PART I. STATUTES DIRECTLY AFFECTING THE CLERGY. CLASS I. STATUTES RELATING TO SPIRITUAL PERSONS TRADING OR Anno 57 GEO. III. Cap. 99. An Act to consolidate and amend the Laws relating to Spiritual Persons holding of Farms; and for enforcing the Residence of Spiritual Persons on their Benefices; and for the Support and Maintenance of Stipendiary Curates in England. [10th July 1817.] WHEREAS an Act passed in the twenty-first year of PART I. the reign of his Majesty King Henry the Eighth, intituled CLASS I. An Act against Pluralities of Benefices, taking of Farms No. I. by Spiritual Men, and for Residence: and whereas another 21 H. 8. Act passed in the twenty-eighth year of the reign of his c. 13. said Majesty King Henry the Eighth, intituled An Act for 28 H. 8. compelling Spiritual Persons to keep Residence upon their c. 13. Benefices: and whereas another Act was passed in the thirteenth year of the reign of her Majesty Queen Elizabeth, intituled An Act touching Leases of Benefices, and Ec- 13 Eliz. clesiastical Livings with Cure: and whereas three several c. 20. Acts passed in the fourteenth, eighteenth, and forty-third 14 Eliz. years respectively of the reign of her said Majesty Queen 18 Eliz. Elizabeth, for explaining and amending the said recited Act of the thirteenth year aforesaid; and which were made 43 Eliz. perpetual by an Act passed in the third year of the reign of his Majesty King Charles the First, intituled An Act 3 C. 1. c. 4. for the Continuance and Repeal of divers Statutes: and whereas another Act was passed in the forty-third year of the reign of his present Majesty, intituled An Act to amend 43 G. 3. c. 11. c. 11. c. 9. c. 84 No. 1. Stat. 57 G. 3. c.99. 43 G. 3. c. 109. Stat. 2. c. 12. 36 G. 3. c. 83. pre PART I. the Laws relating to Spiritual Persons holding of Farms, CLASS I. and for enforcing the Residence of Spiritual Persons on their Benefices in England: and whereas another Act passed in the forty-third year of the reign of his present Majesty, intituled An Act to rectify a Mistake in an Act made in this sent Session of Parliament, intituled 'An Act to amend the 'Laws relating to Spiritual Persons holding of Farms, and 'for enforcing the Residence of Spiritual Persons on their Benefices in England, and to remove a Doubt respecting the "Title of the Statute of the twenty-first Year of King Henry 'the Eighth therein mentioned: and whereas an Act was passed in the twelfth year of the reign of her late Majesty 12 Anne, Queen Anne, intituled An Act for the better Maintenance of the Curates within the Church of England, and for preventing any Ecclesiastical Persons from buying the next Avoidance of any Church Preferment: and whereas an Act was passed in the thirty-sixth year of the reign of his present Majesty, intituled An Act for the further Support and Maintenance of Curates within the Church of England, and for making certain Regulations respecting the Appointment of such Curates, and the Admission of Persons to Cures augmented by Queen Anne's Bounty, with respect to the Avoidance of other Benefices: and whereas another Act passed in the fifty-third year of the reign of his present Majesty, intituled An Act for the further Support and Maintenance of Stipendiary Curates: and whereas doubts have arisen upon the construction of some of the provisions of the said Acts; and it is therefore necessary that such provisions of the said Acts should be explained, and other provisions made, and that the several laws relating to spiritual persons holding of farms, and to buying and selling, and for enforcing of residence and the maintenance of Stipendiary Curates, should be consolidated in one Act: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, so much of the said several recited Acts passed in the reign of his Majesty King Henry the Eighth, and so much of the said Acts of the reign of her Majesty Queen Elizabeth, and of the said recited Act of his Majesty King Charles the First, as relates to spiritual persons holding of farms, and to leases of benefices and livings, and to buying and selling, and to residence of spiritual persons on their benefices; and also so much of the said recited Act of 53 G. 3. c. 149. Recited acts re pealed. No. 1. her Majesty Queen Anne, and of the said recited Act of PART 1. the thirty-sixth year of the reign of his present Majesty, CLASS I. as relates to the maintenance of Curates within the Church Stat. 57 of England, and making provision for appointing stipends G. 3. c.99. for such Curates, and all the said several other recited Acts passed in the reign of his present Majesty, shall be and the same are respectively hereby repealed. to take to above acres, with shop, under acre. II. And be it further enacted, That from and after the Spiritual passing of this Act it shall not be lawful for any spiritual persons not person having or holding any dignity, prebend, canonry, farm for benefice, or any stipendiary curacy or lectureship, to take occupation to farm, for occupation by himself, by lease, grant, words, eighty or otherwise, for term of life or term of years, or at will, any lands, exceeding in amount in the whole eighty acres, out consent for the purpose of occupying or using or cultivating the of the Bisame, without the consent in writing of the Bishop of the penalty of diocese in which such dignity, canonry, prebend, benefice, 40s. per stipendiary curacy, or lectureship shall be locally situate, specially given for that purpose; and every such permission to any spiritual person to take to farm, for the purpose Occupying the same, any greater quantity of land than eighty acres, shall specify the number of years, not exceeding seven, for which the permission is given; and every such spiritual person as aforesaid who shall, without such permission as aforesaid, take to farm any greater quantity of land than eighty acres, shall forfeit for every acre of land above the quantity of eighty acres so taken to farm, the sum of forty shillings for each and every year during or in which he shall so occupy, use, cultivate, or farm such land contrary to the provisions of this Act, to be recovered by and to the use of any person who may inform and sue for the same. of tual person duty, shall III. And be it further enacted, That no spiritual person No spirihaving or holding any dignity, prebend, canonry, benefice, beneficed, stipendiary curacy, or lectureship, shall by himself, or by or performany other for him or to his use, engage in or carry on any ing eccletrade or dealing for gain or profit, or deal in any goods, siastical wares, or merchandise, by buying and selling for lucre, engage in gain, or profit, in any market, fair, or other place, upon trade, or pain of forfeiting the value of the goods, wares, and mer- buy to sell chandises, by him, or by any to his use, bargained and profit or bought to sell again contrary to the provisions of this gain. Act; and that every bargain and contract so made by him, or by any to his use, in any such trade or dealing, contrary to this Act, shall be utterly void and of none effect; and the one half of every such forfeiture shall go H again for PART I. to his Majesty, and the other half to him that will sue for CLASS I. the same. No. 1. Stat. 57 Not to ex sons en gaged in keeping IV. And be it further enacted, That nothing in this Act G. 3. c. 99. contained in relation to being engaged in trade or dealing, or buying or selling, shall extend or be construed to extend tend to spi- to, or to subject to any penalty or forfeiture, any spiritual ritual per- person for keeping a school or seminary, or acting as a schoolmaster or tutor or instructor, or being in any manner concerned or engaged in giving instruction or education for schools, or profit or reward, or for buying or selling, or doing any as tutors, other act, matter, or thing in the conduct of, or carrying &c. in re on, or in relation to the management of any such school, spect of any thing done, seminary, or employment; or to any spiritual person or any buy- whatever, for the buying of any goods, wares, or merchaning or selldises, or articles or things of any description, which shall, ing in such without fraud or covin, be bought, to the intent and purment; or pose, at the buying thereof, to be used and employed by to selling the spiritual person buying the same for his family or in his any thing bona fide household, and after the buying of any such goods, wares, bought for or merchandises, or articles or things, the selling the same the use of again, or any parts thereof, which such person may not or occupy-' want or choose to keep, although the same shall be sold at ing any any advanced price beyond that which may have been given glebe, &c. for the same; or for any buying or selling again for any employ the family; Penalty for dence. lucre, gain, or profit of any manner of cattle or corn, or other matters or things whatever, necessary, proper, or convenient to be bought, sold, kept, or maintained by any spiritual person, or any other person for him, or to his use, for the occupation, manuring, improving, pasturage, or profit of any glebe, demesne, farms, lands, tenements, or hereditaments, which may be lawfully held and occupied, possessed, or enjoyed by such spiritual person, or any other for him or to his use: Provided always, that nothing herein contained shall extend or be construed to extend to authorize any such spiritual person to sell any cattle or corn, or other matters or things as aforesaid, in person, in any market, fair, or place of public sale a. V. And be it further enacted, That from and after the non-resi- passing of this Act every spiritual person holding any benefice, who shall, without any such licence or exemption as is in this Act allowed for that purpose, wilfully absent himself therefrom for any period exceeding the space of three months together, or to be accounted at several times in any one year, and make his residence and abiding at any other a The principles of the 2d, 3d, and 4th sections of this statute are borrowed originally from stat. 21 Hen. 8. ch. 13. sect. 1, 2, 3, 4, 5, 6. 8. |