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to spiritual person ap
and in each case sealed also with the seal of the ecclesiastical commissioners for England or of the ecclesiastical commissioners for Ireland, as the case may be.
XII. And be it enacted, that the bishop and the spiritual person to power to be appointed by virtue of this act shall, for the purpose of enforcing venues. payment of the revenues of the see of the bishop or archbishop found to have become incapable, severally have all the same legal rights, powers, and remedies, whether by action, suit, or distress, as the case may be, as might have been exercised by the said bishop or archbishop if no commission had been issued: provided always, that neither such bishop or spiritual person shall be accountable for any monies which may be payable to either of them by virtue of this act which shall not have been actually received by them respectively.
XIII. And be it enacted, that it shall be lawful for her majesty Allowance to assign to the spiritual person to be appointed as aforesaid a yearly allowance, not exceeding one-sixth part of the revenues of pointed. the bishopric or archbishopric, such as to her majesty shall seem fit, which shall be defrayed out of the revenues of the bishopric or archbishopric; and such spiritual person shall also, out of such revenues, Reimbursedefray and reimburse to the bishop to be appointed as aforesaid ali pisnt to the expenses incurred by him in the execution of this act, such expenses being first allowed by the archbishop or lord chancellor, as the case may be; and that the remainder of the said revenues, after such pay- Remainder ments as aforesaid, and such other payments (if any) as shall be screvenues made by the bishop or the spiritual person who shall be appointed paid. by virtue of this act, in respect of rates, taxes, tenths, salaries, pensions, repairs, insurances from fire, and other expenses incident to the administration of the temporalities, or to the exercise of the jurisdiction of the bishop or archbishop so found to be incapable, shall be paid to such bishop or archbishop, or to such other person of persons as shall be by law entitled to receive the same.
XIV. And be it enacted, that if at any time hereafter any bishop A finding or archbishop shall have been found a lunatic or of unsound mind under a writ under any commission in the nature of a writ de lunatico inquirendo, inquirendo and if the inquisition shall not have been quashed or the commission the place of superseded, it shall be lawful for the archbishop of the province or lord chancellor, as the case may be, without further or other inquiry, sioners. to make request to her majesty as on the report of commissioners appointed under this act; and such request shall be to all intents and purposes whatsoever of the same force and effect as a request made on such report as aforesaid.
IV. Provided always, and be it enacted, that it shall be lawful Provision in for her majesty, with the advice of her privy council, upon a petition recovery or
or archbishop so found to be incapable, a lunatic, or death of the of unsound mind, setting forth that such incapacity, lunacy, or archbishop. unsoundness of mind hath ceased, to cause inquiry to be made in such manner as to her majesty, with the advice aforesaid, shall seem fit; and if upon such inquiry it shall appear to her majesty, that such incapacity, lunacy, or unsoundness of mind hath ceased, and that such bishop or archbishop hath become capable of again duly performing his episcopal or archiepiscopal functions, it shall be lawful for her majesty, by letters patent under the great scal of Great
a report of the commis
from the bishop
Britain or Ireland, as the case may be, to supersede and annul the letters patent so first issued; and thenceforward, and also in case of the death of the bishop or archbishop so found to be incapable, all powers and authorities vested in any other bishop or spiritual person on behalf of such bishop or archbishop shall cease.
XVI. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament.
Act may be amended,&c.
FOR REFERENCE, IF NECESSARY,
17 EDWARD 2, Stat. 1, Cap. 14.- His prerogative in having the escheat of bishops freehold tenants attainted of felony during the vacaim.- Also the king shall have escheats of lands of the freeholders of archbishops and bishops when such tenants be attainted for felony in time of vacation, while their temporalities were in the king's hands, to give at his pleasure, saving to such prelates the service that thereto is due and accustomed.
FOR REFERENCE, IF NECESSARY,
EXCHANGE OF GLEBE HOUSES AND LANDS.
55 GEORGE 3, CAP. 147.-An act for enabling spiritual persons to exchange the parsonage or glebe houses or glebe lands belonging to their benefices, for others of greater value, or more conveniently situated for their residence and occupation; and for annexing such houses and lands, so taken in exchange, to such benefices as parsonage or glebe houses and glebe lands, and for purchasing and annering lands to become glebe in certain cases; and for other purposes.—Whereas in divers ecclesiastical benefices, perpetual curacies and parochial chapelries, the glebe lands, or some part or parts thereof, lie at a distance from and are inconvenient to be occupied with the parsonage or glebe houses, and the parsonage or glebe houses of divers benefices, perpetual curacies and parochial chapelries, are mean and inconvenient; and it would often tend much to the comfort and accommodation and thereby also to promote the residence of the incumbents of such benefices, perpetual curacies and parochial chapelries, if the glebe lands and parsonage or glebe houses thereof could be by law exchanged for other lands of greater value, or more conveniently situated, and for other and more convenient houses : and whereas there are also divers lands and tenements which have been accustomed to be granted or demised by the incumbent for the time being of certain ecclesiastical benefices, perpetual curacies or parochial chapelries, for one, two or three lives, or for a term or terms of years absolutely or determinable on a life or lives, as being holden by copy of court roll or otherwise, under some manor or lordship belonging to such benefices, perpetual curacies or parochial chapelries, and it would therefore be advantageous to the said benefices if the same lands and tenements, or some of them, or some part thereof, were annexed as glebe to the living or benefice to which they belong; may it therefore please your majesty that it may be enacted; and 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, from and after the passing of this power to act
, it shall be lawful for the parson, vicar or other incumbent for eachange the time being, of any ecclesiastical benefice, perpetual curacy or houses and parochial chapelry, by deed indented, and to be registered in manner for other hereinafter mentioned, and with the consent of tắe patron of such houses and benefice, perpetual curacy or parochial chapelry, and of the bishop of the diocese wherein the same is locally situate (to be signified as hereinafter is mentioned), to grant and convey to any person or persons, and to his, her or their heirs and assigns, or otherwise, as he or they shall direct or appoint, or to any corporation, sole or aggregate, and his or their successors, the parsonage or glebe house, and the outbuildings, yards, gardens and appurtenances thereof, and the glebe lands, and any pastures, feedings or rights of common or Kay appendant, appurtenant or in gross, or any or either of such