RESIDENCE. 



We obferve here, that the aft of 13 Eliz. c. 20, referred 

 to under Lease, which was at firft temporary, but made 

 perpetual by 3 Car I. c. 4, is repealed by 43 Geo. III. 

 c. 84, as well as feveral other ftatutes, fo far as they relate to 

 it. This itatute enafts, that fpiritual perfons may take 

 houfes, &c. though not in a city, &c. and fuch as have not 

 fufficient glebe may, by confent of the bifhop, take farms. 

 They may alfo hold eftates as property, but not any farm 

 for cultivation, unlefs under a leafe granted on or before 

 Jan. I, 1803, or by confent of the bifhop. They may 

 alfo buy or fell cattle or corn for the occupation of farms. 

 Vicars or curates may take leafes of the impropriate par- 

 fonages of their parifhes ; but if not occupied by a fpiritual 

 perfon before the pr.fling of this aft, the licence of the 

 bifhop is necefl'ary. A licenfed clergyman, or one exempt 

 from refidence, may occupy, where he refides, fuch lands as 

 the bifhop may allow. This ilatute is amended, in feveral 

 refpefts, by 54 Geo. III. c. 175. By one claufe inthislalt 

 aft, fo much of 53 Geo. III. c. 149, as enafts that incum- 

 bents, neglefting to notify the death of a curate, fhall lofe 

 his exemption from refidence, or licence for non-refidence, is 

 repealed ; and a penalty of 20/. is impofed. 



By 53 Geo. III. c. 149. f. 2, the bifhop or ordinary is 

 empowered to appoint falaries to licenfed curates ; the li- 

 cence, fpecifying the amount of fuch falary; and c 

 may be direfted to refide in the parfonage houfe in cafe of 

 the non-refidence of incumbents for four months in each 

 year, during the faid non-refidence: but the diltance of the 

 refidence of fuch curate, licenfed to refide out of the parifh, 

 from any church or chapel which he fhall be licenfed to 

 ferve, fhall not exceed five ftatute miles, except in cafes of 

 neceffity, to be approved bv the bifhop or ordinary, and fpe- 

 cified in the licence. The bifhop may direct the curate to 

 give up poffeffion of the parfonage or vicarage houfe, and in 

 cafe of refufal, he fhall forfeit to the reftor or vicar, all 

 fuch parts of his flipend as fhall then be unpaid, or fhall 

 thereafter become due, and alfo the fum of 50/. to fuch rec- 

 tor or vicar, recoverable in an aftion of debt. The falaries 

 payable to curates fhall be in proportion to the value of 

 the benefices ; in no cafe lefs than So/, per annum, or than the 

 annual value of the benefice, donative, perpetual curacy, or 

 parochial chapelry, if the faid value fhall not amount to 

 80/. per annum ; nor lefs than ico/ per annum, or the whole 

 value as aforcfaid, if the faid value fhall not amount to 100/. 

 per annum in any parifh or place where the population, (ac- 

 cording to the returns then luft made in purluance of any 

 aft or afts of parliament,) fhall amount to or exceed 300 

 perfons ; and fuch falary fhall not be lefs than 1 20/. per 

 annum, or the whole value as aforefaid, if the laid value 

 fhall not amount to 120/. per annum, in any parifh or place 

 where the population fhall appear as aforefaid to amount to 

 or exceed 500 perfons ; and fuch falary fhall not be lefs 

 than 150/. per annum, or than the whole value as afore- 

 faid, if the faid value fhall not amount to 150/. per 

 annum, in any parifh or place where the population fhall 

 appear, as aforefaid, to amount to or exceed 1000 perions : 

 provided always, that the annual value of all benefices, do- 

 natives, perpetual curacies, or parochial chapelries, of which 

 the faid value, eftimated as is herein provided, does not 

 amount to 150/. per annum, fhall be eftimated from the re- 

 turns mr.de by the bifhops of the feveral diocefes to the go- 

 vernors of queen Anne's bounty, in purfuance of an addrefs 

 of the houfe of lords, or from any future returns which may 

 be made by the faid bifhops to the faid governors, refpefting 

 parifhes or places omitted in the faid returns, or refpefting 

 parifhes or places in the aftual income of which it ihall be 



made appear to the faid bifhops that any confiderable varia- 

 tion has taken place, either by augmentations made by the 

 faid governors or other wife. 



However, where the curate's falary is of the value of thr 

 benefice, it fhall be liable to the charges affecting it. When 

 the curate is permitted to ferve in an adjoining parifh, it lhall 

 be lawful for the bifhop or ordinary to appoint for fuch in- 

 cumbent, or perpetual curate, fo licenfed, a falary lefs by a 

 ium not exceeding 30/. per annum, than the falary which in 

 the feveral cafes herein before mentioned the bifhop or ordi- 

 nary is refpeftively required by this aft to appoint ; and in 

 every cafe where the bifhop or ordinary fhall find it neceflary 

 or expedient as aforcfaid, to licenfe one and the fame perfon 

 to ferve as curate for two adjoining or other parifhes or places, 

 it fhall be lawful tor fuch bifhop or ordinary to direft that 

 during fuch time as fuch curate fhall ferve fuch two churches 

 or chapels, the falary to be received by him for ferviug each 

 of the faid churches or chapels (hall be lefs by a fum not ex- 

 ceeding 30/. per annum, than the falary which in the feveral 

 cafes herein before mentioned the bifhop or ordinary is re- 

 quired by this aft to appoint : Provided always, that no 

 luch falary fhall in any cafe be lets than 50/. per annum, or 

 than the whole value of the faid benefice, donative, perpe- 

 tual curacy, or parochial chapelry, which fuch incumbent, 

 perpetual curate, or curate, ihall be licenled to ferve, if the 

 faid value fhall not amount to 50/. per annum : Provided al- 

 ways, that no incumbent, perpetual curat", or curate, fhall 

 be licenfed to ferve as curate in any church or chapel which 

 is diftant more than five ftatute miles from any church or 

 chapel already ferved by fuch incumbent, perpetual curate, 

 or curate, except in cafes of neceflity, to be approved b) 

 the bilhop or ordinary, and fpecified in the licence. 



In certain cafes, fmaller falariei are to be allowed to cu- 

 rates. The bifhop is to allow the reftor, &c. to deduft ironi 

 the curate's falary for repairs to a limited amount, fo that it 

 fhall not in any year exceed one-fourth part of the falary 

 allotted to the curate. The curate is required, in certain 

 cafes, to pay the taxes of the parfonage houfe. Where the 

 benefice, clear of all deductions, exceeds 400/. per annum, the 

 bilhop may alTign to the curate of fuch parifh or place, refldent 

 within the lame, and ferving no other cure, a falary of looLper 

 annum, though the population may not amount to 300 perfons ; 

 and if the population fhould amount to 500 perfons, the bifhop 

 may affign to the curate any larger lhpend or allowance, fo 

 that the fame fhall not exceed by more than 50/. per annum 

 the amount of the ftipend or allowance before fpecified, as 

 required to be ailigned to fuch curate. No licence fhall be 

 granted to ferve more than two churches in one dav ; ex. 

 ing only in certain cales, where three chapels or churches ar< 

 not diftant from each other more than four meafured miles, 

 the reafons for granting fuch licence being itated in it ; and 

 it is required that the refidence of the curate be fuch, that it 

 fhall not be neceflary for him to travel more than fifteen miles 

 to perform his whole duty. An incumbent applying for 

 licence for non-refidence fhall ftate what falary he propofes 

 to give to his curate. See Curate. 



Bifhops are not punifliable by the ftatute of the 

 21 Hen. VIII. for non-refidence upon their bifhoprics ; but 

 although an archbilhop or bilhop be not tied to be reiident 

 upon his bifhopric by the ftatutes ; yet they are thereto 

 obliged by the ecclefiaftical law, and may be compelled to 

 keep refidence by ecclefialticalcenlures. (Watf. c. 37.) See 

 alfo the conftitutionsof archbilhop Langton, of Otho, and 

 of Othobon. By canon 42, every dean, mailer, or warden, 

 or chief governor of any cathedral or collegiate church, fhall 

 be reiident in the fame tourfcore and ten days, conjunflim or 



divi/im, 



