mented church, curacy, or chapel shall lie, to appoint under his hand and feal any stipend or allowance for the officiating curate, to be nominated or employed by the perpetual cu ate or incumbent thereof, not exceeding 75 pounds per annum; for which payment, the faid curate fhall have the fame; and like remedies as are by that at given to the curates of reclors and vicars, whofe fipend is augmented by the 12 Ann. ft. 2. c. 12. i. e. That 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. Vide Curates, 8. But the act fecures to all incumbents, the benefices they had accepted in conjunction with augmented cures previous to the paffing of it. /. 4.] 3. By the aforefaid ftatute of the 21 H. 8. c. 13. it is enacted, that all spiritual men being of the king's council, may purchafe licence or difpenfation, to take, receive, and keep three parjonages or benefices with cure of fouls: and all other being the king's chaplains, and not fworn of his council; the chaplains of the queen, prince, or princess, or any of the king's children, brethren, fifters, uncles, or aunts, may femblably purchafe licence or difpenfation, and receive and keep two parfɔnages and benefices with cure of fouls: Every archbishop and duke may have fix chaplains; every marquifs and earl, five ; viscount, and other bishop, four; chancellor of England for the time being, baron and knight of the garter, three; every dutchess, marchioness, countfs, and baroness, being widows, two; treasurer, controller of the king's houfe, the king's fecretary, and dean of his chapel, the king's amner, and master of the rolls, two; chief justice of the king's bɛnch, one; warden of the five ports, one; whereof every one may purchofe licence or difpenfation, and receive have and keep two parfonages or benefices with cure of fouls. And the brethren and fons of all temporal lords, which are born in wedlock, may every of them purchafe licence or difpenfation to receive have and keep as many par fonages or benefices with cure, as the chaplains of a duke or archbishop. And the brethren and fons born in wedlock of every knight, may every of them purchase licence or difpenfation, and receive take and keep two parfonages or benefices with cure of fouls. f. 13. -21.

Par fonages or benefices] Difpenfations were granted heretofore, for fuch a number of benefices, without specifying the particulars; and fometimes with an additional power to exchange, and take others; only keeping within the number in point of poffeffion at one and the fame time. But the later and fafer way hath been, to grant difpenfation

difpenfation only for preventing the voidance of a benefice in poffeffion, by the taking of a fecond, however these words may be capable of a larger interpretation. Gibl. 907.

Every duke, marquifs, earl, &c.] And altho' fuch duke, marquits, earl, or the like, be minors, and under age; yet they may retain chaplains within this act: as was ad judged in the cafe of the queen and the bishop of Salisbury; even tho' the lord admiral, in whofe cuftody the minor was, might retain chaplains in his own right. 4 Co. 119. Gibf 9 8.

But if the fon and heir apparent of a baron, or fuch like, retaineth a chaplain, and his father dieth, and the chaplain purchaseth difpenfation; fuch retainer will not avail, because it was not available at the beginning. 4 Co. 90.

And if the perfon who retained dies, or is removed, or is attainted, before any effect of the retainer; it is gone, and fhall have no effect afterwards: but if it taketh effect before, it continues good, notwithstanding death, or attainder, or removal. Gibf 908.

Brethren and fons born in wedlock of every knight] But not brethren or fons of baronets; which dignity hath been created fince the making of this act, Gibf. 908. That is, if fuch baronets are not alfo knights.

S. 22. Provided, that the faid chaplains fa purchasing, taking, receiving, and keeping benefices with cure of fouls, as is aforefaid, fhall be bound to have and exhibit; where need shall be, letters under the fign and feal of the king or other their lord and mafter, testifying whose chaplains they be; and elfe not to enjoy any fuch plurality of benefices by being fuch chaplain: any thing in this act notwithstanding.

Letters under the sign and jeal] Which may be in this form:"Know all men by these prefents, that I the right "honourable A. lord baron of have ad"mitted, conftituted, and appointed the reverend B. C. ❝ clerk, my domeftick chaplain; to have, hold, and en"joy all and fingular the benefits, privileges, liberties, "and advantages, due and of right granted to the chap"lains of noblemen by the laws and ftatutes of this realm. "Given under my hand and feal, the day of

in the year," &c.

And the fame being under hand and feal, it feemeth that if there fhall be lawful caufe to difcharge him, fuch discharge must be alfo under hand and feal: Which may be to this effect: "Whereas I the right honourable A.

H 3

"lord

"lord

baron of by writing under my hand

"and feal, bearing date the day of did ad"mit, conftitute, and appoint B. C. clerk, my domef "tick chaplain; to hold and enjoy all benefits, privi"leges, and advantages belonging to the fame: Now by "these presents, I the faid A. lord do for divers "good and lawful caufes and confiderations, difmifs and "difcharge the faid B. C. from my fervice as domeftick chaplain, and from all privileges and advantages to "him granted as aforesaid. Given under my hand and day of in the year," &c. S. 23. And all doctors and bachelors of divinity, doctors of law, and bachelors of law canon, and every of them, which. fhall be admitted to any of the faid degrees by any of the univerfities of this realm, and not by grace only, may purchafe licence, and take, have, and keep two parfonages or benefices with cure of fuls.

"feal, the

Bachelors of law canon] Dr. Ayliffe fays, that no degree. in the canon law law hath been taken fince the reformation. Ayl. Par. [418] (a)

And not by grace only] This feems to be explained by a like expreffion in the ftatute of the 14 H. 8. c. 5. intitled,The privileges and authority of phyficians in "London," by which, provifion is made for the exa mination of phyficians by the prefident and elects, except be be a graduate of Oxford or Cambridge, which hath accomplished all things for his form, without any grace; that is, (as it feemeth,) hath performed the ftatutable exercifes in order to fuch degree, without any favour or difpenfation therein. Gilf. 908, 909.

S. 24. Provided, that every archbishop, because he must occupy eight chaplains at confecrations of bishops; and every biShop, because he must occupy fix chaplains at giving of orders and confecration of churches, may every of them have two chaplains over and above the number above limited unto them

whereof every one may purchase licence or difpenfation, and take receive and keep as many par fonages and benefies with cure of fouls, as is before affigned to fuch chaplains.

Dr. Ayliffe fays, that notwithstanding this claufe, bishops can only qualify this number for the purposes here men

(a) Hen. 8. in the 37th year of his reign, iffued a mandate to the university of Cambridge to prohibit the taking of degrees in the canon or pontifical law. See Mr. Chriftian's wote to v Bla. Com. 392,

tioned,

tioned, of ordination and confecration; but that they can qualify no more than four, for a licence or difpenfation :But this feemeth contrary to the words of the clause as above recited. Ayl. Par. [418.]

S. 25. Provided alfo, that no perfon to whom any number of chaplains or any chaplain, by any of the provifions aforesaid is limited, fhall in any wife, by colour of any of the fime provifions, advance any spiritual perfon or perfons, above the number of them appointed, to receive or keep any more benefices with cure of fouls, than is above limited by this act, any thing Specified in the faid provisions notwithstanding; and if they do, then every fuch fpiritual perfon or perfons, f advanced above the faid number, to incur the penalty contained in this act.

Above the number] Altho' a chaplain retained above the number, be promoted before those who were duly retained according to the ftatute; fuch retainer (above the number) fhall neither avail him, nor diveft those who were duly. retained of the right of purchafing difpenfation; nor fhall he ever have benefit by his retainer (even tho' the rest are dead) unless it be renewed upon the death of one of those who made up the ftatutable number: inasmuch as the retainer was null ab initio; and a chaplain once legally qualified, cannot be discharged at pleasure, to make way for others. Gif. 909.

So if a baron (who can have but three chaplains) doth qualify three accordingly, and they being advanced to pluralities, he upon difpleasure or for other caufe doth difmifs them from their attendance, yet they are his chaplains at large, and may hold their pluralities for their lives: and tho' he may entertain as many other as he will, yet he cannot qualify any of them to hold a plurality, whilft the first three are living. And fo of others. But as any of the three firft die; he may qualify others, if fo be he retain them anew after the death of the firit. Watf. c. 3.

If a baron, who may retain three chaplains as aforefaid, be made warden of the cinque ports (who may have a chaplain in refpect of his office), yet fhail he have but three; and if a baron ha h three, and be made an earl, yet he fhall have but five in all; and fo of the reit: becaufe the ftatute is to be taken ftrictly against pluralities. Gibf. 909.

S. 29. Provided, that it shall be lawful to every firitual perfin, being chaplain to the king, to whom it shall please the king to give any benefices or promotions fpiritual, to what num

H 4

ber

Regulation of difpenfations by

canon.

ber foever it be, to accept and take the fame, without incurring the penalty and forfeiture of this flatute.

Being chaplain to the king] It hath been refolved in the court of king's bench, that a chaplain extraordinary is not a chaplain within this ftatute, but only the chaplains in ordinary; that is, not one who has only an entry of his name made in the book of chaplains, but one who has also a waiting time. Gitf. 909. 1 Salk. 162.

To accept and take the fame] Without previous difpenfation; which the king him elf, as fupreme ordinary, hath power to grant, and his prefentation of his own chaplain imports the granting of it. But if the king's chaplain be prefented to a fecond benefice by a subject, a dispensation is neceffary, and must be obtained before his inftitution to the fecond living. Gibf. 909. 1 Salk. 161.

S. 31. Provided alf, that no deanry, archdeaconry, chancello fhip, treasurer fhip, chantership, or prebend in any cathedral or collegiate church, nor parsonage that hath a vicar endowed, nor any benefice perpetually appropriate, be taken or comprehended under the name of benefice having cure of fouls, in any article efore fpecified.

S. 33. Provided af, that every dut.h fs. marquis, countefs, baronefs, widows, which have taken, or that hereafter fhall take any husbands under the degree of a baron, may take fuch number of chaplains, as is above limited to them being widows, and that every fuch chaplain may purchase licence to have and take fuch number of benefices with cure of fouls, in manner and form as they might have done, if their faid ladies and miftrees had kept themfelves widows.

Being widows] And tho' they marry, the retainer be'fore marriage ftands good, and fhall have its effect after marriage. If they marry under the degree of a baron, they are specially provided for in this claufe, and if they marry a baron, or above that degree, my lord Coke bas laid down the law in the following words: If a woman baronefs retaineth two chaplains according to the statute, and afterwards taketh one of the nobility to husband; the retainer of thefe two chaplains remaineth, and they without new retainer may take two benefices; for, their retainer was not ended by the marriage. 4 Ca. 119. Gibf. 909.

4 Can. 41. No licence or difpenfation for the keeping of more benefices with cure than one, shall be granted to any, but fuch only as fhall be thought very well worthy for his learning, and very well able and fufficient to discharge his duty: that is, who shall have taken the degree of a master of arts at the leaft