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GLEBE ACT 1698
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CHAP. VI.
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An Act to encourage building of houses, and making other improvements on church lands, and to prevent dilapidations.
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Mansion houses of ecclesiastical persons destroyed by frequent wars.
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Residence thereby become difficult, unless encouraged to rebuild.
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Ecclesiastical persons building or making accessary improvements on church lands shall have from next successor two thirds (necessary annual repairs excepted.)
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Altered by 12 G. 1. 10.
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Ascertained by certificate of chief governors in case of an archbishop, &c.
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Successor paying said two thirds shall receive a moiety from next successor.
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Said sums to be paid on removal by four half yearly payments.
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by two in case of death.
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to be recovored by distress.
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or sequestration of a moiety.
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or by debt.
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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.
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Ecclesiastical persons may with approbation purchase in their diocese houses &c. or lands fit for building for perpetual residence, to be part of their demesne, unalienable.
to be certified, and repaid by successor, as before.
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II. And because it may happen that more convenient houses, or more commodious situations, may be found for the residence of some archbishops, bishops, and other ecclesiastical persons, than do yet belong to them; be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any archbishop, by and with the approbation of the chief governor or governors of this kingdom for the time being, and for any bishop, by and with the approbation of the archbishop of his province, and for any other ecclesiastical person, by and with the consent of the bishop of his diocess, certified in writing under their respective hands and seals, to purchase to them and their successors respectively, within their respective diocess, houses already built, with conveniencies thereunto belonging, or lands and tenements fit for such buildings and conveniencies, for the habitation and residence of them and their successors for ever, thenceforth to be part of their demeasne, glebe, or mensal land respectively, unalienable, and not to be let or disposed of to any other use whatsoever; and that the purchase money for the same, and the charges and expence of buildings, additions, and repairs as aforesaid, being ascertained and certified as aforesaid, shall be repaid, as to two thirds thereof, by the next immediate successor, who shall have and receive from his next successor one moiety or half of what he pays in like manner, and with like remedy, as aforesaid.
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Bishop of Limerick may convey his house to use of him and his successors.
to be paid by successor as before.
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III. And that it shall and may be lawful, to, and for Thomas lord bishop of Limerick, to convey his dwelling house in Limerick with the appurtenances, to the use of him and his successors, bishops of Limerick; and that in such case he shall be paid for his disbursements, in purchasing, building, improving and repairing the same, being first certified and ascertained as aforesaid, as to two thirds thereof, by his next immediate successor, who shall likewise have one moiety, or half of his payment from his next successor in like manner, and with like remedy as aforesaid.
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Bishop of Elphin with approbation of archbishop may remove timber to build a manse house.
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IV. Provided nevertheless, and be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the lord bishop of Elphin, for the time being, to remove the timber and other materials from Elphin, to any other parts of the lands belonging to that see within his diocess and in his possession, where he or they with the approbation of the archbishop of the province, certified in writing under his hand and seal shall think fit, to build a manse house for the bishop of that fee, pursuant to this act.
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Lands purchased by bishop of Dromore, and house built thereon, added to the fee.
repaid by successor as before.
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V. And that part of the lands of Magherilin, Killoglan, Ballymagin, and Carrick Mac Gingan, lying and being in the county of Down, and diocess of Dromore, containing about fifty five Irish acres belonging to the said See, and now in possession of Tobias lord bishop thereof, and by him purchased from the former lessees, and the house built thereon by him, with the out-houses and appurtenances, be ever hereafter added to the demeasnes of the said bishoprick of Dromore, and be for ever deemed, reputed, and taken to be the manse house, and part of the mensal lands of that fee, and that the said Tobias lord bishop of Dromore, his executors and administrators, shall be repaid two third parts of the charge of purchasing the said leases, and making and erecting the buildings, plantations, and improvements thereon, the same being first ascertained by certificate of the arch-bishop of the province under his hand and seal as aforesaid, by his next and immediate successor, who shall likewise receive one moiety thereof from his next successor, in like manner and with like remedy, as aforesaid.
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Ecclesiastical persons suffering mansion house or improvements to decay, successor may sue them, their executors, &c. in ecclesiastical court.
Or recover by action of deb:. sufficient to put into such good repair as at any time during incumbency of predecessor.
In default of so laying out the sum recovered in six months, the benefice to be sequestred.
If the person so recovering dies before the sum luid out, successor to recover double from his exeoutors, &c. by action of debt, unless they voluntarily pay.
Successor to lay out the same under like penalty.
Colourable conveyances of personal estate to defraud successor of said remedy, void
13 Eliz 10. Eng.
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VI. And for preventing dilapidations for the future; be it enacted by the authority aforesaid, That if any archbishop, bishop, or other ecclesiastical person whatsoever, shall suffer or permit his or their mansion house, or any or either of them, or any of the buildings, out-houses, gardens, orchards, or other improvements, that now are or hereafter shall be built, made, or erected on their respective demeasnes, glebes, or mensal lands, to decay; go to ruin, or be out of repair, that then his next and immediate successor or successors shall and may commence his or their sute in the ecclesiastical court, against such archbishop, bishop, or other ecclesiastical person, his or their executors or administrators, and have the full benefit of the ecclesiastical laws now in force in this kingdom in that behalf, or at his or their election may recover by action of debt against such archbishop, bishop, or other ecclesiastical person, his or their executors or administrators, in any of his Majesty’s courts of record at Dublin, such sum or sums as shall be sufficient to put such houses and improvements in such good repair as they were in at any time during the incumbency of his or their predecessor, so suffering or permitting the same to go to ruin and decay; which sum or sums of money, so recovered, levied, and paid to such successor or successors, shall forthwith be laid out and expended in the amendment and reparation of the respective houses and improvements, for the which the same shall be recovered as aforesaid, and in default thereof by the space of six months after recovery and payment as aforesaid, the archbishoprick, bishoprick, or other ecclesiastical living, or benefice of such ecclesiastical person, shall be sequestred in such manner and by such persons as is before herein expressed, until such ecclesiastical person shall expend and lay out all such sums, so recovered and paid as aforesaid, in the reparation and amendment of their respective houses and improvements as aforesaid: and if the archbishop, bishop, or other ecclesiastical person, so recovering as aforesaid, shall happen to dye before the sum recovered and paid to him be laid out in reparation and amendment as aforesaid, that then his next and immediate successor or successors shall and may recover from the executors and administrators of the person so dying double the sum, so recovered and paid as aforesaid, by action of debt in any of his Majesty’s courts of record at Dublin; unless such executors or administrators shall, and do voluntarily and without sute pay the same to such successor or successors, who is to expend and lay out the same in manner aforesaid, and under the like penalties and forfeitures as aforesaid: and if any archbishop, bishop, or other ecclesiastical person, that already hath or hereafter shall suffer dilapidations or decay in his manse house or improvements contrary to this act, shall hereafter make any deed, devise, conveyance, grant, lease, bequest, colourable sale, or gift (without full consideration) of his personal estate, or any part thereof, with intent to defraud his successor of the remedy intended him by this act; that all such deeds, devises, conveyances, grants, leases, bequests, sales, and gifts, shall be null and void, and of none effect, against such successor or successors; any former act, law, matter or thing, to the contrary notwithstanding,
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Leases, alienations, &c. of glebes for more than one year, void.
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VII. Provided nevertheless, and it is hereby further enacted by the authority aforesaid, That from and after the first day of January one thousand six hundred ninety and eight, it shall not be lawful for any rector, vicar, curate or incumbent, or other ecclesiastical person whatsoever, having a glebe fit and convenient to be built and improved upon for the habitation and residence of him and his successors, or whereon a manse house is already built, or shall hereafter be built, or which shall lye so near or contiguous to such house so built or to be built, as to be conveniently made use of for the same, to alien, set, let, or demise such glebe, or any part thereof, to any person or persons whatsoever, for any longer term or time than one year from the making thereof, in possession, and not in reversion; but that all alienations and leases, or contracts, or agreements for leases of such glebes, or any part thereof, for more than one year as aforesaid, shall be null and void to all intents and purposes whatsoever.
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Certificates required by this act shall be first entered in registry of the diocese.
Exemplification thereof evidence where original cannot be had.
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VIII. Provided always, and be it further enacted by the authority aforesaid, That all and singular the certificate and certificates, by this act required to be made in the several cases before mentioned, shall be entered at large in the publick registry of such diocess, to which the same relate, before any benefit or advantage be made thereof; and that the exemplification of such certificate or certificates, so registered and entered as aforesaid, under the hand and seal of the archbishop or bishop of the said diocess, shall be as good and effectual in the law to all the intents and purposes of this act, to be produced at any tryal at law or otherwise, as the original would have been, in case the said original shall at any time happen to be lost, or mislaid, or so detained, that the party concerned cannot have the same to produce and make use of as aforesaid.
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Church of Kiltohork in Leitrim shall be built at the parish charge in Carrick-Drumruske on land set apart by Sir George St. George, and be the parish Church,
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IX. And whereas the antient parish church of the parish of Kiltohorke, in the barony of Leitrim, in the county of Leitrim, is situated in the most uninhabited part of the said parish, remote from any of the protestant inhabitants of the said parish: and whereas Carrick-Drumruske in the said parish and barony is an English corporation, and wholly inhabited by Protestants, and is therefore convenient for the situation of the said parish church: be it therefore further enacted by the authority aforesaid, That the said parish church shall and may be built at the charges of the said parish, in the town of Carrick-Drumruske aforesaid, in some convenient place in the said town to be set apart for that purpose by Sir George St. George of Hedford, baronet; and that the said church so to be built, and no other, shall, from the time of its being so built, be and be deemed to be the parish church of the said parish of Kiltohorke to all intents and purposes; and the land, to be set apart for the said church and church-yard thereof, shall belong and appertain for ever to the said church, freed and discharged of and from all claims, demands, and estates of the said Sir George St. George, and of any person or persons whatsoever claiming or deriving from, by, or under him the said Sir George St. George, or under Sir Oliver St. George late of Hedford, baronet, deceased.
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