Page:Ruffhead - The Statutes at Large - vol 2.djvu/209

 A. D. 1531. Anno viccfimo tcrtio He n r i c i VIII. C. 10. 171 Iir. And except alio it (1 rorCaufc< I! iry Judge or Judges of the D •' t V'.<n$ 11, or by any of his Subltituo i, Officci, 01 there full ' Archbifho| i fu- tion, within whofc Provim , or other linary dare not, Party to fued bcl ire him; (3) or in [hop of 1 ce, within whofe Jurifdidion, or before whom lit by this Ad fliould be 1 uted, be Party directly or indirectly to the M ie fame Suit ; (4) 01 in cafi that any Bifhop, 01 n Judge, ha furif- by Commifli Bifhop. 01 other I Ordinary or Judge, to take, treat, < amine, or determine the Matter before h Subftitutcs, and that to be aon< in Cafes only where the Law Civil or Canon doth affirm ). CUtion ol fu< or Inftance of Jurifdi£Hon, to be lawful or tolerable: (6) upon P. by any Ordinary, Commiflary, Official, or Subftitute, by Virtue ol his Office, or at the * n ° ru Suit of any Perfon to he cited, or otherwifc fummoned, or called contrary to this Ad, of double Damages '. . ami Ceils for the Vexation in that Behalf fuftained, to be recovered againfl any fuch Ordinary, Commif- tuiiSti 1 11 y, Archdeacon, Official, or other Judge, as (hall award or make Procefs, or otherwifc attempt or pro- < nre to d<> any Tiling contrary to this Act, by Adion of Debt, or Adion upon the Cafe, according to the Courfe of the Common Law of this Realm in any of the King's high Court;, or in any other competent Temporal Court of Record, by original Writ of Dehr, Bill, or Plaint ; (7) in which Adion, no Protec- tion, other than fuch as fhall be made under the King's Great Seal, and figned with his Sign Manual, {hall be allowed, neither any "Wager of Law, nor Eflbin fhall be admitted; (S) and upon Pain of Forfeiture for every Perfon fo fummoned, cited, or othcrwife called (as is abovefaid) to anfwer before any Spiritual Judge out of the Dioccfe, or other Jurifdidion where the faid Perfon fo dwelleth, or is rcfident or abiding, x. It. Sterling ; the one Half thereof to be to the King our Sovereign Lord, and the other Half to any Per- fon that will fuc for the fame in any of the King's faid Courts, or in any other the faid Temporal Courts, by Writ, Information, Bill, or Plaint; (9) in which Adion no Protection (hall be allowed, nor Wager of Law or Eflbin fhall be admitted. An AaUiflop IV. Provided always, That it (hall be lawful to every Archbifhop of this Realm to call, cite, and fum- may cue for He; moil any Perfon or Pcrfons inhabiting or dwelling in any Bifhop's Dioccfe within his Province, for Caufes rcfyin mother of Herefy, if the Bifhop or other Ordinary immediate thereunto confent, or if that the fame Bifhop, or B.JW - ;. Dioccfe. other immediate Ordinary or Judge do not his Duty in Punifhment of the fame. 3 '' 43- V. Provided alfo, That this Act fhall not extend in any wife to the Prerogative of the moft Reverend p r oVifofor 5 iiie Father in God the Archbifhop of Canterbury, or any of his Succeflbrs, of or for calling any Perfon or Per- Probate of Tef- fons out of the Dioccfe where he or they be inhabiting, dwelling, or rcfident, for Probate of any Tefta- taircnts in the ment or Teftaments ; any Thing in this Ad contained to the contrary notwithstanding. Province 01 Can* VI. And be it further enaded by Authority aforcfaid, That no Archbifhop, nor Bifhop, Ordinary, Of- The U Fces for th ftcial, Commiflary, or any other Subftitute or Minifter of any of the faid Archbifhops, Bifhops, Arch- seal f a Ciu- deacons, or other having any Spiritual Jurifdidion, at any Time from the Feaft of Eq/hr next coming, tion. ftiall afk, demand, take, or receive of any of the King's Subjeds, any Sum or Sums of Money for the Seal of any Citation, after the faid Feaft to be awarded or obtained, than only tit. d. Sterling, upon the Pains and Penalties before limited, contained, and expreffed in this prefent Ad, to be in like Form recovered, as is aforefaid. VII. Provided always, That this Ad: be not in any wife hurtful or prejudicial to the Archbifhop of York, Provifofonne nor to his Succeflbrs, of, for, or concerning Probate of Teftaments within his Province and Jurifdidion, Pt0 ' ,aM ?' J*-- by Reafon of any Prerogative ; any thing in this Ad to the contrary thereof notwithftanding. Prorin' York. Rep. 1 & 2 Ph. & M. c. 8. Revived by i El, c. i, (. ::, CAP. X. An Act for Feoffments and AfTurances of Lands and Tenements made to the Uft of any Parifh Church, Chapel, or fuch like. c TT7Hcre by Reafon of Feoffments, Fines, Recoveries, and other Fftates, and AfTurances, made of Feoftmen ' W Trufts, of Manors, Lands, Tenements, and Hereditaments, to the Ui'e of Parifh Churches, Cha- Affurmi ' made of Devotion, or by common Aflentofthe People without any Corporation, and alio by Reafon of Mulches Com* ' Feoffments, Fines, Recoveries, Wills, and other Ads made to any Ufes aforefaid, or tothe Ufes and In- monalties, &c. ' tents to have Obites perpetual, or a continual Service of a Prieft forever, or for Thrcefcore, or Four- found .-rcjudici;: ' fcore Years, founden of the Iflues and Profits of the Manors, Lands, Tenements, and Hereditaments, "; tlic King and • whereof fuch Feoffments, Fines, Recoveries, Wills, and other Ads been made, or that the Feoffees, h >s Siikje^Ois. ' gH. J./af. i. ' and Intents; there groweth and iflueth to the King our Sovereign Lord, and to other Lords and Subjects ; } lS - E "'- 3- ' of the Realm, the fame like Lofles and Inconveniencies, and is as much prejudicial to them, as doth, and ,. r.'s, c. ,. 1 is, in Cafe where Lands be aliened into Mortmain :' II. Be it therefore enaded by the King our Sovereign Lord, the Lords Spiritual and Temporal, and the Afiurances of Commons, in this prefent Parliament ailembled, and by Authority of the fame, That all and every fuch L^ Z 2 'Ufes, churchc5 . cl '»-
 * pels, Church-Wardens, Guilds, Fraternities, Comminalties, Companies, or Brothcrheads ereded and La «^> J cnc_