By 21 Henry VIII. c. 13. the clergy were forbidden to farm lands, or to buy any cattle or merchandise to sell for pro fit ; but if their glebe-lands were insuffi cient, they might farm more, in order to maintain their families, and might buy cattle to obtain manure. By 57 Geo. HI. c. 99, they were permitted, with consent of the bishop of the diocese, to farm lands to the extent of eighty acres for a term not exceeding seven years.
The act which now applies to farming and trafficking by the clergy is the 1 & 2 Viet. c. 106, which consolidated former acts on this subject : its provisions do not extend to Ireland. The term " spiritual persons" includes persons " licensed or otherwise allowed to perform the duties of any ecclesiastical office whatever." The clause (§ 28) which relates to farm ing is substantially the same as in 57 Geo. III. c. 99.
The clause (§ 29) respecting spiritual persons engaging in trade, or buying to sell again for profit, enacts that it shall not be lawful for such persons "to engage in or carry on any trade or dealing for gain or profit, or to deal in any goods, wares, or merchandise, unless in any case in which such trading or dealing shall have been or shall be carried on by or on behalf of any number of partners exceed ing the number of six, or in any case in which any trade or dealing, or any share in any trade or dealing, shall have de volved or shall devolve upon any spiri tual person or upon any other person for him or to his use, under or by virtue of any devise, bequest, inheritance, intestacy, settlement, marriage, bankruptcy, or in solvency ; but in none of the foregoing excepted cases shall it be lawful for such spiritual person to act as a director or managing partner, or to carry on such trade or dealing as aforesaid in person." Spiritual persons holding benefices could not legally become members of a joint stock banking company before the pass ing of a short act, 1 Vict. c. 10, which enacted that no association or co-partner ship or contract should be void by reason only of spiritual persons being members thereof ; and the principle of the act is now adopted in 1 & 2 Vict. c. 106.
It is enacted in § 30 of 1 & 2 Vict. c. 106, " That nothing hereinbefore con tained shall subject to any penalty or forfeiture any spiritual person for keep ing a school or seminary, or acting as a schoolmaster or tutor or instructor, or being in any manner concerned or en gaged in giving instruction or education for profit or reward, or for buying or selling or doing any other thing in rela tion to the management of any such school, seminary, or employment, or to any spiritual person whatever, for the buying of any goods, wares, or merchan dise,or articles of any description, which shall without fraud be bought with intent at the buying thereof to be used by the spiritual person buying the same for his family or in his household; and after the buying of any such goods, wares, or mer chandises, or articles, selling the same again or any parts thereof, which such person may not want or choose to keep, although the same shall be sold at an advanced price beyond that which may have been given for the same ; or for disposing of any books or other works to or by means of any bookseller or pub lisher; or for being a manager, director, partner, or shareholder, in any benefit society, or fire or life assurance society, by whatever name or designation such society may have been constituted ; or for any buying or selling again for gain or profit, of any cattle or corn or other articles necessary or convenient to be bought, sold, kept, or maintained by any spiritual person, or any other person for him or to his use, for the occupation, ma nuring, improving, pasturage, or profit of any glebe, demesne lands, or other lands or hereditaments which may be lawfully held and occupied, possessed, or enjoyed by such spiritual person, or any other for him or to his use ; or for selling any minerals, the produce of mines situated on his own lands ; so nevertheless that no such spiritual person shall buy or sell any cattle or corn, or other articles as aforesaid, in person in any market, fair, or place of public sale."
Under § 31 of the act the bishop of the diocese might suspend a spiritual person for illegally trading, and for the third offence such person might be deprived ; but proceedings for this offence would now be regulated by 3 & 4 Vict. c. 86.