in one of the universities of this realm, and be a publick and Sufficient preacher licensed. Provided always, that he be by a good and fufficient caution bound to make his perfonal refidence in each of his faid benefices for some reasonable time in every year; and that the faid benefices be not more than thirty miles diftant afunder; and lastly, that he have under him, in the benefice where he doth not refide, a preacher lawfully allowed, that is able fufficiently to teach and instruct the people.

Very well worthy for his learning) So is the tenor of the Lateran council under Innocent the Third against pluralities; where it is allowed, in this particular case and in no other, that the fee apoftolic may dispense with persons of fublime abilities and learning, that they may be honoured with more benefices than one. Gibl. 910.

A publick and sufficient preacher licensed] With regard to his being thus qualified (which in those days was not a common qualification), there is usually a proviso in the body of the dispensation, that in either of the churches he preach thirteen fermons every year, according to the orders of the church of England published in that behalf, and therein handle the word of God religiously and reverently. Gibf. 910.

Bound to make his personal refidence for some reasonable time] In every dispensation to hold two benefices, there is a provifo, that in that benefice from which he shall be the more abfent, he shall exercise hofpitality for at least two months every year: and that provifo being evidently founded on this canon; every pluralist, who doth not observe it, is punishable by ecclefiaftical cenfures. Gibf. 911.

Not more than thirty miles distant) Heretofore, it was usual to obtain licences from the king, to take two benefices beyond the distance of thirty miles, by way of difpensation with this canon; and in such cases we find this clause in the faculties granted by the archbishop, "The king's licence for distance beyond thirty miles " having been first granted to you," or the like; by reason of which licence and clause, they have been usually called royal difpenfations. But none of these (as it seemeth) have been granted since the Revolution; it having been then set forth in the declaration of rights, 1 W. feff. 2. c. 2. that the power of fufpending laws or the execution of laws, by regal authority, without consent of parliament, is illegal; and with respect to acts of parliament in particular, it is enacted by that statute, that no difpenfation by non obstante of any statute shall be allowed, unless the same shall be specially provided for in such statute. Gib/.911.

Thirty miles] H. 15 G. 3. K. & Clive. In the common pleas: In a quare impedit, on the presentation to the rectory of Adderley St. Peter in the county of Salop, being a benefice of above 81, value in the king's books; the declaration states, that Clive, being incumbent of Adderley, had accepted the vicarage of Clun, at more than 30 miles distance from Adderley, whereby the latter became void, Clive pleads a dispensation under the great feal, and denies that the livings are more than 30 miles distant. And upon that, issue is joined. On the trial, it was proved, by an actual admeasurement, along the turnpike road, that the distance from church to church was 48 miles, from parish to parish 43 miles; that the direct horizontal diftance from church to church was 42 miles, from parish to parish 38 miles: But that by computation in the country the two livings were but 29 miles diftant, and this was the usual method of computing distances upon such dispensations. Of which opinion was the judge who tried the cause and a special jury, who found a verdict for the defendant. It was moved for a new trial, alleging that the measured distance was the only one the law could take notice of: And the statute of 35 Eliz. c. 6. was cited, wherein a mile is declared to contain 8 furlongs, each fur long 40 poles, and each pole 16 feet and an half. On shewing cause against a new trial, it was argued, that the distance of the parishes is a matter merely regulated by the canons of the church, which may be directory in fuch cafes to the archbishop, but is not taken notice of in the statute of dispensations, nor ever called in question in the king's temporal courts: Therefore the issue is immaterial. But if material, the ecclesiastical laws must be the rule in this cafe, and there the uniform practice has been to go by computed miles. And the court were clearly of opinion, that by the temporal law, the distance of the churches is immaterial; and they discharged the rule for a new trial. Black. Rep. 968.

N. B. In many parts of England, as also in Scotland, the computed miles most commonly run in the proportion of about two computed to three measured miles. What has been the original of the difference, seems difficult to afcertain.

[It has been remarked, that in many parts of the country the computed miles are long or short, in proportion to the difficulty or ease of travelling the road.]

That he have under him, in the benefice where he doth not refide, à preacher lawfully allowed) In pursuance of this canon (and not of any thing in the statute), a clause to

the

the like purpose is inserted in the faculty or dispensation. Gibf. 911.

And it is further provided by Canon 47. that whosoever hath two benefices, shall maintain a preacher licensed, in the benefice where he doth not refide; except he preach himself at both of them usually.

5. The method which a presentee must pursue, in order to obtain a dispensation, is as followeth :

He must obtain of the bishop in whose diocese the livings are, two certificates of the values in the king's books, and the reputed values and distance of such livings; one certificate for the archbishop, and the other for the lord chancellor. And if the livings lie in two dioceses; then two certificates, as aforesaid, are to be obtained from each bishop, each certifying the value in the king's books, and the reputed value of the living in his own diocese; and both of them the reputed distance of the two livings.

Which certificates may be in this form :

"To the most reverend father in God, Thomas, by divine providence lord archbishop of Canterbury, primate of all England, and metropolitan :

"Whereas A. B. clerk, master of arts, vicar of C. in the county of D. and in my diocese of E. is presented to the rectory of F. in the county and diocese aforesaid; These are therefore to certify your grace, that the said vicarage of C. is valued in the king's books at the reputed yearly value of - That the faid rectory

of F. is valued in the king's books at

reputed yearly value of from each other about

the

day of -."

- is of

is of the

And that they are diftant

miles, Witness my hand

The like to the lord high chancellor of Great Britain.
He must also exhibit to the archbishop, his presentation

to the second living.

And also bring with him two papers of teftimonials from the neighbouring clergy, concerning his behaviour and conversation; one for the archbishop, and the other for the lord chancellor.

The form of which testimonials may be thus:

"To the most reverend father in God, Thomas, by divine providence, lord archbishop of Canterbury, primate of all England, and metropolitan :

"We whose names and feals are hereunto fubscribed and set, do humbly certify your grace, that we have personally known the life and behaviour of A. B. clerk, master of arts, vicar of G. in the county of D. and diocese of E. for

the

1

Manner of obs

taining a dife

penfatione

the space of three years now last past; that he hath, during
the faid time, been of good and honest life and conversa-
tion, a faithful and loyal subject to his majesty king George
the third, and hath not (fo far as we know) held, written,
or taught any thing, but what the church of England ap-
proves of and maintains. In witness whereof, we have
hereunto fet our hands and seals, this
the year of our Lord

一.

day of

in

A. B. rector of A:

C. D. vicar of B.

E. F. vicar of C.

Form a difpenfation.

And he must in like manner exhibit to the archbishop his letters of orders of deacon and priest.

And he must also exhibit to the archbishop, a certificate of his having taken the degree of master of arts at the leaft, in one of the universities of this realm, under the hand of the regifter of fuch university.

And in cafe he be not doctor or bachelor of divinity, nor doctor of law, nor bachelor of canon law; he is to procure a qualification (according to the form above expressed) as chaplain to some nobleman, or to fome other person impowered by law to grant qualifications for pluralities (which is also to be duly registered in the faculty office) in order to be tendered to the archbishop, according to the statute. And if he hath taken any of the aforesaid degrees, which the statute allows as qualifications; he is to procure a certificate thereof in the manner before mentioned, and to exhibit the fame to the archbishop. Ecton, 444.

After which, his dispensation is made out at the faculty office; where he gives security according to the direction of the canon. And afterwards he must repair to the lord chancellor, for confirmation under the broad seal.

All which being done, he is then to apply himself to the bishop of the diocese where the living lies, for his admiffion and institution. Deg. p. 1. c. 4.

6. In pursuance of the stature and canons aforegoing, the form of a dispensation is usually as followeth :

"Thomas, by divine providence archbishop of Can"terbury, primate of all England, and metropolitan, by "authority of parliament lawfully impowered for the " purpose herein written: To our beloved in Chrift "A. B. cleık, master of arts, of - college in the uni"versity of and also chaplain to the right honourable " C. lord health and grace. The greater progress " men make in facred learning, the greater encourage

" ment 1

"ment they merit; and the more their neceffities are in
" daily life, the more necessary supports of life they re-
"quire. Upon which confiderations, and being moved
" by your fupplications in this behalf, We do (by vir-
"tue and in pursuance of the power vested in us by the
"statutes of this realm) by these presents gracioufly dif-
" pense with you; that, together with the rectory of the
" parish church of in the county of
and dio-
" cese of which you now possess, the annual fruits
"whereof, according to the valuation made in the books
" of first fruits and tenths of ecclefiaftical benefices re-
" maining in the exchequer of our fovereign lord the
"king, do not exceed the sum of - you may freely
" and lawfully accept, and hold as long as you shall
" live, the rectory of the parish church of
- in the
*" county of - and diocese of not diftant from the
"former above - miles or thereabouts, the annual
"fruits whereof according to the valuation aforesaid,
" do not exceed the sum of - Provided always that
"in each of the churches aforesaid, as well in that,
" from which it shall happen that you shall be for the
greater part absent, as in the other, on which you
" shall make perpetual and personal residence, you do
"preach thirteen fermons every year according to the
" ordinances of the church of England promulged in
" that behalf; and do therein fincerely religioufly and
" reverently handle the holy word of God; and that in
"the benefice, from which you shall happen to be most
"abfent, you do nevertheless exercise hofpitality, two
"months yearly; and for that time, according to the
" fruits and profits thereof, as much as in you lieth, you
"do support and relieve the inhabitants of that parish,
" especially the poor and needy. Provided also, that
"the cure of the fouls of that church from which you
"shall be most absent, be in the mean time in all re-
"spects laudably ferved by an able minister, capable to
"explain and interpret the principles of the Christian
"religion, and to declare the word of God unto the
"people, in cafe the revenues of the faid church can
"conveniently maintain such minister; and that a com-

"

petent and sufficient salary be well and truly allowed " and paid to the said minister, to be limited and allotted " by the proper ordinary at his difcretion, or by us or " our successors, in case the diocesan bishop shall not "take due care therein. Provided nevertheless, that "these presents do not avail you any thing, unless duly "confirmed by the king's letters patent. Given un" der