Glebe Act 1698

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GLEBE ACT 1698

CHAP. VI.

An Act to encourage building of houses, and making other improvements on church lands, and to prevent dilapidations.

Mansion houses of ecclesiastical persons destroyed by frequent wars.

Residence thereby become difficult, unless encouraged to rebuild.

Ecclesiastical persons building or making accessary improvements on church lands shall have from next successor two thirds (necessary annual repairs excepted.)

Altered by 12 G. 1. 10.

Ascertained by certificate of chief governors in case of an archbishop, &c.

Successor paying said two thirds shall receive a moiety from next successor.

Said sums to be paid on removal by four half yearly payments.

by two in case of death.

to be recovored by distress.

or sequestration of a moiety.

or by debt.

FORASMUCH as the mansion-houses of several archbishops, bishops, and other ecclesiastical persons, have been ruined and destroyed by the frequent wars and rebellions, that have happened in this kingdom, whereby residence is become very difficult, and is like to continue so, unless due encouragement be given them to rebuild and repair their former houses, and to erect new houses, where it shall be convenient, and to keep them in good repair after they are built: be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by authority of the same, That every archbishop, bishop, or other ecclesiastical person whatsoever, that heretofore did since the year one thousand six hundred and ninety, or shall hereafter at any time, make, build, erect, add to, or repair any house, out-house, garden, orchard, or any other necessary improvement on his demesne, glebe, or mensal land, or in any other lands in his possession belonging to his fee or church, that shall be certified in the manner hereafter mentioned in like cases to be fit and convenient for the residence and habitation of him and his successors, which from, thenceforth shall be deemed and taken to be part of the demeasne, glebe or mensal land of such fee, dignity or benefit, shall have and receive from his next and immediate successor, his executors or administrators respectively, two thirds of the sum or sums really and truly expended and laid out in such buildings, additions, repairs, and improvements, (necessary annual reparations only excepted) which sum or sums shall be finally settled and ascertained by certificate under the hand and seal of the chief governor or governors for the time being, in the case of an archbishop, and of the archbishop of the province in the case of a bishop, and by like certificate of the bishop of the respective diocess in all other cases; and such successor as aforesaid, having paid the two thirds of the sum of sums certified as aforesaid, shall and may receive one moiety thereof; that is, one third of his first disbursement from his next successor; which said sums shall be paid in all cases of removal or translation by four equal half yearly payments, to be accounted from such removal or translation; and in case of death, by two equal half yearly payments, to be accounted from the day of such death, and shall and may be recovered by the party, who ought to receive the same, his executors or administrators, either by distress on any of the lands or tenements of such archbishoprick, bishoprick, living, or benefice belonging to the successor hereby obliged to pay the same, or by sequestration of one moiety of the rents and profits of such fee or benefice, which sequestration is to be made and granted by the chief governor or governors of this kingdom for the time being, in case of an archbishop, and by the archbishop of the province in case of a bishop, and by the bishop of the diocess in all other cases, who are hereby respectively required to make and grant the same, or by action of debt in any of his Majesty’s courts of record in this kingdom, at the election of the party who sues for the same.