for by dispensation, a man at this day with us (though he be not qualified by degree in the university, retainer, or birth) may hold as many benefices without cure, of what value soever, as he can get; all of them, or all but the last, being under the value of 81. a-year. Wats. c. 3.

Any licence, union, or other dispensation to the contrary notwithstanding] The union here spoken of, is meant of a temporary union for the life of the incumbent; instances of which are common both before and since the reformation. Gibs. 907.

And every such license, union, or dispensation, contrary to this act, shall be utterly void and of none effect] One being possessed of two benefices by dispensation according to this statute, did afterwards by a trialty (or a dispensation to hold three) obtain a third benefice, and enjoyed all the three; and Dyer says, that divers justices and serjeants were of opinion, that the first of the three was void, and the profits of the third forfeited by this clause, and that only the second remained to him. Gibs. 907. Dyer 327.

Also in the case of the king against the bishop of Chichester, where one had two benefices with cure, by dispensation, and then took a third with cure (and, as it seemeth, without dispensation); it is said to have been adjudged, that both the two first shall be void. Gibs. 907. Noy. 149.

And the words of Hobart are; I hold, if a man take a trialty which is not allowed him, he cannot by that take two benefices, because his dispensation is void. Hob. 158.

The rule of the canon law is, that if a person having two bene-[99] fices incompatible, shall by dispensation accept a third, and be in quiet possession thereof, the two first shall be ipso facto void. Gibs. 907.

Upon all which considerations, if a third benefice is to be taken by one who already holds two by dispensation, the best way is to determine which of the two he will hold with the third, and to make the other void by resignation, before he accepts the third. Gibs. 907.

[By 36 G. 3. c. 83. § 4. "whereas doubts have been lately enter"tained (4) whether the acceptance of such augmented churches, "curacies, and chapels, has rendered voidable in law such other "benefices as the incumbents possessed before their acceptance of "the same: and whereas it is fit that many incumbents who have "accepted such churches, &c., should be quieted in the possession of the "benefices they enjoyed before the acceptance of the same." It is enacted and declared, That all such benefices as were held in conjunction with augmented cures before 14th May 1796, shall

(4) Sir W. Scott's opinion, on 9th May, 1793, was, that such augmented cures were within the statute of pluralities. See MSS. Cas. 38.

act.

continue to be held by the present incumbents therewith: and that it shall not be lawful to present to the said benefices until they shall become void or voidable by death or cession, or by other lawful cause of avoidance arising after the passing of this The 47 G. 3. Sess. 2. c. 75. recited this provision and extended a like protection to incumbents of benefices who had unwarily accepted such augmented churches, &c. after 14th May 1796: that act was repealed by 48 G. 3. c. 5., which continued a like protection to incumbents of churches, and so accepted up to 21st Jan. 1808.]

Shall procure and obtain at the court of Rome] In the catalogue of faculties which were grantable at Rome in the times of popery (besides the common dispensations to hold two, three, or four benefices incompatible) are these three that follow: 1. A dispensation to whatsoever and how many soever benefices incompatible to the value of 500l. a year. 2. To the value of 1000l. a year. 3. Without any restriction. The price of each rising gradually, according to the degree of favour and profit. Gibs. 907.

And how much the practice, as well as law, of holding pluralities was altered by this statute, from what it was whilst the right of dispensation rested in the pope, will appear (amongst many other such like which might be mentioned) from the famous instance of Bogo de Clare, rector of St. Peter's in the East in Oxford; who, in the eighth year of king Edward the first, was presented by the earl of Gloucester to the church of Wyston in the county of Northampton, and obtained a dispensation to hold the same, together with one church in Ireland, and fourteen other churches in England in nine different dioceses; all which benefices were valued at that time at 2681. 6s. 81d. Ken. Par. Ant. 292. Gibs. 907. Wood's Hist. et Antiq. Univ. Oxon, 116.

[Finally by the 36 G. 3. c. 83. § 3. which recites the expediency, that churches, curacies, and chapels, augmented by the governors of Queen Anne's bounty, and declared to be perpetual cures and benefices by 1 G. 1. stat. 2. c. 10. should be subject to the same rules as benefices, with respect to the avoidance of other benefices; it is enacted, that such augmented churches, curacies, and chapels shall be considered in law as benefices presentative, so that the licence thereto shall operate in the same manner as institution to such benefices, and shall render voidable other livings in like manner as institution to the said benefices.]

[59 G. 3. c. 40., after reciting in the preamble, That whereas certain clergy lawfully possessed of two benefices by dispensation, have afterwards, without having resigned or otherwise vacated one of them, obtained a new dispensation to hold another benefice with one of those of which they were before possessed, and have been therefore put in possession of such other [viz. 3rd.]

benefice, and whereas doubts have arisen, whether for want of
previous resignation or other vacation by such clergy of such
one of the benefices before held by them by dispensation as was
not intended to be held with the last taken benefice, the subse-
quent dispensation was valid in law, and whether not only the
benefice intended to be made void, but also the other benefice
so previously possessed by such clergy, and intended to be held
by them with the other benefice by virtue of such subsequent
dispensation, have not been rendered void. Enacts by § 1. That
in every
such case which has occurred before 14 June 1819, no
patron, &c. shall present to such benefice so rendered void by
reason of such avoidance as above. By § 2. Incumbents of such
benefices may enjoy the emoluments thereof, and all their acts
and deeds relating thereto, are valid. And § 3. is a proviso for
the patron's right to nominate to such benefice on the death or
resignation &c. of the incumbent.]

statute.

3. By the aforesaid statute of the 21 H. 8. c. 13. it is enacted, [100] that all spiritual men being of the king's council, may purchase Dispensalicence or dispensation, to take, receive, and keep three parson- tion of plurality by ages or benefices with cure of souls: and all other being the king's chaplains, and not sworn of his council, the chaplains of the queen, prince, or princess, or any of the king's children, brethren, sisters, uncles, or aunts, may semblably purchase licence or dispensation, and receive and keep two parsonages and benefices with cure of souls: Every archbishop and duke may have six chaplains; every marquis and earl five; viscount, and other bishop, four; chancellor of England for the time being, baron and knight of the garter, three; every duchess, marchioness, countess, and baroness, being widows, two; treasurer, controller of the king's house, the king's secretary, and dean of his chapel, the king's amner, and master of the rolls, two; chief justice of the king's bench, one; warden of the five ports, one; whereof every one may purchase licence or dispensation, and receive, have, and keep two parsonages or benefices with cure of souls. And the brethren and sons of all temporal lords, which are born in wedlock, may every of them purchase licence or dispensation to receive, have and keep as many parsonages or benefices with cure, as the chaplains of a duke or archbishop. And the brethren and sons born in wedlock of every knight, may every of them purchase licence or dispensation, and receive, take, and keep two parsonages or benefices with cure of souls. § 13.- -21. (5)

Parsonages or benefices] Dispensations were granted heretofore, for such a number of benefices, without specifying the particulars; and sometimes with an additional power to exchange, and take

(5) Bishops suffragans may hold two benefices with cures, 26 H. 8. c. 14. § 8. and see Com. Dig. tit. Prerogative (D 18.) Esglise (N. 5, 6, 7, & 9.)

others; only keeping within the number in point of possession, at one and the same time. But the later and safer way hath been, to grant dispensation only for preventing the voidance of a [101] benefice in possession, by the taking of a second, however these words may be capable of a larger interpretation. Gibs. 907.

Every duke, marquis, earl, &c.] And although such duke, marquis, earl, or the like, be minors, and under age; yet they may retain chaplains within this act: as was adjudged in the case of the queen and the bishop of Salisbury; even though the lord admiral, in whose custody the minor was, might retain chaplains in his own right. (6) 4 Rep. 119. Gibs. 908.

But if the son and heir apparent of a baron, or such like, retaineth a chaplain, and his father dieth, and the chaplain purchaseth dispensation; such retainer will not avail, because it was not available at the beginning. (7) 4. Rep. 90.

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

Brethren and sons born in wedlock of every knight] But not brethren or sons of baronets; which dignity hath been created since the making of this act. Gibs. 908. That is, if such baronets are not also knights. (8)

§ 22. Provided, that the said chaplains so purchasing, taking, receiving, and keeping benefices with cure of souls, as is aforesaid, shall be bound to have and exhibit, where need shall be, letters under the sign and seal of the king or other their lord and master, testifying whose chaplains they be; and else not to enjoy any such plurality of benefices by being such chaplain: any thing in this act notwithstanding.

baron of

Letters under the sign and seal] Which may be in this form: "Know all men by these presents, that I the right honourable A. lord have admitted, constituted, "and appointed the reverend B. C. clerk, my domestic chaplain; "to have, hold, and enjoy all and singular the benefits, privileges, liberties, and advantages, due and of right granted to "the chaplains of noblemen by the laws and statutes of this "realm. Given under my hand and seal, the

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in the year," &c. (9)

-day of

And the same being under hand and seal, it seemeth that if

(6) Acton's case.

(7) Drury's case.

(8) Nor is the son of a bishop, or bastard of a temporal lord, qualified. Com. Dig. Esglise. (N. 8.)

(9) Must be both signed and sealed. Godb. 41. though he officiate in the family as chaplain. Ib. Sav. 135. contr.

there shall be lawful cause to discharge him, such discharge must be also under hand and seal: Which may be to this effect: "Whereas I the right honourable A. lord baron of baron of [102] "by writing under my hand and seal, bearing date the "day of did admit, constitute, and appoint B. C. clerk, my "domestic chaplain; to hold and enjoy all benefits, privileges, " and advantages belonging to the same: Now by these presents, "I the said A. lord do for divers good and lawful causes, " and considerations, dismiss and discharge the said B. C. from my service as domestic chaplain, and from all privileges and "advantages to him granted as aforesaid. Given under my "hand and seal, the day of in the year," &c.

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23. And all doctors and bachelors of divinity, doctors of law, and bachelors of law canon, and every of them, which shall be admitted to any of the said decrees by any of the universities of this realm, and not by grace only, may purchase licence, and take, have, and keep two parsonages or benefices with cure of souls. Bachelors of law canon] Dr. Ayliffe says, that no degree in the canon law hath been taken since the reformation. Ayl. Par. [418] (y).

And not by grace only] This seems to be explained by a like expression in the statute of the 14 H. 8. c. 5. intitled, "The pri"vileges and authority of physicians in London;" by which, provision is made for the examination of physicians by the president and elects, except he be a graduate of Oxford or Cambridge, which hath accomplished all things for his form, without any grace; that is, (as it seemeth,) hath performed, the statutable exercises, in order to such degree, without any favour or dispensation therein. Gibs. 908, 909.

§ 24. Provided, that every archbishop, because he must occupy eight chaplains at consecrations of bishops; and every bishop, because he must occupy six chaplains at giving of orders and consecration 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 dispensation, and take, receive, and keep as many parsonages and benefices with cure of souls, as is before assigned to such chaplains.

Dr. Ayliffe says, that notwithstanding this clause, bishops can only qualify this number for the purposes here mentioned, of ordination and consecration; but that they can qualify no more

(y) Hen. 8. in the 37th year of his reign, issued a mandate to the university of Cambridge to prohibit the taking of degrees in the canon or pontifical law. Stat. Acad. Cant. 137. [It is probable, says Mr. Christian, that at the same time Oxford received a similar prohibition, I. U. D. or juris utriusque doctor,' viz. a doctor of civil and canon law is still common in foreign universities. 1 Bla. Com. 392, note 36.