that of eight pound (1) or above, accept and take any other (2) with cure of soul, and be instituted and inducted, (3) in possession of the same, then and immediately after such possession had thereof, the first benefice hall be adjudged in the law to be void. X. And that it shall be lawful to every patron, having the advowson hereof, to present another, and the presentee to have the benefit of the ame, in such like manner and form as though the incumbent had died resigned; any licence union or other dispensation to the contrary tereof obtained notwithstanding. And that every such licence union r dispensation had, or hereafter to be obtained contrary to this present Act, of what name or names quality or qualities soever they be, shall be itterly void and of none effect. No. I. 21 H. VIII. c. 13. 511.b. Moor 2 Roll. 451. Cro. El. 601, 853. 1 Leonard 316. March 84. Co. pl. f. 368, 534. Cro. El. 351, 601, 853. Dyer 237, 255, XI. And if any person or persons at any time after the first day of April, 347, 351, 377. the year of our Lord GoD one thousand five hundred and thirty, con- 4 Co. 75, 78, b. rary to this Act, procure and obtain at the Court of Rome or elsewhere 24 Ed. III. f.39. ny licence or licences union toleration or dispensation, to receive and Vaughan 131. ake any mo benefices with cure than is above limited, or else at any ime after the said day put in execution any such licence toleration or ispensation before that obtained contrary to this Act, that then every ach person or persons, so after the said day suing for himself, or re- 162. pl. 97. eiving and taking such benefice by force of such licence or licences, Any dispensanion toleration or dispensation, that is to say, the same person or tion contrary to ersons only and none other shall for every such default incur the this Statute langer pain and penalty of twenty pound sterling, and also lose the shall be void. whole profits of every such benefice or benefices as he receiveth or taketh Dyer 352. y force of any such licence or licences union toleration or dispen- Savil 136. ation; the one half of which forfeiture to be to the King our Sovereign 25 H. VIII. Lord, and the other half thereof to him that will sue for the same by c. 21. Repealed riginal writ bill plaint of debt or information in any of the King's by 1 & 2 Ph. & Courts; in which action and suit no wager of law essoin or protection for the defendant shall be admitted or allowed. XII. Provided always, That this Act concerning the not keeping of mo They may keep benefices with cure of souls than one, extend, ne be prejudicial to any their benefices, person or persons, which at any time before the said first day of April, in which were The year of our Lord GoD one thousand five hundred and thirty, shall be thereof posreally intituled or possessed of any such benefices with cure of soul, as oncerning or touching any of the same benefices, whereof they shall then be already really intitled or possessed before the said day, to or under the number of four, and not above; and if any such spiritual person or persons so being intitled or possessed of mo benefices with cure of soul han four, do not by the said first day of April clearly, and without yearly pension, resign, or otherwise give up all and every such benefice and benefices as he shall be so intitled and possessed of, above the said number, that then it shall be lawful for every patron, having the advowson of any such benefice, over the number aforesaid, to present another, and the presentee to have the benefit of the same, in like manner and form as hough it had been void by death or resignation of the incumbent; any icence union or other dispensation to the contrary hereof obtained otwithstanding; and this clause of presentation to be taken and undertood in and of such benefices with cure of soul, as were given to any Euch spiritual person, after the said number of four benefices with cure urnished and fulfilled. M. c. 8. s. 4. Dyer 347. sessed Ann 1530, except they have above four. Who may purXIII. Provided also, That all spiritual men now being, or which here- chase licences after shall be of the King's Council, may purchase licence or dispensation, and have more and take receive and keep three parsonages or benefices with cure of benefices with oul; and that all other being the King's Chaplains, and not sworn of his cure of souls, Council, the Chaplains of the Queen, Prince, or Princess, or of any of than one. he King's children brethren sisters uncles or aunts, may semblably 13 Co. 5. (1) According to the valuation in the King's books, contrary to some former decisions. Gibs, 906-Watson, c. 2. (2) Without regard to value. Gibs. 906, ficient to vacate the benefice-Gibs. 906, although lapse only takes place from the time of induction. See Wolferson v. Bishop of Lincoln, 2 Wils. 174, and e, contra nomine Wolferstan in Error, 3 Bur. 1504. 1 No. I. 21 H. VIII. c. 13. 4 Co. 90, 119. Co. pl. 203, 513. 4 Co.73,89,119. 1 Anders. 200. Chaplains shall shew the Let ters of their Lords or Mas ters. Doctors and Batchelors of have two bene fices with cure. No Dispensation can licence any to have above two benefices. Archbishop may have eight Chaplains, and every Bishop four. purchase licence or dispensation, and retain and keep two parsonages and benefices with curc of soul. XIV. And in likewise, that every Archbishop and Duke may have six chaplains, whereof every one shall and may purchase licence or dispensation, and take receive and keep two parsonages or benefices with cure of soul. XV. And that every Marquis and Earl may have five Chaplains whereof every one may purchase licence or dispensation, and take receive, and keep two parsonages or benefices with cure of soul. XVI. 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 soul, as is aforesaid. XVII. 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 soul. XVIII. And that every Duchess Marchioness Countess and Baroness, being widows, may have two chaplains, whereof every one of them may purchase licence or dispensation to receive have and keep two benefices with cure of soul. XIX. 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 the Master of the Rolls may have 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 parsonages cr benefices with cure of soul. XX. And that the brethren and sons of all Temporal Lords, which arc born in wedlock, may every of them purchase licence or dispensation, and receive have and keep as many parsonages or benefices with cure, as the Chaplains of a Duke or an Archbishop. XXI. 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 soul. XXII. 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. XXIII. Be it also provided, That all Doctors and Batchelors of Divinity, Doctors of Law and Batchelors 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 said liberty, by any of the provisions aforesaid given to any of the said Counsellors Chaplains and other persons before spccified, to purchase licence or dispensation, and take receive and keep more benefices than one, after the manner and form aforesaid, be taken and understood to extend in number to no mo benefices with cure of soul, than is above limited, accounting in the same, and as parcel thereof, such benefices with cure of soul, as any the said persons shall have in real title, or in their possession, at the said first day of April, in the year of our Lord one thousand five hundred and thirty. XXIV. Provided also, That every Archbishop because he must occupy eight Chaplains at consecrations of Bishops, and every Bishop because he must occupy six 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 overy one may purchase licence and dispensation, and take receive and keep as many parsonages and benefices with cure of soul as is before assigned to such Chaplains. XXV. Provided also, and be it enacted by authority aforesaid, That Moor 561. pl. no person or persons, to whom any number of Chaplains, or any Chap763. Moor 540. pl. 712, Moor 542. pl. 719. Rast. pla, f. 599, Savil, 32, 135, 2 Roll 10. Savil. 79, 101. lain, by any of the provisions aforesaid is limited, shall in any wise, by colour of any of the same Provisions advance any spiritual person or persons above the number to them appointed, to receive or keep any mo benefices with cure of soul than is above limited by this Act, any thing specified in the said provisions notwithstanding; and if they do, then every such spiritual person and persons so advanced above the said number to incur the pain and penalty contained in this Act. No. I. 21 H. VIII. c. 13. 21.1 Lutw. 138. 2721. XXVI. Be it also further enacted by the authority aforesaid, That as What shall be well every spiritual person now being promoted to any archdeaconry, non-residence. deanery or dignity in any monastery or cathedral church, or other Cro. El. 590, church conventual or collegiate, or being beneficed with any parsonage 663,719. Cro. or vicarage, as all and every spiritual person and persons, which hereafter Car. 146. 6. Co. shall be promoted to any of the said dignities or benefices, with any But see 5 Burr. parsonage or vicarage, from the feast of Saint 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 (1) at one of his said dignities prebends or benefices, (2) 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; the one half thereof to the King our Sovereign Lord, and the other half of the same to the party that will sue for the same in any of the King's courts (3) by original writ of debt bill plaint or information: in which action and suit the defendant shall not wage his law, nor have any essoin or protection allowed. dent. XXVII. And if any person or persons procure or obtain at the court The penalty for of Rome, or elsewhere, any manner of licence or dispensation to be procuring of on-resident at their said dignities prebend or benefices, contrary to Dispensations this Act, that then every such person or persons putting in execution to be non-resiany such dispensation or licence for himself, from the said first day of April, in the year of our Lord God one thousand five hundred and thirty, shall run and incur in the penalty damage and pain of twenty pounds sterling for every time so doing, to be forfeited and recovered as is above said, and such licence or dispensation so procured, or to be put in execution, to be void and of none effect. by what means. 25 H.VIII.c.16. 33 H.VIII.c.28. XXVIII. Provided alway, That this Act of non-residence shall not 28 H.VIII. c.13. in any wise extend, ne be prejudicial to any such spiritual person as What spiritual shall chance to be in the King's service beyond the sea, nor to any person persons may be or persons going to any pilgrimage or holy place beyond the sea, during discharged of the time that they shall so be in the King's service, or in their pil- residence, and grimages going and returning home; nor to any scholar 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's or Queen's, daily or quarterly attending and abiding in the King's or Queen's most honourable households; ner to any of the Chaplains of the Prince or Princess, or any of the King's or Queen's children, brethren or sisters, attending daily in their honourable households, during so long as they shall attend in any of their said households :nor to any Chaplain of any Archbishop or Bishop, or of any spiritual or temporal Lords of the Parliament, daily attending abiding and remaining in any of their honourable households; nor to any Chaplain of any Duchess Marquis Countess Viscountess or Baroness attending daily, (1) The residence must be at the parson. age-house, or house of the dignity, if there be one; and if there be a parsonage-house within the parish, and none within the dignity, a residence at any other house within the dignity will not excuse. Law v. Ibbetson, 5 Burr. 2722. If there be no parsonage-house, the Incumbent must reside at some other house VOL. I. D within the parish. Wilkinson . Allott, cited 5 Burr. 2725. S. C. Cowp. 366. (2) This was ruled not to extend to an augmented curacy-Jenkinson v. Thomas, 4 T. Ř. 665-but the law in that respect is altered by Stat. 42 Geo, III. c. 84. (3) No information lies upon this Statute at the Assizes, Garland v. Burton, 2 Str. 1103, No. I. 21 H. VIII. c. 13. and abiding in any of their honourable households; nor to any Chaplain of the Lord Chancellor or Treasurer of England; the King's Chamberlain, or Steward of his household for the time being, the Treasurer and Comptroller of the King's most honourable household for the time being, attending daily in any of their honourable households; nor to any ChapSee 25 H. VIII. lain of any of the Knights of the honourable Order of the Garter, or of c. 16, [post the Chief Justice of the King's Bench, Warden of the Ports, or also of No. 2.] as to the the Master of the Rolls: nor to any Chaplain of the King's Secretary, Chaplains of and Dean of the Chapel, Amner for the time being, daily attending and Judges, or of dwelling in any of their households, during the time that any such the Attorney or Chaplain or Chaplains shall abide and dwell, without fraud or covin, in Solicitor geneany of the said honourable households: nor to the Master of the Rolls, or Dean of the Arches, nor to any Chancellor or Commissary of any Archbishop or Bishop; nor to as many of the twelve Masters of the Chancery and twelve Advocates of the Arches, as be or hereafter shall be spiritual men, during so long time as they shall occupy their said rooms and offices; nor to any such spiritual persons as shall happen by injunction of the Lord Chancellor, or the King's council, to be bound to any daily appearance and attendance to answer to the law, during the time of such injunction. ral; and 28 H. VIII. c. 13. s. 2, as to Stu- the Officers of cence of nonresidence. No spiritual person beneficed with cure shall take in ferm any parsonage or vicarage. Promotions not accounted benefices with cure. 3 inst. 155. XXIX. Provided also, That it shall be lawful to every spiritual person or persons, being Chaplains to the King our Sovereign Lord, to whom it shall please his Highness to give any benefices or promotions spiritual to what number soever it be, to accept and take the same without incurring the danger penalty and forfeiture in this estatute 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; (1) any thing in this present Act contained to the contrary notwithstanding. XXX. And be it further enacted by the authority aforesaid, That no spiritual person, secular or regular, beneficed with cure, as is afore rehearsed, from the feast of Saint Michael the Archangel next coming, by authority of any manner licence dispensation or otherwise, shall take any particular stipend or salary to sing for any soul, nor have nor occupy by himself, or by any other to his use, any parsonage or vicarage in ferm, of the lease or grant of any person or persons, nor take any profit or rent out of any such ferm, upon pain to forfeit forty shillings for every such week that he, or any to his use shall occupy, or have any such stipend to ferm contrary to this present Act, and upon pain to lose ten times the value of such profit or rent as he shall take out of any such ferm after the said feast; the one half of such forfeitures to be to the King our Sovereign Lord, and the other moiety to him that will sue for the same by original writ bill plaint of debt, or by information in any of the King's Courts, in which suit and action no wager of law shall be admitted for the defendant, nor any essoin or protection allowed. XXXI. Provided alway, That no Deanry Archdeaconry Chancellorship Treasurership Chantership or Prebend in any cathedral or collegiate church, nor parsonage that hath a Vicar indued, nor any benefice perpetually appropriate be taken or comprehended under the name of benefice having cure of soul in any article afore specified. (2) (1) In Brown v. Mugg, 1 Salk. 161. 2 Lord Raym. 791, it was held, first, that a presentation of the King, of his own Chaplain, does import a dispensation which the King himself, as supreme Ordinary, has a power to grant; but if the King's Chaplain be presented to a second benefice by a Subject, a dispensation is necessary, and must be obtained before his institution to a second living; -2dly, that a Chaplain extraordinary is not a Chaplain within the benefit of the Statute, but only the Chaplains in ordinary. A Chaplain to be within the Statute ought to be retained under sea. 3 Cro. 484. Gold 41. (2) Where an Act of Parliament creates a new parish church and rectory, and directs that the Bishop shall confer a certain prebend on the Rector, and that the prebend shall remain united and annexed to the rectory for ever; this is not such an appropriation of the rectory to the prebend, as makes it an appropriate benefice within this Statute, and tenable with another benefice having care of souls. So, though another Act speaks of the rectory as inseparably annexed to the prebend. Brazen-nose College v. Bishop of Salisbury, 4 Taunt. 831. No. I. 21 H. VIII. c. 13. XXXII. Provided also, and be it enacted by the authority aforesaid, That no spiritual person or persons, regular or secular, of what estate degree or condition soever he or they be, from the first day of April next coming, have use or keep by him or themselves, or by any person or persons to his or their use or commodity, any manner of tan-house or tan-houses, to be used or occupied to his or their own use commodity No spiritual or behoof; nor from the said first day of April next coming, shall have person shall use or keep any manner of brewhouse or brewhouses, to any other use keep a tanintent or behoof, than only to be spent and occupied in his or their own house or brewhouses, upon pain to forfeit for every month so using and occupying any house. 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 same 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, ne any essoin or protection allowed. XXXIII. Provided always, That every Duchess Marquess Countess The Chaplains Baroness widows which have taken or that hereafter shall take any of a Duchess, husbands under the degree of a Baron may take such number of Chap- &c. which have lains as is above limited to them being widows; and that every such taken husbands. Chaplain may purchase licence to have and take such 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 said ladies and mistresses had kept themselves widows; any thing in this present Act contained to the contrary notwithstanding. XXXIV. Provided always, That every spiritual person or persons hav- Spiritual persons ing lands tenements or other possessions in the right of their houses, may keep suffiabove the yearly value of eight hundred marks, may keep and retain in cient of their their occupation and manurance, as much of their said lands and tene- own land to ments and other possessions, as shall be necessary and sufficient for maintain their pasturage of their cattle, and for tillage of corn, to be employed and houses. spent for the only maintenance sustentation and keeping of his or their households and hospitalities, without fraud or covin': any thing in this present Act to the contrary thereof notwithstanding. A spiritual per XXXV. Provided alway, That it may be lawful to every spiritual person or persons to take in ferm any messes mansions or dwelling houses, son may take a having but only orchards or gardens in any city borough and town, for dwelling-house their own habitation or dwelling, any thing in this Act to the contrary with an orchard notwithstanding; so that no person spiritual, other than be above pro- his dwelling. vided for, for their non-residence, have any liberty of non-residence by Goldsb. 169. pl. colour of this Proviso. (1) Enforced by 25 H. 8 c. 21. which is repealed 100.3 Cro. 590. by 1 & 2 P. & M. c. 8. and revived by 1 Eliz. c. 1. or garden for (1) If a qui tam informer on this Act, be nonsuited, the defendant is intitled to costs. Wilkinson v. Allot. Cowp. 366. [No. II. ] 25 Henry VIII. c. 16.-An Act that every Judge of the High Courts may have one Chaplain be- WHERE in the Parliament holden at Westminster the twenty-first 25 H.VIII.c.16. |