Page:Ruffhead - The Statutes at Large - vol 2.djvu/293

 A. D. .53°« Anno vicefimo oftavo Hen rici VIII. C. ir. 255 Uv'l May laft pa(r, 1: Jo perceive, receive or - ' tak'- the Fruits, Tith' . I . Oblations, Emolurti, growing or !•• 1 'iiging, or which hereafter l'i . any Arch I iry, Prebend, P , HeJpital, Wa 01 other 9]-»irittinl I , Dignity ->r Office (Chaunteries only excepted) within this:. lui ;ng the Vacation Par- ' ardenfnip, .' . . or (Clnunteri ptcd) and th* fame, upo i be I ,'< r, rcftorc, : next Incumbent b ing lawfully inftitut d, -i, ' to I h •■ h ii >nry, Deanry, Prebend, ] irfo thor Promotion, Be fpiritual, cxccpl before excepti I, oi let oi in I id Incumbent to '■ the fain n eve y Archbifhop, Bifliop, Archdeacon, Ordinary or other Perfon fo doing, (hall . lofc the treble Value of fo much as he (hall then have rcceii, ants of every Prebend, Par- ■, Vicarage, Mofpital, Wardcnfhip, Provoftfliip or other Spiritual Promotion, whereof he fo (ball oi detain, let or interrupt the Incumb and have the Fruits, Tith lion-;, Oblation, I m'oluments, Commodities, Revenues, Rents, Advantages, Profits or Cafualties ; (2) the Moiety of which Forfeiture (hall be to the King our Sovereign Lord, and the other Moiety thereof to the Incumbent of the fame Prebend, Parfonage orVTcafage, or other Spiritual Promotion, to be reco- vered in any of the King's Courts, by Aftion, Bill, Plaint, Information or otherwife, in which Action or Suit the Defendant Hull not be admitted to wage hij Law, nor any Protection or ElToin flia.ll be unto the mf allowed. V. Provided alway, That it fiiall be lawful to every Archbifliop, Bifhop, Archdeacon and Ordinary, whatPirtof th'eir Officers and Miniftcrs, to retain in his or th ir Cuftody fo much of the Tithes, Fruits, Obventions, the Fruits of » OMatT&ns, Emoluments, Commodities, Advantages, Rents, Revenues, Cafualties and Profits, as fhall J ) '- nc '" lcc ll,e 0r " ami inn to pay unto Inch Perfon or Pcrfons, as hath or fiiall fcrve or keep the Cure of fuch Archdeaconry, tJ ' ; n n J1 ? ™* "' Deanry, Prebend, Pa' fonagc or Vicarage, or other Spiritual Promotion, during the Vacation, his or their H.mds, and for reafonablc Stipend or Salary; (2) and alfo for the Collection, Gathering and Levying of fuch Tithes, what Caufci. Fruits, Env luments, Rents and other Profits rifing and growing during the Vacation aforefaid ; any Thing in this Aft contained to the contrary in any wile notwithstanding. VI. Provided alio, and be it further enafted by the Authority aforefaid, That in cafe any of the Incum- Incurpbcntc may- bents aforefaid happen to die, and before his Death hath caufed any of his Glebe Lands to be manured declare their and Town at his proper Colls and Charges with any Coin or Grain ; that then in that Cafe, all and every of ^ Vllls of a "' the fame Incumbents may make and declare their Tcftaments of all the Profits of the Corn growing upon .l ™ °*" £ ■ 1 r • 1 /~,i it 1 r 1 ^ r t-i • 1 ■ i • r a o • T • 1 *hcm upon their the laid Clebe Lands lo manured and (own ; any I lung contained in this prelent Act in any wile notwith- Glebe Lands, ftanding. ' VII. And where alfo before this Time divers and many Parfons, Vicars and other Spiritual Pcrfons, be- ' or Part thereof, unto divers and many of the King's Subjects, and after fuch Leafes by them fo made, the ' Leffbrs thereof have oftentimes ufed to refign their faid Benefices or Spiritual Promotions fo demifed and ' Jetten in Ferm ; by reafon of which Refignation and other Aftsof the laid Leflbrs, the faid Benefices and 4 annihilate, and of none EfFeft in the Law, contrary to Right and good Conference : (2) For Reformation it enafted by Authority of this prefent Parliament, That from the forefaid firft Day of May laft paft, no if a Spiritual manner of fuch Leafe, by fufficient Writing heretofore made, nor hereafter to be made, by any Spiritual Perfon do demife Perfon within this Realm oi England, TVales, or the Marches of the fame, to any lay Perfon, of any Par- his Benefice for fonagc, Vicarage or other Spiritual Promotion aforefaid, within this Realm, upon which Leafe the Rent ^"w-n " n ' and Services referved, with other the yearly Charges of the Leafe, as in ferving the Cure and otherwife, die, how long Ihall amount within forty Shillings by the Year of as much as the (aid Parfonage, Vicarage or other fpi- the Lefice may- ritual Promotion aforefaid, fo letten, is rated and valued at upon the King's Books, for paying the Firft- enjoyit. fruits, (hall be adjudged void, annihilate or determined, by reafon of any fuch Refignation, or other Avoid- plf^ffl ' ** ance of the faid Benefice or Spiritual Promotion fo letten, by the only Aft of the faid LefTor; (3) but that every fuch Lefiee or Grantee of < y fuch Benefices or Spiritual Promotions aforefaid, their Executors or Affigns, (hall have and may enjoy their Terms and Interefts of and in the fame, for the Term of fix Years, to be accounted next and immediately after the faid Avoidance, if the laid LefTor do fo long live, and the Leafe fo by him before made do fo long continue and endure ; (4) and that after fuch Avoidance, the Suc- ceflbr or SuccefTors of every fuch LefTor fhall and may diftrain for the Rent and Services Co referved, and have their Aftions of Debt and all other Advantages by way of Aftion, Entry or otherwife, agafnft the faitl LelTee, his Executors or Affigns, for Recovery of the faid Rent and Covenants upon the faid Leafe referved, as the LefTor thereof might have had if no fuch Avoidance had been had. VIII. And further be it enafted by the Authority aforefaid, That if hereafter it happeD any fuch LefTor to deceafe and die before the End of the Term by him fo made, and that (here be one Year at leaft to come of the faid Term, that then it fhall be lawful to the LefTee thereof, his Executors or Affigns, to hold and en- joy their faid Leafe to the End of the fame Year, wherein he is fo entered at the Time of his faid L. fTor's Death, if his faid Leafe do fo long continue, bearing and paying unto the Succeflbr of every fuch Le:T. r all Inch Rent and Services, as for the Remnant of the faid Year fhall upon every fuch Leafe be due ; for the Recovery whereof the faid SuccelTor (hall and may have all fuch Ways and Advantages as before is limited and given to the Succeflbr, where his PredecelTor maketh fuch Leafe, and refigneth. IX. Pro-
 * ing feifed for Term of their Lives, of ,.nd in the laid Spiritual Promotions aforenamed, as well for great
 * Sums of Money to them beforehand paid, as for other Caufes and Considerations, have let in Ferm for
 * Term of Years, by fufficient Writings, their faid Parfonages, Vicarages and other Spiritual Promotions,
 * other Spiritual Promotions have been void, and the Title and Interefts of the faid Lefiees hath been thereby
 * whereof, and for a Qtiietnefs the better hereafter to be had and continued between the King's Subjefts,' Be