Pluralities Act 1838
| Year | 1838 |
(1 & 2 Vict.) C A P. CVI.
[14th August 1838]
'WHEREAS an Act was passed in the Twenty-first Year of the Reign of KingHenry the Eighth, intituled , the whole of which recited Act (excepting only such Parts as relate to Pluralities of Benefices) has since been repealed by an Act passed in the Fifty-seventh Year of the Reign of KingGeorge the Third, intituled England: And whereas it is expedient to consolidate and amend the said Laws, and to restrain the holding of Pluralities, and to make further Provision for enforcing the Residence of Spiritual Persons upon their Benefices, and to limit the Exemptions from such Residence; and also to make further Provision respecting the Appointment and Support of Stipendiary Curates inEngland :' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so much of the said recited Actsas is now in force shall be and the same is hereby repealed, save and except only such Part of the said last-recited Act as repeals certain Acts and Parts of Acts therein particularly recited: Provided always, that nothing herein contained shall exempt any Person from any Penalties incurred under the said last-recited Act before the Time of passing this Act, or take away or affect any Proceedings for Recovery thereof, whether commenced or not before the passing of this Act, or shall annul or abridge any Licence granted under the Provisions of the said last-recited Act before the Time of passing this Act.
II Not more than Two Preferments to be held together;
II. And be it enacted, That from and after the passing of this Act no Spiritual Person holding more Benefices than One shall accept and take to hold therewith any Cathedral Preferment or any other Benefice, and that no Spiritual Person holding any Cathedral Preferment and also holding any Benefice shall accept and take to hold therewith any other Cathedral Preferment or any other Benefice; and that no Spiritual Person holding any Preferment in any Cathedral or Collegiate Church shall accept and take to hold therewith any Preferment in any other Cathedral or Collegiate Church; any Law, Canon, Custom, Usage, or Dispensation to the contrary notwithstanding: Provided that nothing herein-before contained shall be construed to prevent any Archdeacon from holding, together with his Archdeaconry, Two Benefices, under the Limitations herein-after mentioned with respect to Distance, joint yearly Value, and Population, and One of which Benefices shall be situate within the Diocese of which his Archdeaconry forms a Part, or One Cathedral Preferment in any Cathedral or Collegiate Church of the Diocese of which his Archdeaconry forms a Part, and One Benefice situate within such Diocese, or to prevent any Spiritual Person holding any Cathedral Preferment, with or without a Benefice, from holding therewith any Office in the same Cathedral or Collegiate Church the Duties of which are statutably or accustomably performed by the Spiritual Persons holding such Preferment.
III nor Two Benefices, unless within Ten Miles of each other;
III. And be it enacted, That, except as herein-after provided, no Spiritual Person holding any Benefice shall accept and take to hold therewith any other Benefice, unless it shall be situate within the Distance of Ten Statute Miles from such first-mentioned Benefice.
IV nor if Population of One such Benefice is more than 3,000, or joint yearly Value shall exceed 1,000 l.
IV. And be it enacted, That, except as herein-after provided, no Spiritual Person holding a Benefice with a Population of more than Three thousand Persons shall accept and take to hold therewith any other Benefice having, at the Time of his Admission, Institution, or being licensed thereto, a Population of more than Five hundred Persons, nor shall any Spiritual Person holding a Benefice with a Population of more than Five hundred Persons accept and take to hold therewith any other Benefice having, at the Time of his Admission, Institution, or being licensed thereto, a Population of more than Three thousand Persons; nor shall any Spiritual Person hold together any Two Benefices if, at the Time of his Admission, Institution, or being licensed to the Second Benefice, the Value of the Two Benefices jointly shall exceed the yearly Value of One thousand Pounds.
V If yearly Value of One of said Benefices be less than 150 l. , and the Population shall exceed 2,000 Persons, the Two may be held jointly, &c.
V. And be it enacted, That in case the Bishop or Bishops, as the Case may be, to whom any Two Benefices within the Distance of Ten Miles from each other shall respectively be subject, which, under the Provision herein-before contained, might not be holden together, but one of which Benefices shall be below the yearly Value of One hundred and fifty Pounds, and the Population of which shall exceed Two thousand Persons, shall think it expedient that the Incumbent of one of such Benefices should be permitted to hold the said Two Benefices together, the said Bishop or Bishops shall be at liberty, upon Application made to him or them for that Purpose by such Incumbent, to state in Writing under his or their Hand or Hands the Reason why such Benefices should be holden together, and in such Case it shall be lawful for the said Incumbentto hold the said Two Benefices together: Provided always, that in the last-mentioned Case the Bishop of the Diocese within which such Benefice having a Population exceeding Two thousand Persons is situate may from Time to Time, if he shall so think fit, by an Order under his Hand and revocable at any Time, require that such Incumbent should keep Residence on and personally serve such Benefice during the Space of Nine Months in each Year; and if such Incumbent shall not, in obedience to the Terms of such Order and until the same be revoked, reside on and personally serve such Benefice, he shall be liable to all the Penalties for Non-residence imposed by this Act, notwithstanding he may have a legal Exemption permanent or temporary from Residence, or may be resident on some other Benefice of which he may be possessed, or may be performing the Duties of an Office, and the Performance of the Duties of which might in other Cases be accounted as Residence on some Benefice: Provided always, that such Spiritual Person may, within One Month after Service upon him of any such Order, appeal to the Archbishop of the Province, who shall confirm or rescind such Order as to him may seem just and proper.
VI Licence or Dispensation to hold together any Two Benefices must be obtained from the Archbishop of Canterbury.
VI. Provided always, and be it enacted, That before any Spiritual Person shall be allowed to hold any Two Benefices together under any Provision of this Act it shall be necessary for such Person to obtain from the Archbishop ofCanterbury for the Time being a Licence or Dispensation for the Holding thereof, which Licence or Dispensation the said Archbishop is hereby empowered to grant under the Seal of his Office of Faculties, upon being satisfied as well of the Fitness of the Person as of the Expediency of allowing such Two Benefices to be holden together, and that such Licence or Dispensation shall issue in such Manner and Form as the said Archbishop shall think fit; and for such Licence or Dispensation there shall be paid to the Registrar of the said Office the Sum of Thirty Shillings and no more, and to the Seal Keeper thereof the Sum of Two Shillings and no more; and that no Stamp Duty, nor any other Fee, save as herein-before mentioned, shall be payable on the Licence or Dispensation to be granted as aforesaid, nor shall any Confirmation thereof be necessary; nor shall it be required of any Spiritual Person applying for any such Licence or Dispensation to give any Caution or Security by Bond or otherwise before such Licence or Dispensation is granted; and if the said Archbishop of Canterbury shall refuse or deny to grant any such Licence or Dispensation as aforesaid, it shall be lawful for Her Majesty, if She, by the Advice of Her Privy Council, shall think fit, upon Application by the Person to whom such Licence or Dispensation shall have been refused or denied, to enjoin the said Archbishop to grant such Licence or Dispensation, or to show to Her Majesty in Council sufficient Cause to the contrary, and thereupon to make such Order touching the Refusal or Grant of such Licence or Dispensation as to Her Majesty in Council shall seem fit; and such Order shall be binding upon the Archbishop.
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