Sect. 2. Sect. 9, 10. 17 Geo. 3. c. 71. 1777. Rugby School. Ante. 328. Downing College. of 51. 5s. or more, and all persons who should be appointed by any general court, to be governors; and the president, vice-president, treasurer, and governors, to be one body corporate and politic in deed and in law, by the name of "the president, vice-president, treasurer, and governor of the Magdalen hospital, for the reception of penitent prostitutes," to sue and be sued, to have, hold, &c. in trust, for the benefit of the said hospital, all such sums of money as had been, or should at any time be paid, given, devised, or bequeathed, and without license in mortmain, to purchase, take, or receive any lands, tenements, or hereditaments, or any estate or interest arising or derived out of any lands, tenements, or hereditaments, for the purposes aforesaid. It is also provided, that the secretary, chaplain, physician, surgeon, or apothecary, or any inferior officer of the corporation, shall not, during his continuance in office, act as governor at any court or committee; and that no patient or servant shall acquire any parochial settlement by admission or residence there. All right of common was then extinguished, and full power given for all such exchanges of lands, as should be necessary for the benefit of the hospital. An act for enabling the feoffees and trustees of an estate in Middlesex, given by Lawrence Sheriff, Esq. for the founding and maintaining a school and almshouses at Rugby, in Warwickshire, to sell part of their estate, or to grant leases of the whole or any part of it, to purchase in mortmain, not exceeding 1001. per annum. Downing college, established by his majesty's charter, dated 22d of Sept. 1800, for the erection of which a piece of land, called Doll's Close, was purchased and conveyed to trustees, but in the following year it appeared that that it would be preferable to erect the college on a different spot; and upon application to parliament, an act was passed, enabling them to purchase a new scite of ground, under the direction of the court of Chancery, 41 Geo. 3. and then to dispose of Doll's Close, and for these pur- See Ante. 204. poses to raise money on mortgage. ch. cxl. Sec. 7. 212. Middleton A bequest to a society for increasing clergymen's 3 Vez.jun. 734. livings in England and Wales was held to have been in- Clitherow,1798. tended only for Queen Ann's bounty, as that society answers this description; and as all their funds are laid out in land, the bequest was void by the statute of mortmain. 181. Bounty. By 43 Geo. III. c. 107. after reciting the act of Queen Ante. 75. 78. Ann for the augmentation of the maintenance of poor Queen Ann's clergy, enabling the governors of Queen Ann's bounty to take gifts by deed inrolled in the manner prescribed by the statute of 27 Hen. VIII.; and that the operation of this act was considerably obstructed by the statute of 9 Geo. II. c. 36. enacted, that so much of the act of Queen Ann as is therein-mentioned, should remain in full force, notwithstanding the said statute of Geo. II. It also extended the power of 1 Geo. I. for the exchange of lands and messuages to those belonging to augmented livings; and in order to promote residence, the governors were empowered to lay out money in these lands in building, rebuilding, or purchasing convenient and suitable residence for the minister, and for vesting it for ever to that use. And by the act of 43 Geo. III. c. 108. which immediately followed, all persons having any estate, real or personal, by deed inrolled in England, according to 27 Henry VIII. and in Ireland by 10 Car. I. or by will, duly executed, three calendar months before the donor's decease, were authorised to vest the same, not exceeding five acres, or of personal estate, Dyer, 9. estate, not exceeding 500l. towards erecting, rebuilding, repairing, purchasing, or providing any church or chapel where the liturgy and rites of the united church shall be observed, or any mansion-house for the residence of any minister of the said united church, officiating or to officiate in any such church or chapel, or of any out-buildings, offices, churchyards, or glebe, and to be applied according to the will of the benefactor with the approbation of the ordinary; and in default of such direction, in such manner as the patron and ordinary shall direct with consent of the incumbent; with full capacity to purchase and take, as well from the donors as from the venders, any lands or goods, without any license or writ of ad F. N. B. 222. quod damnum, the statute of mortmain, or any other statute or law notwithstanding; but this is not to extend to enable any minors, insane, or femes covert, without their husbands, to make any such alienations. 356. 45 G. 3. c. 84, That no more than one such gift shall be made by any one such person; and if they exceed the above value they shall be valid only for so much; and the lord-chancellor may, on petition, reduce the gift and allot the land. No glebe, containing upwards of 50 acres, shall be augmented with more than one acre, and any excess shall be reduced in like manner. Power is also given to grant or exchange, and hold any lot of land not exceeding one acre, lying contiguous and convenient, to be annexed to any church, chapel, or house of residence. And in 1805, by a subsequent statute, the bishops are directed to enquire and certify to the society the value of benefices, and return the result of their investigation into the exchequer; and the society are empowered to act as they were before enabled respecting livings not returned into the exchequer; but this is not to alter or affect such certificates, certificates as were so returned, for ascertaining what livings were to be discharged from first fruits and tenths, so far as they relate to first fruits and tenths. And in order to facilitate the intentions of all persons who might be disposed to contribute to the augmentation of such livings as are within the object of the bounty, this act empowers all persons having in their own right any money or personal estate whatsoever, at their will or pleasure to give or vest the same in the society, to be by them disposed of according to law, without any deed, either inrolled or not inrolled, as they could have done by deed inrolled or otherwise before this act; but this statute does not extend to alter or affect the law in force respecting the gift or conveyance of lands by any deed, or the disposition thereof, or of any personal property by will. The society has been noticed, and its interests regarded by several subsequent statutes not immediately relevant to the object of this work. CHAP. CHAP. III. OF ADVOWSONS. 9 Geo. 2. c. 36. Sect. 5. 2B). Com. 21. 1 Inst. 119. Gibs. 756. 3 Smith's W. Na. 160. No College which doth or shall hold so many Advowsons, &c.] Advowson is an incorporeal hereditament, and consists of the right of presentation to a church or ecclesiastical benefice: and he who has this right is the patron. For when lords of manors first built churches on their own demesnes, and appointed the tithes of those manors to be paid to the officiating ministers, which be fore were given to the clergy in common (from whence arose the division of parishes) the lord who thus built a church, and endowed it with glebe or land, had of common right a power annexed of nominating such minister as he pleased, provided he were canonically qualified to officiate in that church of which he was the founder, endower, maintainer, or in one word, the patron. The present universities of Europe were originally, the greater part of them, ecclesiastical corporations, instituted for the education of churchmen; they were founded by the authority of the Pope, and were so immediately under his protection, that their members, whether masters or students, had all of them what was then called the benefit of clergy, that is, were exempted from the civil jurisdiction of the countries in which their respective universities were situated, and were amenable only to the ecclesiastical tribunal. Edw. I. the English 4 Bl. Com. 426. Justinian, according to Sir Matthew Hale, made effectual provision for the recovery of advowsons and presentations to |