« הקודםהמשך »
feit for every month fo using and occupying any of the said mysteries or occupations, ten pounds. The one moiety thereof to the King our Sovereign Lord, and the other moiety to him that will sue for the fame by original writ, bill, plaint of debt, or 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 efloin or protection allowed.
Sect. 34, 35.
Spiritual Perfons may occupy their own land. PROVIDED always, That every Spiritual person or
perfons, having lands, tenements, or other possessions in the right of their houses, above the yearly value of eight hundred marks, may keep and retain in their occupation and manurance, as much of their said lands, and tenements, and other possessions, as shall be necessary and sufficient for pasturage of their cattle, and for tillage of corn to be employed and spent for the only maintenance, sustentation, and keeping of his or their households and hospitalities, without fraud or covin: any thing in this prelent Act to the contrary thereof notwithstanding.
35. Provided alway, That it may be lawful to every fpiritual person or persons to take in ferm any messes, mansions, or dwelling-houses, having but only orchards or gardens, in any city, borough, and town, for their own habitation or dwelling ; any thing in this Act to the contrary notwithstanding; fo that no person spiritual, other than be above provided for, for their non-residence, have any liberty of non-residence by colour of this proviso.
Sect. 9, 10. A Benefice of eight pounds a year void on taking another. A ND be it enacted by the authority aforesaid, That if
any person or persons having one benefice with cure of foul, being of the yearly value of eight pounds or above, accept and take any other with cure of soul, and be instituted and inducted in possession of the fame, that then and immediately after such pofseflion had thereof, the first benefice shall be adjudged in the Law to be void. 10. And that it shall be lawful to every patron, having
the advowson thereof, to present another, and the presentee to have the benefit of the same, in such like manner and form as though the incumbent had died or resigned ; any licence, union, or other difpenfation to the contrary hereof obtained notwithstanding.
And that every such licence, union, or dispensation, had, or hereafter to be obtained, contrary to this present Act, of what name or names, quality or qualities foever they be, shall be utterly void, and of none effect.
Sect. 13-25, 29, 31, 33.
Qualifications for holding two Livings. PROVIDED also, That all spiritual men now being, or
which hereafter shall be, of the King's Council, may purchase licence or dispensation, and take, receive, and keep three parsonages or benefices with cure of foul, and that all other being the King's Chaplains, and not sworn of his Council, the Chaplains of the Queen, Prince or Princess, or any of the King's children, brethren, fifters, uncles, or aunts, may semblably purchase licence or difpensation, and receive and keep two parfonages and be nefices with cure of soul.
14. And in like wise, that every Archbishop and Duke may have fix Chaplains, whereof every one shall and may purchase licence or dispensation, and take, receive, and keep two parfonages or benefices with cure of foul.
15. And that every Marquis and Earl may have five Chaplains, whereof every one may purchafe licence or dispensation, and take, receive, and keep two parsonages or benefices with cure of foul.
16. And that every Viscount and other Bishop may have four Chaplains, whereof every one may purchase licence, and receive, have, and keep two parsonages or benefices with cure of foul, as is aforesaid.
17. And that the Chancellor of England for the time being, and every Baron and Knight of the Garter, may have three Chaplains, whereof every one shall now purchase licence or dispensation, and receive, have, and keep two parsonages or benefices with cure of foul.
18. And that every Dutchess, Marchioness, Countess, and Baroness, being widows, may have two Chaplains, whereof every one of them may purchase licence or difpensation, to receive, have, and keep two benefices with cure of foul.
19. And that the Treasurer and Comptroller of the King's house, the King's Secretary, and Dean of his Chapel, the King's Amner, and Master of the Rolls, may bave every of them two Chaplains; and the Chief Justice of the King's Bench, one Chaplain; and the Warden of the Five Ports for the time being, one Chaplain : whereof every one may purchase licence, and receive, have, and keep two parlonages or benefices with cure of soul.
20. And that the brethren and sons of all' temporal Lords, which are born in wedlock, may every of them purchase licence or dispensation, to receive, have, and keep as many parsonages or benefices with cure, as the Chaplains of a Duke, or an Archbishop.
21. And likewise the brethren and sons born in wedlock of every Knight, may every of them purchase licence or dispensation, and receive, take, and keep two parsonages or benefices with cure of foul.
22. Provided always, That the said Chaplains so purchasing, taking, receiving, and keeping benefices with cure of soul, as is aforesaid, shall be bound to have and exhibit, where need shall be, letters under the sign and seal of the King, or other their Lord and Master, testifying whose Chaplains they be ; and else not to enjoy any such plurality of benefices by being such Chaplain, any thing in this Act notwithstanding.
23. Be it also provided, That all Doctors and Bachelors of Divinity, Doctors of Law, and Bachelors of the Law Canon, and every of them, which shall be admitted to any of the said degrees by any of the Universities of this realm, and not by grace only, may purchase licence, and take, have, and keep two parsonages or benefices with cure of soul; so that always the faid liberty by any of the provisions aforesaid given to any of the said Counsellors, Chaplains, and other persons before specified, to purchafe licence or dispensation, and take, receive, and keep more benefices than one, after the manner and form aforefaid, be taken and understood to extend in number to no more benefices with cure of foul, than is above limited, accounting in the same, and as parcel thereof, such benefices with cure of foul, as any the said persons shall have in real title, or in their poffeffion, at the said first day of April, in the year of our Lord one thousand five hundred and thirty.
24. Provided also, That every Archbishop, because he must occupy eight Chaplains at Consecrations of Bishops, and every Bishop, because he must occupy fix Chaplains at giving of Orders, and Consecration of Churches, may every of them have two Chaplains over and above the number above limited unto them, whereof every one may purchase licence or dispensation, and take, receive, and keep as many parsonages and benefices with cure of soul, as is before assigned to such Chaplains.
25. Provided also, and be it enacted by authority afore said, That no person or persons, to whom any number of Chaplains, or any Chaplain, by any of the provifions aforesaid is limited, shall in any wise, by colour of any of the same provisions, advance any spiritual per. son or persons, above the number to them appointed, to receive or keep any more benefices with cure of foul, than is above limited by this Ac; any thing specified in the said provisions notwithstanding: and if they do, then every such spiritual person and persons, fo advanced above the said number, to incur the pain and penalty contained in this Act.
29. Provided also, That it shall be lawful to every spiritual person or persons, being Chaplains to the King our Sovereign Lord, to whom it Thall please his Highness to give any benefices or promotions' spiritual, to what number foever it be, to accept and take the same, without incurring the danger, penalty, and forfeiture in this Eftatute comprised; and that also it shall be lawful to the King's Highness to give licence to every of his own Chaplains for non-residence 'upon their benefices; any. thing in this present Act contained to the contrary notwithstanding
31. Provided alway, That no Deanery, Archdeaconry, Chancellorship, Treasurership, Chantership, or Prebend in any Cathedral or Collegiate Church, nor Parsonage that hath a Vicar endowed, nor any benefice perpetually appropriate, be taken or comprehended under the name of Benefice having cure of soul, in any
article afore fpecified.
33. Provided always, that every Dutchess, Marchioness, Countess, Baronefs, widows, which have taken, or that hereafter shall take, any husbands under the degree of a Baron, may take such number of Chaplains, as is above limited to them being widows; and that every such Chaplain may purchale licence to have and take fuch number of benefices with cure of soul, and have like liberty of non-residence, in manner and form as they might have done, if their faid ladies and mistreffes had
kept kept themselves widows; any thing in this present Act contained to the contrary notwithstanding.
Sect. 26, 28.
Residence, and Exemptions. BE E it also further enacted by the authority aforesaid, ,
That as well every fpiritual person now being promoted to any Archdeaconry, Deanery, or dignity in any Monastery or Cathedral Church, or other Church conventual or collegiate, or being beneficed with any parsonage or vicarage, as all and every spiritual person and perfons, which hereafter shall be promoted to any of the said dignities or benefices, with any parsonage or vicarage, from the feast of St. Michael the Archangel next coming, shall be personally resident and abiding in, at, and upon his said dignity, prebend, or benefice, or at one of them at the least. And in case that any such spiritual person, at any time after the said feast, keep not residence at one of his faid dignities, prebends, 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
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; the one half thereof to the King our Sovereign Lord, and the other half of the fame to the party that will sue for the same in any of the King's Courts, by original writ of debt, bill, plaint, or information : in which action and suit the defendant shall not wage his law, nor have any effoin or protection allowed.
28. Provided alway, That this Act of non-residence shall not in any wise extend, nor be prejudicial, to any such spiritual person as shall chance to be in the King's service beyond the sea, nor to any person or persons going to any pilgrimage or holy place beyond the sea, during the time that they shall so be in the King's service, or in the pilgrimages going and returning home; nor to any sclioJar or scholars being conversant and abiding for study, without fraud or covin, at any University within this realm or without; nor to any of the Chaplains of the King or Queen, daily or quarterly attending and abiding in the King's or Queen's most honourable households; nor to any of the Chaplains of the Prince or Princels, or any of the King's or Queen's children, brethren or fil