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
BY these lastmentioned statutes all vicarages under ten pounds a year,
and all rectories under ten marks, are discharged from the payment of
first-fruits: and if, in such livings as continue chargeable with this
payment, the incumbent lives but half a year, he shall pay only one
quarter of his first-fruits; if but one whole year, then half of them;
if a year and half, three quarters; and if two years, then the whole;
and not otherwise. Likewise by the statute 27 Hen. VIII. c. 8. no
tenths are to be paid for the first year, for then the first-fruits
are due: and by other statutes of queen Anne, in the fifth and sixth
years of her reign, if a benefice be under fifty pounds _per annum_
clear yearly value, it shall be discharged of the payment of
first-fruits and tenths.
THUS the richer clergy, being, by the criminal bigotry of their popish
predecessors, subjected at first to a foreign exaction, were
afterwards, when that yoke was shaken off, liable to a like
misapplication of their revenues, through the rapacious disposition of
the then reigning monarch: till at length the piety of queen Anne
restored to the church what had been thus indirectly taken from it.
This she did, not by remitting the tenths and first-fruits entirely;
but, in a spirit of the truest equity, by applying these superfluities
of the larger benefices to make up the deficiences of the smaller. And
to this end she granted her royal charter, which was confirmed by the
statute 2 Ann. c. 11. whereby all the revenue of first-fruits and
tenths is vested in trustees for ever, to form a perpetual fund for
the augmentation of poor livings. This is usually called queen Anne's
bounty; which has been still farther regulated by subsequent statutes,
too numerous here to recite.
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