CHA P. XIII.

Of First-Fruits, and Dilapidations. Fir-Fruits were an Art of Simony, invented by the Pope, who bestow'd Bishopricks, Benefices in England on Foreigners, by way of Provifion and Refervation; on Condition that the first Years Profits were given to him for the regaining of the Holy-Land, or fome fuch goodly Pretence; next, he prevail'd on Spiritual Patrons to oblige their Clerks to pay them, and at last by degrees he claim'd, and extorted them from those who were prefented by the King, or his Temporal Subjects.

It is obfervable, that the Pope could never obtain the Firft-fruits of Benefices in England, but of Archbishopricks, and Bifhopricks only. Nor did he ever receive Tenths here, as a fettled annual Revenue; but by occafional Grants only. But now by Stat. 25 Hen. VIII. cap. 20, and 26. c. 3. both Firft-fruits, and Tenths, are made a standing Revenue to the Crown. And by that A&t, He who enters upon any Spiritual Living, before be pay or compound for them, upon Conviction, forfeits the double Value thereof: To avoid fuch Penalty, the Clerk either before Induction, or foon after (for the Officers will fqueeze Money out of him for any finall delay (muft go to the First Fruits-Office, or fend two Friends of the City of London, Inns of Court, or Parts adjacent; if he go himfelf, one fuch Friend is fufficient, (except

the

the Benefice be above 301. per Ann. in the King's Books; for then two Bonds-Men are required (and enter into Bond to pay the First Fruits of his Benefice within two Years next coming, at four equal half yearly Payments: But one tenth part of the whole Sum mention'd in the King's Books, is to be deducted: For that is to be paid diftinctly by itself, the first Year, as well as all the following, to the Collector of Tenths; the Day of Payment mentioned in the Bond, is always the first Day of fome Month, and if Payment be made on any following Day of the faid Month, 'tis fufficient; but if the Clerk ftay till another Month begin, he will be made to pay for his delay.

By Stat. 1 Eliz. c. 4. Vicarages that are not above ten Pounds Yearly, and Rectories not above ten Marks, are excufed from paying FirstFruits; he that takes fuch a Living, has nothing to do with this Office.

Four Bonds were formerly given for the four feveral Payments: Nay, from the Reign of K.C. II. to that of Q. Anne, a fifth Bond was required, whereby the Clerk was oblig❜d to pay according to the full extended Value of the Benefice, in cafe it fhould appear that it was not valued to the height in the King's Books; And yet the Statute of 26 H. VIII. mentions but one Bond, for which no more was to be paid than 8d, and 4d. for each Acquittance. But I never heard of any Clergyman that could perfuade thefe Officers, that this part of the Statute was good Law.

By that pious Statute 2 & 3 of Queen 'ANNE, it is provided, that but one Bond

only

6 only fhall be given, and the present Rates of all Benefices, according to the King's Books, are declar'd to be unalterable.

6 By Stat. 1 Eliz. 4. in cafe the Clergyman that has given Bond for Firft-Fruits die, or be legally outed, before the feveral Payments be• come due, there is a Remittance, or Mitigation of the future Payments. But fome Clergymen, and their Executors have notwithstanding been obliged to pay the full of their remaining Bonds, and could find no Remedy but what was worse than the Disease.

The Succeffor is chargeable with Arrears of Tenths due from his Predeceffor, and therefore is empower'd, by 27 H. VIII. in fuch cafe to diftrain his Predeceffor's Goods, being upon the Benefice; and has likewife a good Action against him, or his Executors at Law.

But for Dilapidations the Remedy is not fo eafy, the Succeffor can only fue the Predeceffor, or his Executors in the Spiritual Court, (in which cafe no Prohibition lies) or at CommonLaw, by an Action of the Cafe. Watf.c. 39. P.311. All Debts fhall be paid before Dilapidations, Legacies fhall not. Parfon's Counfellor, P.75.

"If the deceafed Predeceffor make any Conveyance of his Goods, to deprive his Succeffor of Remedy in cafe of Dilapidations, the Spiritual Court may proceed against the Grantee; as it might have done against the Predeceffors, Executors or Adminiftrators, by 13 Eliz. c. 10. But memorandum, that by this Act no Clergyman can fue his Predeceffor or his Executors, but only for fo much of the Dilapidations, as

batla

bath happen'd by his Fact, or Default. Therefore all Incumbents, when upon their Induction they find the Houfe to be ruinous, and no Affets, may do well to have the Reparations furvey'd by able and creditable Workmen; making a Diftinction between the Repairs wanting at the Death of the former Incumbent, and thofe which have happen'd fince; for if the fucceeding Incumbent remove or die in a fhort time, and particularly before the two Years are expired, which the Statute allows him for making good the Repairs, then he, or his Executors, may justly plead the great Dilapidations committed by the former Incumbent, and his want of Affets in mitigation of the Damage which his Succeffor may demand of him, or of his Executors. But if he continues Incumbent many Years, it will be to little or no Purpose to plead the bad Condition in which the Houfe was left by the first Incumbent, or the Nonfolvency of him and his Executors.

By the Conftitution of Edmund, Archbishop of Canterbury, Dilapidations are made a Debt, and the Predeceffor is to make good all Defects in the House and Chancel, but only de Bonis Ecclefiafticis, out of what he has got by the Church.

While the Dilapidator remains Incumbent, the Ordinary has effectual Remedy against him: For he can fequefter his Benefice for this Purpofe; but if he die poor, or leave his Eftate among artificial People, 'twill be hard, if not impoffible for the Succeffor, to do the Church and himself Justice.

• What

'What the Incumbent receives for Dilapid tions of his Predeceffor, muft be faithful laid out in two Years time, upon the Hou or Chancel, under Penalty of double the Su to the King. 14 Eliz. 11.

Dr. Watfon is of Opinion, that no Curat tho' he have a Leafe of the Benefice, and by th be bound to repair the Houfe, is liable to be fu for Dilapidations. C. 39. p. 311.

I have been lately inform'd of fome Clergy men, who have ferv'd a Cure fome Months b fore the Death of an Incumbent, and upon h Deceafe, and the Succeffion of another, hav been in doubt of whom to demand their Pay efpecially when the Incumbent died just befor Harveft, and fo left the main of the Years Pr fits to the Succeffor. But here is no room f Difpute; for he who employ'd the Clergyma must pay him, and if he be dead, his Executo muft do it. If the Incumbent had ferv'd th Cure in Perfon, to the Day of his Death, ne ther he nor his Executors could have demande any Satisfaction of the Succeffor, but muft hav been contented with fo much of the Tythes a became due before his Death, or Ceffion: an if he did not do it in Perfon, 'tis clear he wa bound to do it by fome other,and confequently to pay him for it. I have known feveral ric and hardy Executors, that have found them felves conftrain'd to pay for ferving the Cur till the Teftator's Death, and that in one Cafe when the Teftator had had no Tythes becom due to him in ten Months before his Death.