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
|