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1 Lutw. 134.

the King our Sovereign Lord, with the Assent of the Lords Spiritual No. 1. and Temporal, and the Commons, in this present Parliament assem- 21 H. VIII. c. 13. bied, and by the Authority of the same, 'That no spiritual Persons, secular or regular, of what Degree soever he or they be, shall from No spiritual Person shall take any henceforth take to ferm to himself, or to any Person or Persons to Lands to ferm. his Use, of the Lease or Grant of the King our Sovereign Lord, nor Bulstr. 18. of any other Person or Persons, by Letters Patents, Indentures, See 1 Bur. 645. Writings, by Words or otherwise, by any Manner of Means, any Manors, Lands, Tenements, or other Hereditaments for Term of Life, for Term of Years, or at Will, upon Pain to forfeit Ten Pounds for every Month that he, or any other to his Use, shall occupy any such Ferm, by reason of any such Lease or Grant hereafter to be made; the One Half of which Forfeiture to be to the King our Sovereign Lord, and the other Half thereof to every such Person that will sue for the same by orignal Writ, Bill, or Plaint of Debt, or by any Information in any of the King's Courts; in which Action and Suit no Wager of Law shall be admitted for the Defendant, nor any Essoin or Protection allowed.

any

Ferm or Pro.

II. And be it also enacted by the Authority aforesaid, that all The spiritual Per and every such spiritual Person or Persons which now have, or son which hath occupy in Ferm, by themselves, or by any other to their Use, any fit out of Ferm, Manors, Lands, Tenements, or Hereditaments, of the Lease or Grant shall alien it forthof the King our Sovereign Lord, or any other Person or Persons, for with. Term of Life, or for Years, or at Will, by any Writing or otherwise, or that now have any annual Rents, or other annual Advantage, or Profit, by Occasion or Colour of any such Lease or Ferm, shall clearly bargain, sell, give, or grant away on this Side the Feast of St. Michael the Archangel next coming, to any such lay Person or Persons, as they will at their own Nominations and Appointment, all such Lease, Term, Interest, and Profit, as any such spiritual Person, or other to his Use, now hath or have, in or by reason of any such Ferm; so that in no wise any such spiritual Person or Dyer, f. 351. Persons at any Time after the same Feast, by themselves, or any ether to their Use, by any Manner of Means, Fraud, or Male Engine, shall have, use, or occupy in Ferm, any Manors, Lands, Tenements, or Hereditaments, of the Demise, Lease, or Grant of any Person or Persons heretofore made, or hereafter to be made, to themselves, or to any other to their Uses; nor from the said Feast shall take any annual Rent, or other annual Advantage or Profit, by Occasion or 27 H. VIII. f. 25. Colour of any such Lease or Ferm by any Manner of Means, upon Pain to forfeit for every Month so occupying any such Ferm, at any Time after the said Feast, contrary to this present Act, Ten Pounds, and upon Pain to forfeit Ten Times as much as any such spiritual Person, or any to his Use, shall take in any annual Rent, Advantage, or Profit, by Occasion or Colour of any such Lease, at any Time after the said Feast; the One Half of which Forfeitures to be to the King our Sovereign Lord, and the other Half to him that will sue for the same by original Writ, Bill, or Plaint of Debt, or by Information in any of the King's Courts; in which Action and Suit no Wager of Law shall be admitted for the Defendant, nor any Essoin or Protection allowed.

or to others to

III. And be it also enacted, That all such Leases made, or hereafter Leases made to to be made, unto any such spiritual Person or Persons, or to any other spiritual Persons, to their Use, for Term of Life, Term of Years, or at Will, of any their Use, shall be Manors, Lands, Tenements, or Hereditaments, whereof they, or any void. of them, shall take any Profit or medling by themselves, or by any to their Use, after the said Feast of Saint Michael, by Colour of any such Lease or Grant, and not by them bargained, granted, and sold away before the said Feast, as is before limited, shall from henceforth be

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utterly void, and of none Effect, as well against the Leasor or Leasors, 21 II. VIII. c. 13. Grantor and Grantors, their Heirs and Assigns, and against every of them, as against the Leassee or Leassees, and their Executors and Assigns, and every of them. (1)

In some Cases

IV. Provided alway, That this present Act shall not extend to a spiritual Person any spiritual Person or Persons, in and for taking to Ferm any Tempomay take to feim ralities, during the Time of Vacations of any Archbishopricks, the Temporalittes of a Bishop, &c. Bishopricks, Abbeys, Priories, or other Collegiate, Cathedral, or Coventual Churches, nor to any spiritual Person or Persons that shall tender or make any Traverse upon any Offices or Office, concerning his or their Freehold.

No spiritual Per son shall buy to

seil again any Mer chandise, Corn,

Cattle, &c.

In what Case a

spiritual Person the Things which he hath bought.

may sell again

Certain Houses

keep
Lands in their
Hands for the

V. And be it also enacted by the Authority aforesaid, That no spiritual Person or Persons, secular or regular, of what Estate or Degree soever they be, shall from henceforth by himself, nor by any other for him, nor to his Use, bargain and buy to sell again for any Lucre, Gain, or Profit, in any Markets, Fairs, or other Places, any Manner of Cattle, Corn, Lead, Tin, Hides, Leather, Tallow, Fish, Wool, Wood, or any Manner of Victual or Merchandise, what Kind soever they be of, upon Pain to forfeit Treble the Value of every Thing, by them, or by any to their Use, bargained and bought to sell again, contrary to this present Act; and that every such Bargain and Contract hereafter to be made by them, or by any to their Use, contrary to this Act, shall be utterly void, and of none Effect; and the One Half of every such Forfeiture to be to the King our Sovereign Lord, and the other Half to him that will sue for the same by original Writ of Debt, Bill, Plaint, or Information in any of the King's Courts; in which Action or Suit no Wager of Law for the Defendant shall be admitted, nor any Essoin nor Protection allowed.

VI. Provided alway, That if any such spiritual Person or Persons shall happen hereafter without Fraud or Covin to buy any Horses, Mares, or Mules, to the only Intent to occupy for himself or his Servants, to ride to and fro upon his necessary Business, or any other Cattles or Goods, to the only Intent and Purpose at the buying thereof to be employed and put in and about his necessary Apparel of his own House, or of his Person and Servants, or in, for, and about the only occupying, manuring, or Tillage of his own glebe or demene Lands annexed to his Church, or for the necessary Expences of his own Household-keeping, and after the buying of any such Horses, Cattles, or Goods, or Exercise of them, or any of them, happeneth to mislike any of them that they should not be good, profitable, nor convenient for any of the Purposes abovesaid, for the which they were bought; that then every such spiritual Person or Persons may lawfully bargain and put away such Things so by him bought, without Fraud or Covin, for any of the Purposes abovesaid at his Pleasure and Advantage; this Act or any Thing therein contained notwithstanding.

VII. Provided alway, That all Abbots, Priors, Abbesses, of Religion may Prioresses, Provosts, Presidents, Masters of Colleges and Hospitals. demesne and all other spiritual Governors and Governesses of any spiritual Monasteries, or Houses of Religion, by what Name or Names soever Maintenance of they be called, having Manors, Lands, Tenements, and Hereditaments, and other yearly Profits in the Right of their Monasteries or Houses, of the yearly Value of eight hundred Marks, or under, and not above, may use and occupy as much and as many of their demene Lands, Fee-ferms, and Ferms, to their most Advantage, Commodity,

their Houses.

(1) The Description of the Lessee in the Lease, as Doctor in Divinity is prima facie Evidence against him, that he is a spiritual Person within the Act. Frogmorton v. Scott. 2 E. 467.

and Profit, to and for the only Maintenance of their Households and
Hospitals, in as ample and large Manner as they or any of them, or 21
their Predecessors, or the Predecessors of any of them, at any Time
by the Space of One Hundred Years last past before the making of
this Act have done, used, and occupied; any Thing in this present
Act to the contrary notwithstanding.

No. 1. n. VIII. c. 13.

for the Mainte

2 Bulstr. 18.

Savil 32

VIII. Provided also, That every other spiritual Person or Spiritual Persons Persons, not having sufficient glebe or demene Lands in their own may take in Ferm Hands in the Right of their Churches, Monasteries, and Houses for nance of their Pasturage of Cattle, or for Increase of Corn, to and for the only Houses. Expences of their Housholders, and for their Carriages or Journeys, may take in Ferm other Lands, and buy and self Corn and Cattle for the only Manurance, Tillage, and Pasturage of such Ferms, so that the Increase thereof be alway employed and put to and for the only Expences in their Households and Hospitalities, and not in any wise to buy and sell again for any other Commodity, Lucre, or Advantage, any Corn or Cattle, renewing, coming, or growing in and upon any sach Ferm or otherwise, but only the Remain and Overplus above their Expences of their Housholds, if any such shall happen, of the Breed and Increase thereof, without Fraud or Covin; any Thing in this present Act to the contrary hereof notwithstanding.

The Tenalty of

IX. And be it enacted by the Authority aforesaid, That if any Person or Persons having One Benefice with Cure of Soul, being of Pluralities. the yearly Value of eight Pounds (1) or above, accept and take any Cro. El. 601, other (2) with Cure of Soul, and be instituted and inducted (3) in 853. 1 Leonard Possession of the same, that then and immediately after such Posses- 316. March 84. sion had thereof, the first Benefice shall be adjudged in the Law Co. pl. f. 368, 511. b. Moor to be void.

347, 351, 377.

X. And that it shall be lawful to every Patron, having the 534. Cro. El. Advowson thereof, to present another, and the Presentee to have the 351, 601, 853. Benefit of the same, in such like Manner and Form as though the Dyer 237, 255, Incumbent had died or resigned; any License, Union, or other 4 Co. 75, 78, b. Dispensation to the contrary hereof obtained notwithstanding. And 24 Ed. 3. f. 39. that every such Licence, Union, or other Dispensation had, or Vaughan 131. hereafter to be obtained contrary to this present Act, of what Name 2 Roll. 451. or Names, Quality or Qualities, soever they be, shall be utterly void, F. N. B. 44. H. and of none Effect.

51 L. Goldsb.

Any Dispensation

void.

XI. And if any Person or Persons at any Time after the First 162. pl. 97. Day of April, in the Year of our Lord GOD One Thousand Five Hundred and Thirty, contrary to this present Act, procure and obtain at the Court of Rome, or elsewhere, any Licence or Licences, Union, Toleration or Dispensation, to receive and take any mo Benefices with Cure than is above limited, or else at any Time after the said Day put contrary to this in Execution any such Licence, Toleration, or Dispensation, before Statute shall be that obtained contrary to this Act, that then every such Person or Persons, so after the said Day suing for himself, or receiving and Dyer 352. taking such Benefice by Force of such Licence or Licences, Union, Savil 136. Toleration, or Dispensation, that is to say, the same Person or Persons 25 H. 8, c. 21. only and none other, shall for every such Default incur the Danger, Repealed by Pain, and Penalty of Twenty Pounds Sterling, and also lose the whole 1 & 2 Ph. & M. Profits of every such Benefice or Benefices as he receiveth or taketh by Force of any such Licence or Licences, Union, Toleration, or Dispensation; the One Half of which Forfeiture to be to the King

(1) According to the Valuation in the King's Books, contrary to some former Decisions. Gibs, 906-Watson, c. 2.

(2) Without Regard to Value. Gibs, 906.

(3) But Institution without Induction is sufficient to vacate the Benefice→→ Gibs, 906-although Lapse only takes Place from the Time of Induction. See Wolferson v. Bishop of Lincoln, 2 Wils. 174, and c. contra in Error, 3 Bur. 1504.

c. 8. s. 4. Dyer 347.

our Sovereign Lord, and the other Half thereof to him that will sue 21 H. VIII. c. 13. for the same by original Writ, Bill, Plaint of Debt, or Information in

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any of the King's Courts; in which Action and Suit no Wager of Law, Essoin, or Protection for the Defendant, shall be admitted or allowed.

XII. Provided always, That this Act concerning the not keeping of mo Benefices with Cure of Souls than One, extend, ne be prejudicial to any Person or Persons, which at any Time before the said First Day of April, in the Year of our Lord God One Thousand Five Hundred and Thirty, shall be really intitled or possessed of any such Benefices with Cure of Soul, as concerning or touching any of the same Beneficcs, whereof they shall then be already really intitled or possessed before the said Day, to or under the Number of Four, and not above; and if any such spiritual Person or Persons so being intitled or possessed of mo Benefices with Cure of Soul than Four, do not by the said First Day of April clearly, and without yearly Pension, resign, or otherwise give up all and every such Benefice and Benefices as he shall be so intitled and possessed of, above the said Number, that then it shall be lawful for every Parson, having the Advowson of any such Benefice, over the Number aforesaid, to present another, and the Presentee to have the Benefit of the same, in like Manner and Form as though it had been void by Death, or Resignation of the Incumbent; any Licence, Union, or other Dispensation to the contrary hereof obtained notwithstanding; and this Clause of Presentation to be taken and understood in and of such Benefices with Cure of Soul, as were given to any such spiritual Person, after the said Number of Four Benefices with Cure furnished and fulfilled.

XIII. Provided also, That all spiritual Mén now being, or which hereafter shall be of the King's Council, may purchase Licence or Dispensation, and take, receive, and keep Three Parsonages, or Benefices, with Cure of Soul; and that all other being the King's Chaplains, and not sworn of his Council, the Chaplains of the Queen, Prince, or Princess, or of any of the King's Children, Brethren, Sisters, Uncles, or Aunts, may semblably purchase Licence, or Dispensation, and retain and keep Two Parsonages and Benefices with Cure of Soul.

XIV. And in likewise, that every Archbishop and Duke may have Six Chaplains, whereof every One shall and may purchase Licence or Dispensation, and take, receive, and keep Two Parsonages or Benefices with Cure of Soul.

XV. And that every Marquis, and Earl, may have Five Chaplains, whereof every One may purchase Licence or Dispensation, and take, receive, and keep Two Parsonages or Benefices with Cure of Soul.

XVI. And that every Viscount, and other Bishop, may have Four Chaplains, whereof every one may purchase Licence, and receive, have, and keep Two Parsonages or Benefices with Cure of Soul, as is aforesaid.

XVII. And that the Chancellor of England for the Time being, and every Baron, and Knight of the Garter, may have Three Chaplains, whereof every One shall now purchase Licence or Dispensation, and receive, have, and keep Two Parsonages or Benefices with Cure of Soul.

XVIII. And that every Duchess, Marchioness, Countess, and Baroness, being Widows, may have Two Chaplains, whereof every One of them may purchase Licence or Dispensation, to receive, have, and keep Two Benefices with Cure of Soul.

XIX. And that the Treasurer, and Comptroller of the King's House, the King's Secretary, and Dean of his Chapel, the King's

Amner, and the Master of the Rolls, may have every of them Two

No. 1.

Chaplains; and the Chief Justice of the King's Bench One Chaplain; 21 H. VIII. c. 13. and the Warden of the Five Ports for the Time being, One Chaplain; whereof every one may purchase Licence, and receive, have, and keep Two Parsonages or Benefices with Cure of Soul.

XX. And that the Brethren and Sons of all Temporal Lords, 1 Anders, 200. which are born in Wedlock, may every of them purchase Licence or Dispensation, and receive, have, and keep as many Parsonages or Benefices with Cure, as the Chaplains of a Duke, or an Archbishop. XXI. And likewise the Brethren and Sons born in Wedlock of ery Knight, may every of them purchase Licence or Dispensation, and receive, take, and keep Two Parsonages or Benefices with Cure of Soul.

Masters.

XXII. Provided always, That the said Chaplains so purchasing, Chaplains shal taking, receiving, and keeping Benefices with Cure of Soul, as is afore- shew the Letters said, shall be bound to have and exhibit, where need shall be, Letters of their Lords or under the Sign and Seal of the King, or other their Lord and Master, testifying whose Chaplains they be, and else not to enjoy any such plurality of Benefices by being snch Chaplain, any Thing in this Act Notwithstanding.

Dispensation have

No Dispensation

XXIII. Be it also provided, That all Doctors, and Batchelors of Doctors and Bate Divinity, Doctors of Law, and Batchelors of the Law Canon, and chelors of Divinity every of them, which shall be admitted to any of the said Degrees by and Low may by any of the Universities of this Realm, and not by Grace only, may two Benefices with purchase Licence, and take, have, and keep Two Personages or Bene- Cure. fices with Cure of Soul; so that always the said Liberty, by any of the Provisions aforesaid given to any of the said Counsellors, Chaplains, can licence any to and other persons before specified, to purchase Licence or Dispensation, have above i wo and take, receive, and keep more Benefices than One, after the Manner Beuefices. and Form aforesaid, be taken and understood to extend in Number to omo Benefices with Cure of Soul, than is above limited, accounting in the same, and as parcel thereof, such Benefices with Cure of Soul, as any the said Persons shall have in real Title, or in their possession. at the said First Day of April, in the Year of our Lord One Thousand Five Hundred and Thirty.

Bishop tour.

XXIV. Provided also, That every Archbishop, because he must Archbishop m cupy Eight Chaplains at Consecrations of Bishops, and every Bishop, have eight Ch because he must occupy Six Chaplains at giving of Orders, and Con lains, and eve., secration of Churches, may every of them have Two Chaplains over and above the Number above limited unto them, whereof every One By purchase Licence and Dispensation, and take, receive, and keep Parsonages and Benefices with Cure of Soul, as is before assigned to such Chaplains.

as many

Savil 79, 101.

XXV. Provided also, and be it enacted by the Authority aforesaid, That no Person or Persons, to whom any Number of Chaplains, Moor 561. pl. Co. pl. f. 515. of any Chaplain, by any of the Provisions aforesaid is limited, shall in 763. Moor 540. any wise, by Colour of any of the same Provisions, advance any spiri- pl. 712. Moor tual Person or Persons, above the Number to them appointed, to 542. pl 719. receive or keep any mo Benefices with Cure of Soul, than is above Rast. pla f. 599. limited by this Act, any Thing specified in the said Provisions not- Savil 32, 135. withstanding; and if they do, then every such spiritual Person and 2 Roll 10. Persons, so advanced above the said Number, to incur the Pain and Penalty contained in this Act."

Cro. El 590. 663.
Cro. Cal.

XXVI. Be it also further enacted by the Authority aforesaid, What shall be nonThat as well every spiritual Person now being promoted to any arch residence. deaconry, Deanry, or Dignity in any Monastery, or Cathedral Church, 719 or other Church, Conventual or Collegiate, or being beneficed with 146. 6. Co 21. any Parsonage or Vicarage, as all and every spiritual Person and Per- But see 3 Bur. sons, which hereafter shall be promoted to any of the said Dignities or 27.

1 Lutw. 138

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