Warrant of At- *A Warrant or Authority to a Steward of a Manor to enter upon the Court Roll satisfaction of Monies due on Mortgage.................................. ** If any Precedent sought for be not found under the expected head in MODERN PRECEDENTS IN CONVEYANCING. CLASS IX. CONTINUED. MISCELLANIES. No. CCCXCVIII. A Nomination or Appointment of a domestic Chaplain by a Noble man. Variation where it is by a Bishop (1). NOMINATION. Chaplain. whom these presents shall come send greeting, KNOW YE, that I the said Bishop of SUP.-VOL. III. B NOMINATION. Chaplain. chaplain) to be one (1) of my domestic chaplains, to serve me in Minor may qualify. Number of chaplains to be qualified by peers, &c. Chaplains of peers, &c. exempted from residence. have and enjoy all the privileges, benefits, immunities, and ad- and in the year (2) By the 21 Hen. 8. c. 13, every archbishop may have eight chaplains; every duke and bishop, six; every marquis and earl, five; every viscount, four; every baron, knight of the garter, and the chancellor of England, three; every duchess, marchioness, countess, and baroness, being widows, or having married commoners, two; the treasurer, and comptroller of the king's household, the king's secretary, the dean of the chapel, the king's almoner, and the master of the Rolls, two; the chief justice of the King's Bench, and the warden of the Cinque Ports, one: each of whom "may purchase a licence or dispensation, and take, receive, and keep two parsonages or benefices with cure of souls." By the 25 Hen. 8. c. 1. s. 2. every judge of the King's Bench and Common Pleas, the chancellor and chief baron of the Exchequer, and the king's attorney and solicitor general, and by the 33 Hen. 8. c. 28. the chancellor of the Duchy of Lancaster, the chancellor and treasurer of the court of Augmentations, the chancellor of the Court of First Fruits and Tenths, the treasurer of the chamber, and the groom of the stole, may each of them have one chaplain to be attendant upon his person, having one benefice with cure, who may be non-resident upon the same. It may be proper to observe, that these statutes are to be construed strictly; if therefore a baron be created an earl, he can only qualify five chaplains, or if he be created warden of the Cinque Ports, it will not give him authority to qualify four; the qualification being in right of their interest, title, or capacity, and not of both; see Acton's Ca. 4 Co. 119; and if the qualification be not in respect of their birth, but only of their situation, as in the case of the warden of the Cinque Ports, it will determine upon their quitting it, see ibid. and the chaplain cannot afterwards take a second benefice, upon such qualification, although he may continue to retain a plurality taken in the lifetime of the qualifier, Dyer, 312. By the common law, and also by statute, personal residence upon their several cures is required of all ecclesiastical persons; but by the 21 Hen. 8. c. 13. commonly called the statute of non-residence, the chaplains of any archbishop or bishop, or of any spiritual or temporal In witness whereof I have hereunto set my hand and seal (1) of arms day of this lords of the parliament are exempted from residence, "so long as they shall abide and dwell without fraud or covin, in any of the said honourable households." NOMINATION. Chaplain. (1) It is necessary that this appointment should be sealed as well as Nomination of signed; for by the 21 Hen. 8. c. 13. s. 22. the chaplain is required, "when chaplain must be need shall be, to exhibit letters, under the hand and seal of his lord and master, testifying whose chaplain he is." And see also Queen v. Savacree, Godb. 41. under seal. NOMINATION. Clergyman (referree). No. CCCXCIX. *A Nomination of a Clergyman by the Bishop (as a referree) to settle the proportion of Principal and Interest of Mortgage Money between a late and present Incumbent (1). 17 Geo. 3. c. S. I THE Reverend bishop of , pursuant to the authority of an act passed in the seventeenth year of the reign of his late majesty, king George the Third, intituled, " An act to promote the residence of the parochial clergy, by making provision for the more speedy and effectual building, rebuilding, repairing, or purchasing houses, and other necessary buildings and tenements, for the use of their benefices," do hereby nominate the Rev. being a clergyman within my said diocese, to adjust and determine the matter in dispute between the Rev. clerk, the present incumbent of the rectory, vicarage, &c. of within my diocese, and the last (in case of the representatives of the late Rev. incumbent, (in case of his death) or the said his resignation or promotion) concerning the due proportion to be paid by each of the said parties, of the principal and interest which accrued due within the year in which such death or other avoidance happened, according to the direction, true intent and meaning of the said act. Given under my hand, this day of (1) The stat. 17 Geo. 3. c. 53, authorizes incumbents of benefices to borrow money on mortgage for erecting a fit house of residence, and directs that on payment of the money so borrowed it shall be apportioned between the present and succeeding incumbents; and the same act (sec. 7.) provides that in case of difference as to the just proportion to be paid by each, should an avoidance happen before the expiration of the current year, the same may be settled by arbitration in the usual manner, and in default of such arbitration being had within one month, the same shall be determined by some neighbouring clergyman, to be nominated by the ordinary, in the form or to the purport of that given above. |