Attending on delivering out the original Register's fees on delivery For a proxy to appear for plaintiff or defendant (and stamp 6 s.) Drawing a declaration instead of an inventory o 6 8 4984 2 6 4 4 Fence of the churchyard, See Church. Fighting in the church or churchyard. See Church. Fir& fruits and tenths. I. First fruits and tenths given to the pope. and tenths. IV. First fruits and tenths appropriated to the augmentation of fmall livings. 1. I. First fruits and tenths given to the pope. ANNATES, primitia, or firft fruits, was the Firft fruits, value of every fpiritual living by the year, which the pope, claiming the difpofition of all ecclefiaft cal liv ings within chriftendom, referved out of every living. *T What What pope firft impofed first fruits hiftorians do not agree. 4 Inft. 120. (m) In the 34 Ed. 1. at a parliament held at Carlisle, great complaint was made of intolerable oppreffions of churches and monafteries by William Tefta (called Mala Tefta) and the legate of the pope, and principally concerning firft fruits; at which parliament the king by the affent of his barons denied the payment of firft fruits of fpiritual promotions within England, which were founded by his progenitors and the nobles and others of the realm, for the fervice of God, alms, and hofpitality. And to this effect he writ to the pope; and thereupon the pope relinquished his demand of first fruits of abbeys: in which parliament the firft fruits for two years were granted to the king, 12 Co. 45. In the 50 Ed. 3. the commons complain amongst other grievances from the court of Rome, that the pope's col (m) Mr. Hume in his hiftory of Edward 1. fays, "the levying of firft fruits was also a new device, begun in this reign, by which his holiness thruft his fingers very frequently into the purfes of the faithful: and the king feems to have unwarily given way to it." Mr. juftice Blackftone, difcourfing of first-fruits and tenths, vol. 1. p. 283. fays, "they were originally a part of the papal ufurpations over the clergy of thefe kingdoms, first introduced by Pandulph, the pope's le gate, during the reigns of king John and Henry the third, in the fee of Norwich, and afterwards attempted to be made univerfal by the popes Clement the fifth, and John the twenty-fecond, about the beginning of the 14th century. The firft fruits, primitia, or annates, were the first year's whole profits of the fpiritual preferment, according to a rate or valor made under the direction of pope Innocent the fourth, by Walter bishop of Norwich, in 38 H. 3. and afterwards advanced in value by commiffion from pope Nicholas the third, A. D. 1292. 20 Ed, 1, Which valuation of pope Nicholas is fill preferved in the exchequer. (3 Inft. 154.) The tenths, or decima, were the tenth part of the annual profit of each living by the fame valuation." When the first fruits and tenths were transferred to the king at the head of the church by 26 Hen. 8. c. 3. confirmed by 1 Eliz. c. 4. commiffioners were appointed in each diocese to make a new valor beneficiorum, by which the clergy are at prefent rated. This is commonly called the king's books, and a tranfcript of it is given in Eaton's Thefaurus, and Bacon's Liber Regis. 1 Bl. Com 285. with the note of Mr. Chriftian. The reason alledged by the canonifts for the exaction of these first fruits by the pope, was pro confervando decenti ftatu fuo, ut qui om nium curam habet de communi alatur. God. Rep. Can. 337. See the cafe of firft fruits and tenths, 12 Rep. 45. 7 lector lector that year (a thing never before done) had taken the first fruits of every benefice whereof he had made provifion or collation; whereas he was used to take first fruits only of benefices vacant in the court of Rome. Degge, p. 2. c. 15. In truth this tribute or revenue of first fruits was gradually by little and little impofed by the bishop of Rome, on fuch vacant benefices as himself conferred and bestowed; and this was often complained of as a very great grievance; fo that in the council at Vienna, Clement the fifth who was made pope in the year 1305, forbade the receiving thereof, and ordered the fame to be laid afide, and that the twentieth part of the facerdotal revenues fhould inftead thereof be annually paid to the bishop of Rome: but this not taking effect, the pope fo retained the faid annates to his exchequer, as that it long remained one of the most confiderable parts of his revenue. God. Rep. 337. 2. Tenths, decima, are the tenth part of the yearly va- Tenths. lue of all ecclefiaftical livings. 4 Inst. 120, 121. These tenths the pope (after the example of the high prieft among the Jews, who had of the Levites a tenth part of the tithes) claimed as due to himself by divine right. And this portion or tribute was by ordinance yielded to the pope in the 20 Ed. 1. and a valuation then made of the ecclefiaftical livings within this realm, to the end the pope might know and be answered of that yearly revenue; fo as the ecclefiaftical livings chargeable with the tenth (which was called fpiritual) to the pore, were not chargeable with the temporal tenths or fifteenths. granted to the king in parliament, left they fhould be doubly charged: but their poffeffions acquired after that taxation were liable to the temporal tenths or fifteenths, because they were not charged to the other. So as the tenths of ecclefiaftical livings were not yielded to the pope de jure after the example of the high priest among the Jews, for then he should have had the tenths of all ecclefiaftical livings whenfoever they were acquired, but he contented himself with what he had got, and never claimed more and that he might the better keep and enjoy that which he had got, the popes did often after grant the fame for certain terms to divers of the kings of England, as by our Hiftories doth appear. 2 Inft. 627, 628. II. First fruits and tenths annexed to the crown. 1. By the 25 H. 8. c. 2c. No perfon fhall be pre- Taken from the fented and nominated or commended to the bishop of pope. Given to the king. Compounding for and payment of first fruits. Rome, for the office of an archbishop or bishop, nor fend nor procure there for any bulls breeves palls or other things requifite for an archbishop or bishop, nor fhall pay any fums of money for annates, firft fruits, nor otherwife for expedition of any fuch bulls breeves or palls; but the fame fhall utterly ceafe, and no longer be ufed within this realm. f. 3. 2. And by the 26 H. 8. c. 3. The king his heirs and fucceffors, kings of this realm, thall have from time to time to endure for ever, of every perfon who fhall be nominated elected prefected prefented collated or by any other means appointed to have any archbishoprick, bishoprick, abbacy, monaftery, priory, college, hofpital, archdeaconry, deanry, provoftfhip prebend, parfonage, vicarage, chauntery, free chapel, or other dignity benefice or promotion fpiritual, of what name nature or quality foever they be, or to whofe foundation patronage or gift foever they belong, the firft fruits revenues and profits thereof for one year. S. 2. And he fhall alfo yearly have united to his imperial crown for ever, one yearly rent or pention amounting to the value of the tenth part of all the revenues, rents, farms, tythes, offerings, emoluments, and of all other profits as well called fpiritual as temporal, belonging to any archbishoprick, bishoprick, abbacy, monaftery, priory, archdeaconry, deanry, hofpital, college, houfe collegiate, prebend, cathedral church, coventual church, parfonage, vicarage, chauntery, free chapel, or other, benefice or promotion fpiritual, of what name nature or quality foever they be, within any diocefe of this realm or in Wales. f. 9. III. Concerning the manner of payment of the first fruits and tenths. 1. Every perfon, before any actual or real poffeffion or meddling with the profits of his benefice, fhall pay or compound for the firft fruits to the king's ufe, at reasonable days, and upon good fureties. 26 H. 8. c. 3. S. 2. And the chancellor of England and mafter of the rolls, jointly and feverally, or fuch other perfons as the king fhall depute by commiffion under the great feal, fhall have power to examine and fearch for the true value of fuch first fruits, and to compound for the fame, and to limit reasonable days of payment thereof upon good furety by writing obligatory and if compofition be made for the fame before the lord chancellor or mafter of the rolls, then the writings obligatory or money taken for the fame fhall be delivered to the clerk of the hanaper for the king's ufe; and if compofition be made before any other perfons fo deputed by the king as aforefaid, then the fame fhall be delivered to the treasurer of the chamber or elsewhere as the king by commiffion under the great feal fhall appoint. . 3. Whofe acquittance refpectively fhall be a fufficient difcharge. f. 4. And fuch writings obligatory fhall be of the fame effect as writings obligatory made by any lay perfon by authority of the ftatute of the ftaple; and upon certificate thereof into the chancery, like process and execution fhall be thereupon had, as upon certificate of writings obligatory of the ftatute of the ftaple. f. 4. And the fum of 8d (over and above the ftamps) fhall be paid for fuch writing obligatory, and no more; and 4d for an acquittance. f. 4. And one bond only fhall be given for the feveral payments. 2 & 3 An. c. 11. s. 6. And perfons fo deputed as aforesaid shall every fix months deliver to the treasurer of the chamber, or elsewhere to fuch other commiffioners as the king fhall appoint, as well all fuch money as all fuch fpecialties and bonds, by indenture to be made between them: and if any fuch person so deputed, his heirs executors or administrators, shall conceal or embezil any of the said specialties or bonds, and do not deliver them according to the tenor of this act; he shall forfeit his office, and make fine and ranfom at the king's will. 26 H. 8. c. 3 J. 4. 2. And if any perfon fhall enter into the poffeffion of Penalty on not meddle with the profits of his fpiritual promotion before paying or comhe hath paid or compounded as aforefaid, and be convict pounding. thereof by prefentment verdict confeffion or witness, before the faid lord chancellor or fuch other as fhall have authority by commiffion to compound for the fame; he fhall be accepted and taken an intruder upon the king's poffeffion, and fhall forfeit double value. 26 H. 8. c. 3. f. 5. 3. And in order to afcertain the valuation, it was en- Value how to be acted by the faid ftatute of the 26 H. 8. c. 3. that the chan- afcertained. cellor of England fhould have power to direct into every diocefe commiffions in the king's name under his great feal, as well to the archbishop or bishop as to fuch other perfons as the king should appoint, commanding them to examine and enquire of the true yearly values of all the manors lands tenements hereditaments rents ty hes off. rings emoluments and all other profits as well fpiritual as temporal, appertaining to any fuch benefice or promotion; with a clause to be contained in every fuch commiffion, that they fhould deduct and allow thefe deductions following and none other, T 3 that |