in one of the universities of this realm, and be a publick and Sufficient preacher licenfed. Provided always, that he be by a good and fufficient caution bound to make his perfonal refidence in each of his faid benefices for fome reasonable time in every year; and that the faid benefices be not more than thirty miles diftant afunder; and lafly, that he have under him, in the benefice where he doth not refide, a preacher lawfully allowed, that is able fufficiently to teach and inftruct the people. Very well worthy for his learning] So is the tenor of the Lateran council under Innocent the Third against pluralities; where it is allowed, in this particular cafe and in no other, that the fee apoftolic may difpenfe with perfons of fublime abilities and learning, that they may be honoured with more benefices than one. Gibf. 910. A publick and fufficient preacher licenfed] With regard to his being thus qualified (which in thofe days was not a common qualification), there is ufually a provifo in the body of the difpenfation, that in either of the churches he preach thirteen fermons every year, according to the orders of the church of England published in that behalf, and therein handle the word of God religiously and reve rently. Gibf. 910. Bound to make his perfonal refidence for fome reasonable time] In every difpenfation to hold two benefices, there is a provifo, that in that benefice from which he thall be the more abfent, he fhall exercife hofpitality for at least two months every year and that provifo being evidently founded on this canon; every pluralift, who doth not obferve it, is punishable by ecclefiaftical cenfures. Gibf. 911. Not more than thirty miles diftant] Heretofore, it was ufual to obtain licences from the king, to take two benefices beyond the diftance of thirty miles, by way of dif penfation with this canon; and in fuch cafes we find this claufe in the faculties granted by the archbishop, "The king's licence for diftance beyond thirty miles "having been first granted to you," or the like; by reafon of which licence and claufe, they have been ufually called royal difpenfations. But none of thefe (as it feemeth) have been granted fince the Revolution; it hav ing been then fet forth in the declaration of rights, 1 W. Jeff. 2. c. 2. that the power of fufpending laws or the execution of laws, by regal authority, without confent of parliament, is illegal; and with refpect to acts of parliament in particular, it is enacted by that ftatute, that no difpenfation by non obftante of any statute shall be allowed, unless the fame fhall be fpecially provided for in fuch ftatute. Gibf. 911. Thirty Thirty miles] H. 15 G. 3. K. & Clive. In the common pleas: In a quare impedit, on the prefentation to the rectory of Adderley St. Peter in the county of Salop, being a benefice of above 81, value in the king's books; the declaration ftates, that Clive, being incumbent of Adderley, had accepted the vicarage of Clun, at more than 30 miles diftance from Adderley, whereby the latter became void, Clive pleads a difpenfation under the great feal, and denies that the livings are more than 30 miles diftant. And upon that, iffue is joined. On the trial, it was proved, by an actual admeasurement, along the turnpike road, that the distance from church to church was 48 miles, from parifh to parish 43 miles; that the direct horizontal diftance from church to church was 42 miles, from parish to parifh 38 miles: But that by computation in the country the two livings were but 29 miles diftant, and this was the ufual method of computing diftances upon fuch difpenfations. Of which opinion was the judge who tried the cause and a special jury, who found a verdict for the defendant. It was moved for a new trial, alleging that the measured distance was the only one the law could take notice of: And the ftatute of 35 Eliz. c. 6. was cited, wherein a mile is declared to contain 8 furlongs, each fur long 40 poles, and each pole 16 feet and an half. On fhewing cause against a new trial, it was argued, that the diftance of the parishes is a matter merely regulated by the canons of the church, which may be directory in fuch cafes to the archbishop, but is not taken notice of in the ftatute of difpenfations, nor ever called in question in the king's temporal courts: Therefore the iffue is immaterial. But if material, the ecclefiaftical laws must be the rule in this cafe, and there the uniform practice has been to go by computed miles. And the court were clearly of opinion, that by the temporal law, the distance of the churches is. immaterial; and they difcharged the rule for a new trial. Black. Rep. 968. N. B. In many parts of England, as alfo in Scotland, the computed miles moft commonly run in the proportion of about two computed to three measured miles. What has been the original of the difference, feems difficult to afcertain. 1 [It has been remarked, that in many parts of the country the computed miles are long or fhort, in proportion to the difficulty or eafe of travelling the road.] That he have under him, in the benefice where he doth not refide, a preacher lawfully allowed] In purfuance of this canon (and not of any thing in the ftatute), a clause to the the like purpose is inferted in the faculty or difpenfation. Gibf. 911. And it is further provided by Canon 47. that whofoever hath two benefices, fhall maintain a preacher licensed, in the benefice where he doth not refide; except he preach himself at both of them usually. 5. The method which a prefentee muft pursue, in order to obtain a difpenfation, is as followeth : He must obtain of the bishop in whofe diocese the livings are, two certificates of the values in the king's books, and the reputed values and diftance of fuch livings; one certificate for the archbishop, and the other for the lord chancellor. And if the livings lie in two diocefes; then two certificates, as aforefaid, are to be obtained from each bishop, each certifying the value in the king's books, and the reputed value of the living in his own diocese; and both of them the reputed diftance of the two livings. Which certificates may be in this form: "To the moft reverend father in God, Thomas, by divine providence lord archbishop of Canterbury, primate of all England, and metropolitan : "Whereas A. B. clerk, mafter of arts, vicar of C. in the county of D. and in my diocefe of E. is prefented to the rectory of F. in the county and diocefe aforefaid; These are therefore to certify your grace, that the said vicarage of C. is valued in the king's books at — is of That the faid rectory the reputed yearly value of of F. is valued in the king's books at is of the reputed yearly value of from each other about the day of —." And that they are diftant miles, Witness my hand The like to the lord high chancellor of Great Britain. He must also exhibit to the archbishop, his presentation to the fecond living. And alfo bring with him two papers of teftimonials from the neighbouring clergy, concerning his behaviour and converfation; one for the archbishop, and the other for the lord chancellor. The form of which teftimonials may be thus: "To the most reverend father in God, Thomas, by divine providence, lord archbishop of Canterbury, primate of all England, and metropolitan : "We whose names and feals are hereunto fubfcribed and fet, do humbly certify your grace, that we have perfonally known the life and behaviour of A. B. clerk, mafter of arts, vicar of G, in the county of D. and diocese of E. for Manner of obq taining a dif penfation the the fpace of three years now laft paft; that he hath, during day of in A. B. rector of A: C. D. vicar of B. Form a dif penfation. E. F. vicar of C. And he must in like manner exhibit to the archbishop his letters of orders of deacon and priest. And he must alfo exhibit to the archbishop, a certificate of his having taken the degree of mafter of arts at the leaft, in one of the universities of this realm, under the hand of the register of fuch univerfity. And in cafe he be not doctor or bachelor of divinity, nor doctor of law, nor bachelor of canon law; he is to procure a qualification (according to the form above expreffed) as chaplain to fome nobleman, or to fome other perfon impowered by law to grant qualifications for pluralities (which is alfo to be duly registered in the faculty office) in order to be tendered to the archbishop, according to the ftatute. And if he hath taken any of the aforefaid degrees, which the ftatute allows as qualifications; he is to procure a certificate thereof in the manner before mentioned, and to exhibit the fame to the archbishop. Ecton, 444. After which, his difpenfation is made out at the faculty office; where he gives fecurity according to the direction of the canon. And afterwards he muft repair to the lord chancellor, for confirmation under the broad feal. All which being done, he is then to apply himself to the bishop of the diocefe where the living lies, for his admiffion and inftitution. Deg. p. 1. c. 4. 6. In pursuance of the ftatute and canons aforegoing, the form of a difpenfation is ufually as followeth : ་་ "Thomas, by divine providence archbishop of Can"terbury, primate of all England, and metropolitan, by "authority of parliament lawfully impowered for the purpose herein written: To our beloved in Chrift "A. B. clerk, mafter of arts, of college in the uni"verfity of and alfo chaplain to the right honourable health and grace. The greater progress "men make in facred learning, the greater encourage "C. lord "ment «ment they merit; and the more their neceffities are in daily life, the more neceffary fupports of life they re"quire. Upon which confiderations, and being moved by your fupplications in this behalf, We do (by vir"tue and in pursuance of the power vefted in us by the ftatutes of this realm) by thefe prefents graciously dif "pense with you; that, together with the rectory of the "parish church of in the county of and dio❝cese of — which you now poffefs, the annual fruits "whereof, according to the valuation made in the books "of firft fruits and tenths of ecclefiaftical benefices re"maining in the exchequer of our fovereign lord the "king, do not exceed the fum of you may freely "and lawfully accept, and hold as long as you shall "live, the rectory of the parish church of in the county of- and diocese of not diftant from the "former above miles or thereabouts, the annual "fruits whereof according to the valuation aforefaid, "do not exceed the fum of- Provided always that " in each of the churches aforefaid, as well in that, "from which it fhall happen that you shall be for the greater part abfent, as in the other, on which you "hall make perpetual and perfonal refidence, you do "preach thirteen fermons every year according to the "ordinances of the church of England promulged in "that behalf; and do therein fincerely religiously and "reverently handle the holy word of God; and that in "the benefice, from which you fhall happen to be most "abfent, you do nevertheless exercife hofpitality, two "months yearly; and for that time, according to the "fruits and profits thereof, as much as in you lieth, you "do fupport and relieve the inhabitants of that parish, " especially the poor and needy. Provided alfo, that "the cure of the fouls of that church from which you "fhall be moft abfent, be in the mean time in all re"fpects laudably ferved by an able minifter, capable to "explain and interpret the principles of the Chriftian "religion, and to declare the word of God unto the "people, in cafe the revenues of the faid church can "conveniently maintain fuch minifter; and that a com་་ petent and fufficient falary be well and truly allowed "and paid to the faid minifter, to be limited and allotted "by the proper ordinary at his difcretion, or by us or our fucceffors, in cafe the diocefan bishop fhall not "take due care therein. Provided nevertheless, that "these presents do not avail you any thing, unless duly "confirmed by the king's letters patent. Given un "der |