The Legal Position of the ClergySmith, Philip Vernon
Religion
The Legal Position of the Clergy
Smith, Philip Vernon
Canon law; Clergy -- Legal status, laws, etc. -- Great Britain; Ecclesiastical law -- Great Britain
5. Every ancient church ought of right to have glebe as well as a manse
or parsonage house attached to it.[340] In a parish where there is an
impropriate rectory and a vicarage, glebe may be attached to both or
either. Rectorial glebe is not liable to pay vicarial tithe to the
vicar, nor is vicarial glebe liable to rectorial tithe to the
rector.[341] Since the interest of the incumbent in the house of
residence and glebe is limited to his life or tenure of the benefice,
he cannot deal with them in a way prejudicial to the rights of the
patron or of his successors in the incumbency. His powers of selling,
exchanging, and leasing are strictly defined by statute. He must not
commit what is technically called "waste"--that is to say, any spoiling
or destruction of houses, gardens, or other glebe of the benefice, or of
the trees thereon, to the detriment of his successors. In cultivating
the glebe lands himself, he is not restricted to any particular mode of
cultivation, nor accountable to his successors for neglect or
mismanagement.[342] But he must not cut down trees, except so far as
they may be required for the repairs of the buildings of the benefice,
including the chancel of the church, if he is the rector and is liable
to repair it.[343] He may not on his own account open mines, quarries,
or gravel-pits under or upon the glebe land, nor work those which have
been unlawfully opened; but he may work those which are already lawfully
open;[344] and even as regards minerals or gravel unlawfully taken by
him, if he is not restrained at the time, his successor cannot maintain
an action for damage against his representatives after his death.[345]
Public-domain text, read in full here on John Shaqi.
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