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to such patron; which notice shall either be delivered to such patron or left at his usual place of abode; or if such patron or place of abode shall be unknown, or shall be out of England, such notice shall be twice inserted in the London Gazette, and also twice in some newspaper printed and usually circulated in London, and in some other newspaper usually circulated in the neighbourhood of the place where such benefice is situate and for the purposes of lapse, the avoidance of the benefice shall be reckoned from the day on which such notice shall have been delivered as aforesaid, or from the day on which six months shall have expired after the second publication of such notice in the London Gazette, (as the case may be); and every such notice in the Gazette and newspapers shall state that the patron, or the place of abode of the patron, is unknown, or that he is said to be out of England, (as the case may be); and that the benefice will lapse, at the furthest, after the expiration of one year from the second publication thereof, as aforesaid; and upon any such avoidance it shall not be lawful for the patron to appoint by donation, or present or nominate to such benefice so avoided, the person by reason of whose non-residence the same was so avoided."
Form of Resignation to a Bishop.
In the name of God, Amen, before you the Right Reverend Father in God, John, by Divine permission, Lord Bishop of Lincoln, and credible witnesses here present, I, Thomas Sutton, rector of Kelham, in the county of Nottingham, and in your lordship's diocese and jurisdiction of Lincoln, for certain just and lawful causes, me hereunto especially moving, without compulsion, fraud, or deceit, do purely, simply, and absolutely resign and give up my said rectory and parish church of Kelham, with all their rights, members, and appurtenances, into your lordship's sacred hands, with all my right, title, and possession, of, in, and to the same: I quit them, and expressly recede from them by these presents, humbly praying that your lordship would be graciously pleased to accept this my resignation, and to pronounce and declare the rectory of Kelham aforesaid void, and to be void of my person to all intents of law that may follow thereupon, and to decree that an intimation of the said avoidance may be issued to the patron thereof. In witness whereof I have hereunto set my hand and seal this twenty-first day of April, in the year of our Lord one thousand eight hundred and thirty-eight. Thomas Sutton. ("L. S.")
It is to be observed, that a resignation is to be made to the Bishop or Ordinary, and not to the patron, except the church or chapel be a donative exempt, in which case it is to be made to the patron, in the presence of a notary public and two credible witnesses. (Gibs. 822.) And in case of exchange, or permutation of benefices, on account of health, or other conveniences, which the law allows, it seems to be the most advisable for the parties to resign before a Notary, that their respective resignations may be interposed before either of the livings is
declared void by the Ordinary; because it may be doubted, whether a conditional resignation be valid or not, if the words, "purely, simply, and absolutely" be omitted; for by the statute 31 Eliz. c. vi. s. 8, all corrupt resignations are strictly prohibited in the following words :
"That if any incumbent of any benefice with cure of souls, after the end of the said forty days, 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, sum of money, or other benefit whatsoever; that then, as well the giver as the taker of any such pension, sum of money, or other benefit corruptly, shall lose double the value of the sum so given, taken, or had; the one moiety, as well thereof, as of the forfeiture of double value of one year's profit before mentioned, to be to the Queen's Majesty, her heirs, and successors, and the other moiety to him or them that will sue for the same, by action of debt, bill, or information, in any of her Majesty's Courts of Record, in which no essoin, protection, or usage of law or privilege shall be admitted or allowed."
Form of Resignation before a Notary Public.
In the name of God, Amen, before you a Notary Public, and credible witnesses here present, I, William Bartlett, vicar of the parish church of Newark-upon-Trent, in the county of Nottingham, and diocese of Lincoln, * for certain just and lawful causes, me hereunto especially moving, without compulsion, fraud, or deceit, do purely, simply, and absolutely resign and give up my said vicarage and parish church, with all the rights, members, and appurtenances, into the sacred hands of the Right Reverend Father in God, John, by Divine permission Lord Bishop of Lincoln, or of any other whomsoever that hath, or shall have power to admit this my resignation; and I totally renounce my right, title, and possession, in and to the same vicarage and parish church, with all the rights, members, and appurtenances heretofore had, and hitherto belonging to me, I quit them, and expressly recede from them by these presents; and, that this my resignation may have its full effect, I do hereby nominate and appoint my beloved in Christ John Storer, and Samuel Prior, jointly and severally my proctors or substitutes to exhibit this my resignation to the said Reverend Father, and in my name to pray that his lordship would graciously vouchsafe to accept thereof, and to pronounce and declare the vicarage of Newark-uponTrent aforesaid void, and to be void of my person, to all intents of law that may follow thereupon; and to decree that an intimation of the said avoidance may be issued to the patron thereof. In witness whereof I have hereunto set my hand and seal this sixteenth day of March, in the year of our Lord one thousand eight hundred and thirty-seven.
William Bartlett. ("L. S.")
* If the resignation be upon a permutation, add, "being desirous to exchange my said vicarage and parish church for the rectory of Averham, in the county of Nottingham, and diocese of Lincoln."
Instructions as to the proper mode of obtaining a SEQUESTRATION on the Avoidance of a Benefice.
A SEQUESTRATION is an act of the Ordinary for the collecting or gathering the fruits of a void benefice, and providing for the due performance of ecclesiastical duties. The writ of sequestration is usually directed to the churchwardens, and published in the church during divine service, * by the officiating minister. The sequestrators are required to give a bond* not only to collect, but to keep the profits of the living, for the use of him who shall be found to have a right to them, and to account to him for the same, after deducting the sum necessary for the maintenance of the minister having the cure of the parish during vacancy. (Ayliffe. Par. 495, 1 & 2 Vict. c. cvi. s. 100.)
If the profits of the benefice be not sufficient to pay the stipend ordered by the Bishop, the sum, or so much thereof as shall remain unpaid, shall be paid to the said curate by the succeeding incumbent of such benefice, out of the profits thereof, (1 & 2 Vict. c. cvi. s. 101.) and by 28 Hen. VIII. c. ii. s. 10., “within fourteen days next after he hath possession."
VACANCY of a benefice may be occasioned,
1. By the removal of the incumbent through death or otherwise.
2. When the cure is of so small a value that no fit clergyman will be at the charge of taking it. In this case the sequestration is committed either to the curate only, or to the curate and churchwardens jointly. (Johns 121.)
3. When the right of a benefice is in controversy, and a suit is depending to try whether of two claimants is the lawful incumbent, or after sentence, where there is an appeal to a superior jurisdiction. (God. Abrd. App. 14.)
4. Sometimes a benefice is kept under sequestration for many years together, or wholly; namely, when it is of so small value that no clergyman fit to serve the cure will be at the charge of taking it by insti
5. The profits of a living may be sequestered when the incumbent neglects his cure.
By the 1 & 2 Vict. c. cvi. the Bishop is empowered to sequester the profits of any ecclesiastical benefice, in many cases, therein stated, (sect. 31, 54, 67, 90, 93, 101.)
The sequestrators are a sort of bailiff, and therefore, it is best for them to receive the tithes &c. in kind, but they cannot maintain suits, having no interest. (Bunb. 192.)
The sequestrators may be allowed a reasonable sum out of the profits, according to their trouble in collecting the tithes.
If the incumbent be dissatisfied with their accounts, his remedy is in the spiritual court.
The sequestrator of a benefice is bound to repair the vicarage house and buildings, and is liable for dilapidations in the Bishop's court. (Whinfield by his Attorney, v. Watkins. Phil. Rep. ii. p. 1.) And
* Wats. c. 30.
+ 28 Hen. VIII. c. 11. s. 3.
whatever repairs the incumbent would be liable to, as to repairs of church or chancel. (Sir W. Scott, in Hubbard, v. Beckford. Hagg. C. R. i. p. 310-313., and ditto, in Whinfield, v. Watkins. Phill. Rep. ii. p. 8.)
As to a Sequestration, on a Benefice becoming Vacant.
It is the duty of the churchwardens, on a benefice becoming vacant, to obtain from the registry-office of the diocese a writ of sequestration, and to make (with the sanction of the Bishop) due provision for the performance of the duty during the vacancy.
Form of letters of Sequestration.
EDWARD, by Divine Providence, Lord Archbishop of York, Primate of England and Metropolitan: To our well beloved in Christ, Robert Simpson, clerk, M. A. and Joseph Branston, one of the present churchwardens of the parish church of Newark-upon-Trent, in the county of Nottingham, greeting, Whereas the vicarage of the parish church of Newark-upon-Trent aforesaid, is now become void by the death of William Bartlett, clerk, the last incumbent thereof, and is at present destitute of a vicar. We, therefore willing to provide least the fruits, rents, tithes, revenues, rights, profits, emoluments, and commodities belonging or appertaining to the said vicarage, should be wasted or not preserved according to the statutes of this realm to the use of the next incumbent, and more especially, that the Sacraments and other divine offices should be duly administered to the parishioners there, have thought fit to sequester all and singular the fruits, rents, tithes, revenues, rights, profits, emoluments, and commodities whatsoever to the said vicarage belonging and appertaining, and do by virtue of these presents sequester the same: Wherefore confiding in your integrity and diligence, We do hereby give and grant to you our full authority and power to cause this our sequestration to be published at fit and convenient times and places as the law directs, and by all lawful ways and means, and in the most effectual manner that you may. Also to demand, levy, collect and receive all and singular the fruits, rents, tithes, and other the premises whatsoever; and the same so collected and received to keep or cause to be kept under safe and straight sequestration, and we do by these presents appoint, make, constitute, and depute you jointly and severally to be our sequestrators in this behalf, to continue during our pleasure only, provided nevertheless, that you cause the cure of the souls of the said parish to be well and sufficiently served, and that when you shall be required thereto, you give a true, full, plain, perfect, and just account to us or our Commissary or other competent judge in that behalf, of and concerning all and singular sums of money, and other profits whatsoever by you levied and received by virtue of these preGiven under the seal of our Archiepiscopal Consistory court, this fifth day of May, in the year of our Lord one thousand eight hundred and thirty-five.
Joseph Buckle, Deputy Register.
MEMORANDUM.-This sequestration was read immediately after morning
prayer in the parish church of Newark-upon-Trent by the above-named Robert Simpson, clerk, on Sunday the ninth day of May, 1835.
P. R. Falkner,
One of the justices of the peace for the borough of Newark.
After the sequestrators have performed the duties required, the sequestration is to be taken off, and application of the profits made according to the direction of the Ordinary. This is termed the Relaxation of the Sequestration. The following is the usual
Form of Relaxation of Sequestration.
(On a five shillings stamp.)
EDWARD, by Divine Providence, Lord Archbishop of York, Primate of England, and Metropolitan, To all and singular clerks and literate persons, whomsoever and wheresoever, within our diocese of York: greeting, Whereas, we rightly and lawfully proceeding for certain just causes and considerations, us thereunto moving, have thought fit to revoke and relax the sequestration of the fruits, rents, and revenues of the vicarage of the parish church of Newark-upon-Trent, in the county and Archdeaconry of Nottingham, and within our said diocese, heretofore by us interposed for the use of the next incumbent. therefore do strictly require, injoin, and command, That you do publicly and effectually denounce and declare to all persons therein interested, our said sequestration to have been and to be relaxed by us as aforesaid, so as the reverend Walter Blunt, clerk, master of arts, and the present incumbent of the said vicarage of the church of Newark-upon-Trent, may take and receive the said fruits, rents, tythes, revenues, rights, profits, emoluments, and commodities to his own proper use, our sequestration in this behalf theretofore issued in anywise notwithstanding. Given under the seal of our Archiepiscopal office, this twenty-ninth day of June, in the year of our Lord one thousand eight hundred and thirty-five.
Joseph Buckle, Deputy Register.
The FEES on the above were as follow:
Fees of Sequestration issued out upon the death of the Reverend W.
Do. To Apparator for service.
Do. Mandate of Induction, Official's fees, &c.
Do, Relaxation of Sequestration