"The Poor-law Commissioners are aware that a portion of the subjects adverted to are not connected with the duties of the clerk or of the officers of the union; but they feel confident, nevertheless, that neither the guardians nor their officers will be on that account less disposed to afford to the Poor-law Commissioners their best assistance in obtaining the valuable information which is desired.

"The commissioners will, in the course of a few days, transmit to the clerk of the union printed forms of queries, which he will be able to circulate by means of the union officers throughout the several parishes of the union, and also proper tabular forms for entering, in a condensed form, the answers to such queries. "By order of the Board,

"To the Board of Guardians of the

"GEORGE COODE, Assistant Secretary. Union."

TO THE EDITOR OF THE BRITISH MAGAZINE.

SIR, I enclose one of the papers circulated by the Home Secretary, through the Poor Law Commissioners, not so much for the purpose of noticing the unusual manner in which the Queen's minister seeks for the important "returns of the amount of religious instruction and education"—and which, if the guardians know their own peculiar duties, they will probably decline as for the purpose of directing the immediate and vigilant attention of the clergy, in those parishes where the relieving officer may be instructed to seek for the required information. It is evidently of the utmost importance that the return, as far as the church of England is concerned, should be full and correct; and if the clergyman has reason to believe the return erroneous, he should lose no time in acquainting the Home Secretary. This, with similar circulars, is intended not only to favour a particular scheme for education, but by the mode of its circulation to do away with the parochial system and parochial divisions.*

A CLERICAL GUARDIAN.

A SINGULAR phenomenon offered itself at a late meeting at St. Saviour's respecting church-rates. A 9d. rate was proposed, and finding that some rate would certainly be carried, one Mr. Cooper, a quaker, moved and voted for a 6d. rate. After which exploit, if the said 6d. rate had been carried instead of the higher one, the said very conscientious Mr. Cooper, if he acted like other quakers, would compel the parish to distrain for that sum which he himself voted for. Is this conscience? Or again, is another practice which fell within the writer's own knowledge like that of men who willingly suffer anything "for conscience' sake"? The quakers in a large parish not only expected that the vicar would distrain only for a composition, but they always applied to his collector, who was employed by the parish to collect rates, to get the warrant against them for tithes and rates together, in order to save a second warrant. Yet the sums thus paid are doubtless inserted in the yearly catalogue of persecutions issued by the society.

The Editor is much obliged by the document which accompanied this note, and which he would gladly insert if its form allowed, and space could be given; but he trusts that, without this, the clergy in general will make a point of seeing it, and find no difficulty in so doing. The importance of the subject, however, has forced him to make (for he really could not find) room for the above remarks.

581

DOCUMENTS.

AN ACT TO ABRIDGE THE HOLDING OF BENEFICES IN PLURALITY, AND TO MAKE BETTER PROVISION FOR THE RESIDENCE OF THE CLERGY.

(Continued from p. 461.)

Performance of Cathedral Duties, &c., may be accounted as Residence, under certain Restrictions.

39. And be it enacted, that it shall be lawful for any spiritual person, being prebendary, canon, priest vicar, vicar choral, or minor canon in any cathedral or collegiate church, or being a fellow of one of the said colleges of Eton or Winchester, who shall reside and perform the duties of such office during the period for which he shall be required to reside and perform such duties by the charter or statutes of such cathedral or collegiate church or college, as the case may be, to account such residence as if he had resided on some benefice: provided always, that nothing herein contained shall be construed to permit or allow any such prebendary, canon, priest vicar, vicar choral, minor canon, or fellow, to be absent from any benefice on account of such residence and performance of duty for more than five months altogether in any one year, including the time of such residence on his prebend, canonry, vicarage, or fellowship provided also, that it shall be lawful for any spiritual person having or holding any such office in any cathedral or collegiate church or college in which the year for the purposes of residence is accounted to commence at any other period than the first of January, and who may keep the periods of residence required for two successive years at such cathedral or collegiate church or college, in whole or in part, between the first of January and the thirty-first of December in any one year, to account such residence, although exceeding five months in the year, as reckoned from the first of January to the thirty-first of December, as if he had resided on some benefice, anything in this act contained to the contrary notwithstanding.

Existing Rights as to Exemptions and Licences preserved.

40. Provided always, that every spiritual person being in possession of any benefice at the time of the passing of this act, and entitled by the law previously in force to exemption from residence, or to apply for a licence for nonresidence, shall, as to every such benefice, but not as to any after-taken benefice, be entitled to the same exemption from residence, and to the same capacity of applying for and obtaining a licence for non-residence, and to the same right of appeal, in case of refusal or revocation of a licence, to which he was entitled before the time of the passing of this act; and every bishop and other person empowered before the passing of this act to grant such licence to such spiritual person shall have the like power after the passing thereof, anything hereinbefore contained to the contrary notwithstanding.

If House of Residence not kept in repair, the Incumbent to be liable to
the Penalties for Non-residence.

41. Provided also, and be it enacted, that every spiritual person having any house of residence upon his benefice, who shall not reside therein, shall, during such period or periods of non-residence, whether the same shall be for the whole or part of any year, keep such house of residence in good and suffi

cient repair; and in every such case it shall be lawful for the bishop to cause a survey of such house of residence to be made by some competent person, the costs of which, in case the house shall be found to be out of repair, shall be borne by such spiritual person; and if the surveyor shall report that such house of residence is out of repair, it shall be lawful for the bishop to issue his monition to the incumbent to put the same in repair, according to such survey and report, a copy of which shall be annexed to the monition; and every such non-resident spiritual person who shall not keep such house of residence in repair, and who shall not, upon such monition, and within one month after service of such monition, shew cause to the contrary to the satisfaction of the bishop, or put such house in repair within the space of ten months, to the satisfaction of such bishop, shall be liable to all the penalties for non-residence imposed by this act during the period of such house of residence remaining out of repair, and until the same shall have been put in repair.

Every Petition for Licence for Non-residence to be in Writing, and to state certain Particulars.

42. And be it enacted, that every spiritual person applying for a licence for non-residence shall present to the bishop a petition signed by himself or by some person approved by the bishop in that behalf, and shall state therein whether such spiritual person intends to perform the duty of his benefice in person, and in that case where and at what distance from the church or chapel of such benefice he intends to reside; and if he intends to employ a curate such petition shall state what salary he proposes to give to such curate, and whether the curate proposes to reside or not to reside in the parish in which such benefice is situate; and if the curate intends to reside therein, then whether in the house of residence belonging to such benefice, or in some and what other house; and if he does not intend to reside in the parish, then such petition shall state at what distance therefrom, and at what place, such curate intends to reside, and whether such curate serves any other and what parish as incumbent or curate, or has any and what cathedral preferment, and any and what benefice, or officiates in any other and what church or chapel; and such petition shall also state the annual value and the population of the benefice in respect of which any licence for non-residence shall be applied for, and the number of churches or chapels, if more than one, upon such benefice, and the date of the admission of such spiritual person to the said benefice; and it shall not be lawful for the bishop to grant any such licence unless such petition shall contain a statement of the several particulars aforesaid; and every such petition shall be filed in the registry of the diocese by the registrar thereof, and shall be open to inspection, and copies thereof made, with the leave in writing of the bishop.

Bishop may grant Licences for Non-residence in certain enumerated Cases.Appeal to Archbishop in case of Refusal.

43. And be it enacted, that it shall be lawful for the bishop, upon such petition being presented to him, and upon such proofs being adduced as to any facts stated in any such petition as he may think necessary and shall require, to grant, in such cases as are hereinafter enumerated, in which he shall think fit to grant the same, a licence in writing under his hand for such spiritual person to reside out of the proper house of residence of his benefice, or out of the limits of his benefice, or out of the limits prescribed by this act, for the purpose of exempting such person from any pecuniary penalty in respect of any non-residence thereon; which licence shall express the cause of granting the same licence; (that is to say,) to any spiritual person who shall be prevented from residing in the proper house of residence or within the limits of such benefice, or within the limits prescribed by this act, by any incapacity of

mind or body; and also for a period not exceeding six months to any spiritual person on account of the dangerous illness of his wife or child making part of his family, and residing with him as such; but that no such licence on account of the illness of a wife or child shall be renewed save with the allowance of the archbishop of the province previously signified under his hand in pursuance of a recommendation in writing from the bishop, setting forth the circumstances, proofs, and reasons which induce him to make such recommendation; and also to any spiritual person having or holding any benefice wherein there shall be no house of residence, or where the house of residence shall be unfit for the residence of such spiritual person, such unfitness not being occasioned by any negligence, default, or other misconduct of such spiritual person, and such spiritual person keeping such house of residence, if any, and the buildings belonging thereto, in good and sufficient repair and condition, to the satisfaction of the bishop, and a certificate under the hand of two neighbouring incumbents, countersigned by the rural dean, if any, that no house convenient for the residence of such spiritual person can be obtained within the parish, or within the limits prescribed by this act, being first produced to the bishop; and also to grant to any spiritual person holding any benefice, and occupying in the same parish any mansion or messuage whereof he shall be the owner, a licence to reside in such mansion or messuage, such spiritual person keeping the house of residence and other buildings belonging thereto in good and sufficient repair and condition, and producing to the bishop proof to his satisfaction at the time of granting every such licence of such good and sufficient repair and condition: provided always, that any such spiritual person, within one month after refusal of any such licence, may appeal to the archbishop of the province, who shall confirm such refusal, or direct the bishop to grant a licence under this act, as shall seem to the said archbishop just and proper.

In cases not enumerated Bishops may grant Licences to reside out of Limits of Benefice, subject to Allowance by the Archbishop.

44. And be it enacted, that it shall be lawful for any bishop, in any case not herein before enumerated, in which such bishop shall think it expedient, to grant to any spiritual person holding any benefice within his diocese a licence to reside out of the limits of such benefice: provided always, that in every such case the nature and special circumstances thereof, and the reasons that have induced such bishop to grant such licence, shall be forthwith transmitted to the archbishop of the province, who shall forthwith proceed therein as hereinafter provided in cases of appeal, and shall allow or disallow such licence in the whole or in part, or make any alteration therein, as to the period for which the same may have been granted or otherwise; and no such licence shall be valid unless it shall have been so allowed by such archbishop, such allowance thereof being signified by the signing thereof by such archbishop : provided also, that it shall not be necessary in such licence to specify the cause of granting the same.

By whom Licences may be granted while a See is vacant, &c.

45. And be it enacted, that during the vacancy of any see the power of granting licences of non-residence under this act, subject to the regulations herein contained, shall be exercised by the guardian of the spiritualities of the diocese; or in case the bishop of any diocese shall be disabled from exercising in person the functions of his office, such power shall be exercised by the person or persons lawfully empowered to exercise his general jurisdiction in the diocese: provided always, that no licence granted by any other than the bishop shall be valid until the archbishop of the province shall have signified his approbation of the grant of such licence by signing the same.

Duration of Licences.

46. And be it enacted, that no licence for non-residence granted under this act, or under the said hereinbefore second recited act, shall continue in force after the thirty-first day of December in the year next after the year in which such licence shall have been or shall be granted.

Fee for Licence.

47. And be it enacted, that every person obtaining any licence of nonresidence shall pay for the same to the secretary or officer of the bishop, or other person granting the same, the sum of ten shillings, over and above the stamp duty chargeable thereon, and no more, and also the sum of three shillings, and no more, to the registrar of the diocese, and shall also pay the sum of five shillings to the secretary of the archbishop when any such licence shall have been signed by such archbishop.

Licences not to be void by the Death or Removal of the Grantor.

48. And be it enacted, that no licence of non-residence shall become void by the death or removal of the bishop granting the same, but the same shall be and remain valid, notwithstanding any such death or removal, unless the same shall be revoked as hereinafter mentioned.

Licences may be Revoked.

49. And be it enacted, that it shall be lawful for any archbishop or bishop who shall have granted any licence of non-residence as aforesaid, or for any successor of any such archbishop or bishop, after having given such incumbent sufficient opportunity of shewing reason to the contrary, in any case in which there may appear to such archbishop or bishop good cause for revoking the same, by an instrument in writing under his hand to revoke any such licence: provided always, that any such incumbent may, within one month after service upon him of such revocation, if by a bishop, appeal to the archbishop of the province, who shall confirm or annul such revocation as to him shall appear just and proper.

Copies of Licences or Revocations to be filed in the Registry of the Diocese, and a List kept for Inspection; and Copies transmitted to Churchwardens, and publicly read at the first Visitation.

50. And be it enacted, that every bishop who shall grant or revoke any licence of non-residence under this act shall and he is hereby required, within one month after the grant or revocation of such licence, to cause a copy of every such licence or revocation to be filed in the registry of his diocese; and an alphabetical list of such licences and revocations shall be made out by the registrar of such diocese, and entered in a book, and kept for the inspection of all persons, upon payment of three shillings, and no more; and a copy of every such licence, and a statement in writing of the grounds of exemption, shall be transmitted by the spiritual person to whom such licence shall have been granted, or who may be exempted from residence, to the churchwardens or chapelwardens of the parish or place to which the same relates, within one month after the grant of such licence, or of his taking advantage of such exemption, as the case may be; and every bishop revoking any such licence shall cause a copy of such revocation to be transmitted, within one month after the revocation thereof, to the churchwardens or chapelwardens of the parish or place to which it relates; which copies of licences and revocation, and statements of exemption, shall be by such churchwardens or chapelwardens deposited in the parish chest,and shall likewise be produced by them, and publicly read by the registrar or other officer, at the visitation of the ecclesiastical district within which such benefice shall be locally situate next suc