GLEBE

Every church is of common right entitled to house and glebe. These are both comprehended under the name of manse , and the rule of the canon law is, “Sancitum est, ut unicuique ecclesiæ unus mans us integer, absque ullo servitio, tribuatur.” This is repeated in the canons of Egbert; and the a igning of these was of such absolute nece ity, that without them no church could be regularly consecrated. The fee simple of the glebe is in abeyance , from the French bayer , to expect, i. e. it is only in the remembrance, expectation, and intendment, of law. Lord Coke says, this was provided by the providence and wisdom of the law, for that the parson and vicar have cure of souls, and were bound to celebrate Divine service, and administer the sacraments, and therefore no act of the predece or should make a discontinuance, to take away the entry of the succe or, and to drive him to a real action whereby he might be destitute of maintenance in the mean time. After induction, the freehold of the glebe is in the parson , but with these limitations: (1.) That he may not alienate, nor exchange, except upon the conditions set forth in the statutes cited below; (2.) that he may not commit waste by selling wood, . But it has been adjudged that the digging of mines in glebe lands is not waste; for the court said, in denying a prohibition, “if this were accounted waste, no mines that are in glebe lands could ever be opened.” Glebe lands, in the hands of the parson, shall not pay tithe to the vicar, though endowed generally of the tithes of all lands within the parish; nor being in the hands of the vicar, shall they pay tithe to the parson. This is according to the known maxim of the canon law, that “The Church shall not pay tithes to the Church;” but otherwise if the glebe be leased out, for then it shall be liable to pay tithes respectively as other lands are. By a statute of Henry VIII., if the parson dies in po e ion of glebe, and another is inducted before severance of the crop from the ground, his executor shall have the corn, but the succe or shall have the tithes: the reason is, because, although the executor represents the testator, yet he cannot represent him as parson ; inasmuch as another parson is inducted. By 13 Eliz. c. 10, the term for leasing glebe is limited to twenty-one years, or three lives. The 55 Geo. III. c. 147, 56 Geo. III. c. 52, 1 Geo. IV. c. 6, are acts for “enabling spiritual persons to exchange their parsonage houses or glebe lands.” (See also 6 Geo. IV. c. 8; 7 Geo. IV. c. 66; 1 & 2 Vict. c. 23; 2 & 3 Vict. c. 49; 5 & 6 Vict. c. 27; 1 & 2 Vict. c. 106, s. 93.) Canon 87. A Terrier of Glebe lands, and other Po e ions belonging to Churches. —“We ordain that the archbishops and all bishops within their several dioceses shall procure (as much as in them lieth) that a true note and terrier of all the glebes, lands, meadows, gardens, orchards, houses, stocks, implements, tenements, and portions of tithes, lying out of their parishes, (which belong to any parsonage, or vicarage, or rural prebend,) be taken by the view of honest men in every parish, by the appointment of the bishop, (whereof the minister to be one,) and be laid up in the bishop’s registry, there to be for a perpetual memory thereof.” By 1 & 2 Vict. c. 106, the bishop may a ign four acres of glebe to the curate, occupying the house of a non-resident incumbent, at a fixed rent, to be approved of by the bishop.