wed only mild forbearance
and complacent endurance of all tolerable evil.
Another serious matter was dealt with in the same moderate temper. The
Mortmain Act had prohibited the church corporations from further absorbing
the lands; but the Mortmain Act was evaded in detail, the clergy using
their influence to induce persons on their deathbeds to leave estates to
provide a priest for ever "to sing for their souls." The arrangement was
convenient possibly for both parties, or if not for both, certainly for
one; but to tie up lands for ever for a special service was not to the
advantage of the country; and it was held unjust to allow a man a perpetual
power over the disposition of property to atone for the iniquities of his
life. But the privilege was not abolished altogether; it was submitted only
to reasonable limitation. Men might still burden their lands to find a
priest for twenty years. After twenty years the lands were to relapse for
the service of the living, and sinners were expected in equity to bear the
consequence in their own persons of such offences as remained after that
time unexpiated.[348]
Thus, in two sessions, the most flagrant of the abuses first complained of
were in a fair way of being remedied. The exorbitant charges for
mortuaries, probate duties, legacy duties, the illegal exactions for the
sacraments, the worst injustices of the ecclesiastical courts, the
non-residence, pluralities, neglect of cures, the secular occupations and
extravagant privileges of the clergy, were either terminated or brought
within bounds. There remained yet to be disposed of the legislative power
of the convocation and the tyrannical prosecutions for heresy. The last of
these was not yet ripe for settlement; the former was under reconsideration
by the convocation itself, which at length was arriving at a truer
conception of its position; and this question was not therefore to be dealt
with by the legislature.
One more important measure, however, was passed by parliament before it
separated, and it is noticeable as the first step which was taken in the
momentous direction of a breach with the See of Rome. A practice had
existed for some hundreds of years in all the churches of Europe, that
bishops and archbishops, on presentation to their sees, should transmit to
the pope, on receiving their bulls of investment, one year's income from
their new preferments. It was called the payment of annates, or
firstfruits, and had
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