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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
aforesaid, That in case any of the Incumbents aforesaid happen to die,
and before his Death hath caused any of his Glebe Lands to be
manured, and sown at his proper Costs and Charges with any Corn or
Grain; that then in that Case, all and every of the same Incumbents
may make and declare their Testaments of all the Profits of the Corn
growing upon the said Glebe Lands so manured and sown; any
Thing contained in this present Act in any wise notwithstanding

No. 3.

28 H. VIII. c. 11.

Incumbents may

declare their Wills of any Corn sown

by them upon their Glebe Lands.

and after doth resign or die, how

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 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 bave 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 'bad and continued between the King's Subjects,' Be it enacted by If a spiritual Per Authority of this present Parliament, That from the foresaid first son do demise his Day of May last past, no manner of such Lease, by sufficient Benefice for Years, Writing heretofore made, nor hereafter to be made, by any spiritual Person within this Realm of England, Wales, or the Marches of the long the Lesse same, to any lay Person, of any Parsonage, Vicarage, or other may enjoy it. Altered by 1 & 2 spiritual Promotion aforesaid, within this Realm, upon which Lease Ph- & M. e. 17. the Rent and Services reserved, with other the yearly Charges of the Lease, as in serving the Cure and otherwise, shall amount within forty Shillings by the Year of 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 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 next and immediately after the said Avoidance, if the said Lessor do so long live, and the Lease so by him before made do so long continue and endure; and that after such Avoidance, the Successor or Successors of every such Lessor 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. (1)

(1) By 1 & 2 Ph. & M. 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 ether, having spiritual Promotion, after the Feast of the Purification

then next.

No. 3. VIII. And further be it enacted by the Authority aforesaid, 28 H. VIII. c. 11. 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 shall and may have all such Ways and Advantages as before is limited and given to the Snccessor, where his Predecessor maketh such Lease, and resigneth.

The Successors

sonage-house and the Glebe not

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IX. Provided alway, That every Successor, after the Death of shall have the Par 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 Houshold, 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

X. Provided alway, That if the Fruits of the Vacation of the said Curate who serves spiritual promotions be not sufficient to pay the Curate's Stipend and during the Vaca- 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.

tion.

No. 4.

28 II. VIII. c. 13.

A Recital of

sec. 28, and of the

Practices made use

of to evade the Meaning of the

same.

25 H. VIII. c. 16.

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28 Henry VIII. c. 13.-The Bill for Non-residence of spiritual Men and their Benefices.

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WHEREAS in Twenty-first Year of the Reign of our

HEREAS in the Parliament begun at London the Third Day of

21 H. VIII. c. 13, Sovereign Lord King HENRY the Eighth, and from thence adjourned and prorogued to the Palace of Westminster the Seventeenth Day of December then next ensuing, amongst other good Acts and Ordinances, then and there by the Authority of the said l'arliament, it was established, ordained and enacted, That as well every spiritual Person, then being promoted to any Archdeaconry, Deanry or Dignity in any Monastery or Cathedral Church, or other Church Conventual or Collegial, or being beneficed with any Parsonage or Vicarage, as all and every spiritual Person and Persons, which should after the Feast of Saint Michael the Archangel, which was in the foresaid Twenty-first Year of the Reign of our Sovereign Lord King HENRY the Eighth, be promoted to any of the said Dignities or Benefices with any Parsonage or Vicarage, should from the said Feast of Saint Michael the Archangel be personally resident and abiding at and upon his said Dignity, Prebend or Benefice, or at one of them at the least; (2) and in case any such spiritual Person, at any Time after the said Feast, kept not Residence at one of his said Dignities, Pre' bend or Benefices, (as is aforesaid) but absent himself wilfully by 'the Space of one Month together, or by the Space of two Months to be accounted at several Times in any one Year, and make his Residence and Abiding in any other places by such Time, that then he shall forfeit for every such Default Ten Pounds Sterling, as in the same Act more plainly doth appear; (3) in which Act, among other

No. 4.

Provisions contained and specified in the same, it was provided, That the said Act of Non-Residence should not in any wise extend ne be 28 HI VIII. c. 13. prejudicial to any Scholar or Scholars, being conversant and abiding for Study, without Fraud or Covin, at any University within this Realm or without, as by the same Provision doth also appear more at large; (4) fithence the making of which good Act and Statute, divers and many Persons being beneficed with Cure of Souls (as is 'aforesaid) and being not apt to study by reason of their Age, or 'otherwise, ne never intending, before the making of the said Act, to travel in Study within any of the said Universities for the Increase of Learning, but rather minding and intending their own Ease, sin'gular Lucre and Pleasure, by the same Provision colourably to defraud the same good Statute and Ordinance, do daily and commonly resort and repair to the said Universities of Oxford and Cambridge, and to either of them, where they, under the said pretence and colour of Study, do continue and abide, living dissolutely, nothing profiting themselves by Study at all in Learning, but consume the Time in Idleness and in other Pastimes, and insolent Pleasures, 'giving Occasion and evil Example thereby to other young Men and Students within the said Universities, little or nothing regarding their Cure and Charge of Souls, contrary to the Minds and Intent of the Makers of the foresaid good Statute and Ordinance; (5) and also divers and many old beneficed Men have and do continually remain there, never exercising nor practising their Learning to the Example of Virtue and Maintenance of the common Weal, in Discharge of 'their Conscience, according to their Duty, having nevertheless, and Soccupying such Rooms and Commodities, as were instituted and 'ordained for the Maintenance and Relief of poor Scholars, to the 'great Hindranee and Detriment of the same :'

their Benefices,

II. Be it therefore enacted by the King our Sovereign Lord, with What spiritual the Assent of the Lords Spiritual and Temporal, and the Commons, in Perso..s may be this present Parliament assembled, That all and singular spiritual Per- discharged from son and Persons, which now be, or hereafter shall be, to any Benefice Residence upon ur Benefices promoted, as is aforesaid, being above the Age of and for what Forty (*) Years, (the Chancellor, Vice-Chancellor, Commissary of Cause. e said Universities, or any of them, Wardens, Deans, Provosts, 21 11. VIII. c 13. Presidents, Rectors, Masters, Principals and other Head Rulers of Colleges, Halls and other Houses or Places Corporate within the aid Universities, or any of them, Doctors of the Chair, Readers of Divinity in the common Schools of Divinity in any of the said Universities, only excepted) shall be resident and abiding at and upon one of their said Benefices, according to the Intent and true Meaning of the said former Act, upon such pain and penalties as be contained in the said former Act made and appointed for such beneficed Persons for their Non-Residence. (2) And that none of the said beneficed Persons being above the Age aforesaid, except before except, shall from henceforth be excused of their Non-Residence upon the said Benefices, for that they be Students or resiant within the said Universities, or any of them; any Proviso, or any other Clause or Sentence specified or contained in the said former Act of Non-Residence, or any other Thing or Things, to the contrary hereof in any wise notwithstanding.

III. And over this be it enacted by the Authority aforesaid, That all and singular such beneficed Persons, being under the Age of Forty Years, restant and abiding within the said Universities, or any of them, shall not enjoy the Privilege and Liberty of Non-Residence, contained in the Proviso of the said former Act, made for the Scho

(*) Reduced to Thirty by Stat. 43 Geo. III. c. 94, § 16.

No. 4.

lars and Students of the said Universities, or any of them, unless he 28 H, VIII. c. 13. or they be present at the ordinary Lecture and Lectures, as well at home in their Houses, as in the common School or Schools, and in their proper l'ersons keep Sophisms, Problems, Disputations and other Exercises of Learning, and be Opponent and Respondent in the same, according to the Ordinances and Statutes of either of the said Universities, where he or they shall be so abiding or resiant ; any Thing contained in the said Proviso or former Act to the contrary notwithstanding.

Proviso for Rea

IV. Provided alway, That this Act shall begin to take Effect at the Feast of Saint Michael the Archangel next coming, and not before.

V. Provided alway, That this Act, nor any Thing therein conders o: Lectures, tained, shall extend to any Person or Persons which now is, or here&c. in the Uni after shall be Readers of any publick or common Lecture in Divinity, versities, and for Law Civil, Physic, Philosophy, Humanity, or of any of the liberal those that proceed Doctors in Divi Sciences, or publick or common Interpreters or Teachers of the nity, Law, or Phy- Hebrew Tongue, Chaldee or Greek, in whatsoever College or place of

Sick.

33 H. VIII. c 28

any of the said Universities, the said persons for the Time being shall read the said common or publick Lectures; nor yet to any Person or Persons after or above the Age of Forty Years, which shall resort to any of the said Universities to proceed Doctors in Divinity, Law Civil or Physick, for the Time of their said proceedings, and executing of such Sermons, Disputations or Lectures, which they be bound by the Statutes of the Universities there to do for the said Degrees so obtained.

No. 5.

33 Henry VIII. c. 28.-An Act for the Chancellor of the
Duchy of Lancaster, and others, to have Chaplains.
Tholden at Westminster in the One and Twentieth Year of your
King Sovereign Lord. Where in the Parliament

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21 H. VIII. c. 13. most gracious 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) which Chaplains should not incur the Danger of any Penalty or Forfeiture made or declared in the same Parliament for Non-Residence upon their said Benefices, or for 'obtaining Licences or Dispensations of Pluralities, (3) in which Act is no Provision made for any the Head Officers of your Grace's 'several Courts of your Duchy of Lancaster, the Courts of Augmentations of the Revenues of your Highness Crown, the First-Fruits and Tenths, the Master of your Majesty's Wards and Liveries, the General Surveyors of your Grace's Lands, and other your Grace's • Courts.'

Certain Persons

a Benefice with

II. In Consideration whereof, it may please your Majesty that which may retain it may be enacted by your Highness, with the Assent of the Lords one Chaplain hav- Spiritual and Temporal, and the Commons, in this present Parliament ing beses, that assembled, and by the Authority of the same, That the Chancellor may be absent of the said Court of the Duchy of Lancaster, the Chancellor of your fom his Bencfice. Highness Court of Augmentation, the Chancellor of your Grace's Court of First-Fruits and Tenths, the Master of your Highness Wards and Liveries, and every of your Grace's General Surveyors of your Highness Lands, the Treasurer of your 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

No. 5.

his person, one Chaplain having one Benefice with Cure of Souls, 33 H. VIII. c. 13o 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.

resort to their

III. Provided alway, and be it enacted by the Authority afore- These Chaplains said, That every of the said Chaplains so being beneficed as aforesaid, must sometimes and dwelling with any the Officers afore named, shall personally Cure. repair two Times in every Year at the least to his said Benefice and Cure, and there to tarry and 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 Monety 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. 6.

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

13 Eliz c. 12.

cal Person shall

Confession of the

Authority of this present Parliament, That every Person under the by 5 Ann. c. 5. Degree of a Bishop, which doth or shall pretend to be a Priest or Minister of God's holy 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 ost gracious Sovereign Lady before the Feast of the Nativity of Christ next following, shall in the Presence of the Bishop or Guardian of the Spiritualities of some one Diocese where he hath or shall have Ecclesiastical Living, declare his Assent, and subscribe to all the Cre. Jac. 533. Articles of Keligion, which only concern the Confession of the true Every Ecclesiasti Christian Faith and the Doctrine of the Sacraments, comprised in a subscribe the ArBook imprinted, intituled, Articles, whereupon it was agreed by the ticles touching the Archbishop and Bishops of both Provinces, and the whole Clergy Faith, and declare in the Convocation holden at London in the Year of our Lord God his Assent thereone thousand five hundred and sixty-two, according to the Compu- unto tation of the Church of England, for the Avoiding the Diversities March 119. of Opinions, and for the establishing of Consent touching true 133. Vaugh. 131,. Religion put forth by the Queen's Authority; and shall bring from Lane 4. uch Bishop or Guardian of Spiritualities in Writing, under his Seal Dyer 377. authentick, a Testimonial of such Assent and Subscription: and Cro. El. 252, openly on some Sunday in the Time of the public Service afore Noon, 511, 679. in every Church where by reason of any Ecclesialtical Living he ought 1 Roll 83, 473. to attend, read both the said Testimonial and the said Articles; upon Reading of the Pain that every such Person which shall not before the said Feast do Articles and Tes as is above appointed, shall be ipso facto deprived, and all his Hob. 168. Ecclesiastical Promotions shall be void, as if he then were na- 6 Cok. 29. turally dead.

timonial.

Doctrine against

11. And that if any Person Ecclesiastical, or which shall have The Penalty for Ecclesiastical Living, shall advisedly maintain or affirm any Doctrine maintaining of directly contrary or repugnaut to any of the said Articles, and being the articles. convented before the Bishop of the Diocese of the Ordinary, or before the Queen's Highness' Commissoners in Causes Ecclesiastical, shall persist therein, or not revoke his Error, or after such Revocation

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