VII. And it is also enacted by authority aforesaid, that all and every such licence, dispensation, faculty, confirmation or other writing, to be had, made or granted under the king's great seal out of the said court of chancery by authority of this act, in form as is above rehearsed, shall be good and effectual to the said parties suing for the same, according to the tenor and effects thereof, and shall be admitted, accepted and allowed in all courts and places of this realm, Repealed by and in all other the king's dominions; any usage, prescription, c. 8, and foreign laws, customs or ordinance to the contrary thereof notwith- revived by standing.

1 & 2 PHILIP & MARY, CAP. 8, SECS. 10 & 16.-An act repealing all articles and provisions made against the see apostolic of Rome, since the twentieth year of king Henry the eighth, and for the establishment of all spiritual and ecclesiastical possessions and hereditaments conveyed to the laity.-See Title-" APPEALS TO THE SEE OF ROME," vol. i. p. 126.

1 ELIZABETH, CAP. 1, SECS. 8 & 10.-An act to restore to the crown the ancient jurisdiction over the estate ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the same.-See TitleAPPEALS TO THE SEE OF ROME," vol. i. p. 144.

1 & 2 P. & M.

1 El. c. 1.

1797, the fol

37 GEORGE 3, CAP. 90-An act for granting to his majesty certain stamp duties on the several matters therein mentioned, and for better securing the duties on certificates to be taken out by solicitors, attornies, and others, practising in certain courts of justice in Great Britain. ..Be it enacted by the king'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 there shall be raised, levied, collected, From July 5, and paid, throughout the kingdon of Great Britain, upon every lowing addiskin, or piece of vellum or parchment, or sheet or piece of paper, on tional stamp which any of the several matters hereinafter mentioned shall, from paid: and after the fifth day of July one thousand seven hundred and ninety-seven, be engrossed, printed, or written, the respective stamp duties following; that is to say..... ..any dispensation to Dispensahold two ecclesiastical dignities or benefices, or both a dignity and tions. benefice, or any other dispensation or faculty, from the lord archbishop of Canterbury, or the master of the faculties for the time being, the sum of ten pounds.

59 GEORGE 3, CAP. 40.-An act to secure spiritual persons in the possession of benefices in certain cases.-Whereas certain spiritual persons having been possessed of two benefices, which they were lawfully entitled to hold together by virtue of a dispensation granted by the lord archbishop of Canterbury, and confirmed under the great seal, have afterwards, without having resigned or otherwise vacated one of the benefices so held by them, obtained a new dispensation to hold another benefice with one of those benefices of which they were before possessed, and have thereupon been put into the possession of such other benefice, by nomination, licence, institution, collation and induction, as the nature of the said benefice might require: and whereas doubts have arisen whether, for want of the previous resignation or other vacation by such spiritual persons of such one of the benefices before possessed by them by dispensation, as was not

duties to be

Securing

intended to be held with the last taken benefice, the subsequent dispensation was valid in law, and whether not only the benefice intended to be made void, but also the other benefice so previously possessed by such spiritual persons, and intended to be held by them with the other benefice by virtue of such subsequent dispensation, have not been rendered void: and whereas it would be most injurious to the spiritual persons who now hold benefices which may have been so inadvertently rendered void, and to the patrons of the said benefices, by means of lapse to the bishop, or the archbishop, or the crown, if advantage of such avoidance should be taken; wherefore, and for the relief of such spiritual persons and patrons, be it enacted by the king'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 in every case which has occurred before the passing of this act, benefices in where a spiritual person has obtained a dispensation to hold a benefice to which he had been nominated, presented, or was to be licensed or collated, with a benefice which he had held with another benefice by virtue of a former dispensation, without having in due time before therewith. resigned or otherwise vacated the other benefice included in the former dispensation, and where, for want of such previous resignation or vacation, the benefice held by such spiritual person by the former dispensation, and intended to be secured to him by the subsequent dispensation, may have been rendered void, it shall not be lawful for the king's most excellent majesty, or any other patron or patrons, or for his said majesty, or any archbishop or bishop, having the right of nomination, presentation, licence or collation, by reason of lapse or otherwise, to any benefice which may have been so rendered void, to nominate, present, license or collate to any such benefice by reason of the same having been rendered void in the manner before mentioned.

certain cases

where dispensation is granted for holding ano

ther benefice

Incumbents

of such bene

the emolu

ments.

II. And be it further enacted, that every spiritual person now fices to enjoy holding a benefice, which may have been rendered void at any time before the passing of this act, in the manner before mentioned, shall and may, notwithstanding such avoidance thereof, continue henceforth to hold and enjoy the same, and the fruits, advantages, emoluments and profits thereof, and shall be and be taken to be, to all intents and purposes in the law whatsoever, the lawful incumbent thereof, in the same manner as if the resignation or other vacation of the other benefice held therewith by virtue of the former dispensation had been duly made prior to the subsequent dispensation, and such subsequent dispensation had been good and valid in law; and that every spiritual person now holding a benefice, which may have been so rendered void, shall, notwithstanding such avoidance, be taken to have been the lawful incumbent thereof since such avoidance happened, to all intents and purposes in the law whatsoever And all acts and that all acts and deeds whatsoever, which have been done, perdone by such formed and executed by the spiritual person or persons now holding, spiritual per- or who shall have held any such benefice since the avoidance thereof, in the manner before mentioned, shall be as valid and effectual, to all intents and purposes in the law whatsoever, as if such avoidance had not taken place; any law, statute, canon, usage or custom to the

and deeds

son valid.

contrary in anywise notwithstanding; it being the true intent and meaning of this act, to place the aforesaid spiritual persons, whose benefices have or may have become void in the manner before mentioned, precisely in the same situation, to all intents and purposes in the law whatsoever, as if no such avoidance had taken place.

patron to

such bene

III. Provided always, and be it further enacted, that nothing in Proviso for this act shall extend, or be construed to extend, to prevent the right of patron or patrons of any benefice, which may have been rendered nominate to void in the manner before mentioned, from nominating, presenting, fices on death licensing or collating to such benefice, on the death, resignation or or resignacession, or other lawful cause of avoidance of or by the spiritual per- incumbent. son now holding any such benefice, in the same manner as if this act had not passed; save and except as to the avoidance made before the passing of this act, in the manner and under the circumstances particularly mentioned and set forth herein.

tion, &c. of

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.

DISSENTERS, ENGLAND.

35 ELIZABETH, CAP. 1.-An act to retain the queen's majesty's subjects in their due obedience.-See Title-"BULLS FROM ROME." vol. i. p. 364.

21 JAMES 1, CAP. 4, SEC. 5.-An act for the ease of the subject, concerning informations upon penal statutes.

offences

V. Provided always, that this act, or any clause contained therein, Certain shall not extend to any information, suit or action, grounded upon excepted. any law or statute made against Popish recusants, or for or concerning Popish recusancy, or against those that shall not frequent the church and hear divine service....

1 WILLIAM & MARY, SESS. 1, CAP. 18.-An act for exempting their majesties' Protestant subjects, dissenting from the church of England, from the penalties of certain laws.-Forasmuch as some ease to scrupulous consciences in the exercise of religion may be an effectual means to unite their majesties' Protestant subjects in interest and affection:

laws not to

s. 14.

II. Be it enacted by the king's and queen's most excellent majes- The several ties, by and with the advice and consent of the lords spiritual and extend to temporal, and the commons, in this present parliament assembled, dissenters. and by the authority of the same, that neither the statute made in the three and twentieth year of the reign of the late queen Elizabeth, 23 Eliz. c. 1. intituled, an act to retain the queen's majesty's subjects in their due obedience; nor the statute made in the twenty-ninth year of the said 29 Eliz. c. 6. queen, intituled, an act for the more speedy and due execution of certain branches of the statute made in the three and twentieth year of the queen's majesty's reign, viz. the aforesaid act; nor that branch or clause of a statute made in the first year of the reign of the said 1 Eliz. c. 2, queen, intituled, an act for the uniformity of common prayer and service in the church, and administration of the sacrament; whereby all persons, having no lawful or reasonable excuse to be absent, are required to resort to their parish church or chapel, or some usual place where the common prayer shall be used, upon pain of punishment by the censures of the church, and also upon pain that every person so offending shall forfeit for every such offence twelve-pence; nor the statute made in the third year of the reign of the late king 3 Jac. 1, c. 4. James the first, intituled, an act for the better discovering and repressing popish recusants; nor that other statute made in the same year, inti- 3 Jac. 1, c. 5. tuled, an act to prevent and avoid dangers which may grow by popish recusants; nor any other law or statute of this realm made against papists or popish recusants, except the statute made in the five and twentieth year of king Charles the second, intituled, an act for pre- 25 Car. 2, c. 2. venting dangers which may happen from popish recusants; and except also the statute made in the thirtieth year of the said king Charles 30 Car. 2, st. the second, intituled, an act for the more effectual preserving the king's 2, c. 1. person and government by disabling papists from sitting in either house of parliament; shall be construed to extend to any person or persons

Exception.