No. II. 25 H. VIII. c. 16. II. Wherefore it is ordained and enacted by authority of this present Parliament, That as well every Judge of the said High Courts, and every of the Chancellor and chief Baron of the said Exchequer, the King's general Attorney and general Solicitor, which for the time is be or shall be, shall and may from henceforth at his liberty retain and have singularly to every of them in his house, or attendant to his person, one Chaplain having one benefice with cure of souls, which may be absent from his said benefice, and not resident upon the same; the said Statute made in the said one and twentieth year, or any other statute act or ordinance made to the contrary in any wise notwithstanding. 28H.VIII. c.11. The reasons for making this Act. 1 Roll. 462,469. 26 H. VIII.c.3. The time from which Firstfruits are due to the King. Fruits taken during the vacation of a benefice, shall be restored to the next Incumbent. See 1 El. c. 4. § 24. Co. pl. f. 368. b. Vin. Ab. V. 13. 375 to 378, 6 [No. III. 28 Henry VIII. c. 11.-For the Restitution of the First-fruits in time of Vacation to the next Incumbent. FORASMUCH as in the statute of the payment unto the King's Majesty, his heirs and successors, of the first-fruits of spiritual promotions offices benefices and dignities within this Realm, and other the King's Dominions, express mention and declaration is not had ne made, from what time the year shall be accounted, in which the first-fruits shall be due and payable to his Highness, that is to wit, whether immediately from the death resignation or deprivation of every 'incumbent, or from the time of admission or new taking of possession in every such promotion. II. And also by reason that in the same statute it is not declared ' who shall have the fruits tithes and other profits of the said benefices Coffices promotions and dignities spiritual, during the time of vacation "thereof, divers of the archbishops and bishops of this Realm, have, not only of the time of perceiving and taking of tithes (that is to say, wool lamb corn and hay and tithes usually paid at the holy time of Easter) hath approached, deferred the collation of such benefices as have been 'of their own patronage, but also have, upon presentations of clerks 'made unto them by the just patrons, protracted and deferred to institute, induct and admit the same clerks, to the intent that they might have and perceive to their own use the same tithes growing during the vaca tion; so that through such delays (over and above the first-fruits, which 'be justly due to the King's Highness) they have been constrained also 'to lose all or the most part of one year's profits of their benefices and 'promotions, and to serve the cure at their and their friends' proper costs and charges, or utterly to forsake and give over the benefices and 'promotions to their great loss and hindrance.' III. For reformation whereof, Be it ordained and enacted by the King our Sovereign Lord, with the assent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the authority of the same, That the said year, in which the first-fruits shall be paid to the King's Grace, shall begin and be accounted immediately after the avoidance or vacation of any such benefice or promotions spiritual afore rehearsed; and that the tithes fruits oblations obventions emoluments commodities advantages rents and all other whatsoever revenues casualties or profits certain and uncertain affering or be longing to any archdeaconry deanry prebend parsonage vicarage hospital wardenship provostship or other spiritual promotion benefice dignity or office (chaunteries only except) within this realm or other the King's Dominions, growing rising or coming during the time of vacation of the same promotion spiritual, shall belong and affere to such person as shall be thereunto next presented promoted instituted inducted or admitted, and to his executors, towards the payment of the firstfruits to the King's Highness, his heirs and successors; any usage custom liberty privilege or prescription to the contrary had used or being in any wise notwithstanding. No. III. c. 11. restore them IV. And it is also enacted by the authority aforesaid, That if any Archbishop Bishop Archdeacon Ordinary or any other person or per- 28 H. VIII. sons to their uses and behcof, at any time heretofore sith the first day of May last past, have perceived received or taken, or at any time hereafter do perceive receive or take the fruits tithes obventions oblations emoluments commodities revenues rents advantages profits or casualties The forfeiture coming growing or belonging, or which hereafter shall come grow affere of the Ordinary or belong to any archdeaconry deanry prebend parsonage vicarage which receiveth hospital wardenship provostship or other spiritual promotion benefice the fruits of a dignity or office (chauntries only excepted) within this realm or other benefice during the King's dominions, during the vacation of such archdeaconry deanry the vacation, prebend parsonage vicarage hospital wardenship provostship or other and doth not spiritual promotion benefice dignity or office (chauntries only except- to the next ed) and the same, upon reasonable request from henceforth to be made, Incumbent. doth not render restore satisfy content and pay to the next incumbent being lawfully instituted inducted or admitted to such archdeaconry deanry 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 Archbishop What part of Bishop Archdeacon and Ordinary their officers and ministers to the fruits of a retain in his or their custody so much of the tithes fruits obventions benefice the oblations emoluments commodities advantages rents revenues casual- Ordinary may ties and profits as shall amount to pay unto such person or persons as retain in his hath or shall serve or keep the cure of such archdeaconry deanry pre- hands, and for bend parsonage or vicarage or other spiritual promotion, during the what causes. 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. VI. Provided also, and be it further enacted by the authority afore- Incumbents said, That in case any of the incumbents aforesaid happened to die, and may declare before his death hath caused any of his glebe lands to be manured and their wills of sown at his proper costs and charges with any corn or grain; that then any corn sown in that case all and every of the same incumbents may make and de- by them upon clare their testaments of all their profits of the corn growing upon the their glebe lands. said glebe lands so manured and sown; any thing contained in this present Act in any wise notwithstanding. VII. And where also before this time divers and many parsons 'vicars and other spiritual persons, being seised for term of their lives, of and in the said spiritual promotions aforenained, 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 No. III. 28 H. VIII. c. 11. If a spiritual person do de mise his benefice for years, and after doth resign or die, how long the lessee may en joy it. Altered by 1 & 2 Ph. & M. c. 17. The successors shall have the parsonage house and the 'the title and interests of the said lessees hath been thereby annihilate 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 said year shall upon every such lease be due: for the recovery whereof the said successor shali and may have all such ways and advantages as before is limited and given to the successor, where his predecessor maketh such lease and resigneth. 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, glebe not sown. not being sworn at the time of his said predecessor's death, for maintenance of his household, deducting therefore in his rent as heretofore hath been born for the same or as it is reasonably worth: any thing in this Act contained to the contrary notwithstanding. Provision for the Curate who serves during the vacation. X. Provided alway, That if the fruits of the vacation of the said spiritual promotions be not sufficient to pay the Curate's stipend and wages for serving the cure the vacation time, that then the same to be born and paid by the next incumbent within fourteen days next after that he hath the possession of any of the said promotions spiritual. (1) By 1 & 2 Ph. & 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 any other having spiritual promotion, after the Feast of the Purification then next. Class II.] Statutes relating to the Clergy. [ No. IV. ] 28 Henry VIII. c. 13.-The Bill for Non-resi- No. IV. dence spiritual Men and their Benefices. Repealed by 28 H. VIII. 57 Geo. III. c. 99. [No. V. ] 33 Henry VIII. c. 28.-An Act for the Chan cellor of the Duchy of Lancaster, and others, to have Chaplains. c. 13. Certain persons which TO the King our Sovereign Lord. Where in the Parliament holden 33H.VIII.c.28. at Westminster in the one and twentieth year of your most gracious 21H.VIII.c.13. reign, it was amongst other things ordained and provided, That certain 'honourable persons, and other of your Highness Counsellors and Officers, as well spiritual as temporal, should and might have Chaplains ' beneficed with cure, to serve and attend upon them in their houses, (2) their which Chaplains should not incur the danger of any penalty or forfeiture 'made or declared in the same Parliament for non-residence upon 'said benefices, or for obtaining licences or dispensations of pluralities, (3) in which Act is no provision made for any of the head Officers of your 'Grace's several Courts of your Duchy of Lancaster, the Courts of Aug'mentations of the Revenues of your Highness Crown, the First-Fruits and Tenths, the Master of your Majesty's Wards and Liveries, the Gene'ral Surveyors of your Grace's Lands and other your Grace's Courts.' II. In consideration whereof, it may please your Majesty that it may be enacted by your Highness with the assent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the authority of the same, That the Chancellor of the said Court of the Duchy of Lancaster, the Chancellor of your Highness Court of Augmentations, the Chancellor of your Grace's Court of First-Fruits and Tenths, that may be the Master of your Highness Wards and Liveries, and every of your absent from his Grace's General Surveyors of your Highness Lands, the Treasurer of your benefice. Grace's Chamber, the Treasurer of your Highness Court of Augmentations, and the Groom of your Grace's Stole, and every of them for the time being, shall and may retain singularly to every of them in his house or attendant unto his person one Chaplain having one benefice with cure of souls, which may be absent from the said benefice and non-resident upon the same; the said Estatute made in the said twenty-first year of your most gracious reign, or any other estatute act or ordinance made to the contrary in any wise notwithstanding. may re tain having a tain one Chap cure of souls, sometimes re cure. III. Provided alway, and be it enacted by the authority aforesaid, That These Chapevery of the said Chaplains so being beneficed as aforesaid, and dwelling lains must with any the Officers afore named, shall personally repair two times in every year at the least to his said benefice and cure, and there to tarry and sort to their abide by the space of eight days at every such time at the least, to visit and instruct his said cure, (2) upon the pain to forfeit for every time so failing forty shillings, the one moiety thereof to the King our Sovereign Lord, the other to such as will sue for the same by action of debt bill plaint or information in any of the King's Courts of Record, in which suit no essoin protection or wager of law shall be allowed. [No. VI. ] 13 Eliz. c. 12.-An Act for the Ministers of the Church to be of sound Religion. THAT the Churches of the Queen's Majesty's dominions may be served 13 Eliz. c. 12. with Pastors of sound religion, Be it enacted by the authority of this This Act enpresent Parliament, That every person under the degree of a Bishop, forced by 5 Ann. which doth or shall pretend to be a priest or minister of God's holy c. 5. word and sacraments, by reason of any other form of institution consecration or ordering than the form set forth by Parliament in the time of the late King of most worthy memory, King EDWARD the Sixth, or now used in the reign of our most gracious sovereign Lady before the feast of the Nativity of Christ next following, shall in the presence of the Bishop or No. VI. 13 Eliz. c. 12. Cro. Jac. 533. guardian of the spiritualities of some one diocese where he hath or shall have ecclesiastical living, declare his assent, and subscribe to all the articles of religion, which only concern the confession of the true Christian faith, and the doctrine of the sacraments, comprised in a book imprinted, intituled Articles, whereupon it was agreed by the Archbishop and Bishops of both provinces and the whole clergy in the convocation holden at London in the year of our Lord God one thousand five hundred sixty and two, according to the computation of the Church of England, for the avoiding of the diversities of opinions and for the establishing of consent touching true religion put forth by the Queen's authority;' and shall bring from such Bishop or guardian of spiritualities in writing, under his seal authentick, a testimonial of such assent and subscription; and openly on some Sunday in the time of the public service afore noon in every Church where by reason of any ecclesiastical living he ought to attend, read both the said Testimonial and the said Articles; upon pain that every such person which shall not before the said feast do as is above appointed shall be ipso facto deprived, and all his ecclesiastical promotions shall be Dyer 377. Cro. void, as if he then were naturally dead. El. 252, 511, 67 9. 1 Roll. 83, 473. astical person shall subscribe the Articles touching the confession of the Faith, and declare his assent thereunto. March 119. Vaugh. 131, 133. Lane 4. Reading of the Articles and Testimonial. Hob. 168, 6 Cok. 29. The penalty for maintaining of doctrine against the Articles, Several things who shall be 1 Anders. 62. The age of a Minister or Preacher, and his Testimonials. II. And that if any person ecclesiastical, or which shall have ecclesiastical living, shall advisedly maintain or affirm any doctrine directly contrary or repugnant to any of the said Articles, and being convented before the Bishop of the diocese or the ordinary, or before the Queen's Highness' Commissioners in Causes Ecclesiastical, shall persist therein, or not revoke his error, or after such revocation eftsoon affirm such untrue doctrine, such maintaining or affirming and persisting, or such efisoon affirming shall be just cause to deprive such person of his ecclesiastical promotions and it shall be lawful to the Bishop of the diocese or the ordinary or the said Commissioners to deprive such person so persisting, or lawfully convicted of such eftsoons affirming, and upon such sentence of deprivation pronounced he shall be indeed deprived. : III. And that no person shall hereafter be admitted to any benefice with cure, except he then be of the age of three and twenty years at the the least and a deacon, and shall first have subscribed the said Articles in presence of the ordinary, and publickly read the same in the parish Church of that benefice, with declaration of unfeigned assent to the same: and that every person after the end of this session of Parliament, to be admtited to a benefice with cure, except that within two months after his induction he do publickly read the said Articles in the same Church whereof he shall have cure, in the time of common prayer there, with declaration of his unfeigned assent thereunto, and be admitted to minister the Sacraments within one year after his induction, if he be not so admitted before, shall be upon every such default, ipso facto immediately deprived. IV. And that no person now permitted by any dispensation or otherwise shall retain any benefice with care, being under the age of one and twenty years, or not being deacon at the least, or which shall not be admitted as is aforesaid, within one year next after the making of this Act, or within six months after he shall accomplish the age of four and twenty years, on pain that such his dispensation shall be merely void. V. And that none shall be made Minister, or admitted to preach or administer the Sacraments, being under the age of four and twenty years; nor unless he first bring to the Bishop of that diocese, from men known to the Bishop to be of sound religion, a testimonial both of his honest life and of his professing the doctrine expressed in the said Articles: nor unless he be able to answer and render to the ordinary an account of his faith in Latin, according to the said Articles, or have special gift or 4 Mod. 135,136. ability to be a preacher: nor shall be admitted to the order of deacon or ministry unless he shall first subscribe to the said Articles. (1) 3 Bulstr. 90, 3 Mod. 67. 2 Salk. 539. (1) The provisions respecting age are enforced by Stat. 44 Geo. III. c. 43, post No. 31. |