No. 1. Benefices, with any Parsonage or Vicarage, from the Feast of Saint -21 HI. VIII. c. 13. 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. The Penalty for pensations to be on-resident. XXVII. And if any Person or Persons procure or obtain at the curing of Dis- Court of Rome, or elsewhere, any Manner of Licence or Dispensation to be non-resident at their said Dignities, Prebend, or Benefices, contrary to this Act, that then every such Person or Persons putting in Execution any 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. sidence, and by XXVIII. Provided alway, That this Act of Non-residence shall 28 H. VIII. e. 13. What spiritual not in any wise extend, ne be prejudicial to any such spiritual Person Persons may be as shall chance to be in the King's Service beyond the Sea, nor to discharged of Re- 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 their Pilgrimages 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 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 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, 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 (1) The Residence must be at the Parsonage 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. 2792. If there be no Parsonage House, the Incumbent must reside at some other House within the Parish. Wilkinson v. Allot, cited 5 Burr, 2725. (2) This was ruled not to extend to an augmented Curacy-Jenkinson v. Thomas, 4 T. R. 695-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. of Judges, or of and 28 H. VIII. Comptroller of the King's most honourable Household for the Time No. 1. being, attending daily in any of their honourable Households; nor to 21 H. VIII. c. 15. any Chaplain of any of the Knights of the honourable Order of the See 25 H. VIII. Garter, or of the Chief Justice of the King's Bench, Warden of the c 16, [post No. 2,] Ports, or also of the Master of the Rolls; nor to any Chaplain of the as to the Chaplains King's Secretary, and Dean of the Chapel, Amner for the Time being, the Attorney or daily attending and dwelling in any of their Households, during the Solicitor General; Tine that any such Chaplain or Chaplains shall abide and dwell, c. 13, s. 2, as to without Fraud or Covin, in any of the said honourable Households, Students in either nor to the Master of the Rolls, or Dean of the Arches, nor to any No. 4] aud 33 H. Chancellor or Commissary of any Archbishop or Bishop; nor to as VIII c. 28, [post many of the Twelve Masters of the Chancery, and Twelve Advocates No 5,] as to Ch-p. of the Arches, as be or hereafter shall be spiritual Men, during so cers of the Duch long Time as they shall occupy their said Rooms and Offices; nor to of Lancaster, &c. 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 Injuuction. University, [post lains of the Off residence. XXIX. Provided also, That it shall be lawful to every spiritual The King's LiPerson or Persons, being Chaplains to the King our Sovereign Lord, cence of Now to whom it shall please his Highness to give any Benefices or Promotions spiritual, to what Number soever they 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 Nonresidence upon their Benefices; any Thing in this present Act contained to the contrary notwithstanding (1) Feim any Parsons XXX. And be it further enacted by the Authority aforesaid, No spiritual PerThat no spiritual Person, secular or regular, beneficed with Cure, as son beneficed with is atore rehearsed, from the Feast of Saint Michael the Archangel next Cure shall take in coming, by Authority of any Manner, Licence, Dispensation, or other- age or Vicarage. wise, 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. accounted Bene XXXI. Provided alway, That no Deanry, Archdeaconry, Chan- Promotions not cellorship, Treasurership, Chantership, or Prebend in any Cathedral ores with Cure. Collegiate Church, nor Parsonage that hath a Vicar indued, nor any 3 Inst. 156. Benefice perpetu ally appropriate, be taken or comprehended under the Name of Benefice having Cure of Soul in any Arucle afore specified. (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 Seal. 3 Cro. 484, Gold 41. Tanhouse or Brew. hease. No. 1. XXXII. Provided also, and be it enacted by the Authority aforeH. VIII. c. 13. said, That no spiritual Person or Persons, regular or secular, of what No spiritual Per- Estate, Degree, or Condition soever he or they be, from the First Day son shall keeps 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, or Behoof; nor from the said First Day of April next coming, shall have, use, or keep any Mauner of Brewhouse, or Brew-houses, to any other Use, Intent, or Behoof, than only to be spent and occupied in his or their own Houses, upon pain to forfeit for every Month so 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 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. Husbands. XXXIII. Provided always, That every Duchess, Marquess, The Chaplains of Duchess, &c. Countess, Baroness, Widows, which have taken, or that hereafter shall which have taken 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 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 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 Housholds and Hospitalities, without Fraud or Covin; any Thing in this present Act to the contrary thereof notwithstanding. Spiritual Persons may keep sullicient of their own Land to maintain their Houses. A spiritual Person Orchard or Gar XXXV. Provided alway, That it may be lawful to every spiritual may take a Dwel- Person or Persons to take in Ferm any Messes, Mansions, or Dwelling ling-house with an Houses, having but only Orchards or Gardens, in any City, Borough, den for his Dwel- and Town, for their own Habitation or Dwelling, any Thing in this Act to the contrary notwithstanding; so that no Person spiritual. Goldsb. 169. other than be above provided for, for their Non-residence, have any Liberty of Non-residence by Colour of this Proviso. (1) Enforced by 25 H. 8 c. 21. which is repealed by 1 & 2 P. & M. c. 8. and revived by 1 Eliz. c. 1. ling. 3 Cro. 590. 23 H. VII. c. 16. 21 H. VIII. c. 13. (1) If a qui tam Informer, on this Act, be nonsuited, the Defendant is intitled to Costs. Cowp. 366. 25 Henry VIII. c. the High Courts No. 2. 16.-An Act that every Judge of may have one Chaplain beneficed HERE in the Parliament holden at Westminster the twenty W first Year of the Reign of our Sovereign Lord King HENRY the Eighth, it was among other Things ordained and provided, That ⚫ certain honourable Persons, as well Spiritual as Temporal, shall have Chaplains beneficed with Cure, to serve them in their honourable 'Houses, which Chaplains shall not incur the Danger of any Penalty No. 2. 'or Forfeiture made or declared in the same Parliament for Nonresi- 25 H. VIII. c. 16% 'dence upon their said Benefices, or for obtaining Licences for Dis'pensations of Pluralities: In the which Act no Provision was made for any of the King's Judges of his High Courts, commonly called 'the King's Bench and the Common Pleas, except only for the Chief "Judge of the King's Bench, nor for the Chancellor nor the Chief Baron of the King's Exchequer, nor for any other inferior Persons being of the King's most honourable Council, as by the said Act 'may appear.' 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. No. 3. 28 Henry VIII. c. 11.-For the Restitution of the FirstFruits in Time of Vacation to the next Incumbent. 1 Roll 462, 469 FORASMUCH as in the Statute of the Payment unto the King's 28 H. VIII. c. 11Majesty, his Heirs and Successors, of the First-fruits of The Reasons for Spiritual Promotions, Offices, Benefices and Dignities within this making this Act. Realm, and other the King's Dominions, express Mention and De- 26 H. VIII. c.3. 'claration 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, Offices, Promotions and Dignities Spiritual, during the Time of Vacation thereof, divers of the Archbishops and Bishops of this Realm have, not only when 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 Vacation; 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 their Benefices and Promotions, to their great Loss and Hindrance.' which First-Fruits Ill. For Reformation whereof, Be it ordained and enacted by the F be restered to the No. 3. counted immediately after the Avoidance or Vacation of any such 28 H. VIII. c. 11. Benefice or Promotions Spiritual afore rehearsed; and that the Tithes, Fruits taken du. Fruits, Oblations, Obventions, Emoluments, Commodities, Advanring the Vacation tages, Rents and all other whatsoever Revenues, Casualties or Profits, of a Benefice, shall certain and uncertain, affering or belonging to any Archdeaconry, next Incumbent. Deanry, Prebend, Parsonage, Vicarage, Hospital, Wardenship, See 1 El. c4 $24. Provostship, or other Spiritual Promotion, Benefice, Dignity or Co. pl. f. 366.b. 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 First-fruits 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. Vin. Ab. V. 13. 375 to 378. The Forfeiture of the Ordinary which receiveth the Fruits of a Be nefice during the Vacation, and doth not restore them to the next Incumbent Fruits of a Beue Hands, and for what Causes. IV. And it is also enacted by the Authority aforesaid, That if any Archbishop, Bishop, Archdeacon, Ordinary, or any other Person or Persons to their Uses and Behoof, 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, coming, growing or belonging, or which hereafter shall come, grow, affere, or belong to any Archdeaconry, Deanry, Prebend, Parsonage, Vicarage, Hospital, Wardenship, Provostship or other Spiritual Promotion, Benefice, Dignity or Office (Chaunteries only excepted) within this Realm or other the King's Dominions, during the Vacation of such Archdeaconry, Deanry Prebend, Parsonage, Vicarage, Hospital, Wardenship, Provostship or other Spiritual Promotion, Benefice, Dignity or Office (Chaunteries only excepted) and the same, upon reasonable Request from henceforth to be made, 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 of Essoin shall be unto the Defendant allowed. V. Provided alway, That it shall be lawful to every Archbishop, What Part of the Bishop, Archdeacon and Ordinary, their Officers and Ministers, to fice the Ordinary retain in his or their Custody so much of the Tithes, Fruits, may retain in his Obventions, Oblations, Emoluments, Commodities, Advantages, Rents, Revenues, Casualties, and Profits, as shall amount to pay unto such Person or Persons, as hath or shall serve or keep the Cure of such Archdeaconry, Deanry, Prebend, Parsonage, or Vicarage, or other spiritual Promotion, during the Vacation, his or their reasonable Stipend or Salary; and also for the Collection, Gathering, and Levying of such Tithes, Fruits, Emoluments, Rents, and other |