Page:Ruffhead - The Statutes at Large - vol 2.djvu/384

 ^46 C. 20. Anno xxxiv & xxxv Henrici VIII. A. D. 1542-3. be paid toBi- Lands, Tenements, Parfonages, Benefices, or other Hereditaments of any the faid late Monafteries or Ec- flicps, Arch- clefiaftical Houfes or Places, or belonging to them or any of them, by the King's Highnefs Gift, Grant, deacons, &c. g^ Exchange or otherwifc, out of which Premiffes any fuch Portions, Pennons, Corrodies, Indemnities, «?thet-a"r Pie " Synodies, Proxies or any other Profits, have been heretofore lawfully going out, anfwered or paid to any Lands. " of the Archbifhops, Bifhops, Archdeacons and other Ecclefiaftical Perfons abovefaid, do, at any Time af- ter the fir ft Day of April next coming, wilfully deny the Payment thereof, at the Days of Payment here- tofore accuftomed, of any of the faid Pennons, Portions, Corrodies, Indemnities, Synodies, Proxies or any other Profits, whereof the faid Archbifhops, Bifhops, Archdeacons or other Ecclefiaftical Perfons were in Pbfieffion at or within ten Years next before the Time of the DiiTolution of any fuch Monafteries or other Ecclefiaftical Houfes or Places ; that then it fhall be lawful for the fame Archbifhops, Bifhops, Archdeacons or other Ecclefiaftical Perfons aforefaid, being fo denied to be fatisfied and paid thereof, and having Right to the fame Thing in Demand, to make fuch Procefs as well againft every fuch Perfon and Perfons as fhall fo deny Payment of the fame Penfions, Portions, Corrodies, Proxies, Indemnities, Synodies or any other Profits which of Right ought to be paid, as is afore faid, as againft the Church or Churches charged with the fame, as heretofore they have lawfully done, and as by and according to the Laws and Statutes of this Realm they may now lawfully do, for the true Payment and Recovery thereof; (z) and if the Party De- fendant be lav/fully convicT: in any fuch Suit, Caufe or Matter, according to the Ecclefiaftical Laws, then the Party Plaintiff" fhall have and recover againft the Party Defendant the Thing in Demand, and the Va- lue thereof in Damages, with his Cofts for his Suit. ■fh» -Remedy if V. And be it further ordained and enacted by the Authority aforefaid, That if it fortune the Caufe or the~Matter be Matter of Variance between any of the faid Parties be^ determinable at the Common Law, that then the determinable at p art y grieved to fue for his Recovery and Remedy therein at the Common Law ; (z) and if the Party De- lhi Common f enr j ant fortune to be by the Courfe of the Common Lav/ lawfully condemned to the Party Plaintiff, then Law ' the faid Party Plaintiff fhall likewife have and recover againft the Party Defendant the Thing in Demand, and the Value thereof in Damages, with his Cofts for his Suit. The Remedy VI. Provided alway, and be it enacted by the Authority aforefaid, That all and lingular fuch of the faid where the Ring Archbifhops, Bifhops, Archdeacons and other Ecclefiaftical Perfons, which have Right or Title to claim, hath demiied demand or enjoy any of the faid Penfions, Portions, Corrodies, Indemnities, Synodies or Proxies againft c yL antof th any Perfon or Perfons, to whom the King hath made, or hereafter fhall make in Writing under Seal, any DUihTrge ° Sale, Gift, Grant or Leafe for Term of Life, Lives or Years, of any of the faid Manors, Lands, Tene- thereof. ments, Parfonages, Benefices and other Hereditaments charged or chargeable to or with any of the faid Pen- Hardrefs 38S. f lons, Portions, Corrodies, Indemnities, Synodies or Proxies, and alfo hath covenanted, granted, pro- Br. Recoverie z, m ;r e( j or agreed, or hereafter fhall covenant, grant, promife or agree by the faid Writing to acquit, difcharge and Proxies, going out of the Premiffes, or any Parcel thereof, as be or fhall be mentioned in the fame Writings, or any of them, fhall fue for their Remedy and Recovery thereof in the Court of the Augmen- tations of the Revenues of the King's Crown, and not elfewhere ; (2) and that the Party Defendant ha- ving any fuch Difcharge, being convented, called or fued in any other Court or Place, or before any other judge, for any the Caufes above faid, fhall be difcharged and difmiffed out of the fame Court or Place with- out any Thing paying for the fame, by the only fhewing forth any of the faid Writings fealed under any of the King's Seals, proving or declaring the King to have covenanted, promifed or agreed, to acquit, difcharge or fave harmlefs the faid Party Defendant thereof, as is aforefaid ; any Thing contained in this Aft to the contrary notwithftanding. CAP. XX. An Act to embar feigned Recovery of Lands wherein the King is in Reverfion. WHERE divers of the King's moft noble Progenitors, and efpecially the King our Sovereign Lord moft liberally above all other, hath given and granted, or otherwife provided to his and their loving Gifts ot i and good Servants and Subjects, as well Nobles as other, Manors, Meafes, Lands, Tenements, Rents, The fpecia! Rea- ' funs "of the ' PerfonslnTall? '' Services and Hereditaments, to them and to their Heirs Males of their Bodies, or to the Heirs of their •1 AnJerf.46j ' ' Bodies lawfully begotten, minding at the Time of fuch Gifts not only to prefer and advance prefently the 14.1, 171. ' Donees, but alfo their Heirs in Blood of their Bodies, according to the Limitation of the faid Gifts ; (2} nob. 299. ' to the Intent that Recompence for the Service of fuch Donees fhould not only be a Benefit for their own Moor 195, pi. <. p er f ons> Du t a continual Profit and Commodity to and for their Heirs coming of their Bodies, whereby 5 J * ' fuch Heirs fhould have in fpecial Memory and daily Remembrance the Profit that they have and take by ' the Service of their Anceftors done to the Kings of this Realm, and thereby be the better encouraged to ' do like Service to their Sovereign Lord, as to their Duties of Allegiance appertaineth. (3) And foraf- ' much as fundry fuch Donees in Tail and their Heirs have fuftered and daily fuffer by their Confents un- 4 true and feigned Recoveries to be had againft them, with common Voucher or otherwife, of Manors, ' Meafes, Lands, Tenements or Hereditaments fo given, granted or provided in Tail, by the King's Ma- ' jefty or his noble Progenitors, as is aforefaid, to the Intent by Fraud, Covin and untrue Means, not only ' to bind and defeat their Pleirs inheritable by the Limitation of fuch Gifts, but alfo the King of his Prero- ' gative, Wardfhip, Primer Seiftn and other his Rights ; (4.) whereby Queftions and Diverfities of Opi- ' nions have rifen, and yet be, whether fuch feigned and untrue Recoveries againft fuch Tenants in Tail ' by their own Confents, of Lands, Tenements or Hereditaments, whereof the Reverfion or Remainder is ' in the King at the Time of fuch Recovery or Recoveries had, fhould after the Death of the Tenant in 3 II. For
 * c * or fave harmlefs the fame Perfon or Perfons, of all Penfions, Portions, Corrodies, Indemnities, Synodies
 * Tail bind the Heirs in Tail, or not.'