Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
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 profit of each living by the same valuation; which was also
claimed by the holy see, under no better pretence than a strange
misapplication of that precept of the Levitical law, which directs[n],
"that the Levites should offer the tenth part of their tithe as a
heave-offering to the Lord, and give it to Aaron the _high_ priest."
But this claim of the pope met with vigorous resistance from the
English parliament; and a variety of acts were passed to prevent and
restrain it, particularly the statute 6 Hen. IV. c. 1. which calls it
a horrible mischief and damnable custom. But the popish clergy,
blindly devoted to the will of a foreign master, still kept it on
foot; sometimes more secretly, sometimes more openly and avowedly: so
that, in the reign of Henry VIII, it was computed, that in the compass
of fifty years 800000 ducats had been sent to Rome for first-fruits
only. And, as the clergy expressed this willingness to contribute so
much of their income to the head of the church, it was thought proper
(when in the same reign the papal power was abolished, and the king
was declared the head of the church of England) to annex this revenue
to the crown; which was done by statute 26 Hen. VIII. c. 3. (confirmed
by statute 1 Eliz. c. 4.) and a new _valor beneficiorum_ was then
made, by which the clergy are at present rated.
[Footnote l: F.N.B. 176.]
[Footnote m: 3 Inst. 154.]
[Footnote n: Numb. 18. 26.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account