No. XX. 7 Geo. IV. c. 54. Commencement of Act. seven years next before the passing of this Act, and obtained from the Alien Office a Certificate thereof; nor any Alien in respect of any Act done or omitted to be done, who shall be under the age of fourteen years at the time when such Act was so done or omitted to be done: Provided always, that if any question shall arise whether any person alleged to be an Alien, and to be subject to the provisions of this Act, is an Alien or not, or is or is not subject to the said provisions, or any of them, the proof that such person is, or by law is to be deemed to be, a naturalborn subject of his Majesty, or a denizen of this kingdom, or a naturalized subject, or that such person, if an Alien, is not subject to the provisions of this Act, or any of them, by reason of any exception contained in this Act or otherwise, shall lie on the person so alleged to be an Alien, and to be subject to the provisions of this Act. XVII. And be it further enacted, That this Act shall commence on the first day of July, in the year one thousand eight hundred and twenty-six. PART I. CLASS II. 21H.VIII.c.13.. nefits ensuing STATUTES RELATING TO THE CLERGY. [The Statutes included in this Class comprize those which relate to Residence, and the Prohibition of exercising Trades-to Simony-to Ordination-the Uniformity of public Worship-the Presentation to Benefices-the Stipends of Curates-the Establishment and Regulation of Queen Anne's Bounty-the Erection of Glebe Houses-the Power of making Donations for the Benefit of the Church-the Union of Churches -and the Keeping of Registers. The Statutes relating to the Convocation-to the obtaining of Provisions from Rome previous to the Reformation-to the alterations in the Law established by the Reformation, including the dissolution of monasteries-and to the Revenues of Tenths and First-fruits, otherwise than as connected with Queen Anne's Bounty, are not included in the Collection. The Statutes respecting Tithes will form a particular Class under Part II. The Statutes respecting Leases by spiritual Persons will form a distinct Class in Part II. Those which relate to the Exemption of Clergymen in certain Cases, from Arrest, will be inserted in Part IV. The Statutes relating to the Benefit of Clergy, in criminal Cases, are more immediately applicable to Part V., and so far as regards the existing Law, have no peculiar Relation to spiritual Persons, except that they are exclusively entitled to the Benefit of Clergy a second time. Any Statutes respecting Papists and Dissenters, contained in this Collection, will be found in Parts V. & VI.-Those respecting the Penalties for not going to Church, and the Profanation of the Lord's Day, in Part VI. It has not been thought material to include in the Collection the Statute 35 Ed. I. Ne Rector prosternet Arbores in Cametario, which prohibits the cutting of Trees in Church-yards, except for the repair of the Church or Chancel the Statute 9 Ed. II. Stat. 1, De Diversis Libertatibus Clero concessis-the Statute for the Clergy, 14 Ed. III. Stat. 4, which does not contain any Provisions applicable to the Copies above mentioned, as forming the Subject of the present Class-the Statute for the Clergy, 2 Ed. III. Stat. S, which contains Provisions against wrongful Presentations by the Crown-the Statute 15 Richard II. c. 6, that in Appropriation of Churches, there shall be provisions made for the Poor and a Vicar-or any of the ancient Statutes respecting Heresy.] [No. I.] 21 Henry VIII. c. 13.-Spiritual Persons abridged from having Pluralities of Livings, and from taking of Fernis, &c. (1) The several be. FOR the more quiet and virtuous increase and maintenance of divine service, the preaching and teaching the word of God, with godly and good example given, the better discharge of Curates, the mainte'nance of hospitality, the relief of poor people, the increase of devotion, and good opinion of the Lay-fee toward the spiritual Persons: ' 157.2 Koll.480. Be it enacted ordained and established by the King our Sovereign Lord, with the assent of the Lords Spiritual and Temporal, and the Commons, the performance of this Statute. Savil. 22. Hob. 3 Leon. 122. (1) So much of this Act as relates to spiritual of spiritual persons on their benefices, is repealed persons holding farms, to leases of benefices and by St. 57 Geo. III. c. 99. Infra. livings, to buying and selling, and to the residence No. I. 21 H. VIII. c. 13. in this present Parliament assembled, and by authority of the same, That no spiritual persons, secular or regular, of what degree soever he or they be, shall from henceforth take to ferm to himself, or to any person or persons to his use, of the lease or grant of the King our Sovereign Lord, nor of any other person or persons, by letters patents, indentures, writings, by words or otherwise, by any manner of means, any manors lands No spiritual tenements or other hereditaments for term of life for term of years or at person shall will, upon pain to forfeit ten pounds for every month that he or any other take any lands to his use, shall occupy any such ferm, by reason of any such lease or to ferm. grant hereafter to be made; the one half of which forfeiture to be to the 2 Bulstr. 18 King our Sovereign Lord, and the other half thereof to every such that will sue for the same by original writ bill or plaint of debt, or by any information in any of the King's Courts: in which action and suit no wager of law shail be admitted for the defendant, nor any essoign or protection allowed. person 1 Lutw. 134. See 1 Bur. 545. II. And be it also enacted by the authority aforesaid, That all and every The spiritual such spiritual person or persons which now have, or occupy in ferm, by person which themselves or by any other to their use, any manors lands tenements hath any ferm or hereditaments, of the lease or grant of the King our Sovereign Lord, or profit out of or any other person or persons, for term of life or for years or at will, by ferm, shall alien any writing or otherwise, or that now have any annual rents, or other it forthwith. annual advantage or profit, by occasion or colour of any such lease or ferm, shall clearly bargain sell give or grant away on this side the feast of St. Michael the Archangel next coming, to any such lay person or persons, as they will at their own nominations and appointment, all such lease term interest and profit, as any such spiritual person, or any other to his use, now hath or have, in or by reason of any such ferm; so that in Dyer, f. 351. no wise any such spiritual person or persons at any time after the same feast, by themselves or any other to their use, by any manner of means fraud or male engine, shall have use or occupy in ferm any manors lands tenements or hereditaments, of the demise lease or grant of any person or persons heretofore made or hereafter to be made, to themselves or to any other to their uses; nor from the said feast shall take any annual rent 27H.VIII. f.23. or other annual advantage or profit, by occasion or colour of any such lease or ferm by any manner of means, upon pain to forfeit for every month so occupying any such ferm, at any time after the said feast, contrary to this present Act, ten pounds, and upon pain to forfeit ten times as much as any such spiritual person or any to his use, shall take in any annual rent advantage or profit, by occasion or colour of any such lease at any time after the said feast: the one half of which forfeitures to be to the King our Sovereign Lord, and the other half to him that will sue for the same by original writ bill or plaint of debt, or by information in any of the King's Courts; in which action and suit no wager of law shall be admitted for the defendant, nor any essoin or protection allowed. III. And be it also enacted, That all such leases made or hereafter to be made unto any such spiritual person or persons or to any other to their use, for term of life term of years or at will, of any manors lands tenements or hereditaments, whereof they or any of them, shall take any profit or medling by themselves or by any to their use, after the said feast of Saint Michael, by colour of any such lease or grant, and not by them bargained granted and sold away before the said feast, as is before limited, shall from henceforth be utterly void, and of none effect, as well against the leasor or leasors grantor and grantors, their heirs and assigns, and against every of them, as against the leassee or leassees, and their executors and assigns, and every of them. (1) · IV. Provided alway, That this present Act shall not extend to any spiritual person or persons, in and for taking to ferm any temporalities, during the time of vacations of any archbishopricks bishopricks abbeys priories or other collegiate cathedral or conventual churches, nor to any Leases made to spiritual persons, or to others to their use, shall be void. In some cases a spiritual person may take to ferm the temporalities of a Bishop, &c (1) The description of the lessee in the lease, against him, that he is a spiritual person within as Doctor in Divinity is prima facie evidence the Act. Frogmorton v. Scott, 2 E. 467, No. I. 21 H. VIII. c. 13. No spiritual person shall buy to sell again any merchan dise, corn, cattle, &c. In what case á spiritual person may sell again the things which he hath bought. Certain houses of Religion may keep demesne lands in their hands for the their houses. spiritual person or persons that shall tender or make any traverse upon any offices or office, concerning his or their freehold. V. And be it also enacted by the authority aforesaid, That no spiritual person or persons, secular or regular, of what estate or degree soever they be, shall from henceforth by himself, nor by any other for him, nor to his use, bargain and buy to sell again for any lucre gain or profit, in any markets fairs or other places, any manner of cattle corn lead tin hides leather tallow fish wool wood, or any manner of victual or merchandise, what kind soever they be of, upon pain to forfeit treble the value of every thing, by them or by any to their use, bargained and bought to sell again contrary to this present Act; and that every such bargain and contract hereafter to be made by them or by any to their use, contrary to this Act, shall be utterly void and of none effect: and the one half of every such forfeiture to be to the King our Sovereign Lord, and the other half to him that will sue for the same by original writ of debt bill plaint or information in any of the King's Courts: in which action or suit no wager of law for the defendant shall be admitted, nor any essoin nor protection allowed. VI. Provided alway, That if any such spiritual person or persons shall happen hereafter without fraud or covin to buy any horses mares or mules, to the only intent to occupy for himself or his servants, to ride to and fro upon his necessary business, or any other cattles or goods, to the only intent and purpose at the buying thereof to be employed and put in and about his necessary apparel of his own house or of his person and servants, or in for and about the only occupying manuring or tillage of his own glebe or demene lands annexed to his church, or for the necessary expences of his own household-keeping, and after the buying of any such horses cattles or goods, or exercise of them or any of them, happeneth to mislike any of them, that they should not be good profitable nor convenient for any of the purposes abovesaid, for the which they were bought; that then every such spiritual person or persons may lawfully bargain and put away such things so by him bought, without fraud or covin, for any of the purposes abovesaid at his pleasure and advantage; this Act or any thing therein contained notwithstanding. VII. Provided alway, That all Abbots Priors Abbesses Prioresses Provosts Presidents Masters of Colleges and Hospitals and all other spiritual Governors and Governesses of any spiritual Monasteries or Houses of Religion, by what name or names soever they be called, having manors lands tenements and hereditaments and other yearly profits in the right of maintenance of their monasteries or houses, of the yearly value of eight hundred marks or under, and not above, may use and occupy as much and as many of their demene lands fee-ferms and ferms, to their most advantage commodity and profit, to and for the only maintenance of their households and hospitalities, in as ample and large manner as they or any of them, or their predecessors, or the predecessors of any of them, at any time by the space of one hundred years last past before the making of this Act have done used and occupied; any thing in this present Act to the contrary notwithstanding. Spiritual persons may take in ferm for the maintenance of their houses. 2 Bulstr. 18. Savil 32. The penalty of pluralities VIII. Provided also, That every other spiritual person or persons, not having sufficient glebe or demene lands in their own hands in the right of their Churches Monasteries and Houses for pasturage of cattle, or for increase of corn, to and for the only expences of their householders, and for their carriages or journeys, may take in ferm other lands, and buy and sell corn and cattle for the only manurance tillage and pasturage of such ferms, so that the increase thereof be always employed and put to and for the only expences in their households and hospitalities, and not in any wise to buy and sell again for any other commodity lucre or advantage, any corn or cattle renewing coming or growing in and upon any such ferm or otherwise, but only the remain and overplus above their expences of their households, if any such shall happen, of the breed and increase thereof, without fraud or covin; any thing in this present Act to the contrary hereof notwithstanding. IX. And be it enacted by the authority aforesaid, That if any person or persons having one benefice with cure of soul, being of the yearly value |