DR. BURN's

ECCLESIASTICAL LAW.

VOL. IV.

CHANCELLOR OF THE DIOCESE OF CARLISLE;

AND AUTHOR OF
" THE OFFICE AND DUTY OF A JUSTICE OF THE PEACE."

THE EIGHTH EDITION, CORRECTED;

WITH CONSIDERABLE ADDITIONS :
BY ROBERT PHILIP TYRWHITT, Eso.

OF THE MIDDLE TEMPLE.

IN FOUR VOLUMES.

VOL. IV.

LONDON:
Printed by A. STRAHAN, Law-Printer to the King's Most Excellent Majesty :

For T. CADELL, in the Strand;
F. C. & J. RIVINGTON, St. Paul's Church-Yard, & Waterloo-Place;

Joseph BUTTERWORTH and Son, Fleet-Street;
and LONGMAN, Hurst, Rees, Orme, Brown, and GREEN,

Paternoster. Row.

1824.

THE

ECCLESIASTICAL LAW.

Uacation. 1. BY the common law of the church, the profits of the vaca- Who shall

tion were to be laid out for the benefit of the church, or have the reserved for the successor; but by special privilege or custom, ing the va

profits durthe bishop or archdeacon might have the same, or some part cancy of a thereof; so also, it is said, the king might take the profits of a benefice. free chapel, and the patron of a donative the profits of such donative, during the time of vacation. Lind. 137. Gibs. 749.

But by the statute of the 28 H. 8. c. 11. (1) it is enacted as followeth : viz. Forasmuch as in the statute for the payment of first fruits, it is not declared who shall 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 such benefices as have been of their own patronage, but also have upon presentations of clerks made unto them by the just patrons deferred to institute, induct, and admit the same clerks, to the intent that they might receive to their own use the same tithes growing and arising during the vacation : so that through such delays (over and above the first fruits) they have been constrained to lose all or the most part of one year's profits, to their great loss and hinderance ; it is therefore enacted, that the tithes, fruits, oblations, obventions, emoluments, commodities, advantages, rents, and all other whatsoever revenues, casualties, and profits, certain and uncertain, belonging to any archdeaconry, deanry, prebend, parsonage, vicarage, hospital, wardenship, provostship, or other spiritual promotion, benefice, dignity, or office, growing or coming during the time of vacation, shall belong to such person as shall be thereunto next presented, promoted, instituted, inducted, or admitted, towards the payment of his first fruits.

(1) Intituled “ An act for restitution of the first fruits in time of vacation to the next incumbent.” Repealed as to $ $ 7,8. by 1 & 2 Phil. & Mar. c. 17. repealed 2 & 3 Phil. & Mar. c. 4. but revived 1 Eliz. c. 4. $ $ 6. 24.

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