Page:Ruffhead - The Statutes at Large - vol 2.djvu/572

522 acquitted for ever against the Queen's Majesty, her Heirs and Successors, of and from the said First-fruits; any Thing in the said Act of First-fruits and Tenths, made in the said six and twentieth Year of the Reign of the said late King Henry the Eighth, or in this Act of Repeal, or any other Act or Acts before recited, to the contrary thereof in any wise notwithstanding.

XXX. Provided always, and be it enafted by the Authority aforefaid, That if any Incumbent of any f ucn Promotion Spiritual as is aforefaid, charged or chargeable to the Payment of the faid Firft-fruits, hap- af- P en to uve to t ^ ie -^nd of one half Year next after the laft Avoidance of the fame Promotion Spiritual, fo as ter the Avoid- ne hath received, or without Fraud or Covin might lawfully have received or enjoyed, the Rents or Profits ance. of that half Year, and before the End of the other half Year then next following fhall happen to die, or to <> be lawfully eviftcd, removed or put from the faid Promotion Spiritual, by Judgment in any Aftion at the Common Law, without Fraud or Covin, that then every fuch Incumbent, his Heirs, Executors, Admi- niftrators and Sureties, fhall be charged and chargeable but only with the fourth Part of the Firft-fruits due to be paid for fuch his Promotion, and with no more of the faid Firft-fruits; any Thing in this Aft con- tained, or any Bond or Writing to be made for the Payment of the faid Firft-fruits, or any other Matter or Caufe to the contrary notwithftanding.

XXXI. And it it fhall happen any fuch Incumbent to live by the Space of one whole Year next after the laft Avoidance of the fame Spiritual Promotion, and after before the End of one Half Year then next follow- e " r ' c ' ing {hall fortune to die, or to be lav/fully evifted, removed or put from the faid Promotion Spiritual, by Judgment in any Aftion at the Common Law, without Fraud or Covin; that then every fuch Incumbent, his Heirs, Executors, Adminiftrators and Sureties fhall be charged and chargeable but only with the Moiety and one Half of the Firft-fruits due to be paid for fuch his Promotion Spiritual, and with no more of the fame Firft-fruits; any Thing in this Aft contained, or any Bond or Writing obligatory to be made for the Payment of the fame Firft-fruits, or any other Matter or Caufe to the contrary notwith- •ftanding.

The Charge of XXXII. And if it fhall happen any fuch Incumbent to live to the End of one whole Year and an Half H-ie^Y next a ^ ter t ' le ' a ^ Avoidance of fuch Promotion Spiritual, and after and before the End of fix Months then and a Half &c. next following fhall fortune to die, or to be lawfully evifted, removed or put from the faid Promotion Spi- ritual, by Judgment in any Aftion at the Common Law, without Fraud or Covin; that then every fuch Incumbent, his Heirs, Executors, Adminiftrators and Sureties, fhall be charged and chargeable but only with three Parts of the Firft-fruits of the fame Promotion Spiritual, in four Parts to be divided, and with no more; any Thing in this Aft contained, or any Bond or Writing obligatory had or made for the Pay- ment of the faid Firft-fruits, or any other Matter or Caufe to the contrary notwithftanding.

The Charge of XXXIII. And if it fhall happen any fuch Incumbent to live to the End of two whole Years next after him which the laft Avoidance of the fame his Promotion Spiritual, and not to be lawfully evifted, removed, or put liveth two whole f r0 m the fame Promotion Spiritual as is aforefaid, that then fuch Incumbent, his Heirs, Executors, Admi- Years after, *c. n ift ra t ors and Sureties, fhall content and pay to our faid Sovereign Lady the Queen, her Heirs and Succef- fors, the whole Firft-fruits due to be paid for the fame Promotion Spiritual, according to the Eftatute aforefaid.

Grants made to XXXIV. Provided alfo, and be it enafted, That all Grants, Immunities and Liberties given to the Uni- o/the^olwT ver f lt; ' es of Cambridge and Oxford, or to any College or Hall in either of the faid Univerfities, and to the Col- in them, and to leges of Eaton and Wincbejler, and unto every or any of them, by our late Sovereign Lord King Henry the Eaton and win- Eighth, or any other of the Queen's Highnefs Progenitors or Predeceflbrs, or by Aft of Parliament, for or cheftcr Colleges, touching the Releafe or Difcharge of the faid Firlt-fruits and Tenths, or any Part thereof, fhall be always and remain in their full Strength and Virtue : (2) And that all fuch lawful Conveyances and Aflurances in the Law as were had or made before the Making of this Aft, to either of the faid Univerfities of Oxford or Cambridge, or to any College or Hall within any of them, by what Name or Names foever they or any of them be incorporated or named, of any of the faid Parfonages or Benefices impropriate, or of any Part of the fame, or of any Patronages, for the Maintenance of Students or Learning, fhall be as good and effeftual in the Law to all Intents, Conftruftions and Purpofes, as though this Aft had never been made.

XXXV. And be it further enafted by the Authority aforefaid, That the Dean and Canons of the Free WindforT " Chapel of St. George the Martyr, within the Caftle of Windfor, and all the PofTeffions and Hereditaments of the iame Free Chapel, Deanry and Canons, by whatfoever Name or Names they be incorporated or known, fhall be exonerated, and fhall ftand for ever difcharged of the Tenths and Firft-fruits before mentioned; any Thing in this Aft, or any other Aft or Statute before mentioned, to the contrary thereof in any wife not- withftanding.

Leafes for Year? XXXVI. Provided alfo, and be it enafted, That all Leafes made before the xx. Day of December laft or three Lives, paft, for xxi. Years, or three Lives at the moft, by any Perfon or Perfons, Bodies Politick or Corporate,' C '"' £ (,' o° 7 ' ^ em o ' aw fully feized of or in any of the faid Parfonages impropriate, or of or in any other the PremifTes, wont 430, 90. commonly to be let or fet to Ferm, then being out of Leafe, or whereof there was not, at the Time ofthe' making of the faid Leafe or Leafes, any former Leafe to endure above one Year then to come at the moft, and upon which new Leafe or Leafes the old yearly Rent accuftomarily wont to be paid for the fame, by the Space of twenty_ Years laft paft before the making of fuch Leafe or Leafes, or more yearly Rent is referved) Grants of Of- an ^ payable during the faid Term; and all other lawful Grants by them or any of them heretofore made of fices wont to be any Office or Offices in old Time wont commonly to be granted; and all Gifts and Grants of any Parfonage granted. or Parfonages impropriate, heretofore belonging to the Archdeaconry of Wells in the County of Somerfet, oi to the Incumbent of the fame Office or Dignity, or to the Incumbent of the fame lately given and reftored. fhall be as good and effeftual ill the Law, as though this Aft, or any Thing contained therein, had noi been had or made. XXXVII. And