The statute expressly excepted deane ries, archdeaconries, chancellorships, tana surerships, chanterships, prebends, and si necure rectories. Donatives are within the statute, if a donative is the first living; but if a donative is the second living taken without a dispensation, the first is not made void by the statute, the words of which are " instituted and in ducted to any other," words not applicable to donatives. But it seems that both in the cases excepted by the statute, and in the case where the second living is a donative, a dispensation is equally neces sary in order to hold both preferments, as otherwise the first would be voidable by the canon law.
The stat. 36 George III. C. 83, brought chapels and churches augmented by Queen Anne's Bounty within the Sta tute of Pluralities, by enacting that such churches and chapels shall be considered as presentative benefices, and that the licence to serve them shall render other livings voidable in the same manner as institution to presentative benefices. It appears that both by the common law and by the provisions of statute 37 Henry VIII. c. 21, and 17 Charles H. c. 3, a union or consolidation of two benefices into one might, with consent of patrons, ordinaries. and incumbents, be made in such a manner as not to be affected by the statute of Pluralities. Under § 72 of 1 & 2 Vict. c. 106, benefices may be di vided or consolidated with the consent of patrons, and there is a clause for appor tioning in certain cases the incomes of two benefices belonging to one patron. (Burn's Eccles. Law, tit. "Union.") For the manner of obtaining dispensa tions from the archbishop, and for the form of such dispensations, and of the confirmation thereof by the lord chancel lor, and the provisions which the canon law requires to be inserted in such dis pensations, see Burn's Eccles. Law, tit. "Plurality." The subject of Pluralities is now regu lated by 1 & 2 Vict. c. 106, entitled An Act to abridge the holding of Benefices in Plurality, and to make better provision for the residence of the clergy.' By this act no persons holding more benefices than one shall hold therewith any cathe dral preferment or any other benefice. The term "cathedral preferment" com prehends every dignity and office in any cathedral or collegiate church. An arch deacon may hold two benefices with his archdeaconry under the limitations of the act. Two benefices held by one person must be within ten miles of each other, and a licence of dispensation must be ob tained from the archbishop of Canterbury. No person is to hold a benefice with a population of more than three thousand persons, if he has already a benefice with a population exceeding five hundred per sons ; and two benefices cannot be held if their joint yearly value exceeds 1000/. Ifi however, the yearly value of one of the benefices be under 1501., and the po pulation does not exceed 2000, two bene fices may be held together, although their joint value exceed 10001. ; but the incum
bent must give to the bishop a statement in writing of the reasons why the two benefices should be held together, and the bishop may require him to reside nine months in the year on one of them.
5. Another mode of avoidance of a benefice is by deprivation under a sen tence of an ecclesiastical court. The principal causes on which sentence of deprivation is usually founded are heresy, blasphemy, gross immorality ; or convic tion of treason, murder, or felony.
6. A benefice may be avoided by act of the law; as where the incumbent omits or refuses to subscribe the Thirty-Nine Articles, or declaration of conformity to the Liturgy, or to read the Articles or Book of Common Prayer, in pursuance of the statutes which render those acts necessary. But the most remarkable mode of avoid ance which is to be classed under this head is that for simony, in pursuatce of the sta tute 31 Elizabeth, e. 6. By this statute for the avoiding of simony, it is among other things enacted, that if any patron, for any sum of money, reward, profit, or benefit, or for any promise, agreement, grant, bond, of or for any sum of money, reward, gift, profit, or benefit, shall pre sent or collate any person to an eccle siastical benefice with cure of souls or dignity, such presentation or collation shall be utterly void, and the crown shall present to the benefice for that turn only. The statute also imposes a penalty upon the parties to the simoniacal contract to the amount of double the value of a year's profit of the benefice, and for ever disables the person corruptly procuring or accept ing the benefice from enjoying the same. And by statute 12 Anne, sess. 2. c. 12, a purchase by a clergyman, either in his own name or that of another, of the next presentation for himself, is declared to be simony, and is attended with the same penalties and forfeiture as are imposed by the statute of Elizabeth. Upon the construction of this statute of Elizabeth it has been held, that if the next presen tation can be shown to have been pur chased with the intention of presenting a particular person, who, upon a vacancy taking place, is presented accordingly, this fact is sufficient to render the trans action simoniacal. An exception has in deed been made in the case of a father providing for his son by the purchase of a net presentation, but the principle of this exception has lately been denied. (2 B. & C. 652.) • The circumstance of the incumbent being at the point of death at the time of the contract, may also vitiate the trans action ; except where the fee simple of the advowson is purchased, in which case it has been decided that the knowledge of the state of the incumbent's health does not make the purchase simoniacal.