Page:Ruffhead - The Statutes at Large - vol 2.djvu/184

 146 C. 13. Anno vicefimo primo Henrici VIII. A. D. 1529. covered as is above faid, and fuch Licence or Difpenfation fo procured, or to be. put in Execution, to be void and of none Effect. »8 H. 8. c 13. XXVIII. Provided alway, That this Act of Non-refidence fhall not in any wife extend,^ ne be prejudi- What Spiritual c; a i to anv f ucn Spiritual Perfon as fhall chance to be in the King's Service beyond the Sea, nor to any Perfons-may be p er f on or Perfons going to any Pilgrimage or holy Place beyond the Sea, during the Time that they fhall R-fld-nce °and fo be in the King's Service, or in their Pilgrimages going and returning Home; (2) nor to any Scholar or by whit Means. Scholars being converfant and abiding for Study, without Fraud or Covin, at any Univerfity within this 25 H. 8. c iS. R ea lm 3 or without; (3) nor to any of the Chaplains of the King's or Queen's, daily or quarterly attend- 33 H. S. c. 28. j n g anc j abiding in the King's or Queen's moft honourable Houfholds; (4) nor to any of the Chap- lains of the Prince or Princefs, or any of the King's or Queen's Children, Brethren or Sifters, attending daily in their honourable Houfholds, during fo long as they fhall attend in any of their faid Houfholds j fc) nor to any Chaplain of any Archbifhop or Bifhop, or of any Spiritual or Temporal Lords of the Parliament, daily attending, abiding, and remaining in any of their honourable Houfholds; (6) nor to any Chaplain of any Duchefs, Marquefs, Counters, Vifcountefs, or Baronefs, attending daily, and abiding in any of their honourable Houfholds; (7) nor to any Chaplain of the Lord Chancellor or Treafurer of See 25 H. 8. c. £ n gl a nd, the King's Chamberlain, or Steward of his Houfhold for the time being, the Treafurer and Cha Gains' of Comptroller of the King's moft honourable Houfhold for the time being, attending daily in any of their tuefgef or of the honourable Houfholds; (8) nor to any Chaplain of any of the Knights of the honourable Order of the Attorney or So- Garter, or of the Chief Juftice of the King's Bench, Warden of the Ports, or alfo of the Mafter of the lkitor General; R ]] s; nor to any Chaplain of the King's Secretary, and Dean of the Chapel, Amner for the time being, ana »8 H. 8. daily attending and dwelling in any their Houfholds, during the Time that any fuch Chaplain or Chap- StudVnt'sin ei- ° la ' ns fhall abide and dwell, without Fraud or Covin, in any of the faid honourable Houfholds; (9) nor to ther Univerfity; the Mafter of the Rolls, or Dean of the Arches, nor to any Chancellor or Commiffary of any Archbifhop and 33 H. 8. or Bifhop; r.or to as many of the Twelve Mafters of the Chancery, and Twelve Advocates of the Arches, c. zS. as to as b e or hereafter foall be Spiritual Men, during fo long Time as they fhall occupy their faid Rooms and Chaplains^) the Qflj ces . ( I0 ) nor t0 all y f uc h Spiritual Perfons as fhall happen by Injunction of the Lord Chancellor, or the Duchy of Lan- King's Council, to be bound to any daily Appearance and Attendance to anfwer to the Law, during the cafter, &c. Time of fuch Injunction. The King's XXIX. Provided alfo, That it fhall be lawful to every Spiritual Perfon or Perfons, being Chaplains tr> Licence of the King our Sovereign Lord, to whom it fhall pieafe his Highnefs to give any Benefices or Promotions Spi- Non-refidence. r 'tual, to what Number foever it be, to accept and take the fame, without incurring the Danger, Penalty, and Forfeiture in this Eftatute comprifed; (2) and that alfo it fhall be lawful to the King's Highnefs, to, give Licence to every of his own Chaplains for Non-refidence upon their Benefices; any Thing in this pre- fent Act contained to the contrary notwithftanding. No Spiritual XXX. And be it further enacted by the Authority aforefaid, That no Spiritual Perfon, Secular or Re— Perfon beneficed g u l a r, beneficed with Cure, as is afore rehearfed, from the Feaft of St. Michael the Archangel next coming, with Cure (hall by Authority of any Manner Licence, Difpenfation, or otherwife, fhall take any particular Stipend, or any Parfonage Salary to fing for any Soul, nor have nor occupy by himfelf, or by any other to his Ufe, any Parfonage or or Vicarage. Vicarage in Ferm, of the Leafe or Grant of any Perfon or Perfons, nor take any Profit or Rent out of any fuch Ferm, (2) upon Pain to forfeit xl.s. for every fuch Week that he, or any to his Ufe, fhall occupy or have any fuch Stipend to Ferm contrary to this prefent Act, and upon Pain to lofe Ten Times the Value- of fuch Profit or Rent as he fhall take out of any fuch Ferm after the faid Feaft; (3) the one Half of fuch Forfeitures to be to the King our Sovereign Lord, and the other Moiety to him that will fue for the fame by Original Writ, Bill, Plaint of Debt, or by Information in any of the King's Courts, in which Suit and Action no Wager of Law fhall be admitted for the Defendant, nor any EfToin or Protection allowed. Promotions not XXXI. Provided alway, That no Deanry, Archdeaconry, Chancellorfhip, Treafurerfhip, Chanterfhip,- accounted Bene- or p re bend in any Cathedral or Collegiate Church, nor Parfonage that hath a Vicar indued, nor any Bene- ""nJ'ic- U ' e ' r ' ce P er P etua Uy appropriate, be taken or comprehended under the Name of Benefice having Cure of Soul in t, ",, '. .< .', any Article afore fpecified. Peifon'inaU XXXII. Provided alfo, and be it enacted by the Authority aforefaid, That no Spiritual Perfon or Perfons, keep a Tan- Regular or Secular, of what Eftate, Degree, or Condition foever he or they be, from the Firft Day of houfe or Brew- April next coming, have, ufe, or keep by him or themfelves, or by any Perfon or Perfons to his or their hoofe. Ufe or Commodity, any Manner of Tan-houfe or Tan-houfes, to be ufed or occupied to his or their own Ufe, Commodity, or Behoof; (2) nor from the faid Firft Day of April next coming, fhall have, ufe, or keep any Manner of Brew-houfe, or Brew-houfes, to any other Ufe, Intent, or Behoof, than only to be fpent and occupied in his or their own Houfes, (3) upon Pain to forfeit for every Month fo ufing and oc- cupying any of the faid Myftei ies or Occupations, x. li. (4) The one Moiety thereof to the King our Sovereign Lord, and the other Moiety to him that will fue for the fame by Original Writ, Bill, Plaint of Debt, or Information in any of the King's Courts, in which Action and Suit no Wager of Law fhall be admitted for the Defendant, ne any EfToin or Protection allowed. The Chaplains XXXIII. Provided always, That every Duchefs, Marquefs, Countefs, Baronefs, Widows, which have of a Duchefs, taken, or that_ hereafter fhall take any Hufbands under the Degree of a Baron, may take fuch Number of & f- w jy c J} na y e Chaplains, as is above limited to them being Widows; and that every fuch Chaplain may purchafe Licence taite? " to have and take fuch Number of Benefices with Cure of Soul, and have like Liberty of Non-refidence, in Manner and Form as they might have done, if their faid Ladies and MiftrelTes had kept themfelves Wi- dows; any Thing in this prefent Act contained to the contrary notwithftanding. Spiritual Per- XXXI V . Provided always, That every Spiritual Perfon or Perfons having Lands, Tenements, or other fuffic'ient of their P°"" effi . OIls m . the Right of their Houfes, above the yearly Value of Eight hundred Marks, may keep and* cwn Land to retain in their Occupation and Manurance, as much of their faid Lands and Tenements, and other Pof- inamtain their feffions, as fhall be neceflary and fufficient forPafturage of their Cattle, and for Tillage of Corn, to be em- Louies. 4 ployed