England approves of and maintains. In witness whereof, we have hereunto set our hands and seals, this

in the year of Lord

day of

A. B. rector of A.

C. D. vicar of B.

E. F. vicar of C."

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 least, in one of the universities of this realm, under the hand of the register of such university.

And in case 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 some 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 same 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 admission and institution. Deg. p. 1. c. 4.

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

"Thomas, by divine providence archbishop of Canterbury, "primate of all England, and metropolitan, by authority of par"liament lawfully impowered for the purpose herein written: To our beloved in Christ A. B. clerk, master of arts, of 66 college in the university of

66

66

right honourable C. lord.

Form of a

dispensa

tion.

and also chaplain to the health and grace. The greater "progress men make in sacred learning, the greater encourage"ment they merit; and the more their necessities are in daily [109] "life, the more necessary supports of life they require. Upon "which considerations, and being moved by your supplications "in this behalf, We do (by virtue and in pursuance of the power "vested in us by the statutes of this realm) by these presents graciously dispense with you; that, together with the rectory "of the parish church of in the county of "diocese of which you now possess, the annual fruits

and

[110]

"whereof, according to the valuation made in the books of first "fruits and tenths of ecclesiastical benefices remaining in the ex"chequer of our sovereign 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

66

not

miles or thereabouts,

"distant from the former above
"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

66

happen that you shall be for the greater part absent, as in the "other, on which you shall make perpetual and personal re"sidence, you do preach thirteen sermons every year according "to the ordinances of the church of England promulged in that "behalf; and do therein sincerely, religiously, and reverently "handle the holy word of God; and that in the benefice, from "which you shall happen to be most absent, you do nevertheless "exercise hospitality, two months yearly; and for that time, ac"cording 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 souls of that church from which you shall be most ab"sent, be in the mean time in all respects laudably served 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 case the revenues of the said church can con"veniently maintain such minister; and that a competent 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 discretion, 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 under the seal "of our office of faculties, this day of," &c.

66

66

66

The lord chancellor's confirmation.

"George the Fourth, &c. To all to whom these our present "letters shall come, greeting: We have seen certain letters of dispensation to these presents annexed; which, and every thing therein contained, according to a certain act in that be"half made in the parliament of Henry the Eighth heretofore king of England, our predecessor, we have ratified, approved, "and confirmed, and for us, our heirs and successors we do ❝ratify, approve, and confirm by these presents: So that the "reverend A. B. clerk, master of arts, in the letters aforesaid "named, may use, have, and enjoy, freely and quietly, with im"punity, and lawfully, all and singular the things in the same

specified, according to the force, form, and effect of the same, " without any impediment whatsoever, although express mention "of the certainty of the premises, or of any other gifts or grants 66 by us heretofore made to the said A. B. be not made in these 66 presents; or any other thing, cause, or matter whatsoever in any wise notwithstanding. In testimony whereof we have "caused these our letters to be made patent. Witness ourself "at Westminster the day of in the

66

"of our reign."

year

Stamp duty on dispen

sations to

7. By 55 G. 3. c. 184. Sched. Part I. tit. Dispensation, to hold two ecclesiastical dignities or benefices, or a dignity and a benefice, a stamp duty is imposed of 40l. where either of them shall be above the yearly value of ten pounds in the king's books, livings. and in all other cases 251.

hold two

8. By the 13 El. c. 20. all chargings of benefices with cure, Leases of and not impropriated with any pension, or with any profit out pluralists. of the same to be yielded or taken, other than rents reserved [ 111 ] upon leases, shall be void. § 1. (5)

9. By the 1 W. c. 26. If the universities shall present or nomi- Popish livnate to any popish benefice with cure, prebend, or other eccle- ings. siastical living, any person who shall then have any other benefice with cure of souls; such presentation shall be void.

BY

Polygamy.
See Bigamp,

Y Stat. 1 Ja. c. 11. If any person within his majesty's dominions of England and Wales, being married, shall marry any person, the former husband or wife being alive; every such offence shall be felony, and the person so offending shall suffer death as in cases of felony; and shall be tried in the county where he or she was apprehended, as if the offence had been committed in such county.

Provided, that this shall not extend to any person, whose husband or wife shall be continually remaining beyond the seas for seven years together:

Or whose husband or wife shall absent him or her self the one from the other, for seven years together, in any part within his majesty's dominions, the one of them not knowing the other to be living within that time.

Provided also, that this shall not extend to any person that

(5) This act is repealed as to leases by 57 G. 3. c. 99. § 1. See Leases, notes.

shall be at the time of such marriage divorced by any sentence in the ecclesiastical court :

Or, to any person where the former marriage hath been by sentence in the ecclesiastical court declared to be void and of no effect:

Nor to any person by reason of any former marriage had or made within age of consent.

Provided also, that no attainder for this offence made felony by this act, shall work any corruption of blood, loss of dower, or disinherison of heirs.

If any person within his majesty's dominions of England and Wales] If the first marriage was beyond sea, and the latter in [112] England, the party may be indicted here, because the latter marriage makes the offence; but if the first marriage was in England, and the latter beyond sea, it seemeth that the offender cannot be indicted here, because the offence was not within the kingdom. Kely. 79, 80. (6)

Being married] This extendeth to a marriage de facto, or voidable by reason of consanguinity, affinity, or such like; for it is a marriage in judgment of law until it be avoided; and therefore though neither marriage be de jure, yet they are within this statute. 3 Inst. 88.

Shall marry any person, the former husband or wife being alive] If a man marrieth a wife, and then marrieth another the former wife being living, and then such first wife dying he marrieth a third, the second wife being living; this marrying of the third is not felony, because the marriage with such second wife was merely void but otherwise it would have been if he had married the third, the first and true wife being living. 1 H.H. 693. Every such offence shall be felony] And such second marriage is merely void. 3 Inst. 88.

And the person so offending shall suffer death as in cases of felony] Yet he shall have the benefit of clergy; the same being not excluded by express words. 2 Inst. 89.

And shall be tried] The first and true wife is not to be allowed as a witness against the husband; but it seemeth clear, that the second wife may be admitted to prove the second marriage, being not so much as his wife de facto. 1 H.H. 693.

In the county where he or she was apprehended] This is added

(6) And such felony is not by the common law triable here in England, Kelynge's Rep. 79. cited by Sir Edw. Simpson in Scrimshire v. Scrimshire, 29 July 1752, reported 2 Hagg. Rep. 416, 1 Sid. Rep. 171. S. C. Thus the acts 11 & 12 W. 3. c. 12. and 42 G. 3. c. 85. were passed to try and punish in Great Britain persons holding public employments, for offences committed abroad: and see Tyr. & Tyn. Digest of the Statutes, tits. East India Company, Oaths, Piracy, &c. &c.

only cumulative; for he may be indicted where the second marriage was, though he be never apprehended; and so be proceeded against to outlawry. 1 H.H. 694.

Shall not extend to any person whose husband or wife shall be continually remaining beyond the seas for seven years together] And in this case notice that he or she is living, is not material, in respect of the commorancy beyond sea. 3 Inst. 88.

Beyond the seas] And this, although it be within the king's dominions; as in New England or Ireland. 1 H.H.693.

Or whose husband or wife shall absent him or herself the one from the other, for seven years together, in any part within his majesty's dominions, the one of them not knowing the other to be living within that time] So that in this case notice is material, and maketh the offence. 3 Inst. 88.

Shall not extend to any person that shall be at the time of such [113] marriage divorced by any sentence in the ecclesiastical court] And this is intended a divorce not a a vinculo matrimonii, for then without the aid of any proviso either may freely marry; but it must be intended of divorces a mensa et thoro. 1 H. H. 694.

Nor to any person by reason of any former marriage had or made within the age of consent] If the man be above fourteen and the wife under twelve, or if the wife be above twelve and the man under fourteen, yet may the husband or wife so above the age of consent disagree to the espousals, as well as the party that is under the age of consent; for the advantage of disagreement must be reciprocal. And so it was resolved by the judges and civilians, T. 42 El. in the king's bench, in a writ of error between Babington and Warner. So as if either party be within age of consent, it is no former marriage within this act. 3 Inst. 89.

H. 4 G. Strutville's case. By Parker chief justice: Where a woman marries a second husband, the first husband being alive, and the second not privy; as to what she acquired during the cohabitation, she shall be esteemed as a servant to the second husband, who is entitled to the benefit of her labour.

[This act having proved ineffectual to restrain such offences, the 35 G. 3. c. 67. subjects persons who marry, the former husband or wife being alive, to the penalties inflicted on those who are convicted of grand or petit larceny. They may now therefore be transported for the term of seven years, or, if males, confined to hard labour on board the hulks [see 56 G. 3. c. 27. § 9. 53 G. 3. c. 162.]; and if they return before the expiration of the term for which they are sentenced, are to suffer death, and may be tried either in the county where they were convicted, or in that in which they are apprehended.]