Board of first $. 2. tenths, shall not duly tender the same before the last of April, on certificate thereof by the collector, the process of the exchequer shall issue against such archbishop, &c. 2Geo.l.c.15.Ir. The 2 Geo. 1. c. 15. Ir. recites the letters patent of queen Anne, dated 7th February in the 10th year of her reign, fruits in Ireland, granting to trustees therein named the first fruits of ecclesiastical benefices; as also other letters patent of the same date, releasing to the clergy of Ireland and their successors the twentieth parts; and this act confirms the said exemption to the clergy from payment of the twentieth parts and the other clauses and matters contained in said letters patent, and declares that the said trustees and their successors shall receive the first fruits, subject to the uses expressed and limited in said letters patent, discharged of all right of the crown. But by s. 2. any 7 or more of the trustees, (of whom the lord chancellor, lord keeper or first commissioner of the great seal, and 1 archbishop and 2 bishops shall always be 4) are authorized to act in the said trust, though by the letters patent 9 10 Geo. 1. c. 7 were required. And by the 10 Geo. I. c. 7. s. 3. Ir. in the absence of the chancellor, lord keeper, or first commissioner of the great seal, any chief judge of K.B. C. B. or. Exch. and in the absence of the chicf judges the prime, serjeant, attorney-general, or solicitor-general, may be of 2 Geo. 1. c. 15. the quorum. By the 2 Geo. 1. c. 15. s. 3. Ir. all bishops, dignitaries, and other clergy shall have 4 years allowed them Time allowed for the payment of first fruits, giving writings obligatory. for payment of the same in 2 years as was before usual, which 4 years are to commence, for archbishops and bishops from the restitution of their temporalties, and for all other ecclesiastical persons from the date of their titles to their benefices; in each of which 4 years the fourth part of the whole sum for first fruits shall be paid; and in case of death or removal before the expiration of the 4 years, the heirs, executors, or administrators of such archbishop, &c. shall be discharged of so much as did not become due at the time of such death or removal. 1Geo. 1. e. 7. By the 10 Geo. 1. c. 7. s. 2. Ir. the trustees are incorpoTrustees incor- rated, by the name of "The Trustees and Commisporated. sioners of the first fruits payable out of the ecclesiastical benefices." The 29 Geo. 2. c. 18. Ir. recites that the. s. 3. Ir. s. 3. Ir. for payment of first fruits. s. 2. Ir. 29 Geo. 2. c. 18. Ir. trustees trustees were empowered to purchase glebes and im- Their power and propriations for the augmentation of the maintenance duty. Boulter's will. of the poor clergy, whose benefices did not afford a competent support to the minister having the cure of souls, and further recites that the revenue arising from first fruits was computed to amount to the sum of £300. a year or under, and that as proper and convenient purchases of glebes and impropriations could seldom be found where they are most wanting, to make therefore this small revenue productive while unemployed, this statute empowers any 7 or more of the trustees to lay out at interest, all or any part of the said produce of said revenue, as shall from time to time remain unemployed, in government securities in Great Britain or Ireland, or in mortgages of lands, &c. in Ireland, as shall be directed by the said trustees or the quorum of them, and to change such securities from time to time, and to call in or transfer the same if wanted to purchase glebes or impropriations. And this act also contains provisions for carrying into effect, the bountiful disposition made by archbishop Archbishop Boulter's will, by which a property amounting to £30,000. or upwards was bequeathed for augmentation of the poor livings in Ireland: and this act contains (s. 6.) clauses similar to those of the 1 Gea.1. st. 2. c.10. Eng. ante page 169, requiring the several archbishops and bishops to inform themselves of the clear improved yearly value of every benefice with cure of souls, or curacy appropriate or impropriate, which shall be commonly reputed to be under £60. by the year, and to certify the same to the trustees of first fruits; and also provides (s. 7.) for paying annual salaries to the incumbent of such benefices, or such parsons, vicars, curates, or ministers, as that the value certified, with the augmentation, shall not exceed 260. a year, till convenient purchases of giebes or tithes or both shall be made for the purpose of such augmentation. And for the better enforcing the payment of first fruits, the 29 Geo. 3. c. 26. Ir. enacts that any person 29Geo. 3. c.26. promoted to any benefice or ecclesiastical preferment chargeable with the payment of first fruits, shall previous first fruits office to his institution or collation deliver to the person from to be produced of Ir. 8. 6. s. 7. Constat from bord being whom passed whom he shall receive such institution, &c. a constat from and signed by the clerk of the first fruits in the exchequer, certifying that upon search made in the first fruits office, it appeareth that such person hath by himself or some other surety or co-obligor compounded for and executed bonds in the usual manner for the payment of the first fruits, which constat shall also specify the princípal sum secured by such bonds respectively; for which constat the clerk shall receive 6d. above the other usual fées; and if no such constat shall be produced, the ordinary or other person giving such institution, &c. shall previous to such institution, &c. take the bond of the person applying for institution, &c. payable to the archbishop or bishop' and his successors of the diocese in which such benefice, &c. lies, in the penalty of £30. conditioned that the obligor, his heirs, executors, or administrators shall, before he receives induction or the actual possession of such benefice, &c. compound with the clerk of the first fruits, by entering into the usual bonds and pay to such clerk the sums which shall be due on such bonds: but if such constat shall be produced previous to institution, &c. then the person who is to give the same shall previous thereto take a bond to the archbishop, &c. from the person so to be instituted, &c. conditioned for the payment to the clerk of the first fruits, of such sum as shall be due on such compositionbond or bonds. And by s. 2. every such bond may be put in suit in the name of the successors of such archbishop, &c. and the archbishops, &c. when they make returns of promotions in the respective dioceses, are required to specify the several bonds so taken by them, and to transmit such bonds to the clerk of the first fruits," who ma accordingly put the same in suit at the expense of the trustees and commissioners of first fruits, and for their benefit, in the name of the archbishops, &c. and their successors. By s. 5. all archbishops and bishops are reReturn of deans quired, whether writs be served on them or not, on the 1st day of Michaelmas Term and Easter Term in every year, or in 31 days after at the farthest, to make returns to the clerk of the first fruits, of all how many and what 8. 2. Bond put in suit s. 5. &c. admitted, &c. and of number of bonds passed. deans s. 3. deans, archdeacons, provosts, prebendaries, rectors, and vicars, or others, have been admitted, instituted, collated, or inducted to dignities, benefices, offices, or promotions spiritual, and by what names and surnames they were so admitted, &c. together with the day and year of the institution or collation of each of them, and in what county, or counties within their dioceses or jurisdictions such deaneries, &c. are situate, to the dates of such returns; and they are also required to make returns of such bonds by them taken as aforesaid, and to transmit to the dates of such returns, all such bonds to the clerk, &c. This act also provides (s. 3.) that any sheriff or sub-sheriff who shall neglect or refuse to make due return into the first Penalty for not fruits office, of every process or execution which shall making returns. have been issued and delivered, within 21 days after the return day thereof, or who shall withhold or neglect or refuse to pay over to the clerk, &c. any money levied by such sheriff under such process, &c. for the space of one calendar month after the return day, shall be ordered by riff's not paying the court of exchequer, unless reasonable cause be shewn to the contrary, to pay over to such clerk, &c. the full amount of the money mentioned in the process or schedule thereto, together with £10. per cent. interest, and treble costs out of pocket; and by s. 4. a quietus obtained out of said court, shall be no bar to the clerk, &c. suing such sheriff in such court, unless a constat shall be produced to the court from said clerk, of no charge in his office against such sheriff. But this act is declared Penalty for she over money le vied. S. 4. s. 6. First fruits ap glebe-houses. (s. 6.) not to extend to impeach, &c. any former ways or ineans by law established, for recovering and enforcing the due composition and payment of first fruits. I shall plicable to buildclose this subject by observing that the building of ing churches and churches and glebe-houses are also objects to which the funds in the hands of the board of first fruits have been made applicable by several statutes, and that considerable grants have been from time to time made to the trustees of first fruits by the parliament of Ireland for those purposes; and the sum of £50,000. has been also granted by Grant of the imperial parliament, the application of which is di- 43Geo.3.c.158. rected and regulated by the 43 Geo. 3. c. 158. I. 47 Geo. 3. st. 2. c. 23. I. and 48 Geo. 3. c. 65. I. £50,000.. I. 47 Geo. 3. st.2. c. 23. L. 48 Geo. 3.c.65. Another 1. § 3. sulions. III. Another branch of revenue of an ecclesiastical kind Fees upon facul seems to be the fees upon faculties and dispensations in ties and dispenpursuance of the 25 Hen. 8. c. 21. Eng. and 28 Hen. 8. 25 Hen. 8. c. 21. C. 19. Ir. which statutes distribute these ancient fees or 28 Hen. 8. c. 19. taxes between the king, the chancellor and clerk of the chancery, and the archbishop and his commissary clerk and register. $ 4. Rents and profits of demesne lands of the crown, 1 Ann. st. I. c. 7. s. 5. Eng. term, IV. With respect to the revenue arising from the rents and profits of the demesne lands of the crown, the 1 Ann, st. 1. c. 7. s. 5. Eng. enacted, for the preserving of those revenues, that every lease or other assurance which shall be made under the great seal, exchequer-seal, seal of the duchy of Lancaster, or by copy of court roll, of any manors, lands, &c. (advowsons of churches and vicarages only excepted) within England, &c. belonging to the crown, to any person or body corporate shall be void, Leases, for what unless made for some term or estate not exceeding 31 years or 3 lives, or for some term of years determinable upon 1, 2, or 3 lives, and unless such grant, &c. shall be made to commence from the date or making thereof; and if such grant, &c. be made to take effect in reversion, then the same with the estate in possession shall not exceed 3 lives or 31 years in the whole; and the tenant shall thereby be liable to punishment for waste; and upon every such grant, &c. the ancient or most usual rent or more shall be reserved, which hath been reserved or yielded for the said manors, &c. for the greater part of 20 years before the making thereof; or where there had been no such rent reserved, then a reasonable rent not being under the 3d part of the clear yearly value thereof; and such rent shall be reserved to the crown for the whole term so granted thereof: but by s. 6. where the greatest part of the yearly value of any tenements or hereditaWhat leases of ments belonging to the crown, shall at the time of making any grant, &c. consist of buildings which may want to be repaired or re-edified, in such case the crown was impowered to demise the same for any term not exceeding 50 years or 3 lives; but such grant, &c. to be in other respects (except as to the term) as provided by the former At what rent. $. 6. buildings. 34 Geo.3. c.75, section. And the 34 Geo. 3. c. 75. s. 3. Eng. empowered the crown, under the direction of the lord high 8. 3. Eng. treasurer |