Page:Ruffhead - The Statutes at Large - vol 2.djvu/458

 420 C. 21. Anno fecundo & tertio Edwardi VI. A. D. 154.8, ' making fuch Default, had at the Time of any fuch Certificate made, or at any Time after, as by the faid ' A(St more plainly may appear. The Tnconve- ' II. Forafmuch as the Pain limited in the faid Statute, in fuch Form and Manner as in the fame is ex- igencies cnfuing ' prefled, is very (ore and dangerous unto all the King's faithful and obedient Subjects of the Clergy, where- b « q e « ,atrt ' of divers fithen the making of the faid Statute, intending none otherwife than moil willingly and with rouchingDsuii- ' 2°°^ Heart that Payment mould be made of the faid Tenths by them due, without Fraud or Delay, to vationofaU'a ' fuch Officers, and at fuch Times as by the- faid Statute is appointed and declared, by the Default and Man's Spiritual ' Negligence of their Farmors, and other whom they have trufted to make Payment thereof, and by divers Livings for Lack « other finifter Means, being certified or making Default of Payment thereof, have incurred the Pain and thf T mC l" t f' ' Danger of the faid Statute, with the Lofs and Deprivations of all the Spiritual Promotions whereof they one. tl "° ' were then Incumbents, being alfo made unable to_take any other, to the utter Undoing of fuch Perfons, ' and the like Peril and Danger of many other the King's mod humble and faithful Subjects of the Clergy, ' againft whom the like Things may be practifed and attempted hereafter : (z) For the Moderation of which ' ceilbrs, may be truly anfwered and fatisfied of the faid yearly Penfion or annual Rent of the tenth Part, ' united and knit to his Imperial Crown in Manner and Form as in the faid Act is contained :' The Penalty for III. The King's faid faithful and moft obedient Subjects, the Clergy of this Realm, do moft humbly be- Default of Pay- feech his Majefty, that it may be enacted and eftablifhed by his Highnefs, the Lords Spiritual and Tempo- ment of Tenths ra j 5 and the Commons, in this prefent Parliament affembled, and by the Authority of the fame, That if feftu-eoV that*' an y ^ um ^ the ^'d annua l Penfion being once due, and demanded according to the Manner and Form fpe-. only Benefice cined In the faid Aft, be not truly contented and paid unto fuch Archbifhop or Bifhop, or their Minifters out of the which and Officers, or to fuch other Perfon or Perfons, or their Minifters or Servants, as mail have the Charge of chefameis due. Collection thereof, every Year yearly at the Time of the faid Act expreffed, and thereupon Certificate made into the King's Majefty's Court of Firft-fruits and Tenths, 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 the faid former Act; then every Incumbent fo making Default and certified, fhall be judged deprived ipfofafto of that only Dig- nity, Benefice or other Ecclefiaftical Promotion, by what Name foever it be called, whereof fuch Certificate fhall be made; (2) fo that fuch Dignity, Benefice or other Ecclefiaftical Promotion, whereof any Incum- bent making fuch Default of Payment fhall be judged deprived as is aforefaid, fhall be clearly void and de- ftitute of Incumbent in the Law, to all Intents and Purpofes as if fuch Incumbent making fuch Default of Payment were dead in deed. IV. And that no Incumbent making fuch Default of Payment fhall be therefore made unable to take- or enjoy any other Benefice or Promotion Spiritual, or incur any Penalty, Forfeiture or Lofs to be paid' by them, their Executors or Affigns for the fame Default, other than in this prefent Act is heretofore ex- prefTed; any Thing in the faid former Act, or any other Statutes or Acts contained to the contrary notwith- ftanding. V. Provided alway, That the faid former Act concerning the Payment of the faid yearly Rent and Pen- fion, amounting to the tenth Part of every fuch Dignity, Benefice or Promotion Spiritual, and every other Act touching the fame, and all Articles, Claufes and Sentences in them or any of them mentioned, ex- preffed or contained, now being in his or their Force and Effect, other than fuch as by this prefent Act be- already qualified or moderated, fhall ftand and abide in all his or their full Strength, Effect and Vertue;; _, , „ any Thing in this prefent Act contained notwithftanding. [Repealed by z & 3 Ph. & Ma. c. 4- and Revived ^' krP "-by,El.C%.l •tiljiom concerning "1 ' ■"-' ' r - J Tenths, fee a & 3 -linn, c, II. 5 Ann. c, 24. 6 Ann. ft 17. I Geo. 1, fat. 2, c. 10. and 3 Geo. I. c. 10, C A P. XXL An A 61 to take away all pofitive Laws made againft Marriage of Priefts. AM Laws prohi- * A LTHOUGH it were not only better for the Eftimation of Priefts, and other Minifters in the biting fpiritual ' Jl. Church of God, to live chafte, fole and and feparate from the Company of Women, and the Bond Perfomtomar- ' ofMarriage, but alfo thereby they might the better intend to the Adminiftration of the Gofpel, andbelefs- God's law may ' mtr ' cateQ ' anc ' troubled with the Charge of Houfhold, being free and unburdened from the Care and Colt marry, ihr.ll be ' °f finding Wife and Children, and that it were moft to be wifhed, that they would willingly and of their void.' ' felves endeavour themfelves to a perpetual Chaftity and Abftinence from the Ufe of Women : (2) Yet The Benefits ' forafmuch as the contrary hath rather been feen, and fuch Uncleannefs of Living, and other great Incon- which would en- ' veniences, not meet to be rehearfed, have followed of compelled Chaftity, and of fuch Laws as have Miniftersdid 111 ' prohibited thofe (fuch Perfons )_ the godly Ufe of Marriage : It were better and rather to be fuffered in the h»e chafte, fole ' Commonwealth, _ that thofe which could not contain, fhould after the Counfel of Scripture live in holy and unmarried. ' Marriage, than feignedly abufe with worfe Enormity outward Chaftity or fingle Life :' II. Be it therefore enacted by our Sovereign Lord the King, with the Affent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by the Authority of the fame, That all and every Law and Laws pofitive, Canons, Conftitutions and Ordinances heretofore made by Au- thority of Man only, which do prohibit or forbid Marriage to any Ecclefiaftical or Spiritual Perfon or Per- fons, of what Eftate, Condition or Degree they be, or by what Name or Names foever they be called, which by God's Law may lawfully marry, in all and every Article, Branch and Sentence, concerning only the Prohibition for the Marriage of the Perfons aforefaid, fhall be utterly void and of none Effect: (2) And that all Manner of Forfeitures, Pains, Penalties, Crimes or Actions which were in the faid Laws contained, and of the fame did follow concerning the Prohibition for the Marriage of the Perfons aforefaid, be clearly and
 * Pain, and to the End that the King's Majefty, our Sovereign Lord that now is, and his Heirs and Suc-