The British Press; or, Morning Literary Advertiser. — London, England, 1803-04-13 00:00:00

T`~ I .' ...Mk,. hvvirbg or holding any parevenea, vicarage, dona tive, ex pin tactual canine *herein there shall he no Mine of residence, or share th house of.resilence shall he melt lot the residence of such ecclesiastical person, itech unfitness not being occasioned by any efagclice, default. or other Of such ee ti.esiastheil isersnr. ; and also to on i• spiritual person h taint: or bolding any parson:we, , vicarage, dolia aive, or perpetual - curacy, and having or possessing or oecepying.in the parish of such parsonage, vicar wee, dietative, or perpetual cure, any mancinn er mrenage belonging to himself or any relative, to reside in such mar seri or mesmage, such spiritual senior. keeping the house of residence in good, suf nciesit, and tereintahle repair and condition, to the sat: 'laden of the bishop ; and also for any spiritual person h 3 ing or holding any parsonage, vicarage, don teve, or eereeteal curacy of small vanes, bearing aa a stieendiary curs:- elsewhere, u i,h the better: at the bishop of his diocese, and providing for the serving of such his parsonage, vicarage, do td:Ye. or perpetual curacy, to the Satisfaaioe ei th e bishop of his - diocese ; and also to any newer or tidier of uny endowed school duly licensed by the bishop, and a-I:tally employed in teaching therein ; rid also to any master or preacher of hospitals or iecnrporat.J eltaritable foundation, during the pe n el tx ‘vhich he may be rectiiirecito reside by any ah-Ines tT Autate of any such hospital or incorpo rated charitable folepdation, or by any other lawful ant:lgnite in the ; or ci any person holding any eedrovesi lociareship, or endenved chapelry, or to the trustees of laisilt'tewc's charity, during the times of , their personal attendance on the duties of their i Bee: provided always, that for any such licence, the party obtaining the same shall not pay more to the secretary or officer of the bishop than the sera of eaclusive of any such stamps as may be required by law : provided always, that it any sphittesi persiia Applying to any bishop for any sush licence, snail think himself ag erieved by the refusal thereof, it shall be laee feel fiw such spiritual person to appeal :o the archbishop of the piovince, who shall forthwith ether by himself or sotte commissioner or commis sioners appointed from among the bishops of his province, under his hand, make or cleat to be made enquiry into the same, and to confirm such re tasal, or grant a licence under this ad, as shall seem "as' aid proper • vided nevertheless, that the patty prating, : pri hall give security to the bishop our she paym-nt nf such reasonable erencea occabioned by the :t peal, as the archbishop or his commissioner of con 'sssoners shall award. And be it further enacted, That from and after the it shall be lee ful for any such bishop as aforesaid, in any cases not herein-before enume rated, in which under all the circumstances of any etch case suchbishep shall think it expedient to grant to any such spiritual person a licence to reside out of the proper house of residence, or out of the parish, as the case may appear to such bishop to require: Pro vided always, that in every such case the nature and special circurestances thereof, and the reasons that have induced such bielop to grant such licence as aforesaid, shall be transmitted to the archbishop of the province to which such bishop shall belong, who shall forthwith by himself or by sonic commission er or commissioners appoiated for that purpose from anions the bishops of such province, by writing un der his hand, which commissioner or commissioners is and arc thereupon authorized to take upon him self or themselves the execution of the said commis sion, examine into such case, and make such enqui ries as to any particulars relating thereto as such atcithishop or commissioner or commissioners so appointed as aforesaid may think necessar:, aad shall thereupon allow or disallow such li cence, in the whole or in part, or make any ahe ration therein as to the period for elech the same neiy have hen granted, or otherwise, as to such ..rcithishop nor commissioner of commissioners shall seem fig ; and no such licence shall be good, valid, etfeetual under this aft for any purpose whatever, unless it alra:l have been so allowed and approved by such a: a aleshop of conimissioner or commis sieners on his behalf; such allowance thereof being signified by the aigeing . thereof by such archbishop; provided alwas, that it shall not be necessary in aach licence to specify the cause of grantin g there of; provided also, that no licence granted by any bishop or archbishop under this aft shall be made Yoe: uy the death or removal of the bishop or arch bl,hoP erantiag thereof, but the same not having been revoked shall he and remain good and valid notwithstanding any such death or removal, unless e le same shall be revoked by the next or any sue- I ceedicg bishop or archbishop ; provided also, that any spiritual person may appeal against any such ' tevocation by the bishop, in like manner as is herein before directed in case of any refusal of any licence : Provided also, that the respeelive archbishops may iu their respeetive dioceses of which they are bishops, • grant licences under the provisions and regulations in this ad contained, in all cases in which any licen ces may he granted by any bishop under this ae% ei ther by his own authority or with the allowance and approval of the archbishop as aforesaid ; provided also, that it shall be lawful for any such archbishop to meter and direct such reasonable fees and charges to be paid by any such spiritual person appealing as atoresaid in resped of such proceedings as al.ne eed, as he shall in his discretion think tit ; provided always, that in every case when any costs and ..harges directed by such arch l e ishop or bishop as 2.1e-el:lid, %hall rernaiu unpaid for the period of after demand thereof left at the usual or last place nt abode of the person liable to the paymept, shall be lawful for such bishop or archbishop/re seedively to cause the same to be recovered by se qiiestration of the profits of the parsonage, vicar :age; donative, or perpetual curacy of such spiritual errson as aforesaid, and which sequestration such eaG eboe e p or bishop ale respectively hereby em powered to *aunt: Per vide e lways, and be it further enaeled, that it shall be lawful for arty bisbefo cr archbishop who -nail have granted-a:ly *itch licence as aforesaid, or s:,f buccessm of any such bishop or archbishop, to r:vokc any .itch I:cence in any case in which it may appear to proper and expedient" to revoke the its ; provided also that tie licence granted under t aft shall continne . iis ce ear more than ( e e l s from the graining thern ad he it firther esaded thet /very sech bisboi to i% Sire any such 'petition shal e & presented, And' Vie shall grant or revoke illy ;teener founded there and ate is heneby.riettuired to Caus ," ,{ copy of such or revocatiod to be file' in the regis tiy of the diocese withie - suc.h parsonage., vicarage, e .11... i vs , cr perpetual 'curaey, in re pets wher^of ' , 4 • 4 . ' • • • 4-01 .`" , • ••• lc JO • . ~~i X II - 7 4.,, , ,,v',,,. •• - .r .• • .• any such Alcente shall he granted or revocation , made, shall be locally situate, with the, register of such diocese ; and an alphabetic al list of such li- - cences and revocations shall be made o ut by soli register, and entered in a book, and kept for ;lie ia spedion of all persons upon rsyment of the sum of and no more ; and a copy of every such licence and revocation shall be delivered to the churchwardens of the parish within after the grant of such licence oc revocation thereof ; and a copy of the same shall likewise be publ'cly read at the visitation of the archdeacon of the arch3eaconry within which the parsonage, vicara:;, , , donative, or perpetual curacy, in respell whereo f the licence shall have been granted or revocation made r shall be locally situate, immediately next succeeding the granting or revocat . thereof. Provided also, and be it further maned, that every archbishop, who shall confirm in manner di rected by this an any licence or licences in any cart, or ekes not enumerated in this ad, or who shall grant any such licence in his own diocese, shall an nually on or before the thirtieth day (,f January in each year, transmit to his Majesty's Privy Council a list of all such licences so confirmed or granted respectively . as aforesaid, in the year ending on the last day of December t receding such thirtieth day of January, and shall in every such list specify the reasons transmited to him by the bishops of the se veral dioceses for granting the said licences, and which have induced him to confirm the same, and also the reasons which have' induced him to grant any such licence as nforesaid within his own diocese ; and it shall be lawful for his Majesty'g Privy Coun cil, by any order made for that purpose, to revoke and annul any such licence, and Ins Majesty's Privy Council shall in such case transmit or cause to be transmitted to the archbishop, who shall have con firmed tar granted such licence, the order for the revocation or an nullag thereof, who shall thereupon cause a eopy of every such order made in relation to any licence cur firmed be him as aforementioned, to be transmitted to the bishop of -the diocese in . which such licence slrall have been granted, who shall thereupon can the copy of the said order to he filed in the registry of such diocese, and a copy likewise to be delivered to the churchwardens•in manner herein bef4 direded as to licences grant ed and revocations made by any such archbishop or bishop under this ad ; and every such archbishop shall cause a copy ef every such order n:ade in re lation to any such licence as aforesaid granted by him in his own diocese, to be in like manner filed in the registry of his diocese, and a copy also to be delivered - to the churchwarden of the parish to which such licence shall relate, in manner before mentioned. And be it further enaeled, that it shall be lawful for any spiritual person to whom any such licence " shall be granted, and against whom any action shall hereafter during the continuance of this aft he brought for any penalty or tOrfeiture under the said recited at, by reason of any nonresidence, or any . matter or thing relating thereto, to plead such li cence in bar of any such asclion ; and if the plaintiff in such suit or adieu shall be nonsuited, or shall dis continue any such suit or action after any plea of licence shall have beea pleaded thereto under this aet, then and in such case the defendant in such suit or action shall heve full costs of suit ; and if in any such suit or action a verditfl shall be given for the defendant, the defendant shall have costs, and have the like remedy for the same as any defendant heth in other cases to recover costs by And be it further enacted, That nothing in this act contained shell extend or be censtrued to extend to etempt any person or persons from any canonical or ecclesiastical censures, or afTed any proceedings that shall hereafter be instituted in any ecclesiastical court, in order to c:u the same to he inflkied in relation to the nonresidence of any spiritual person having or holding; any parsonage, vicarage, dona tive, or perpetwil curacy, not being duly licettced according to the petivisions of this ail to be absent therefrOm, not having any other lawful cause of ab sence ; provided always, that from and after the no snob censures by eason of any non-re sidence not e weeding months shall be in force, nor shall any proceeding be admitted in any eecle siesticel court against any such spiritual person for such non-residence nut exceeding months, at the suit of any person or persons other than the bishop or archdeacon only of the diocese within which such parsonage, vicarage, donative, or per petual curacy, in respea whereof such . non-residence shall have mien place, shall be locally situated ; any thing in any lawur laws, or ecclesiastical canon or canons, to the contrary thereof notwithstanding. And be it further cnautcd, That in every case in which it shall appear to any such bishop as afore said, that any spiritual rerson having or holding any parsonage, vicarage, donative, or perpetual curacy, and not being -licensed according-to this Mt to be absent therefrom, nor having any other lawful cause of absence from the same, does not sufficiently re side on aide r anvin g e, vicarage, donative, or per petual curacy, it shall be lawful i:er seat bishop to issue or cause to he issued a monition to such spire trial person, forthwith to proceed to and reside thereon, and perform the duties thereof, and to make a return to such monition within a certain number of days, after the issuing thereof ; so as that in every such case there shall 'be days be tween the time of delivering such monition to such spiritual person, or leaving the same at his then usual place of abode, or lest place of abode, if riot there to be found, and with the officiating mini, ter or one of the church-wardens, and the time specified in such monition for the return thereof ; and every such monition shall immediately on the issuing thereof be filed in the registry, and open for inspec tion on the payment of and no more ; and the spiritual person to whom any such monition shall be • sent under this act, shall within the time specified for that purpose make a return thereto : and it shall be lawful for the bishop, to whom any such return shall be made to require such return, or any &Cis contained therein, to be verified by the oath of such spirituel person, or other , , to be taken before sonic surrogate or master extraordinary in chancery, which oath any such sur rogate or master extraordinary in chancery is hereby 1, authorized and required to administer, en applica tion being made for that purpose ; and in every . ecase where no such return shall be made, or where such return shall not state such reasons as shall be deemed satisfactory by such bishop for the non-resi dence oldie spiritual person to whom such monition shall have been sent as aforesaid, or where the same or ari of the fads contained therein shall not be so •Or "". • •••• • . ...• • t 4•-•• • _ liwAN MI T , % `; • r i . . c' .•; S. Yt r • tearivt.4.ebleetirrenctriireida: a tit r l eS l and ° winht;UncitlbCeassearniet sshhaallll be lawful for such bishop to issue an order in writ log udder his hand and seal, to require such person to proceed to and reside as aforesaid, within days after such order in writing, or a copy thereof shall have been delivered or left in like manner as is hereinbefore required as to monitions; and in case of non-compliance it shall be lawful for such bishop to sequester the profits of such parsonage, vicarage, donative, or perpetual curacy of such spiritual person as aforesaid, until such monition shall be complied with, or such sufficient reasons for non-residence stated and proved as aforesaid, and to direa any order to be made for that purpose under his hand, Cie application of such profits, after dedufting the necey,:try espences of serving the cure, either in the v..hole or in such proportion as he shall think fit, in Cie first place, to the payment of such reasonaMe expences as shall have beeit incurred in relation to such monition and sequestration, and in the next place towards the augmentation or improvement of any such parsonage, vicarage, donative, or perpe tual curacy, or the house of residence thereof, or any of the buildings. and appurtenances thereof, or towards the improvement of any of the glebe or de mc..s:•.^ lands thereof; or may order and dire& the same, or any portion thereof, to be paid to the go vernors of the bounty of Queen Anac for the aug mentation of the maintenance of the poor clergy, to be applied for the purpose of such augmentation as such bishop shall ia his discretion under all the circumstances think fit and expedient ; and it shall also be lawful for any such bishop to remit any such spiritual person any part or proportion of such se questered profits, or cause the same or any part thereof that shall have been paid or direaFted to be paid to such governors of Queen Anne's bounty to he repaid to such spiritual person, which repayment ' the said gov,i-nrs are hereby authorized and re quired upon an order under the hand of any such bishop to make out of any money then in_ their hands, or if no money . shall then be in their hands, out of the next money that shall come to their hands, in any case in which by reason of the subsequent obedience of any such spiritual person to any cacti monition, or the stating and proving such sufficient reasons as aforesaid, such bishop shall thial; the same proper: provided always, that when any such spiritual person shall think himself ag grieved by reason of asy such sequestration, it shall be lawful for any such spiritual person within days after the making any order for any such se questration as aforesaid, and upon notice thereof, the bishop to appeal to the archbishop of the pro vince to which such W.,liop shall belong, who shall forthwith either by himself, or some commissioner or commissioners appointed from among the bishops or archdeacons of his province for that purpose un der his hand and seal, make or ,Onse to be made due enquiry into the same, and make such order therein or relating thereto, or to the-profits that shall be so sequestered as aforesaid, for the return to such spiritual person of the same or any part thereof, or otherwise, as shall under all the circumstances of the case appear to such archbishop or his commis sioner or commissioners to be just and proper : provided always that the party so appealing shall give security to the bishop for the payment of such reasonable expences occasioned by the appeal as the archbishop or his commissioner or commissioners shall award : provided also, that no such order for any sequestration shall be put in force during such appeal as aforesaid, and until the same is de termined. Provided also, and be it further ena&ed, that every spiritual person to whom any such monition or order in writing shall be sent as aforesaid under this aft, who shall be at the time of the issuing thereof absent from residence in his parsonage, vi carage, donative, or perpetual Curacy, contrary to the provisions of the said first re. ited aft and this aft, but who shall in obedience to such monition or order forthwith return to due residence, and the pro fits of whor;e parsonage, vicarage . , donative, cr per petual curacy, shall by reason of such return not be sequestered, shall nevertheless pity all costs, charges, and expenses incurred by reason of the issuing and serving such monition or order ; to be levied as any cost may be levied on.any spiritual person by any archbishop or bishop under any of the provisions of this ad. And be it further enafted, that if any clerk shall continue under Such sesluestration for nonresidence for the space of three years, the parsonage, vicarage, donative, or perpetual cure, in relation where - .. the said nonresidence snail have been committed, shall become ZINO faSo void ; and the patron shall present or nominate another clerk thereto, as if the same had been avoided by the natural death or resigna tion of the party. Provided always, and he it further enaeled, that where any action, suit, bill, Plaint, or information shall have been commenced or brought against any 'spiritual person to whom any monition shall be sent as aforesaid before the issuing thereof, for any pe nalty or forfeiture incurred by reason of the non-re sidence of any such spiritual person before the issu ing of such monition,tlien and in such case the bishop sending such monition as aforesaid, shall upon notice of such anion or suit, cause to be retained the profits or so much of the profits of the parsonage, vicarage, donative, or perpetual curacy, in resped whereof such action or suit shall be brought and monition isiaed as aforesaid, and which rimy under this at be sequestered as aforesaid, ac twill be sufficient to sa tisfy any penalty or _penalties for which any such action or' suit shall be brought, together with such costs as the plaintiff or plaintiffs therein may be entitled to, if any ; and shall if a verdid U be given for the plaintiff or plantiffs in such action, and final judgment obtained therein, after dedading all the charges which sh., l have been occasionedhy the said sequestration to the bishop or any person or persons who shall have laded therein under his authority, pay or cause to be paid to such plaintiff or plaintiffs, the sum or sums of money ttiat shall be recovered in any such action or snit to the plaintiff or plaintiffs therein : provided always, that if' at the time of ;,:•tg any such moni tion as aforesaid, no action for any such penalty or forfeiture shall have been already commenced against any such spiritual person, then and in such case no such :Rion, suit, bill, plaint or information shall be afterwards brought for any penalty or for feiture incurred by reason of any non-residence of such spiritual person before the issuing of such mo nition, or during any proceedings that may be had under such monition ; and if any such action or suit shall be so commenced, the defendant therein may lead in bar thereof, that such a monition as afor,:. • . :- M....._.--....-ra.••1111 Y. l . 7 **. " • said has issued in respel of the •sarne parsonaj-, vicarage, donative,•or perpetual curacy. And be it further enadaa, that frinrs and after the no oath shall be required of or taken by any vicar, in relation to residence on his vicarage, any law, custom, constitution, or usage, to the con trary thereof notwithstanding. And be it further enacted, That from and after the all and every the clauses, provisiou:, penalties, and forfeitures, in the said first recited at and this at contained, in relation to ~..sidence on benefices, or to any other matters and things re lating thereto, shall extend and be deemed and con strued to extend to all parsonages with cure, vicar ages, donatives, perpetual curacies, and all pani cilia] chapelries, exempt as well as not exempt, and i all peculiars, as fully and amply to all intents and purposes as if the same had been and were in the said first-recited ad or were in this aft particularly mentioned and specified ; any thing in any .it or aac, law or laws, to the contrary thereof notwith standing. And be it further enacted, that every archbishop, bishop, and archdeacim, within the limits of whose province, diocese, or jurisdidion respeaively any such parsonage with cure, vicarage, donative, perpe tual curacy, or parochial chapelry, exempt as well as not exempt, or pecttLiAr, shall be locally situate, or where any _such parsonage, vicarage, donative, perpetual curacy, or parochial chapelry, exempt as well as not exempt, or peculiar, shall be within the limits of more than one province, diocese, or juris diftion aforesaid, or shall be situate between any two or more provinces, dioceses, or jurisdiftions, then the archbishop or bishop to whose province or diocese the parish church, such parsonage, vicarage, donative, perpetual curacy, or parochial chapelry, exempt as well as not exempt, .or peculiar, shall bi ne:west in local situation, shall have, use, and exer cise all the powers, authorities, and jurisdidions, necessary fur the full execution of all the provisions of this ad, and for enforcing the same, as fully and amply in every resped as if such parsonages, vica rages, dunatives, perpetual curacies, or parochial tpclries, exempt as well as not exempt, or pecu 11.1r, were Lona fete subjed in every resped to such jurisdiftion, and as if the same had been and were specified in aft the clauses of this a& ; any thing in any aft or ads law or laws, usage or usages, to the contrary thereof notwithstanding : Provided that the peculiars belonging to any archbishopric or bishopric, though locally situated in another dio cese, shall continue subjed to the archbishop or bishop to whom they belong, as well for the purposes of this ad at for all other purposes of ecclesiastical jurisdidion in the law whatsoever. Provided always, and, be it further enacted, that nothing in - thit at contained shall extend or be con strued to extend to alter or ailed his Majesty's royal prerogative is the g, awing of dispensations for non residence upon benefices, as the same now exists by a•alco bp atiEtion. /OOP • By Mr. KING, "' • • •• • At his Great Room, in King-street, c.orent-garden, on TUES.. DAY next, and Three following D tys, at Twel;.: o'Clock, A Good COLLECTION of BOOKS, chiefly 11. in the English and French Languages. Among them art: Hollingsh&td's- Chronicle, 2 vols. beg edit ; Biblia Poly - gloat, 8 tom t Stuart's Athens, 2 vols. ; H•arrte. and Byrnes A utitpities, 13 Numbers, fine ; Le Brituk Garery, la Morocco; Plates to Cook's first and second Voyage, fine Impressions; Bo lingbroke, 5 vols. 4to. ; Gibbon's Rome, 4 vols. 4t0.; Bruce's Travels, 5 vols. 4t.r ; Saunderson's Algebra, 2 vols. ; Wood on Homer; Monthly Review, 185 vols.; Rapin's England, 21. vols. best edit.; Annual Register, 22 vols.; a few fine Prints, by Bartolozzi ; some Musie, May be viewed on Saturday next till the Sale, and Car•- log aes then had at the Room. I.NGLISII AND FOREIGN. PORTRAITS, TOPOGRA PHY,. &c. By Mr. kING, At his Great Reom, No King-street; Covent-ganinn, by Order of the Esecotori, on MONDAY, the 25tIt Instant, and Eleven fo!lowinz Days, at Twelve o'clock, T IE valyable and extensive COLLECTION of T ENGLISH A 'FOREIGN PORTRAITS, F.NGLISII TOPUGBAPIIY, &re. The Property of Mr ROBERT GRAVE, Of Catherine-street, lately deceased. May be viewed ,the Fr.diy prezeding, and Cat dogue, price 14. then had at the . ROOlll. N. B. The Foreign Portraits appertaining to the English Series, together with the very numerous asseinblage of antielit and modern Masters, comprising the choicest Impressions o: the Work: of H Mar, Rembratidt, Alb. Doter, Goit gios Sann.ttnt, Snyderliock i , a:c. will ba sold early in the en suing s era on. SHELLS, CORALS, MINERALS, &c. By Mr. KING, At lib; Cee..t Itnum, No. :_tB, King-street. Covent-Garden, by • Or,ler of the Executrix, on WEDNESDAY, May I lilt, and `Ate f Mowing Day4,.at Twelve o'Clock, rrtilE extensive and valuable ASSEMBLAGE of SHELLS, together with the Collection of STUFFED BIRDS, MINERALS, and other Subjects of Natural History; the Property of Dr..G.torgw Fordyce, of Esdex-street, in tits Strand, lately dt;ciats,..4. May be • viewed Oa Monday preceding, and Catalogues, .price H. thon had a! the Room. ORIGINAL DR %WINGS, SCARCE PRINTS, and BOOKS. . Hy Mr. STEWART, At hit Anetiln Roolit, (opposite York-noise) PireAdiily, on WEDNESDAY, April 27, and T.vo fisllotriog Days, at I'welre °rock, - AFINE COLLECTION of DRAWINGS; amongst which are, the o..i , rinal Drawings from which were engraved tlw Kate: of the Costumes:of Tur4.ey , and va rious other:, by the Fi:st Masters ; some beautiful swarce Pei ;IN, aol Portosit4, fine im;irciaines by Faithorne, Floßsr, Ede lincic, Htrtolozzi, Cc. to which aro added a entail Collection of excellent it sok:, many of which ale ram and curious. The whole the Property Of A GENTLEMAN, going A t 'woad. To be viewed Two Days previoui to the Sale, when Cot • logues nosy be had, at Garraway's Cofree-Housa, and in P..: caddly. • Ry LEIGH, SOTHEBY, and SON, • At. their Home, .in York -street, Caveat garden,. On MOND.\ Y . next, aad Saven fit:lowing Days,, at Twelve o'clock, • THE ver;- curious and valuable LIBRARY of of the late Mr. ROBERT GRAVE, Printseller, Of Gather ine.ttreet, • Strand. Consisting of n very uncommon C..llection of historical Rooks and 'Craws, Imo.) , of which have Portraits of the An - thoes. Particularly at the Tune of the Rebellion, 164 . 5, Ue• Usurpation, Retturatiaa, and Abdication; one Lot of 3;eauts, contains near three Thousand iLfferetit Pamphlets, exclui•ave of many otheis ( oath curious Plates), not in the above article, all • relative to thote eventful Periods; also some Original' State Papers and - Deeds, with Autographs of many eminent elta rimers. To be viewed, and Catalogues had (pricy Cal.) at the place of Sale. LC041(1011 : Prillted bb J “two, Nu. lb. C:owntuoint Fleet-street and published there by W. 1. CLINIENT, of Nu. !DI, Str intl. A ilvertisenients and I.e.tters ( post paid) must be inldressed :o the Office, No. LI, Salisbury-square. ~~~ :~...,.