Tenements and Hereditaments, so had and made, it shall and may be lawful for your Highness, by your Letters Patents, to give and assure unto such Archbishop and Bishop, and his Successors, as shall be preferred and consecrated Archbishop or Bishop of such Archbishoprick or Bishoprick so being void, so much and so many of your yearly Tenths, Tithes and Parsonages appropriated, being within the same Archbishoprick or Bishoprick, as shall be of as much, or of more yearly Value, as the said Honours, Castles, Manors, Lands, Tenements or Hereditaments, so certified into your said Court of Exchequer, be certified unto; and that immediately upon such Gift and Grant made by your Highness, and the same by your Majesty under your Signet or Sign Manual signified unto your Treasurer and Barons of your said Court of Exchequer, together with your Pleasure for the Retaining and Keeping of the said Honours, Castles, Manors, Lands, Tenements or other Hereditaments so certified unto your said Court of Exchequer, in Lieu and Place of the said Tenths, Tithes and Parsonages appropriate, the same and such Honours, Castles, Manors, Lands, Tenements and other Hereditaments, as so shall then be certified into your said Court of Exchequer, shall be adjudged, vested and deemed, by Authority of this present Parliament, actually and really in your Highness, your Heirs and Successors, and be from thenceforth united and annexed to the Imperial Crown of this your Realm for ever, and from thenceforth shall be in the Order, Survey, Rule and Governance of your said Court of Exchequer, in such like Manner and Form, as other your Highness Possessions and Hereditaments be at this present. III. Provided always, and be it enacted by the Authority aforesaid, That this Act, or any Thing herein contained, shall not extend to give any Liberty or Authority to your Highness, to take from any such Archbishoprick or Bishoprick any of the Mansion-houses, commonly used for the Habitation or Dwelling of any such Archbishop or Bishop, or any the Demean Lands commonly used or occupied with any such Mansion or Dwelling-House or Houses or any of them, or to take any other Lands or Tenements commonly used and kept in the Manurance, Tillage or Manual Occupation of any Archbishop or Bishop, for the Maintenance of Hospitality and good Housekeeping; any Thing in this Act contained to the contrary notwithstanding. IV. Saving to all and every Person and Persons, Bodies Politick and Corporate, their Heirs and Successors, and to the Heirs and Successors of every of them, other than the said Archbishops and Bishops and their Successors, all such Estate, Right, Title, Term, Interest, Rent; Profit, Offices or Commodities, as they or any of them have, should, might or ought to have had, in or to any Honours, Castles, Manors, Lands, Tenements or other Hereditaments whatsoever, in such like Manner, Form and Condition, to all Intents and Purposes, as if this Act had never been had nor made; any Thing herein contained to the contrary notwithstanding. No. 4. 1 Eliz. c. 19. thau, &c. made V. And be it further enacted by the Authority aforesaid, That Conveyances by all Gifts, Grants, Feoffinents, Fines or other Conveyance or Estates, Bishops, &c other from the first Day of this present Parliament, to be had, made, done void. or suffered by any Archbishop or Bishop, of any Honours, Castles, 1 Inst. 44, a. Manors, Lands, Tenements or other Hereditaments, being Parcel of Moor, 253, pl. the Possessions of his Archbishoprick or Bishoprick, or united, appertaining or belonging to any the same Archbishopricks or Bishopricks, to any Person or Persons, Bodies Politick or Corporate, other than to the Queen's Highness, (1) her Heirs or Successors, whereby any (1) This Statute had little Effect, as many Estates were granted to the Queen upon Design that she should grant them over to others, on which Account the Statute 1 Jac. I. c. 3, (post No. 12,) was made.—Co. 71.— Gibson's Codex, 679.-Bacon, Abr. Leases, D. 400. 778, p. 1078. Cro. El. 874. Vin. V. 8, 564. See 1 Bur. 221. No. 4. 1 Euz. c. 19. Estate or Estates should or may pass from the same Archbishops or Bishops or any of them, other than for the Term of xxj. Years or three Lives, (2) from such Time as any such Lease, Grant or Assurance shall begin, and whereupon the old accustomed yearly Rent or more, shall be reserved and payable yearly during the said Term of xxj. Years or three Lives, shall be utterly void and of none Effect, to all Intents, Constructions and Purposes; any Law, Custom or Usage to the contrary in any wise notwithstanding. (3) (2) A Lease for sixty Years, determinable on three Lives, not good within this Statute-Whitlock's Case, 8 Rep. 69, b.-and see Roe ex dem. Brune v. Prideaux, 10 East, 158, and the Cases there cited, as to Leases under Powers. A Lease to A, for Life-Remainder to B, for Life-Remainder to C, for Life, is not good-Owen v. Apprice, Cro. Car. 95. A Bishop is not restrained from making a concurrent Lease for Years, with the Consent of the Dean and Chapter-but he cannot, even with such Consent, make a Lease for Lives and another for Years, to be existing at the same Time.-Co. Lit. 44, 6.-Bacon, Leases, D. and Authorities, ibid. (3) As to the Grants of Offices by Bishops, see Bacon's Abridgement, Offices and Officers, D.-See also Trelawney v. Bishop of Winchester, 1 Bur. 219. 13 Eliz. c. 10. Wrongs & Frauds practised by divers No. 5. 13 Elizabeth, c. 10.-Fraudulent Deeds made by Spiritual Persons to defeat their Successors of Remedy for Dilapidations shall be void, &c. (1) HERE divers and sundry Ecclesiastical Persons of this Realm, W being endowed and possessed of ancient Palaces, Mansion houses, and other Edifices and Buildings, belonging to their EcclesiEcclesiastical Perastical Benefices or Livings, have of late Years not only suffered the sons Hob. 84. 2 Roll. 169. How the Succes same for Want of due Reparations partly to run to great Ruin and Decay, and in some Part utterly to fall down to the Ground, converting the Timber, Lead and Stones to their own Benefit and Commodity; but also have made Deeds of Gift, colourable Alienations, ⚫ and other Conveyances of like Effect, of their Goods and Chattels in their Lives-time, to the Intent and of Purpose, after their Deaths, to defeat and defraud their Successors of such just Actions and • Remedies as otherwise they might and should have had for the same against their Executors or Administrators of their Goods, by the Laws Ecclesiastical of this Realm, to the great Defacing of the State Ecclesiastical, and intolerable Charges of their Successors, and evil Precedent and Example for others, if speedy Remedy be not provided:': II. Be it therefore enacted by the Queen's most excellent Mapor shall have Re- jesty, the Lords Spiritual and Temporal, and the Commons, in this nedy where the Predecessor doth present Parliament assembled, and by the Authority of the same, That make a fraudulent if any Archbishop, Bishop, Dean, Archdeacon, Provost, Treasurer, Deed to defeat him Chaunter, Chancellor, Prebendary, or any other having any Dignity for Dilapidations. or Office in any Cathedral or Collegiate Church within this Realm; or 14 Eliz. c. 11, if any Parson, Vicar, or other Incumbent of any Ecclesiastical Living § 17. 1 Leon. 307. (1) This and the preceding Act, 1 Eliz. are merely restraining Acts, and do not render valid any Lease not confirmed according to Statute 32 Henry VIII. c. 28, (ante No. 1, in this Class,) or otherwise void.-Co. Lit. 45, a.-This is a public Act-it extends to the King, although not named.-Bacon, Abr. Leases, D. and Authorities there cited. whereunto do belong any House or Houses, or other Buildings, which by Law or Custom he is bound to keep and maintain in Reparation; do from henceforth make any Deed or Deeds of Gift or Alienation, or other like Conveyances of his moveable Goods or Chattels, to the Intent and Purpose aforesaid; That then the Successor and Successors of him that shall make such Deed or Deeds of Gift or Alienation, shall and may, commence Suit, and have such Remedy in any Court Ecclesiastical of this Realm competent for the Matter against him or them to whom such Deed or Deeds of Gift or Alienation shall be so made, for the Amendment and Reparation of so much of the said Dilapidations and Decays, or just Recompence for the same, as hath happened by his Fact or Default, in such sort as he might, should or ought lawfully to have, if he or they to whom such Deed or Deeds of Gift or Alienation shall be so made, were Executor or Executors of the Testament and last Will of him that made such Deed or Deeds of Cift or Alienation, or were Administrator or Administrators of his Goods or Chattels; any Law, Custom or other Thing to the contrary in any wise notwithstanding. No. 5. 13 Eliz. e. 10. 168, 171. sons may make Tithes, &c. III And for that long and unreasonable Leases made by Colleges, Deans and Chapters, Parsons, Vicars, and other having Spiritual Promotions, be the chiefest Causes of the Dilapidations and the Roll. 151, Decay of all Spiritual Livings and Hospitality, and the utter Impos ⚫verishing of all Successors Incumbents in the same;' Be it enacted by the Authority aforesaid, That from henceforth all Leases, Gifts, 408. Grants, Feoffments, Conveyances or Estates, to be made, had, done What Conveyor suffered by any Master and Fellows of any College, Dean and ances, and for what Chapter of any Cathedral or Collegiate Church, Master or Guardian Time Spiritual Per of any Hospital, (2) Parson, Vicar, or any other having any Spiritual of ther Lands, or Ecclesiastical Living, or any Houses, Lands, Tithes, Tenements or other Hereditaments, being any Parcel of the Possessions of any such College, Cathedral Church, Chapter, Hospital, Parsonage, Vicarage or 802. other Spiritual Promotion, or any ways appertaining or belonging to No new Lease to the same, or any of them, to any Person or Persons, Bodies Politick be made unless the or Corporate, (other than for the Term of one and twenty Years, or within three Years, three Lives, from the Time as any such Lease or Grant shall be made &c. or granted, whereupon the accustomed yearly Rent or more shall be 18 El. c. 11, §1. reserved and payable yearly during the said Term) shall be utterly void by 14 El. c. 11, and of none Effect, to all Intents, Constructions and Purposes; any extend to Leases § 17, &c. not to Law, Custom or Usage to the contrary any ways notwithstanding. which are otherwise provided for by that Statute. 1 Mod. 204. Cro. El. 430. Cro. Car. 259. Vaughan, 204. 4 Co. 261. Savil, 129. 2 Co. 46. 6 Co. 37. 11 Co. 67. 2 Mod. 56. Co. Lit. 44, a. b. Moor, 459, pl. 636. Goldsb. 171, pl. 102. 1 Brownl. 182. 8 Co. 70. Hob. 269. declared to include Bede Houses, &c. 14 Eliz. c. 14. 2 Bulstr. 305. Moor, 593, pl. first expires, &c. of Houses, and Le ses limited by IV. Provided nevertheless, and be it enacted by the Authority the private Staaforesaid, That this Act, nor any Thing therein contained, shall be tures of any Co!taken or construed to make good any Lease or other Grant to be made lege, by any such College or Collegiate Church within either of both the (2) By Stat. 14 Eliz. c. 16, (post No. 8,) it is enacted, that the Words "Master or Guardian" were intended and meant of all Hospitals, Maison Dieus, Bede Houses, and other Houses, ordained for the Sustentation and Relief of the Poor, and so shall be expounded. This Act extends to all Colleges, by whatever Name incorporated, whether temporal for the Advancement of the liberal Arts and Sciences, or mere ecclesiastical or mixed-and to all Hospitals, whether the Corporation be sole or aggregate.-Case of Magdalen College, 11 Co. 76. A Lease by Dean and Chapter cannot be vacated during the Continuance of the same Dean-but where there is a Chapter without a Dean, as the Chapter of the Collegiate Church of Southwell, a Lease not conformable to the Statute is void, ab initio.—3 Co. 60, Co. Lit. 45, 325.—Hardres, 326. No. 5. 13 Eliz. c. 10. New Leases made Universities of Oxford and Cambridge, or elsewhere within the Realm of England, for more Years than are limited by the private Statutes of the same College. V. Provided always, That this Act shall not extend to any Lease upon the Surren hereafter to be made upon Surrender of any Lease heretofore made, or der of old, or for- by Reason of any Covenant or Condition contained in any Lease mer Conveyances. heretofore made, and now continuing, so that the Lease to be made 1 Anders. 65. do not contain more Years than the Residue of the Years of the former Hob. 7. Lease now continuing shall be at the Time of such Lease hereafter to be made, nor any less Rent than is reserved in the said former Lease. [4 Co. 120. 5 Co. 14. continued by 1 Jac. 1. c. 25 & 21 Jac. 1. c. 28. to the End of the next Session of Parliament, and further continued by 16 Car. 1. c. 4.] 2 Roll. 401,416. 13 Eliz. c. 20, tee shall endure. No. 6. 13 Elizabeth, c. 20.-An Act touching Leases of Benefices, and other Ecclesiastical Livings with Cure.* HAT the Livings appointed for Ecclesiastical Ministers may not Dealings transiered How long the Be it enacted by the Authority of this present Parliament, That no Lease of a Bene Lease after the fifteenth Day of May next following the Beginning of this Parliament, to be made of any Benefice or Ecclesiastical Promotion with Cure, or any Part thereof, and not being impropriated, shall endure any longer than while the Lessor shall be ordinarily Resident and serving the Cure of such Benefice without Absence above fourscore Days in any one Year, but that every such Lease, so soon as it or any Part thereof shall come to any Possession or Use above forbidden, or immediately upon such Absence, shall cease and be void; and the Incumbent so offending shall for the same lose one Year's Profit of his said Benefice, to be distributed by the Ordinary among the Poor of the Parish: And that all Chargings of such Benefices, with Cure hereafter with any Pension, or with any Profit out of the same to be yielded or taken, hereafter to be made, other than Rents to be reserved upon Leases hereafter to be made according to the Meaning of this Act, shall be utterly void. The Parsons Lease to his Curate. II. Provided, That every Parson by the Laws of this Realm allowed to have two Benefices, may demise the one of them upon which he shall not then be most ordinarily resident, to his Curate only, that shall there serve the Cure for him; but such Lease shall endure no longer than during such Curate's Residence, without Absence above forty Davs in any one Year: This Act to continue to the End of the next Parliament. [3 Car. c. 4. made perpetual. Note, That in this Statute, these Words (so soon as it or any Part thereof shall come to any Possession or Use above forbidden, or) are Repealed. 14 Eliz. c. 11. $ 14 ] This Statute is repealed by 43 Geo. III. c. 84, § 10-but is inserted on No. 7. 14 Elizabeth, c. 11.-An Act for the Continuation, Explanation, Perfecting and Enlarging of divers Statutes. P. 14 Eliz c. 1 • XI. And where also in the said Parliament begun and holden at Westminster the said second Day of April, there was also one other Act and Statute made for the Avoiding of some Leases in 13 El. c. 20, certain Cases, to be made of Ecclesiastical Promotions with Cure, intituled, An Act touching Leases of Benefices and Ecclesiastical Linings with Cure, which Act was likewise made to continue to the End of the next Parliament. discontinued. XIV. Provided also, and be it enacted that these Words [So Certain Words soon as it or any Part thereof shall come to any Possession or Use contained in the ' above forbidden, or] which Words are contained in the said Statute Statute or made in the said thirteenth Year, touching Leases of Benefices, and 13 Eliz. c. 20, other Ecclesiastical Livings with Core, shall not be revived by this Act but remain discontinued, and shall from henceforth be omitted out of the said Act; any Thing in the said Act, or in this Act to the contrary notwithstanding. Co. 205. shall be void, XV. And where sundry evil-disposed Persons have defrauded ✦ the true Meaning of the said last mentioned Statute made in the said Bonds and Covethirteenth Year, by Bonds and Covenants of suffering other Persons pants for the ca to enjoy Ecclesiastical Livings, and the Fruits thereof, for that such joying of Leases • Bonds and Covenants are not in Law taken to be Leases, although 43 El. c. 9. indeed they amount to as much: Be it therefore enacted, That all 1 Bulstr. 112. Bonds, Contracts, Promises and Contracts, Promises and Covenants 3 Bulstr. 202. hereafter to be made for suffering or permitting any Person to enjoy Moor, 641,833.... any Benefice or Ecclesiastical Promotion with Cure, or to take Profits or Fruits thereof, other than such Bonds and Covenants as shail be made for Assurance of any Lease heretofore made, shall be to all Intents and Purposes adjudged of such Force and Validity and not otherwise, as Leases by the same Persons made of such Benefices and Ecclesiastical Promotions with Cure. Leases made by Curates, of beno XVI. And be it further declared and enacted, That all Leases, Bouds, Promises and Covenants of and concerning Benefices and fices, with Cure. Ecclesiastical Livings with Cure, to be made by any Curate, shall be of no other nor better Force, Validity or Continuance, than if the same had been made by the beneficed Person himself that demised, or shall demise the same to such Curate. XVII. And where in one other Act made in the said thirteenth 13 El. c. 10. Year, intituled, An Act against fraudulent Gifts, to the Intent to • defeat Dilapidations of Ecclesiastical Livings, and for Leases to be 'granted by Collegiate Churches, there is one Branch to avoid certain Leases to be made by Masters and Fellows of Colleges, Deans, and Chapters of Cathedral or Collegiate Churches, Masters or Guardians of any Hospital, or by any Parson, Vicar or any other, having any Spiritual or Ecclesiastical Living, Be it enacted, That the said Leases made of Branch, nor any Thing therein contained, shall not extend to any of Houses in Ci. Spiritual Persours Grant, Assurance or Lease of any Houses belonging to any the Per- ties or Corporate sons or Bodies Politick or Corporate aforesaid; nor to any Grounds to Towns. such Houses appertaining, which Houses be situate in any City, 1 Roll. 161. Borough, Town Corporate or Market-Town, or the Suburbs of any of them, but that all such Houses and Grounds may be granted, demised and assured, as by the Laws of this Realm, and the several Statutes of the said Colleges, Cathedral Churches and Hospitals, they lawfully might have been before the making of the said Statute, or lawfully 2 Leon. 188. |