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30 - Of the Deduction of Fruits or Sequestration, as it is Commonly Called, for Different Reasons

from 2 - The Reformatio legum ecdesiasticarum

Published online by Cambridge University Press:  01 September 2018

Gerald Bray
Affiliation:
Beeson Divinity School, Samford University
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Summary

What the procedure of sequestration ought to be.

Those who enjoy ecclesiastical benefices must maintain the upper part of the church, which is called the chancel, roofed, and must also keep a reliable account of the other buildings which belong to their church. Moreover, they must do this and maintain them all with their resources, whatever expenses are allocated for their upkeep in respect of the church, whether a written law or the lawful custom of the place demands it. But if they refuse to do so, the income of the church shall be deducted and shall be held back from them until they have fulfilled their duty wholly and completely, and they shall also be covered with other ecclesiastical penalties if it seems to the judges that they deserve them. In which case, so that there may be no escape left for them, it is our will that the income of the church shall be taken away, whether it is the proprietary, or the farmer or someone else who receives or shall receive them. And since this shall be the deduction of the income (which is commonly called sequestration), those to whose trust the income is committed, or their lawful deputies, may remove it, and use the money in whatever way the needs of the church dictate. And those who sequester the income shall also provide that in the meantime all the divine offices of the church shall be funded. And when everything has been satisfactorily arranged by all lawful expenditures, the income shall be restored to its former owner. And the farmer or the middleman shall set aside for his own use as much as he can be compensated with, given all the loss of the deducted income, and he shall give notice in writing of what percentage of the total sum he has reserved for himself.

Sequestration is appropriate in a contested benefice.

Type
Chapter
Information
Tudor Church Reform
The Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum
, pp. 454 - 457
Publisher: Boydell & Brewer
Print publication year: 2000

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