LAW. BY RICHARD BURN, LL. D. CHANCELLOR OF THE DIOCESE OF CARLISLE, "The Temporal Law and the Ecclefiaftical Law are fo PRINTED BY A. STRAHAN, LAW-PRINTER TO THE KING'S MOST EXCELLENT MAJESTY; For T. CADELL junior and W. DAVIES (Succeffors to And J. BUTTERWORTH in Fleet-street. 1797. Vacation. cancy of a be nefice. Y the common law of the church, the profits of Who shall have the vacation were to be laid out for the benefit of the profits the church, or referved for the fucceffor; but by fpeduring the va cial privilege or custom, the bishop or archdeacon might have the fame, or fome part thereof: fo alfo, it is faid, the king might take the profits of a free chapel, and the patron of a donative the profits of fuch donative, during the time of vacation. Lind. 137. Gibf. 749. But by the ftatute of the 28 H. 8. c. 11. it is enacted as followeth: viz. Forafmuch as in the ftatute for the payment of firft fruits, it is not declared who fhall have the fruits tithes and other profits of spiritual promotions, offices, benefices and dignities, during the time of vacation thereof; divers of the archbishops and bishops of this realm have not only when the time of the taking of tithes hath approached deferred the collation of fuch benefices as have been of their own patronage, but alfo have upon prefentations of clerks made unto them by the just patrons deferred to inflitute induct and admit the fame clerks, to the intent that they might receive to their own use the fame tithes growing and arifing during the vacation: fo that thro' fuch delays (over and above the firft fruits) they have been constrained to lofe all or the most part of one year's profits, to their great lofs and hindrance: it is therefore enacted, that the tithes, fruits, oblations, obventions, emoluments, commodities, advantages, rents, and all other whatsoever revenues, cafualties, and profits, certain and uncertain, belonging to any archdeaconry, deanry, prebend, parfonage, vicarage, hofpital, wardenship, provoftship, or other fpiritual promotion, benefice, dignity or office, growing or coming during the time of vacation, fball belong to fuch perfon as shall be thereunto next prefented, promoted, instituted, inducted, or admitted, towards the payment of his firf fruits. And if any archbishop, bishop, archdeacon, ordinary, or any other perfan or perfons to their uses and behoof, fhall receive or take the fame, and fhall not upon reasonable request render the fame to the next incumbent lawfully inftituted, inducted or ad mitted, er fhall let or interrupt the faid incumbent to have the fame; be fhall forfeit treble value, half to the king and balf to the incumbent, to be recovered in any of the king's courts. VOL. IV. B To |