Page:Ruffhead - The Statutes at Large - vol 2.djvu/328

 290 C. 22, Anno triced mo fecundo Hen ric i VIII. A. D. 1540^ ' been fince that Time utterly diflblved and extinfted ; (3) and alfo many Prebends, Parfonages and Vica- ' rages, been double certified by the faid Commifiioners, and fome certified to be in Places where none fuch ' be in rertim natura, and fome by wrong Names or otherwife mifcertified ; (4) and alio fome Parts of the ' Profits and Emoluments, which did then belong to fome Dignities, Parfonages, Vicarages, Cathedral ' Churches and Collegiate Churches, as in Proxies, Synodals, Oblations and Indulgences, Pardons and ' other Profits, been now decayed and diminifhed by fundry Means, and many Chaunteries, and other ' final! Promotions fpiritual, been fmce that Time decayed and extinguifhed, and no Priefts thereon 56 fi. 8, c. 3. ' IV. And alfo fith the making of the faid A<£t, made in the faid fix and twentieth Year, there have been ' Affurances made to your Majefty by fome of the faid Archbifhops and Bifhops, of Parcels of their Pof- ' feifions charged with the faid Rent or Penfion, and Parcel of the faid Poffeffions charged with the Payment ' of the faid yearly Rent or Penfion been come to your Hands by other lawful Means ; (z) by reafon where- ' of, and of many other Caufes, Doubts and Ambiguities, which do daily rife concerning the PremilTes, ' th-.* faid Collectors cannot levy the faid yearly Pv.ents or Pennons concerning many Promotions or Profits ' fpiritual, certified in your faid Exchequer by the faid Commifiioners; (3) and yet that notwithftandin<-- ' the faid Archbifhops and Bifhops, for lack of fufficient Warrant and Authority to the Barons of your faid ' Exchequer for their Difcharge in that Behalf, been greatly prolonged and letted in yielding of their Ac- ' compts in your faid Exchequer of the faid annual Rent or Penfion, and put to great Cofts and Charges, ' to their great Inquietnefs, .Charges, Loffes and Troubles,, where they have nothing allowed them, or to ' any of their Officers, for the Collecting, Levying, Gathering or Paying of the faid annual Rents or Pen-. ' fions to the Ufe of your Highnefs :' ifaBi/hopor V. It may therefore pleafe your Highnefs, with the Affent of the Lords Spiritual and Temporal, and the "T* lit it Commons, in this prefent Parliament affembled, and by th// Authority of the fame, that it be enacted by his Oath that the Authority aforefaid, That if the faid Archbifhops and Bifhops, or any of them, their Deputies or other he cannot levy Accomptants, or any of them, that now be or hereafter fliall be chargeable with the Collection of the faid the Tenth of annual Rent or Penfion, or of any Part or Portion thereof, fhew and alledge, by the Oath of any of the t ny l ??'? ot y?' f a 'd Archbifhops, Bifhops or other Accomptants, or any other Perfon or Perfons authorized to accompt for shared thereof zn Y °^ them, before the Treafurer, Chancellor and Barons of your Exchequer, or before the more Part of them, or before fuch other Perfons as it fhall pleafe the King's Highnefs to appoint to hear the fame Ac-: compt, that they or any of them for any of the Caufes abovefaid, or for any other fufficient Caufe or Mat- ter by any of them to be alledged, cannot or may not in any wife lawfully levy fuch particular Sum or Sums of Money of the faid annpal Rent or Penfion, as they or any of them now be, or hereafter fliall be charge- able and charged with, and no Matter apparent there fhewed to the contrary for your Highnefs by any of your Serjeants at the Law, or by your Attorney General for the Time being, or by any other for your Ma- jefty ; that then your faid Treafurer, Chancellor and Barons, or the more Part of them, or fuch other Per- fons as fhall be appointed by the King's Highnefs, fhall, by Virtue and Authority of this Act, have full Power and Authority by thejr Difcretions, to accept and allow that Allegation, and thereupon thereof to difcharge the Accomptant, ^2) or elfe by their Difcretions to direct the King's Writ unto any of the King's Courts, for to certify unto them the Truth thereof; (3) and thereupon the faid Treafurer, Chan- cellor and Barons, or the more Part of them, or fuch Perfons as fliall be thereunto appointed by the King's Highnefs, further to hear and examine the fame Matter and Caufe, by Witnefs and Depofitions of fuch as can inform the Court, or the faid other Perfons as fhall be thereunto appointed by the King's Highnefs, of the Truth thereof, or by any other Ways and Means that they can belt devife ; (4) and if need require, to award Commiffions by their Difcretions to certain indifferent Perfons in every fuch Diocefe, where any fuch Matter or Caufe fhall be alledged, without any Charge Afking or Taking for the making of the fame Com- miffions fo to be awarded ; (5) which faid Commifiioners fhall and may, by Virtue of their Commiffions, have full Power and Authority to examine the fame Matter and Caufe fo alledged by any of the faid Bifhops, or other Accomptants for them, and in their Difcharge, by the Oaths of fuch Perfons as fliall have perfect Notice thereof, or otherwife, and thereupon to make Certificate thereof to the faid Treafurer, Chancellor and Barons, or to the more Part of them in the faid Exchequer, or to fuch other Perfons as thereunto fhall be appointed by the King's Highnefs. Comm'flions ' VI. And upon Certificate fo made of the faid Matter, or if by any other Matter or Certificate it fhall ap- may beawarded p ear to the faid Treafurer, Chancellor and Barons, or to the more Part of them, or to fuch other Perfons as Ca'ife U 'fV he hereunto fhall be appointed by the King's Highnefs, that the faid Matter, and the Allegations thereof be Tenth°defaikcd. g°°d and true; then the faid Treafurer, Chancellor and Barons, or the more Part of them, or the faid fuch other Perfons as thereunto fhall be appointed by the King's Highnefs, thereupon to make a clear and fuffi- cient Deduction, Allowance, Determination and Difcharge to any of the faid Archbifhops, Bifhops, and other Accomptants, and to every of them, of and for the fame, without further Suit or Delay, (2) and the fame Allowance and Difcharge to caufe to be entered in that Court, there to remain of Record, as by their Difcretions fliall be thought requifite from Time to Time, without further Suit, Charge, or other in- quieting of any of the faid Archbifhops, Bifhops, or other Accomptants, or any of them, or any of the Succefibrs or Executors of any of them in that Behalf. .A Mean bow the VII. And that it may be further enacted by the Authority aforefaid, That in cafe it be hereafter certified King (hall be by Commiffion, or otherwife by fufficient and probable WitnefTes had and found, before the faid Treafurer, anfwered of the Chancellor and Barons, or before the more Part of them, or before fuch other Perfons as thereunto fliall be Spiritual Llvlnn a PP 0lnte d by the King's Highnefs, that any Benefice, Chantery, Hofpital, or other Ecclefiaftical Promo- bein' omitted in tian, is omitted, and not fpecified, or not certified by or in the faid Original, or former Certificate ; that the former Cer- then upon due Proof, Information, Knowledge, or Certificate thereof by any of the faid Archbilhops or tificate. Bifhops, or otherwife, made or declared before the faid Treafurer, Chancellor or Barons, or before the more Part of them, or before fuch other Perfon or Perfons as thereunto fhall be appointed by the King s 3 High-
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