FREE BOOKS

Author's List




PREV.   NEXT  
|<   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259  
260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   >>   >|  
gence almost reduced to nothing: for, at present, as soon as the new bishop is consecrated and confirmed, he usually receives the restitution of his temporalties quite entire, and untouched, from the king; and then, and not sooner, he has a fee simple in his bishoprick, and may maintain an action for the same[f]. [Footnote f: Co. Litt. 67. 341.] II. THE king is entitled to a corody, as the law calls it, out of every bishoprick: that is, to send one of his chaplains to be maintained by the bishop, or to have a pension allowed him till the bishop promotes him to a benefice[g]. This is also in the nature of an acknowlegement to the king, as founder of the see; since he had formerly the same corody or pension from every abbey or priory of royal foundation. It is, I apprehend, now fallen into total disuse; though sir Matthew Hale says[h], that it is due of common right, and that no prescription will discharge it. [Footnote g: F.N.B. 230.] [Footnote h: Notes on F.N.B. above cited.] III. THE king also (as was formerly observed[i]) is entitled to all the tithes arising in extraparochial places[k]: though perhaps it may be doubted how far this article, as well as the last, can be properly reckoned a part of the king's own royal revenue; since a corody supports only his chaplains, and these extraparochial tithes are held under an implied trust, that the king will distribute them for the good of the clergy in general. [Footnote i: page 110.] [Footnote k: 2 Inst. 647.] IV. THE next branch consists in the first-fruits, and tenths, of all spiritual preferments in the kingdom; both of which I shall consider together. THESE were originally a part of the papal usurpations over the clergy of this kingdom; first introduced by Pandulph the pope's legate, during the reigns of king John and Henry the third, in the see of Norwich; and afterwards attempted to be made universal by the popes Clement V and John XXII, about the beginning of the fourteenth century. The first-fruits, _primitiae_, or _annates_, were the first year's whole profits of the spiritual preferment, according to a rate or _valor_ made under the direction of pope Innocent IV by Walter bishop of Norwich in 38 Hen. III, and afterwards advanced in value by commission from pope Nicholas the third, _A.D._ 1292, 20 Edw. I[l]; which valuation of pope Nicholas is still preserved in the exchequer[m]. The tenths, or _decimae_, were the tenth part of the annual pro
PREV.   NEXT  
|<   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259  
260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   >>   >|  



Top keywords:

Footnote

 

bishop

 
corody
 

Norwich

 

pension

 
Nicholas
 

spiritual

 
kingdom
 
tenths
 

clergy


fruits
 

extraparochial

 

tithes

 

entitled

 

bishoprick

 

chaplains

 

Pandulph

 

legate

 

introduced

 
originally

usurpations
 

reigns

 

attempted

 
present
 
consecrated
 

reduced

 

branch

 
consists
 

entire

 

temporalties


restitution
 

confirmed

 

receives

 
preferments
 

universal

 

commission

 

advanced

 

Walter

 

decimae

 
preserved

exchequer

 
valuation
 

Innocent

 
direction
 
beginning
 

fourteenth

 
century
 

Clement

 

annual

 
primitiae