Page:Ruffhead - The Statutes at Large - vol 2.djvu/245

 A. D. 1534. Anno viccfimo fl-.xto Henrici VIII. C. 3. 207 rhargcil ; ( z) (6 that every of the faiJ Arrhbifhops and Bifhop-, fliall be charged and chargeable for the 1 oi Lion of the laid yearly Rent and Penfton let and taxed within his own peculiar Diocese, and not XV. And be it a!fo enacted by Authority aforefaid, That every Archbifhop and Bifhop fhall have Power and ' Authority t<> levy, take and perceive, by Authority of the Cenfures of the Church, or by Diftrefs of Oth their Difcn tion, all fuch Sum i oi Money a i (hall b rated, taxed and let to go out of the Lands, !.' Tenements, Hereditaments, Profits and Emoluments of any Dignity, Offic, Benefice or oih:r Place ■ or Promotion fpiritual within their Diocefe, towards the Payment of the laid yearly Rem and Penfion.; , (2) and that no Replevin, Prohibition nor Suptrfedeas upon any Excommunication, nor any other Writ or impediment {hall be fued, allowed or obeyed, for any Perfori orPcrfons making Default of Payment of fuch Part and Portion as they fhall be rated and taxed unto by Authority of this Aft, till fuch Time as they have truly fatisficd their laid Part and Portion to them allotted of the faid yearly Rent and Penfion. XVI. And it is alfo enacted by Authority aforefaid, That whenfoevcr and as often as any of the Archbi- v/ho a fhopi icks or Bifhopricks happen to be void, that then the Dean and Chapiter of the Cathedral Church, or • the Prior and Convent, or Chapiter or Convent of the Monallcry or Cathedral Church, where the See of T in " : ol fuch Archbilboprick or Bifhoprick being void fhall happen to be, during the Time of the Vacation thereof, '£? "' *""•-'. and their Executors, Adminilrrators and Poflbffions, inall be charged and chargeable to do and caufc to be r ' C done all and every Thing and Things for the due Execution of this Act, within the Diocefe ol" fuch Arch- biihoprick or Biftioprick being void, as the fame Archbifhop or Bifhop of the See, being void, fhould have done, according as it is limited and appointed by this Act, or by any Thing therein contained; XVII. And it is ordained and enadted by Authority aforefaid, That if any Sum of Money being once due The P:na!ty for by any Incumbent of any the Dignities, Benefices or Promotions fpiritual afore fpecified, charged to the Default Payment of the faid yearly Penfion and annual Rent, be reafonably demanded and required any Time mentof after the faid Feaft of the Nativity of our Lord, at their Dignities, Monafteries, Priories, Hofpitals, Col- lP' c '.'' leges, Churches, Chauntcries or Houfes, by the Archbifhop or Bifhop, or fuch as fhall be charged with °° r 541 ' the Collection of any Part of the faid Pennon, or by any other their Minifters, Servants or Officers, to pay fuch Portion of the faid Penfton and yearly Rent, as they fhall be taxed and afielled unto, be not truly contented and paid unto fuch Archbifhop or Bifhop, or their Minifters and Officers, and to fuch other Per- fon or Pcrfons, or their Minifters or Servants, as fhall have the Charge of Collection thereof every Year yearly, at the Time of fuch Requeft and Demand thereof, or elfe within forty Days next after every fuch Requeft at the fartheft ; that then every Incumbent making fuch Default of Payment, after fuch Default thereof certified into the King's Exchequer in Writing under the Seals of any Archbifhop or Bifhop, or of fuch as be limited and charged to the Collection of the faid Penfion by this Ait, fhall be adjudged deprived ipfofaSlo of all fuch Dignities, Benefices, Penfions and Promotions fpiritual, as any fuch Incumbent, ma- Altered by 2 «.- j king fuch Default, fhall have at the Time of fuch Certificate to be made, or at any Time after; (2) fo Ed.6. c »o. that all fuch Dignities, Benefices, Penfions and Promotions fpiritual, which any Incumbent, making fuch §• 3- Default of Payment fliall have at the Time of any fuch Certificate to be made, or at any Time after, fhall '""^l?" be clearly void and deftitute of Incumbent in the Law, to all Intents and Purpofes, as if fuch Incumbent, making fuch Default of Payment, were dead indeed. XVIII. And it is ordained and enacted by Authority aforefaid, That if any Archbifhop or Bifhop, or any The BW.op m;. other, limited and charged by this Act to the Collection and Payment of the faid Penfion and annual Rent, king a Ccrtifi- do make a Certificate unto the King's Exchequer before the faid firftDay of April, or at any Time within rate of an y In - four and twenty Days next after the faid firft Day of April, that they according to this Act have reafonably c ^ mbcnC < ""'. t - required and demanded any Incumbent of any Dignity, Benefice or Promotion fpiritual, chargeable by this Tenths fliall'be Ad, to pay fuch Part or Portion of the faid Penfion and annual Rent, as they fhall happen to be aifcfTed difcharged there- unto, and that fuch Incumbent, fo being required, hath not paid his faid Part and Portion according to of. the Form and Effect of this Act ; that then every fuch Archbifhop and Bifhon, and every other Perfon 7 EJ - p - c - *• having the Charge by this Act for Collection and Payment of the faid Penfion and annual Rent, upon ^ v '' every fuch Certificate, fhall be difcharged and acquitted for ever againft the King, his Heirs and Succcf- "* ' lors, of and for all fuch Sums of Money as any fuch Incumbent, againft whom fuch Certificate fhall be made, fhould or ought to have paid ry this Act ; (2) and that then in every fuch Cafe the Treafurer, p rrce f s fl, a u ; JC Chancellor, Chamberlain and Barons of the King's Exchequer, fliall devife and direct, upon every fuch a ■ ,>. Certificate, fuch Procefs out of the King's Exchequer againft every fuch Incumbent, againft whom any fuch tn = Refute 10 Certificate fhall be made, and their Executors and Admirnftrators, or for Insufficiency of them, againft p«y '^"Tenths, the SuccefTors of every fuch Incumbent, whereby the King's Highnefs, his Heirs and Succellbrs, fhall and may be truly anfvvered, paid and contented of fuch Portion and Part, as the Incumbent againft whom any >ueh Certificate fhall be made, was taxed and alielled for his Dignities, Benefices or Promotion fpiritual chargeable by this Act. XIX. And it is alfo ordained and enacted. by Authority aforefaid, That all Maimer of Acquittances made Whofe Acqni ■ by the Treafurer of the King's Chamber, or by any other fuch Commiflioners as fhall be appointed as is J?" r c f s ""H. br a aforefaid, to receive the faid Penfion, or any Part thereof, and fubferibed with the Name of the faid Trea- th» Pav^e t f lurer, or any other fuch Commiffioner, for the Payment of the faid Penfion or annual Rent, or any Part the Tenths. thereof, to any fuch Perfon or Perfons as be limited and charged with the Collection thereof, fliall be of as good Strength, Force, Virtue and Effect to the Parties having the fame, as if they were made in the King's Name, under his Great Seal, and fo fhall be allowed, admitted and accepted in all Courts of this Realm; (2) and that the Treafurer, Chancellor, Chamberlain and Barons of the King's Exchequer, fhall, by Virtue and Authority of this Act, as well admit and allow fuch Acquittances, as a]l fuch Certificates as fhall be made againft any Incumbent for Default of Payment, as is above faid, upon the Account of every Archbifhop and Bifliop, and of every other Perfon limited and charged by this Act for the Collection and Payment