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Within six months after institution or collation, the new Incumbent or Prebendary is to take the oaths required by law, in one of the courts of Westminster, or at the General Quarter Sessions of the county, city, or place where he resides.
First fruits are to be paid within three months after institution or collation, by attention to which considerable expense and trouble will be avoided. The Office adjoins the Bounty-Office, in Great Dean's-yard, Westminster.
Tenths become due annually at Christmas, and are to be paid immediately afterwards; attention to which will save trouble and expense. The Office adjoins the Bounty-Office, in Great Dean's-yard, Westminster.
By the act of Parliament, 1 Vict. ch. 20, intituled, "An Act for the Consolidation of the Offices of First Fruits, Tenths, and Queen Anne's Bounty," the collection of First Fruits and Tenths is transferred to the latter office.
Instructions for the proper Resignation of a Benefice.
A RESIGNATION is the voluntary yielding up (into the hands of the Ordinary) the interest the incumbent hath in his benefice. (Godolph. Abr. 284.)
A clergyman desirous of resigning his benefice should intimate his wishes to the Bishop of the diocese in which his preferment is situated, and state his reasons for so doing: for unless the Bishop agrees to accept his resignation, no further steps can be taken in the matter. (Gibs. 822. 1 Still. 334.)
The Ordinary is not bound to accept a resignation; though his acceptance is absolutely necessary to render any resignation valid. (S. C. 4. Bac. Abr. 472. Burns iii. 321.)
The proper stamp for a resignation is the common deed stamp, and the attestation of the notary requires a 5s. stamp.
All engagements, entered into before 9th April 1827, to resign, when another person specially named shall become qualified to take the same, are (by 7 & 8 Geo. IV. c. 23.) valid and effectual in law.
But if the person so specially named be not presented to such benefice, or spiritual office, within six months next after such resignation, the resignation which shall so have been made pursuant to such engagement shall to all intents and purposes be void and of no effect, and the spiritual person who shall have so resigned shall, without any act or form, and as if such resignation had not been made, be deemed and taken to all intents and purposes to be and to have continued the incumbent actually in possession-although any other person, within the said six
months, may have been presented, collated, nominated, instituted, or inducted thereto-provided such person so resigning shall not by reason of any other act or thing, become disqualified to hold the same. (7 & 8 Geo. IV. c. 23. s. 4)
As the Ordinary has nothing to do with a DONATIVE, admission and institution not being necessary, and as the parson comes in by the donor, who hath the sole visitation, so he may make resignation to the donor. (Godolph. Abr. 191.)
It has been resolved that a resignation, until it be accepted by a Bishop, and acknowledged by him, does not make the church void; a resignation to a proctor is not sufficient. (Smith v. Foaves, Noy. Godol. Abr. 261.)
By 31 Eliz. c. 6. s. 8., It is enacted, That if any incumbent of any benefice with cure of souls do or shall corruptly resign or exchange the same or corruptly take for, or in respect of, the resigning or exchanging of the same directly or indirectly, any pension, benefit, or sum of money whatsoever, as well the giver as the taker of any such pension, &c., shall lose double the value of the sum so given, taken, or had, and double the value of one year's profit of every such benefice.
A CLERGYMAN desirous to resign preferment must state the reasons which induce him to do so to the Bishop, and, if the latter agrees to accept the resignation, the proper instrument is to be prepared by the Bishop's secretary or other officer, to be executed by the incumbent in the presence of a notary public and credible witnesses; and if such resignation cannot conveniently be tendered by the incumbent, in person, to the Bishop; proctors or substitutes may be named in the deed of resignation, for them, or one of them, in the name of the incumbent, to exhibit such resignation to the Bishop; who, upon the same being exhibited by the incumbent or his proctor, will declare his acceptance thereof, and will order that intimation of the avoidance of the benefice (if not in the Bishop's own gift) be given to the patron.
The proper stamp for resignation is the common deed stamp ; and the attestation by the notary requires a 5s. stamp.
A resignation is not complete until accepted by the Bishop; and therefore, until after such acceptance, the patron may not present a new clerk to the resigned living.
The acts of parliament relating to engagements to resign are 7 & 8 G. 4. cap. 25, and 9 G. 4. cap. 94.
No patron may be a party to an engagement for the resignation to him of a benefice, or other spiritual office, who is not possessed of the patronage, as private property. [See 6 sect. 9. Geo. 4. ch. 94.]
If the engagement is proposed to be made for the resignation in favor of one or two nominees, each of them must be related by blood, or marriage, in the degrees specified (uncle, son, grandson, brother, nephew, or grand nephew) to the patron, or one of the patrons, of the preferment, &c., &c. In every case the engagement must be entered into previous to the presentation. [See 1st and 2nd sections 9 Geo. 4. ch. 94.]
Engagements to resign are not effectual, unless one part of the deed be deposited in the proper registry within two months after the date thereof. [See 4th section.]
It is necessary to observe, that no engagement to resign, unless made in conformity with the last mentioned act, can be entered into without rendering the parties to it liable to the severe penalties of the Act 31 Eliz. ch. 6; which observation applies equally, whether such illegal engagement be by verbal promise, or by an instrument in writing.
Where a resignation is made, in pursuance of an engagement entered into under the provisions of the Act 9 G. IV. ch. 94, the instrument of resignation is to contain certain statements, as directed by the 5th section of that Act: "And be it further enacted, That every resignation to be made in pursuance of any such engagement as aforesaid shall refer to the engagement in pursuance of which it is made, and state the name of the person for whose benefit it is made; and that it shall not be lawful for the Ordinary to refuse such resignation, unless upon good and sufficient cause to be shown for that purpose; and that such resignation shall not be valid or effectual except for the purpose of allowing the person for whose benefice it shall be so made to be presented, collated, nominated, or appointed, to the spiritual office thereby resigned; and shall be absolutely null and void, unless such person shall be presented, collated, nominated, or appointed as aforesaid, within six calendar months next after notice of such resignation shall have been given to the patron or patrons of such spiritual office."
Observations respecting the AVOIDANCE of
and Benefices, by the Incumbent thereof taking another Benefice or Cathedral Preferment, contrary to the Provisions of the Act 1 & 2 Vict. ch. 106.
1st. If any spiritual person, holding any cathedral preferment or benefice, shall (see sect. 11.) accept any other cathedral preferment or benefice, and be admitted, instituted, or licensed to the same, contrary to the provisions of the said Act, (but observe, it is not contrary to such provisions to hold one cathedral preferment and one benefice together, without a dispensation, nor to hold two benefices, within certain limits, together, by dispensation,) every cathedral preferment or benefice so previously held by him shall be and become ipso facto void, as if he had died, or had resigned the same.
2nd. If any spiritual person, holding any two or more benefices, shall accept any cathedral preferment, or any other benefice;
holding two or more cathedral preferments, shall accept any benefice;
holding any cathedral preferment or preferments, and benefice or benefices, shall accept another benefice, he shall, before he is instituted, licensed, or in any way admitted to the said cathedral preferment or benefice, in writing, under his hand, declare to the bishop or bishops within whose diocese or dioceses any of the cathedral preferments or benefices previously holden by him are situate, which cathedral preferment and benefice, or which two benefices (such two benefices being tenable together, under the provisions of the act) he proposes to hold
* See definition, sect. 124.
together; and he shall transmit a duplicate of such declaration to the registry of the diocese, to be there filed: and immediately upon his being instituted, licensed, or in any way admitted to the cathedral preferment or benefice, which he shall have accepted as aforesaid, such cathedral preferment or preferments, benefice or benefices as he previously held, and as he shall not, as aforesaid, have declared his intention to hold, or such benefice as shall not be tenable under the provisions of the act with such newly-accepted benefice, shall be and become ipso facto void, as if he had died, or had resigned the same.
3rd. If such spiritual person shall in any case refuse, or wilfully omit to make such declaration, every cathedral preferment and benefice which he previously held shall be and become ipso facto void, as aforesaid.
A Declaration in either of the forms proposed below, (to be varied according to each particular case,) is to be transmitted by an incumbent, under the circumstances before stated, to the Bishop of each diocese within which any cathedral preferment or benefice, held by such incumbent, may be situate, in case he intends to retain and hold one such cathedral preferment or benefice, with a cathedral preferment or benefice which he may be desirous to accept; the declaration is to be so transmitted before his collation, institution, or license to the last-mentioned cathedral preferment or benefice, and a duplicate thereof must be transmitted, at the same time, to the registry of the diocese of each Bishop, to be there filed.
* To the Right Reverend -, Lord Bishop of--.
in the county of
I, C. H., canon residentiary of the cathedral church of vicar ofand diocese of -, being about to be collated, or instituted, or licensed to, or to take by donation (as the case may be) the—of R., in the county of do by this writing, under my hand, declare to your lordship, that I propose to retain the said canonry of and to hold the same, toge
and diocese of
ther with the said- -of R., to which I am about to be collated, instituted, or licensed, or which I am about to take by donation (as the case may be).
Witness my hand, this--day of, one thousand eight hundred
In case C. H. should prefer to retain his vicarage, the following form is proposed :
* In this case one declaration is to be addressed to the Bishop of the diocese in which the cathedral church is, and transmitted to him; and another, addressed to the Bishop of the diocese in which the vicarage is situate, is to be transmitted to him; and a duplicate is to be sent to the registry of each diocese, presuming the cathedral church and vicarage to be in different dioceses.
* To the Right Reverend
Lord Bishop of—.
I, C. H., canon residentiary of the cathedral church of vicar of- in the county ofand diocese of- being about to be collated, instituted, or licensed to, or to take by donation (as the case may be) the- of S., in the county of- and diocese of do by this writing, under my hand, declare to your lordship, that I propose to retain my said vicarage, and to hold the same, together with the said of S., to which I am about to be collated, instituted, licensed, or which I am about to take by donation (as the case may be).
in the year of our Lord one
Witness my hand, thisthousand eight hundred and
Signed in the presence?
As so much depends upon this declaration, an incumbent who intends to hold one of the cathedral preferments, or one of the benefices, already possessed by him, with another, which he is about to take, ought, for his own security, to be exceedingly particular in transmitting to each Bishop concerned, and to the registry of each such Bishop, the declaration, drawn up in due form, before he proceeds to take possession,and indeed he ought to retain sufficient evidence of having duly transmitted the same, by obtaining an office copy of the declaration filed in the registry, and an official certificate of the day when it was received there.
No such declaration is required to be made by an incumbent having only one cathedral preferment and no benefice, or having only one benefice and no cathedral preferment, before taking another, although he may intend to retain his cathedral preferment and hold it with the benefice about to be taken by him, or to retain his benefice and hold it either with a cathedral preferment, or with another benefice about to be taken by him.
Before an incumbent of one benefice takes another benefice, tenable with it under the provisions of the said act, he must, if he desires to hold both, obtain a dispensation from the Archbishop of Canterbury.
It seems convenient to insert the 58th section of the said act, as it relates to the subject of avoidance.
"And be it enacted, That if the benefice of any spiritual person shall continue for the space of one whole year under sequestration issued under the provisions of this act for disobedience to the Bishop's monition or order requiring such spiritual person to reside on his benefice, or if such spiritual person shall, under the provisions of this act, incur two such sequestrations in the space of two years, and shall not be relieved with respect to either of such sequestrations upon appeal, such benefice shall thereupon become void; and it shall be lawful for the patron of such benefice to make donation or to present or nominate to the same as if such spiritual person were dead, and the Bishop, on such benefice so becoming void, shall give notice, in writing under his hand,
The note as to the other form of declaration is applicable to this also.