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DEPRIVATION. The taking away from a clergyman his benefice or ecclesiastical preferment. This may be effected (1) by sentence declaratory in the proper court for fit and sufficient causes, such as conviction for treason or other infamous crimes; for smaller offences, such as drunkenness and dilapidations in aggravated cases (d); for heresy, infidelity, gross immorality and the like; for incorrigibleness and obstinate disobedience to the approved canons of the Church, as also to the ordinary (e); or for farming or trading contrary to law after two former convictions for the same offence (f); (2) by the benefice becoming ipso facto void without any formal sentence of deprivation on proof of want of orders, or the commission by the incumbent of the following offences :—Simony (q. v.), plurality (q. v.), maintaining any doctrines in derogation of the sovereign’s supremacy (g), or of the 39 Articles (q. v.), or of the Book of Common Prayer; for neglecting to duly read himself in, or for using any other form of prayer than the liturgy of the Church of England, or for continued neglect after order of the bishop, followed by sequestration to reside on the benefice (h).
Also on conviction for treason or felony, for which the convicted person shall be sentenced to death, or penal servitude, or any term of imprisonment with hard labour, or exceeding twelve months, unless he shall receive a free pardon from her Majesty within two months after such conviction, or before the filling up of the benefice (i). In some cases suspension (q. v.) may be substituted for deprivation.
The sentence of deprivation is usually pronounced by the judge of a Provincial Court. The ordinary sentence of deprivation extends to all ecclesiastical promotions within the jurisdiction held at the time that the sentence is pronounced, and all ecclesiastical emoluments thereto belonging (h).
(d) See Combe v. De la Bere (1881), 6 P. D. 165; Borough v. Collins (1890), 15 P. D. 81.
(e) Ayliffe, par. 208, cited 6 P. D. 163. (f) See CLERGY.
1 Eliz. c. 2; 13 Eliz. c. 12.
(h) See RESIDENCE, and 2 Ste. Com. 706. See Combe v. De la Bere, ubi sup. See CHURCH DISCIPLINE ACT.
(i) 33 & 34 Vict. c. 23, s. 2. As to the effect of the Queen's pardon, see Hay v. Justices, fc. (1890), 24 Q. B. D. 561.
The Queen has power to deprive, the supreme ecclesiastical power being in her. Also, wherever there is a visitatorial power there is a power of deprivation (i). Thus the Queen can deprive an archbishop; an archbishop, a bishop, and a bishop an incumbent, but not summarily (k).
DILAPIDATIONS. It is the duty of the incumbent of a benefice to keep the buildings free from dilapidations, and to leave them so on his death or resignation. He is bound to keep the parsonage house buildings and if a rector the chancel) in good and substantial repair, restoring and rebuilding when necessary, according to the original form, without addition or modern improvement; but he is not bound to supply or maintain anything in the nature of ornament, such as painting (unless that be necessary to preserve exposed timber from decay), and whitewashing, and papering (?). ' He is only bound to restore what is actually in decay, and need not leave the premises in a finished state of repair (m). Thus, neglect to cultivate the glebe land in a husbandlike manner (n), and digging gravel in the glebe (o), are not dilapidations for which the executors of a deceased incumbent may be sued, although it may be waste for which he could have been restrained or punished in his lifetime.
Before the passing of the Ecclesiastical Dilapidations Act, 1871, upon the avoidance of a benefice by death, resignation, or otherwise, it was the duty of the late incumbent to leave the buildings free from dilapidation. By the statute no new duty was imposed on him; his duty and liability remain as
(1) Martin V. Mackonochie (third suit) (1883), 8 P. D. 191.
(i) Ld. Raym. 541, cited 6 P. D. 167.
(k) See Combe v. De la Bere, ubi sup. ; CHURCH DISCIPLINE ACT; and 2 Ste. Com. 686.
(1) Wise v. Metcalfe (1829), 10 B. & C. 299; 5 M. & R. 235.
(m) Percival v. Cooke (1826), 2 Car. & P. 460.
(n) Bird v. Relfe (1833), 1 Nev. & M. 415 ; 4 B. & Ad. 826.
( Ross v. Adcock (1868), L. R. 3 C. P. 655.
before, but new machinery is provided for enforcing them (p). This Act is amended by the Dilapidations Act of 1872, and the two are to be read together. Within three months after the avoidance of a benefice, the bishop is to direct (1) the diocesan surveyor appointed under the Act (see ss. 8–11) to inspect and report to the bishop what sum is required to make good the dilapidations (s. 29). Objections may be taken to this report by the new incumbent or the late incumbent, his executors or administrators, but they must be transmitted to the bishop, in writing, within one month after receipt of a copy of the report by the objecting party. (ss. 32 and 33). The bishop is to make an order, specifying the repairs to be done and their cost (s. 34), which sum is to be a debt due from the late incumbent, his executors or administrators, to the new incumbent, and recoverable as such in law or equity (s. 36), and such debt is payable pari passu with other debts (r).
The money so received is to be paid to the Governors of Queen Anne's Bounty (s. 37) to the “ Dilapidations Account” of the particular living (s. 39), and the repairs are to be done by the new incumbent and paid for out of such fund so far as it will go; and if necessary the governors will advance any unpaid part of the dilapidation moneys, not exceeding in the whole three years' net income of the benefice, to the new incumbent upon the security of the possession of the benefice (s. 38) (s). The new incumbent must execute the repairs within eighteen months after date of the order unless he decides to rebuild the premises (s. 42). When the repairs are finished the surveyor gives a certificate of completion (s. 46); and the new incumbent, his representatives and successors, will not be liable to any claim for dilapidations for five years from the date of the certificate, except for wilful waste or neglect to insure against fire in at least three-fifths of the value (s. 47). An inspection and report may be ordered by the bishop at the request of the archdeacon, rural dean, patron or incumbent, at other times than when a benefice is vacant (s. 12), and the proceedings are conducted in a similar way, and the money required for the repairs raised by sequestration if necessary (s. 23.)
(p) Per Brett, L. J., in Wright v. Davies (1876), 1 C. P. D. 647.
(2) The direction may be given after the three months are up: Gleaves v. Marner (1876), 1 Ex. D. 107; and Caldow v. Pixeli (1877), 2 C. P. D.
(r) Re Monk (1887), 35 Ch. D. 583. . As to set-off against a retiring pension, see RESIGNATION.
(s) See also as to these loans under INCUMBENT.
Where a benefice is under sequestration, the sequestrator may object to the report as well as the incumbent (s. 16). After the report becomes final he may not expend on repairs more than the sum mentioned therein (t). Where the complaint is made by the archdeacon, rural dean, or patron, if the incumbent shall within twenty-one days after notice inform the bishop, in writing, that he intends forthwith to put his buildings in proper repair, the bishop shall allow the incumbent a reasonable time to execute such repairs, and if satisfied shall abstain from further proceedings; but the bishop may at any time afterwards, if necessary, direct the surveyor to report and put in force the powers of the Act (s. 22).
Dilapidations on episcopal estates are now dealt with by the Ecclesiastical Commissioners, except in the case of a house of residence (u). Under the Act of 1871 any archbishop, bishop, dean, or canon, who is bound by law or custom to keep in repair a house of residence or other building, may employ any surveyor approved by the Ecclesiastical Commissioners to inspect such building (s. 25) and to report what works are needed, and within what time they ought to be executed (s. 26). When the works are executed the surveyor is to file a certificate in the diocesan registry (8. 27), and for a period of five years from such filing the archbishops, &c., are protected from further liability, except for wilful waste and neglect to insure against fire (s. 28). The fees under these Acts are regulated by a uniform table for the whole of England and Wales under sect. 3 of the Act of 1872 (x).
(t) Kimber v. Paravicini (1885), 15 Q. B. D. 222.
(u) 29 & 30 Vict. c. 111, ss. 12, 13. (xi See The Diocesan Calendars.
An exchange of livings without any payment for dilapidations on either side is not necessary simoniacal, and to upset an agreement of that kind fraud must be shown (y). All money received for dilapidations and not laid out in repairs, may be applied towards building a new house of residence or in making some additional improvements to be approved by the bishop, or if this is not necessary, may be laid out in Government or other good securities and the interest paid to the incumbent (s).
DIMISSORY LETTERS. Where a candidate for holy orders has a title (2.v.) in one diocese and is to be ordained in another, the proper diocesan sends his letters dimissory to some other bishop giving leave that the bearer may be ordained, and have such a cure within his district (a).
DISPENSATION or license (q. v.) is a permission to do something otherwise unlawful. Thus, the Archbishop of Canterbury, the Bishops, and the Registrars of Marriages have power to grant licenses (q. v.) to marry without the preliminaries otherwise needful. All the dispensing power formerly exercised by the Pope of Rome was vested in the Crown by a statute of Henry VIII., and a portion of it concurrently in the Archbishop of Canterbury, unless it offended the laws of God (6); but these powers of the Archbishop's have been cut down by subsequent statutes (c). The powers possessed by archbishops and bishops before the statute of Henry were reserved to them, and are supposed to apply chiefly to canonical defects and irregularities (c). The present Bishop of London sometimes grants dispensations from vows.
DISSENTERS were formerly subject to many disabilities, but it cannot be said that they suffer any great hardships now, except in the matter of tithes and divinity degrees.
(y) Wright v. Davies, ubi sup.
(3) 1 & 2 Vict. c. 106, s. 69. And see RESIDENCE.
(a) Cowel, cit. Wharton, L. L. ) 25 Hen. 8, c. 21, ss. 3 and 5. (c) See ARCHBISHOP.