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No. 10.

• VII. And whereas in one other Statute made in the said thir'teenth Year of her Majesty, intituled, An Act touching Leases of 18 Eliz. c. 11. • Benefices, and other Ecclesiastical Livings with Cure, one Clause is 13 El. c. 20. contained, That the Incumbent offending the Purport of the said Reapealed 43 Statute shall for the same lose one Year's Profit of his said Benefice, G. 3.

to be distributed by the Ordinary among the Poor of the Parish, as See 43 El. c. 11. by the said Branch in the said last recited Statute appeareth: Be it 1 Jac. c. 3. therefore enacted by the Authority aforesaid, That after Complaint In what Case Semade to the Ordinary, and Sentence given upon any Offence commit- questration may be red by the Incumbent, whereby he shall or ought to lose one Year's granted by the OrProft of his Benefice as afore shewed, that the Ordinary within two ice demised condinary of a BeneMonths after such Sentence given, and Request to him made by the atrry to the Stat of Churchwardens of the said Parish or one of them, shall grant the Se- 13 El. c. 20. questration of such Profits to such Inhabitant or Inhabitants within the Parish where such Benefice shall be, as to him shall seem meet

retain the Tithes

and convenient; and upon Default therein by the Ordinary, that it In what Case the may and shall be lawful to every Parishioner where the Benefice is, to Parishioners may retain and keep his or their Tithes, and likewise for the Churehwardens of the said Parish, to enter and take the Profits of the Glebe Lands, and other Rents and Duties of every such Benefice, to be employed to the Use of the Poor as aforesaid, until such Time as Sequestration shall be committed by the Ordinary, and then as well the Churchwardens as the Parishioners, to yield Account of, and make Payment to him or them to whom such Sequestration shall be committed; and that he or they to whom such Sequestration shall be committed from Time to Time shall justly and truly employ and bestow the said Profits, or the true and just Value thereof, without Fraud or Guile, to such Uses as by the said Statute is limited and appointed, upon Pain of Forfeiture of the double Value of such withholden Profits, to be recovered in the Ecclesiastical Court by the Poor of the said Parish. 4 Co. 120. Co. Lit. 44.

No. 11.

43 Elizabeth, c. 11.-An Act for Continuanue of divers Statutes, and for Repeal of some others.

VIII. And that an Act made in the thirteenth Year of the

P.

43 Eliz. c. 11.

Leases

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nagis for Leases

Queen's Majesty's Reign that now is, intituled, An Act touching 13 Eliz c. 20, Leases of Benefices and other Ecclesiastical Livings with Cure,' toge- Cotinuance ther with all and every Explanations, Additions and Alterations 14 Eliz. c. 11. thereof, or thereunto made by any other Statute or Statutes made 18 Eliz. c. 11. sithence the making of the said Act, and now continuing in Force; Judgments void as with this further Addition to be enacted by Authority of this present Bonds and CoveParliament, That all Judgments hereafter to be had, for the Intent to of Benefices with have or enjoy any Lease contrary to the said Statutes, or any of them, Cure. shall be deemed void in such Sort as Bonds and Covenants are appointed to be void which are made for that Purpose, shall be con tinued and remain in Force until the End of the first Session of the next Parliament.❤

*This and other Statutes, after divers Continuances, are in Effect made perpetual by Stat. 16 Chas. I. c. 4.

1 Jac. I. c. 3.

All Assuran es

made to the King

of the Lands of Bi-hops shall be

void

By the Statute of

1 El c. 19,
Do Bisnop can

make any Lease of

his Land but for

ject

No. 12.

1 James I. c. 3.-An Act against the Diminution of the
Possessions of Archbishopricks and Bishopricks, and for
avoiding of Dilapidations of the same.

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W Realm of England, were in ancient Times founded by

WHEREAS all the Archbishopricks and Bishopricks within

his Majesty's most noble Progenitors, Kings of this Realm, and in Respect thereof, his Majesty is lawful and rightful Patron of all and every of the same: And where also by the Laws and Statutes of this Realm,, no Archbishop or Bishop can make any Conveyance, Assurance, or Estate whatsoever, of any Honours, Castles, Manors, Lands, Tenements, or Hereditaments, Parcel of the Possessions of his Archbishoprick or Bishoprick, or united, appertaining or belong21 Years, or threeing to any of the same, to any Subject whatsoever, whereby any Lives, to a Sub Estate should or might pass from any Archbishop or Bishop, other than for Term of One and Twenty Years, or Three Lives, with such Reservations of Rent, and in such Manner and Form, as by the Laws and Statutes are provided: His most Excellent Majesty understanding that divers Persons have, with great Suit and Importunity, sought to frustrate the true End and Intent of the said good Laws and Statutes in that Behalf, of his Christian and Princely Piety and Care, minding so to patronize and protect the said Possessions from Alienation or Diminution, as that the same may, according to the true Intent of the Founders, remain and continue in Succession to the Archbishops and Bishops of this Realm, and their Successors, for the better Maintenance of God's true Religion, keeping of Hospitality, and avoiding of Dilapidations, and thereby for ever hereafter to avoid all Suits and Importunities for or concerning any of the said Possessions, hath, out of his own meer and godly Motion, and of his blessed Disposition for the publich Good, without all Regard of any private Respect, vouchsafed and is pleased, That it may be enacted and established by his Majesty, by and with the Assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled:!

assure his Land to
the King.
10 Co. 62.

11 Co. 71.

II. And be it enacted and established by Authority of the same, No Bishop shall That every Archbishop and Bishop within this Realm, and their and every of their Successors, shall be, from and after the End of this present Session of Parliament, for ever wholly and utterly disabled in Law, to make, do, levy or suffer any Act or Acts, Thing or Things, whereby or by Means whereof, any of the said Honours, Castles, Manors, Lands, Tenements, or Hereditaments, or any Part of them, or any of them, shall or may be aliened, assured, given, granted, demised, charged, or in any Sort conveyed to our said Sovereign Lord the King, his Heirs or Successors: And that all Alienations, Assurances, Gifts, Grauts, Leases, Charges, and Conveyances whatsoever, from and after the End of this present Session of Parliament, to be done, suffered, or made to our Sovereign Lord the King, his Heirs or Successors, by any Archbishop or Bishop, or their or any of their Successors, of or out of any of the said Possessions, or of or out of any Part or Parcel of them, or any of them, and all and every Confirmation and Confirmations of the same, shall be from and after the End of this present Session of Parliament utterly void and of none Effect, to all Intents, Constructions and Purposes; any former Law, Statute, Act, Ordinance, or other Matter or Thing to the contrary notwithstanding.

Co. Lit. 44.

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No. 13.

5 George III. c. 17.-An Act to confirm all Leases already made by Archbishops and Bishops, and other Ecclesiastical Persons, of Tythes and other Incorporeal Hereditaments, for one, two, or three Life or Lives, or twentyone Years; and to enable them to grant such Leases and to bring Actions of Debt for Recovery of Rents reserved and in Arrear on Leases for Life or Lives.

W or any

THEREAS it may be doubtful whether, by the Laws now in

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5 Geo. III. c. 17.

other Head and Members of Colleges or Halls, Deans and Chapters, • Precentors, Prebendaries, Masters and Guardians of Hospitals, or any other Person or Persons having any Spiritual or Ecclesiastical Promotions, heretofore had, or now have, any Power to make or grant any Lease or Leases of Tythes, or other Incorporeal Hereditaments only, which lie in Grant and not in Livery, for one, two, or three Lives, ar for any Term or Terms of Years not exceeding Twenty-one Years, ⚫ although the ancient Rent or yearly Sum is thereby mentioned to be ⚫ reserved, and all other Requisites prescribed by the Acts of Parliament now in being to that End, or any of them, were or are justly ' and truly observed and performed, by Reason that there is generally no Place wherein a Distress can be had or taken for such Rent or yearly Sum; and it may be also doubtful whether, in Cases of such Leases for Life or Lives, there is any Remedy in Law for such Ecclesiastical or other Persons by Action of Debt or otherwise, for recovering the Rent or yearly Sum due and in Arrear which is mentioned to be reserved on such Leases for Life or Lives: Therefore, for obviating all Doubts touching the same, and enabling the said Archbishops and Bishops, Masters and Fellows, or other Heads and 'Members of Colleges or Halls, Deans and Chapters, Precentors, Prebendaries, Masters and Guardians of Hospitals, and other Eccle<siastical Persons, to make valid Leases of such their Incorporeal • Hereditaments, and to recover the Rents or yearly Sum mentioned to be reserved on any Leases by them already granted, or to be granted, for one, two, or three Lives, as aforesaid; and also to make good ⚫ and effectual all such Leases as have already been granted by them, or any of them: May it please your Majesty, that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Au- Leases made by thority of the same, That all Leases for one, two, or three Life or Ecclesiastical Per Lives, or any Term not exceeding twenty-one Years, already made and sons, of Incorporcal Heredita granted, or which shall at any Time from and after the passing this ments for Life, or Act be made or granted, of any Tythes, Tolls, or other Incorporeal Years, declared to Hereditaments, solely, and without any Lands or Corporeal Heredita- be good. ments, by any Archbishop or Bishop, Master and Fellows, or other Head and Members of Colleges or Hails. Deans and Chapters, Precentors, Prebendaries, Masters and Guardians of Hospitals, and every other Person and Persons, who are enabled by the several Statutes now in being, or any of them, to make any Lease or Leases for one, two or three Life or Lives, or any Term or Number of Years not exceeding twenty-one Yesrs, of any Lands, Tenements, or other Corporeal Hereditaments, shall be, and are hereby deemed and declared to be, as good and effectual in Law against such Archbishop, Bishop, Masters and

No. 13. Fellows, or other Heads and Members of Colleges or Halls, Deans and 5 Geo. III. c. 17. Chapters, Precentors, Prebendaries, Masters and Guardians of Hospi

tals, and other Persons so granting the same, and their Successors, and every of them, to all Intents and Purposes, as any Lease or Leases already made or to be made by any such Archbishop or Bishop, Master and Fellows, or other Heads and Members of Colleges or Halls, Deans and Chapters, Precentors, Prebendaries, Masters and Guardians of Hospitals, and other Persons having Spiritual Promotion, of any Lands or other Corporeal Hereditaments now are, by Virtue of the Statute 32 H. 8, c. 28. of the thirty-second Year of King HENRY the Eighth, or any other Statute now in being; any Law, Custom, or Usage, to the contrary thereof in any wise notwithstanding.

in Arreal, &c.

II Provided always, That Nothing herein contained shall extend, or be construed to extend, to enable any Master and Fellows, or other Head and Members of Colleges or Halls, Deans and Chapters, Precentors, Prebendaries, Masters and Guardians of Hospitals, or other Ecclesiastical Persons as aforesaid, to grant Leases for any longer or other Terms than, by the local Statutes of their several Foundations, they are now respectively enabled to do.

III. And be it further enacted and declared by the Authority Actions may be aforesaid, That in case the Rent or Rents, or yearly Sum or Sums, rebrought for Rents served or made payable in or by any Lease or Leases already made or to be made by any Archbishop or Bishop, Master and Fellows, or other Head and Members of Colleges or Halls, Deans and Chapters, Precentors, Prebendaries, Masters and Guardians of Hospitals, and every other Person and Persons so enabled to make Leases as aforesaid, for one, two, or three Life or Lives, or Years, in pursuance of the several Acts of Parliament already in being, or by this present Act, or any Part thereof, shall be behind or unpaid by the Space of twentyeight Days next over or after any of the Days whereon the same, by such Lease or Leases, now are or hereafter shall or may be reserved and made payable; then, and so often, and, from Time to Time, as it shall so happen, it shall and may be lawful for such Archbishop or Bishops, Master and Fellows, or other Head and Members of Colleges or Halls, Deans and Chapters, Prebendaries, Precentors, Masters and Guardians of Hospitals, and other Persons so making or granting, or having made or granted, such Leases as aforesaid, or their Executors, Administrators, and Successors respectively, to bring an Action or Actions of Debt against the Lessee or Lessees to whom any such Lease or Leases for Life or Lives, or Years, now are or hereafter shall be made and granted, his, her, or their Heirs, Executors, Administra tors, or Assigns, for recovering the Rent or Rents which shall be then due and in Arrear to any such Archbishop or Bishops, Masters and Fellows, or other Heads and Members of Colleges or Halls, Deans, Chapters, Precentors, Prebendaries, Master and Guardians of Hospitals, and other Person or Persons before mentioned, his or their Executors, Administrators, or Successors, in such and the same Manner, and as fully and effectually to all Intents and Purposes, as any Landlord or Lessor, or other Person or Persons, could or might do for recovering of Arrears of Rent due on any Lease or Leases for Life or Lives, or Years, by the Laws now in being; any Law, Statute, Usage, or Custom, to the contrary notwithstanding

Publick Act.

IV. And it is hereby further enacted and declared by the Autho rity aforesaid, That this Act shall be deemed and taken to be a Public Act; and shall be judicially taken Notice of as such, in all Courts of Law and Equity, without specially pleading the same.

Pt. II. Cl. VIII.]

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No. 14.

39 40 George III. c. 41.-An Act for explaining and amending several Acts, made in the thirty-second Year of King HENRY the Eighth, and the first, thirteenth, and fourteenth Years of the Reign of Queen ELIZABETH, so far as respects Leases granted by Archbishops, Bishops, Masters and Fellows of Colleges, Deans and Chapters of Cathedral and Collegiate Churches, Masters and Guardians of Hospitals, and others having any Spiritual or Ecclesiastical Living or Promotion. [16th May, 1800,] HEREAS Doubts have arisen whether Archbishops, Bishops, 39 & 40 Geo, III. Masters and Fellows of Colleges, Deans and Chapters of 'Cathedral and Collegiate Churches, Masters and Guardians of Hospitals, and others having any Spiritual or Ecclesiastical Living or Promotion, who are by several Acts, passed in the Reigns of their late Majesties King HENRY the Eighth and Queen ELIZABETH, restrained from granting any Leases of their Estates whereon the accustomed yearly Rent is not reserved, can lawfully grant separate Leases of Parts of Lands or Tenements which have been usually demised by 'one Lease and under one Rent, reserving on the several Parts so de'mised less than the Rent anciently reserved on the Demise of the Whole, though the Aggregate Amount of the Rents so reserved on 'such separate Demises should be equal to or exceed the Amount of the annual accustomed Rent for the Whole: And whereas many 'such separate Leases have been granted, and great Inconvenience may ' arise to Persons claiming under such Leases, if such Leases should ⚫ not be deemed valid and effectual, in case the Amount of the Rent anciently reserved on Demises of the Whole shall appear to have been reserved on the separate Demises of the different Parts; and the Power of dividing Tenements, anciently so demised, in one Parcel at 'one Rent, may in many Cases tend to improve the Value of the 'Estates belonging to such Ecclesiastical Persons and Bodies respectively, as well as to the Benefit of their Lessees and the Publick;' of the Possessions May it therefore please your Majesty that it may be enacted; and be it of any Archbishop, ing any Ecclesiasenacted by the King's most Excellent Majesty, by and with the Ad- &c or Person hav. vice and Consent of the Lords Spiritual and Temporal, and Commons, tical Living, shall in this present Parliament assembled, and by the Authority of the be same, That in all Cases where any Honours, Castles, Manors, Mes- which was foriner suages, Lands, Tythes, Tenements, or other Hereditaments, being ly demised by one Parcel of the Possessions of any Archbishop, Bishop, Master and Fellows, Dean and Chapter, Master or Guardian of any Hospital, or for less than the any other Person or Persons, or Body or Bodies Politick or Corporate, having any Spiritual or Ecclesiastical Living or Promotion, and hav- be retained in the ing been anciently or accustomably demised by one Lease under one Possession of the Rent, or divers Rents issuing out of the Whole, now are or shall Lessor, the several hereafter be demised by several Leases to one or several Persons under the separate Dean apportioned or several Rents, or where a Part only of such Ho- mises of the specinours, Manors, Messuages, Lands, Tythes, Tenements, or other Here- taken to be the an in the Meaning of ditaments as last mentioned, are or shall be demised by a separate cient Rents with32 H. 8, c. 28. Lease or Leases, under a less Rent or less Rents than was or were ac1 Eliz. c. 19. customably reserved for the Whole by such former Lease, and the Residue thereof is or shall be retained in the Possession or Occupation 13 Eliz. c. 10. of the Lessor or Lessors, the several and distinct Rents reserved on the & 14 Eliz. c.11

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Where any Part.

demised by several Leases,

or where a Part shall be demised

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