IX. PART 1. profits, or casualties, coming, growing, or belonging, or CLASS which hereafter shall come, grow, affere, or belong to any No. 1. archdeaconry, deanery, prebend, parsonage, vicarage, hosStat. 28 pital, wardenship, provostship, or other spiritual promotion, H. 8. c. 11. benefice, dignity, or office, (chauntries only excepted,) and doth within this realm, or other the King's dominions, during the not restore vacation of such archdeaconry, deanery, prebend, parsonage, them to the vicarage, hospital, wardenship, provostship, or other spi next In cumbent. What part of the fruits ritual promotion, benefice, dignity, or office, (chauntries only excepted,) and the same, upon reasonable request from henceforth to be made, doth not render, restore, satisfy, content, and pay to the next Incumbent being lawfully instituted, inducted, or admitted to such archdeaconry, deanery, prebend, parsonage, or vicarage, or other promotion, benefice, dignity, or office spiritual, except before excepted, or do let or interrupt the said Incumbent to have the same; that then every Archbishop, Bishop, Archdeacon, Ordinary, or other person so doing, shall forfeit and lose the treble value of so much as he shall then have received of the fruits of every prebend, parsonage, vicarage, hospital, wardenship, provostship, or other spiritual promotion, whereof he so shall perceive, receive, or detain, let, or interrupt the Incumbent to perceive, receive, and have the fruits, tithes, obventions, oblations, emoluments, commodities, revenues, rents, advantages, profits, or casualties; the moiety of which forfeiture shall be to the King our sovereign Lord, and the other moiety thereof to the Incumbent of the same prebend, parsonage, or vicarage, or other spiritual promotion, to be recovered in any of the King's Courts, by action, bill, plaint, information, or otherwise, in which action or suit the defendant shall not be admitted to wage his law, nor any protection or essoin shall be unto the defendant allowed. V. Provided alway, That it shall be lawful to every Archof a bene- bishop, Bishop, Archdeacon, and Ordinary, their officers fice the Or- and ministers, to retain in his or their custody so much of dinary may the tithes, fruits, obventions, oblations, emoluments, commohis hands, dities, advantages, rents, revenues, casualties, and profits, and for as shall amount to pay unto such person or persons, as hath retain in what causes. or shall serve or keep the cure of such archdeaconry, deanery, prebend, parsonage, or vicarage, or other spiritual promotion, during the vacation, his or their reasonable stipend or salary; and also for the collection, gathering, and levying of such tithes, fruits, emoluments, rents, and other profits, rising and growing during the vacation aforesaid; any thing in this Act contained to the contrary in any wise notwithstanding. IX. No. 1. VI. Provided also, and be it further enacted by the au- PART I. thority aforesaid, That in case any of the Incumbents afore- CLASS said happen to die, and before his death hath caused any of his glebe lands to be manured, and sown at his proper costs Stat. 28 and charges with any corn or grain; that then in that case, H. 8. c. 11. all and every of the same Incumbents may make and declare Incumtheir testaments of all the profits of the corn growing upon bents may the said glebe lands so manured and sown; any thing con- declare tained in this present Act in any wise notwithstanding. their wills lands. VII. And where also before this time divers and many sown by of any corn Parsons, Vicars, and other spiritual persons, being seised for them upon term of their lives, of and in the said spiritual promotions their glebe aforenamed, as well for great sums of money to them beforehand paid, as for other causes and considerations, have let in ferm for term of years, by sufficient writings, their said parsonages, vicarages, and other spiritual promotions, or part thereof, unto divers and many of the King's subjects, and after such leases by them so made, the lessors thereof have oftentimes used to resign their said benefices or spiritual promotions so demised and letten in ferm; by reason of which resignation and other acts of the said lessors, the said benefices and other spiritual promotions have been void, and the title and interests of the said lessees hath been thereby annihilate and of none effect in the law, contrary to right and good conscience: For reformation whereof, and for a quietness the better hereafter to be had and continued between the King's subjects, be it enacted by authority of this present Parliament, That from the foresaid first day of May If a spilast past, no manner of such lease, by sufficient writing here- ritual pertofore made, nor hereafter to be made, by any spiritual per-mise his son within this realm of England, Wales, or the marches benefice for of the same, to any lay person, of any parsonage, vicarage, years, and or other spiritual promotion aforesaid, within this realm, resign or upon which lease the rent and services reserved, with other die, how the yearly charges of the lease, as in serving the cure and long the otherwise, shall amount within forty shillings by the year of lessee may enjoy it. as much as the said parsonage, vicarage, or other spiritual promotion aforesaid, so letten, is rated and valued at upon the King's books, for paying the first fruits, shall be adjudged void, annihilate, or determined, by reason of any such resignation, or other avoidance of the said benefice or spiritual promotion so letten, by the only act of the said lessor; but that every such lessee or grantee of any such benefices or spiritual promotions aforesaid, their executors or assigns, shall have and may enjoy their terms and interests of and in the same, for the term of six years, to be accounted son do de after doth No. 1. PART 1. next and immediately after the said avoidance, if the said CLASS lessor do so long live, and the lease so by him before made IX. do so long continue and endure; and that after such Stat. 28 avoidance, the successor or successors of every such lessor H. 8. c. 11. shall and may distrain for the rent and services so reserved, and have their actions of debt, and all other advantages by way of action, entry, or otherwise, against the said lessee, his executors or assigns, for recovery of the said rent and covenants upon the said lease reserved, as the lessor thereof might have had if no such avoidance had been had a. VIII. And further be it enacted by the authority aforesaid, That if hereafter it happen any such lessor to decease and die before the end of the term by him so made, and that there be one year at least to come of the said term, that then it shall be lawful to the lessee thereof, his executors or assigns, to hold and enjoy their said lease to the end of the same year, wherein he is so entered at the time of his said lessor's death, if his said lease do so long continue, bearing and paying unto the successor of every such lessor all such rent and services, as for the remnant of the The successor shall have the parsonage house and the glebe not sown. Provision rate who serves said year shall upon every IX. Provided alway, That every successor, after the death of his predecessor, may and shall have, upon one month's warning after the time of his induction, the mansion-house of every such parsonage, vicarage, or other spiritual promotion aforesaid, with the glebe belonging to the same, not being sown at the time of his said predecessor's death, for maintenance of his household, deducting therefore in his rent, as heretofore hath been borne for the same, or as it is reasonably worth; any thing in this Act contained to the contrary notwithstanding. X. Provided alway, That if the fruits of the vacation of for the Cu- the said spiritual promotions be not sufficient to pay the Curate's stipend and wages for serving the cure the vacation during the time, that then the same to be borne and paid by the next vacation. Incumbent within fourteen days next after that he hath the possession of any of the said promotions spiritual. a By Stat. 1 and 2 Ph. and Mary, c. 17. " touching leases to be hereafter "made by spiritual persons," so much of this Act as relates to making good any leases shall not extend to any lease made by any Parson, Vicar or other having spiritual promotion after the feast of the Purification then next. Anno 2 & 3 EDW. VI. Cap. 13. An Act for Payment of Tithes. PART I. No. 2. Stat. 2 & 3 WHERE in the Parliament holden at Westminster the Ed. 6. c. 13. 27 H. 8. C. 48. 18 Ed. 3. 5 H. 4. c.11. 2 Inst. fourth day of February in the twenty-seventh year of the In what reign of the late King of most famous memory, King Henry manner the Eighth, there was an Act made concerning payment of tithes predial and personal and also in another Parlia- to be paid. ment holden at Westminster the twenty-fourth day of July c. 20. in the thirty-second year of the reign of the said late King 32 H. 8. Henry the Eighth, another Act was made concerning the 1 Roll. 13, true payment of tithes and offerings; in which several Acts 90, 354. many and divers things be omitted and left out, which were 13 Co. 23, convenient and very necessary to be added to the same: In Savil. 131. consideration whereof, and to the intent the said tithes may Godbolt be hereafter truly paid, according to the mind of the makers 211. pl. 30. of the said Acts, be it ordained and enacted by the King our st. 3. c. 7. sovereign Lord, with the assent of the Lords Spiritual and 45 Ed Temporal, and the Commons, in this present Parliament as- c. 3. sembled, and by the authority of the same, That not only the 2 st. 648. said Acts made in the said twenty-seventh and thirty-second March 21. years of the reign of the said late King Henry the Eighth 2 Bulst. 85, concerning the true payment of tithes, and every article and 183. branch therein contained, shall abide and stand in their full 108. strength and virtue; but also be it further enacted by the authority of this present Parliament, That every of the King's Every persubjects shall from henceforth truly and justly, without sou shall fraud or guile, divide, set out, yield, and pay, all manner of and pay their predial tithes in their proper kind as they rise and hap- his predial pen, in such manner and form as hath been of right yielded tithes. and paid within forty years next before the making of this 3 Leon.204. Act, or of right or custom ought to have been paid: and that 1 Mod. 50. no person shall from henceforth take or carry away any such Raymond or like tithes, which have been yielded or paid within the 14 said forty years, or of right ought to have been paid, in the 315. place or places titheable of the same, before he hath justly 1 Vent.126. divided or set forth for the tithe thereof the tenth part of the same, or otherwise agreed for the same tithes with the Par- 608, 621, son, Vicar, or other owner, proprietary, or fermor of the 766. same tithes; under the pain of forfeiture of treble value of 513. the tithes so taken or carried away. 1 Bulst. set forth 2 Inst. 611. 14. Hardress Carth.361. Cro. El. Cro. Car. II. And be it also enacted by the authority aforesaid, The penalThat at all times whensoever and as often as the said predial ty for cartithes shall be due, and at the tithing time of the same, it rying of be lawful to every party to whom any of the said tithes before corn or hay No. 2. tithe be set to carry it. PART I. ought to be paid, or his deputy or servant, to view and see CLASS their said titles to be justly and truly set forth and severed IX. from the nine parts, and the same quietly to take and carry Stat. 2 & 3 away and if any person carry away his corn or hay, or Ed. 6. c. 13. his other predial tithes, before the tithe thereof be set forth; or willingly withdraw his tithes of the same or of forth, or such other things whereof predial tithes ought to be paid; for letting or do stop or let the Parson, Vicar, proprietor, owner, or the Parson other their deputies or farmers, to view, take, and carry away their tithes as is abovesaid; by reason whereof the said tithe or tenth is lost, impaired, or hurt; that then 228, 285. upon due proof thereof made before the Spiritual Judge or any other Judge to whom heretofore he might have made complaint, the party so carrying away, withdrawing, letting, or stopping, shall pay the double value of the tenth or tithe so taken, lost, withdrawn, or carried away, over and besides the costs, charges, and expenses of the suit in the same: the same to be recovered before the Ecclesiastical Judge according to the King's ecclesiastical laws. Co. pl. f. 161. 2 Bulst. 3 Bulst. 278. Godb. 245. pl. 342. Moor 528. Hob. 218. Cro. Jac. 57, 68, 70, 318. 2 Roll. 54. Tithe of ing in a waste III. And be it further enacted by the authority aforesaid, Hetley 123. That all and every person which hath or shall have any March 57. beasts or other cattle titheable, going, feeding, or depasturcattle feed- ing in any waste or common ground, whereof the parish is not certainly known, shall pay their tithes for the increase of the said cattle so going in the said waste or common, to the Parson, Vicar, proprietor, portionary, owner, or other not known. their farmers or deputies of the parish, hamlet, town, or other place, where the owner of the said cattle inhabiteth or dwelleth. where the parish is Lands dis charged of tithe by pre IV. Provided always, and be it enacted by the authority aforesaid, That no person shall be sued or otherwise comscription or pelled to yield, give, or pay any manner of tithes for any manors, lands, tenements, or hereditaments, which by the laws and statutes of this realm, or by any privilege or pre13 Co. 42. scription, are not chargeable with the payment of any such Co. pl. 452, tithes, or that be discharged by any composition real. 32 composition. 2 Co. 44. 454, 457. 2 Roll. 479. The tithe heath or waste ground. H. 8. c. 7. s. 5. V. Provided always, and be it enacted by the authority of barren aforesaid, That all such barren heath or waste ground, other than such as be discharged for the payment of tithes by Act of Parliament, which before this time have lain barren, and paid no tithes by reason of the same barrenness, and now be or hereafter shall be improved and converted into arable ground or meadow, shall from henceforth, after the Moor 909. end and term of seven years next after such improvement fully ended and determined, pay tithe for the corn and hay Dyer 170. 475. Cro. Car. 208. |