king under his sign manual. Every person having any estate or interest in possession, reversion, or contingency, in lands or personalty, is empowered to settle such estate or interest, either by deed enrolled or will, upon the corporation, without licence of mortmain; and the corporation are empowered to admit benefactors to the fund into their body. (For the principal rules established by the corporation, with respect to augmentations and the operation of these rules, see Burn's Eccles. Law, tit. " First-Fruits and Tenths.") The 1 Geo. I. sess. 2, c. 10, renders valid agreements made with benefactors to Queen Anne's Bounty, concerning the object the aim of his successors until more than a century after his death; but after the restoration of Charles II. the scandal of lay impropriations gave rise to some relaxation of the statutes of mortmain. Thus by statute 17 Car. II. c. 3, power was given to lay impropriators of tithes to annex such tithes to, or settle them in trust for, the parsonage or vicarage of the parish church to which they belonged, or for the perpetual curate, if there was no vicarage endowed; and by the same statute, in cases where the settled maintenance of the parsonage or vicarage, with cure, did not amount to the full sum of 100l. a year, clear of all charges and reprises, the incumbent was empowered to purchase for himself and his successors Îands and tithes, without licence of mort-right of patronage of augmented churches main. Another statute of the same reign (29 Car. II. c. 8) confirms, for a perpetuity, such augmentations of vicarages and perpetual curacies as had been already made for a term of years by ecclesiastical corporations on granting leases of impropriatory rectories. The act also confirms future augmentations to be made in the same manner, subject to a limitation which has since been taken off by statute 1 & 2 Will. IV. c. 45, by which the provisions of 29 Car. II. c. 8, have been considerably extended. The acts 1 & 2 Vict. c. 107, and 3 & 4 Vict. c. 113, have made further provisions for the augmentation of benefices. But the principal augmentation of the revenues of the church was made under the provisions of the statute 2 & 3 Anne, c. 11. By this act, and by the queen's letters-patent made in pursuance of it, all the revenue of the first-fruits and tenths was vested in trustees for the augmentation of small benefices. This fund is what is usually called Queen Anne's Bounty, and has since been further regulated by statutes 5 Anue c. 24; 6 Anne, c. 27; 1 Geo. I. sess. 2, c. 10; 3 Geo. I. c. 10. The trustees, who are certain dignitaries of the church, and other official personages for the time being, are incorporated by the name of " the governors of the Bounty of Queen Anne, for the augmentation of the maintenance of the poor clergy," and have authority to make rules for the distribution of the fund, which in favour of such benefactors, where the agreements are made by persons or bodies corporate having such an interest in the patronage of such churches as the act renders necessary; but an agreement by a parson or vicar must be made with consent of his patron and ordinary. The governors are also empowered by the same statute to make agreements with patrons of donatives or perpetual cures for an augmented stipend to the ministers of such benefices when augmented, to augment vacant benefices, and, with the concurrence of the proper parties, to exchange lands settled for augmentation. It should be observed that a modern statute of mortmain, the Statute of Charitable Uses, 9 Geo. II. c. 36, imposed certain forms, a strict compliance with which was necessary in all gifts to Queen Anne's Bounty. But these restrictions have been removed by statute 43 Geo. III. c. 107, as far as respects gifts of real property for augmentation of the bounty; and a provision for the augmentation of be nefices not exceeding 150l. per annum was made by 46 Geo. III. c. 133, which discharged all such benefices from the landtax, without any consideration being given for the discharge, with a proviso that the whole annual amount thus remitted should not exceed 6000l. The Ecclesiastical Commissioners for England have, since October, 1842, been pursuing a scheme for the augmentation of small livings, by which an annual net income as nearly as may be of 150l. will be secured to the incumbent of every benefice or church with cure of souls, being either a parish church or chapel, with a district legally assigned thereto, and having a population of 2000, and not being in the patronage of lay proprietors. The funds for augmentation accrue from the suspension of cathedral endowments. The number of livings which had been augmented to May 1, 1844, was 562, and the total sum applied is 29,8091. The following table will show more distinctly what has been done in the case of 496 livings: 496 25,779 towns, extends the term specified in the 13 Eliz. c. 10, to forty years, but prohib ts leases of such houses in reversion, and allows of absolute alienation by way of exchange. But the consent of patro and ordinary is still necessary in order to make the leases of parsons and vicars binding upon their successors. It is said that about the time when these statutes were passed, it was a practice for patrons to present unworthy clergymen to their vacant benefices, on condition of having leases of those benefices made to themselves at a very low rate. The consequences of this were not unlike what Popula- ensued from the appropriation of benefices tion. by monastic corporations: the incumbents 2000* did not reside, and the churches were indifferently served by stipendiary curates. To remedy this evil, it was provided by stat. 13 Eliz. c. 20 (made perpetual by 3 Car. I. c. 4), that no lease of a benefice with cure should endure longer than while the lessor should be ordinarily resident and serving the cure, without absence for more than eighty days in any one year, but should immediately, upon non-residence, become void; and that the incumbent should forfeit one year's profits of the benefice, to be distributed among the poor: but the statute contains an exception of the case where a parson, allowed by law to have two benefices, demises the one upon which he is not most ordinarily resident to his curate. The 18 Eliz. c. 11, provides that process of sequestration shall be granted by the ordinary to obtain the profits so forfeited. By stat. 14 Eliz. c. 11, bonds and covenants, and by stat. 43 Eliz. c. 9, judg ments entered into or suffered in fraud of the stat. 13 Eliz. c. 20, are made void. The alienation of the temporalities of benefices, even in perpetuity, was not forbidden by the common law, provided it were made with the concurrence of the principal parties interested, viz. the parson, patron, and ordinary. Thus, at the common law, lands might have become exempt from the payment of tithe by virtue of an agreement entered into between the tithe-payer and the parson or vicar, with the necessary consent, for the substitution of land in lieu of tithe. But the statute 13 Eliz. c. 10, prohibits, among other bodies corporate, parsons and vicars from making any alienation of their temporalities beyond the life of the incumbent, except by way of lease for twentyone years, or three lives," whereupon the accustomed yearly rent or more shall be reserved and payable yearly during the said term." Further restrictions are imposed by the stat. 18 Eliz. c. 11, which requires that where any former lease for years is in being, it must be expired, surrendered, or ended within three years next after the making of the new lease, and all bonds and covenants for renewing or making leases contrary to this and the last-mentioned statute are made void. The stat. 14 Eliz. c. 11, as to houses in • And upwards. The 13 Eliz. c. 20, also renders void all charges upon ecclesiastical benefices by way of pension or otherwise. This last provision has been held to extend to mortgages and annuities, even if made only for the life or incumbency of the mortgagor. But the strictness of the laws prohibiting all alienations by or in favour of ecclesiastical persons, has in modern times been somewhat relaxed by the legislature for purposes of public conve nience. Thus the General Inclosure Act, 41 Geo. III. c. 109, and the Land-tax Redemption Act (42 Geo. III. c. 116, amended by 45 Geo. III. c. 77, 50 Geo. II. c. 58, 53 Geo. III. c. 123, 54 Geo. II. c. 17, and 57 Geo. III. c. 100), conZer ample powers of purchase and alienation for such purposes. Other acts, as 17 Geo. III. c. 53 (amended by 21 Geo. III. c. 66, and 5 Geo. IV. c. 89), empower ecclesiastical incumbents, with consent of patron and ordinary, to raise money by sale or mortgage of the profits of the benefice, for a term, for the purpose of building and repairing parsonage-houses; and the governors of Queen Anne's Bounty are permitted to advance money for the same object. (See also 43 Geo. III. c. 108, and 51 Geo. III. c. 115.) Again, the stat. 55 Geo. III. c. 147 (amended by 1 Geo. IV. c. 6, 6 Geo. IV. c. 8, and 7 Geo. IV. c. 66) empowers incumbents, with consent of patron and ordinary, and according to the forms prescribed by the act, to exchange their parsonage-houses and glebe-lands, and to purchase and annex to their benefices other parsonage-houses and glebe-lands. (See also 56 Geo. III. c. 141.) And by the above-mentioned stat. 1 & 2 Will. IV. c. 45, rectors and vicars are enabled to charge their benefices in favour of chapelsof-ease within their cures. Although an ecclesiastical benefice cannot be alienated for the satisfaction of the incumbent's debts, the profits may be sequestrated for that purpose, even where the debt arises from an annuity which the incumbent has attempted to charge upon the benefice. (2 Barn. and Adolp. 734.) And this is the ordinary practice upon a judgment against a clergyman in one of the temporal courts. The writ of fieri facias issues against him as in the case of a layman, but the sheriff returns that he is a beneficed clerk having no lay fee; upon which a writ of levari facias issues to the bishop of the diocese, by virtue of which the profits of the benefice are sequestrated until the whole debt is satisfied. In case of a beneficed clergyman seeking his discharge under the Insolvent Act, the assignees of his estate must apply for a sequestration, in order to render the profits of the benefice available for | the payment of his debts. (7 Geo. IV. c. 57, § 28.) The duties and liabilities of spiritual persons come more properly under the head of CLERGY, but it is not inconsis tent with the subject of the present atricle to mention the non-residence of spiritual persons upon their benefices, which (besides being cognizable in the ecclesiastical courts) is visited with severe penalties by different acts of parliament. The principal of the old enactments on the subject is stat. 21 Hen. VIII. c. 13 (amended and enlarged by 25 Hen. VIII. c. 16, 28 Hen. VIII. c. 13, and 33 Hen. VIII. c. 28), which imposed certain penalties upon persons wilfully absenting themselves from their benefices for one month together, or two months in the year. The 21 Hen. VIII. c. 13, was repealed by 1 & 2 Vict. c. 106. The The following was the state of the law respecting non-residence prior to the passing of the important statute of 1 & 2 Vict. c. 106. We give these details, as they are of some historical interest. The chief statutes on the subject were the 21 Hen. VIII., c. 13 (and other acts of that king), and 57 Geo. III. c. 99. act of Hen. VIII. excepted the chaplains to the king and royal family, those of peers, peeresses, and certain public officers, during their attendance upon the household of such as retain them; and also all heads of colleges, magistrates, and professors in the universities, and all students under a certain age residing there bonâ fide for study. And the king might grant dispensations for non-residence to his chaplains, even when they were not attending his household. The residence intended by the law was to be in the parsonage-house, if there were one; but if there were no house of residence, the incumbent might reside within the limits of the benefice, or of the city, town, or parish where the benefice was situate, provided such residence were within two miles from the church or chapel of the benefice; and in all such cases a residence might be appointed by the bishop, even without the limits of the benefice. These acts (which extended also to archdeaconries, deaneries, and dignities in cathedral and collegiate churches) were consolidated and |