Residence. will sue for it. But this provision is not to extend to any Clergyman keeping a school, or to any buying or selling in the conduct of a school; nor to any Clergyman buying articles intended to be used for his family, but afterwards sold again; or to any buying or selling for profit of any kind of cattle or corn proper for the occupation of a farm, which may be lawfully held by him. This exception however is not to authorize a Clergyman to sell cattle, or corn, or other things in person, in any market or fair d. In the next place, certain penalties are inflicted upon Clergymen who are nonresident without licence, or exemption, in proportion to the duration of their nonresidence, which penalties are recoverable by any person who will sue for the same e; and certain cases are specified, in which a residence in houses, not strictly parsonage-houses, shall exempt a Clergyman from the penalties of nonresidence, and in which he shall be deemed, and returned to the Bishop, as resident f. Thus houses purchased by the Governors of Queen Anne's Bounty as residences for the Clergy, though not within the parish, shall be deemed to be such 8; and where rectories have vicarages endowed, residence in the rectory-house shall be sufficient h, and the Act gives a power to the Bishop, when there is no house of residence, to allow of any fit house within the limits of the benefice, or so contiguous as to be convenient for the purpose, to be a house of residence to all intents and purposes i. The statute next states in detail the various persons who from their offices or situations are exempted, during the time they exercise them, from the penalties of nonresidence, and also gives a power to the Bishop tok license a longer period of nonresidence than the preceding sections required, on behalf of Dignitaries of cathedrals, &c. in case it shall appear to be requisite, for the performance of their duties in their cathedrals, &c.1 but deprives such Clergymen, who do not keep the house of residence in repair, of the benefit of their respective exemptions m. It next prescribes the mode, and enumerates the cases, in which a Bishop may grant licences for nonresidence, regulates the fees payable upon such licences, and gives the Clergyman aggrieved an appeal to the Archbishop". It superadds a discretionary power in the Bishop of granting licences to reside out of the parish, or out of the house of residence, in cases not enumerated, and to assign a salary to a Curate of such parishes, where a Curate is employed; and in the case of the absence of the incumbent from the realm, to grant a licence without any application, and in such case to appoint a Curate, and assign him a salary, or if a Curate has been employed, an additional salary; such salaries to be paid by sequestration: but in all such cases the special circumstances under which such licenses were granted are to be transmitted to the Archbishop for his examination and allowance". A licence is not to be void by the death or removal of the Bishop who granted it, unless it is revoked by his successor P. The statute next directs, that all application for licences of nonresidence shall be in writing, signed by the applicant, and shall state certain particulars therein mentioned, which shall be filed by the Registrar, and shall not be open to public inspection; and states the persons who may have the power of granting such licences, in case of a vacancy of the see, or the inability of the Bishop to perform his ecclesiastical functions'. The Bishop who has granted a licence of nonresidence, or his successor, may revoke it, subject to a right of appeal to the Archbishop; and no licence is to continue in force for more than three years, or after the thirty-first of December, in the second year after the year in which it was granted s. a s. 15. p. 103. It will be observed, on reference to the Canons of 1603. that many of the subjects of this statute are also adverted to and provided for by them, and it may be useful to remark, that although these Canons do not of themselves bind the laity, except such parts as formed a portion of the canon law before the reformation, yet they bind the Clergy where they are not repugnant to the laws of the realm: thus, in addition to the laws respecting pluralities as enacted by parliament, the necessity of the two churches being within a limited distance is superadded by the canon law. s. 16. p. 105. Ps. 17. p. 106. * s. 20. p. 107. 9 s. 18. ib. * s. 19. p. 107. Copies of licences or revocations are to be filed in the registry of the diocese, a list of which is to be kept for inspection, upon payment of a certain fee, and a copy of the licence is to be transmitted to the Church-wardens of the benefice, in respect of which it is granted, and is to be publicly read at the first visitation ; a list of the licences allowed by the Archbishop, or granted in his own diocese, is to be annually transmitted to his Majesty in council, who may revoke any of them, whereupon certain proceedings are directed: but any licence revoked shall be deemed valid, as between the period of the grant and revocation ". On or before the 25th of March in each year, a return is directed to be made to the King in council, by every Bishop, of every benefice within his diocese, or subject to his jurisdiction, under the Act, with the names of the residents and nonresidents; and also the names of every Curate, licensed to serve any benefice on which the Incumbent is nonresident, and the amount of his salary, and the place of his residence; and such Incumbents as are nonresident by exemption, whether general or temporary, shall, within six weeks after the first of January in each year, notify the same to the Bishop, and state the particulars in the Act mentioned, and persons neglecting to notify within the period prescribed, are rendered liable to a penalty of twenty pounds y. The Act leaves any spiritual person still liable to ecclesiastical censure for nonresidence without licence; but no censure shall be in force, or proceedings admitted, but at the suit of the Bishop 2. In every case in which an Incumbent not licensed, and having no lawful cause of absence, does not sufficiently reside on his benefice, the Bishop may issue a monition for the purpose of enforcing residence, upon which certain proceedings are prescribed; a copy of the monition is to be registered, as well as the return made to it; which return the Bishop may require to be verified upon oath ;-where no return shall be made, or a return which is deemed unsa ts. 21. p. 108. " s. 22. ib. 2 s. 25. ib. see the 41st Canon. * s. 23. p. 109. ys. 24. p. 110. tisfactory, the Bishop may sequester the profits of the benefice, and apply them as directed by the Act, subject however to the right of appeal to the Archbishop a. Persons who shall return to residence, on monition, shall pay all costs incurred b, and if after having returned they absent themselves within six months, the Bishop may without monition sequester the profits of their benefices, subject however to the right of appeal c. The Bishop is empowered to proceed against an Incumbent for past nonresidence, and levy the penalties incurred by monition and sequestration 4, and also to remit penalties for nonresidence, for the recovery of which monition has issued, and special returns of the reasons for such remission are to be made in the manner, and to the authorities mentioned in the Acte. If any Incumbent continues under sequestration, under the provisions of the Act for two years, or incurs three sequestrations within that period, the benefice shall become void, and the Bishop shall thereupon give notice to the Patron f: all contracts and agreements for letting the house of residence, in which the Incumbent or a Curate has been required to reside, shall, upon a copy of such order being served on the occupier, be void; and any person holding it over the time appointed for the return of the Incumbent, is subjected to a daily penalty; and the Incumbent or Curate may obtain a warrant for obtaining possession thereof, if necessary, by forces; the Incumbent however is exempt from any penalty for nonresidence during the occupation by the tenant h, no oath of residence is to be required of any Vicari. No penalty is recoverable for more than one year, ending the 31st day of December, preceding the commencement of such action k Every penalty for nonresidence, for which no proceeding has been had by monition before the 1st of April, next after a s. 26. p. 111. s. 30. ib. f s. 31. p. 115. is. 34. By the ancient canon law an oath of residence was exacted from Vicars. Lyndewode 64. Athon. 24. For the reasons, see 3 Burn's Ecclesiastical Law, title, Residence. k s. 35. Ib. Curates and licences. the year No action shall be commenced against any Clergyman for any penalty, until a notice has been delivered to him and to the Bishop one calendar month at least previously, in which notice is to be contained the cause of action, and the penalties for which the person intends to sue; to be endorsed also with the name and place of abode of the attorney; and such notice is not to be given before the 1st of April, in the year next after such penalties have been incurredP; and no person can recover the penalties without proof that such notice was given 9. No evidence shall be given by the plaintiff on the trial of any cause of action, except such as is contained in the notice; and the Clergyman, against whom such an action may be brought, may pay into court such sum of money as he shall think fits. The court in which the action is brought may require the Bishop to certify in writing to the court the annual value of the beneficet, and the Incumbent may plead his licence of nonresidence in bar ". If at the time of filing any monition no notice of action for penalties has been given, none shall be afterwards brought during any proceedings under the monition *. No penalty incurred by any spiritual person shall be levied by execution against his person, if the same can be levied by sequestration within three years y. In the next place, the Statute enacts, that if any Incumbent does not reside on his benefice nine months in each year, (unless he does the duty of the same, having a legal exemption from residence, or a licence to reside out of it, or |