his Patentees after the Leases determined shall hold them discharged whilst the Patentees and Owners hold them in their own hands but the Kings Tenants shall hold them discharged because of the Royal Prerogative of his Person not being intended fit for Husbandry Having now said thus much of the four legal manner of discharges beforementioned 5 Perpetual unity Co. 1.47 b⸪ c. Co. 11.14 b. Dyer 349. p. 16. More 528. Hob. 311⸪ 306 298⸫ 300⸫ 2 Inst 655⸫ More 46 47. Cro. Jac. 608. I shall proceed to that of perpetual unity which cannot be said to be a legal discharge of the payment of Tithes Yet because the Abbots Priors c. at the time of the dissolution held the Lands discharged of the payment of Tithes though not legally discharged of Tithes it hath been resolved by many Judgments and setled that this is a good discharge within the meaning of the aforesaid clause of 31 H. 8. Now that which we call a perpetual unity is as hath been said where an Abbot Definition Prior c. time out of mind have been seized of the Lands out of which the Tithes arise and the Rectory within which Parish the Lands lye And it is to be observed that every perpetual unity that shall discharge the Lands from the payment of Tithes must have these four qualities First Co. 11.44 b⸪ Hob. 300⸪ it must be justa that is by good and lawful Titles Secondly It must be perpetual that is the Abbey must be founded and indowed with the Land and Rectory before the time of memory which by the rules of the Common Law as has been said must be before the first Year of R. 1. for if by any Records Deeds or other legal and good evidence it can be made appear that either the Land or Rectory came to the Abbey since the said first Year of R. 1. the union is not perpetual and yet if the appropriation be antient as in the time of E. 4. or before though the Lands cannot be discharged upon the score of perpetual unity yet they may by prescription if in truth the Lands were held discharged of the payment of Tithes Thirdly such unity as shall discharge Lands of the payment of Tithes within this Law must be aequalis That is the Abbots Priors c. must be seized in fee-simple as well of the Lands upon which c. as of the Rectory Lastly such unity must be libera that is free from the payment of any manner of Tithes for if their Farmers at will years c. have paid any manner of Tithes to the Abbots Priors c. Cro. Jac. 454 482. or their Farmers of the Rectories the perpetual unity will not serve And therefore where such perpetual unity is pleaded in discharge of Tithes the adverse party may reply that the Tenants or Farmers before the dissolution paid some sort of Tithes and so avoid the perpetual unity Having first given the Reader satisfaction that all the Lands that came to the Crown by the Statute of 27 H. 8. and before can have no benefit of the discharge given by the Statute of 31 H. 8. and having also shewed how many ways Lands may be discharged from payment of Tithes that came to the Crown by the said Statute of 31 H. 8. It rests now that I should say something of those Lands that have since come to the Crown by the Statutes of 32 H. 8. cap. 24. 37 H. 8. cap. 4. and 1 E. Co. 2.47 a. How other Lands stand that came not to the Crown by 31 H 8. 6. cap. 14. It is a Rule taken in the Arch-Bishop of Canterburies Case that neither the Letter nor the meaning of the Statute of 31 H. 8. extended to free or discharge any Lands from the payment of Tithes save those that came to the Crown by that Act for as that Book says it is absurd that the branch of the Statute of 31 H. 8. concerning Tithes should be extended to a future Act that the makers of the Statute of 31 H. 8. without the Spirit of Prophesy could not have the prescience of And as to those that came to the Crown by the Statute of 32 H. More 913. Cro. Jac 57. Hill 2 Jac. 8. cap. 24. It was adjudged in the case of Spurling and Quarles that they are not discharged of the payment of Tithes Jones 182 c. Latch 89. Hughes 392. Bridgm. 32. But there is a later Judgment that seems to oppose these former resolutions it was between one Witton and Sir Richard Weston that was after Lord Treasurer Trin. 4. Car. 1. B. R. and the question was whether those Lands of the Hospitaliers that came to the Crown by the Statute of 3 H. cap. 24. were discharged of the payment of Tithes by that Statute of 32 H. 8. or by the former Statute of 31. and in that case Dodridg and Jones Justices held that they were discharged within the Statute of 31 H. 8. and they did in effect deny the Books before cited to be Law the chief Justice Hide was of opinion that they were not discharged by the Statute of 31 H. 8. but by that of 32. So that by their three opinions the defendant Sir Richard Weston had judgment but Whitlock was of opinion that those Lands were not discharged of the payment of Tithes by the one Statute or the other now upon the whole matter I shall submit to the Judicious Readers Judgment whether this later resolution be of any weight to shake the former resolutions since in this case though there were three for giving Judgment for the Defendant yet to the point controverted upon the Statute of 31 H. 8. they were two against two and that they were not discharged by the Statute of 32. there were three against the chief Justice Hide So that I conceive the Law remains according to the former resolutions that there are no Lands freed from the payment of Tithes by any Statute but those that came to the Crown by the Statute of 31 H. 8. I must confess I have met with no Judgments upon those Lands which came to the Crown by the Statute of 37 H. 8. but those being the same with those that came to the Crown by the Statute of 1 E. 6. cap. 14. I conceive neither those that came to the Crown by either of those later Statutes have any priviledg at all and it is agreed in that very case of Witton and Weston that those Lands that came to the Crown by 1 E. Jones 185. Cro. 2.470 .. Co. 2.47 a. 6. could not have any benefit by the clause of discharge in the Statute of 31 H. 8. So that I shall conclude that there is no Land can have any priviledg at this day to be discharged of Tithes that belonged to the Abbots Priors c. but such only as came to the Crown by the Statute of 31 H. 8. cap. 13. CHAP. XXII The Two and Twentieth Chapter
was in the Bishop of Waterford's Case which was thus The Bishop of Waterford had long agoe the Bishoprick of Lismore and the Chapter united to that of Waterford And in all Grants made of the Lands belonging to Lismore that Chapter only confirmed and all Grants made of the Lands antiently belonging to the Bishoprick of Waterford the Chapter of Waterford only confirmed Co. 12.71 a⸪ b⸫ and because the Union was not extant all the Judges held the confirmation of the one in the manner aforesaid was good for it shall be intended that it was so provided for upon the consolidation but otherwise all the Judges held Dyer 282. p. 26. that both Chapters ought to have confirmed But if a Bishop had two Chapters Ibid. and one of them surrender is suspended or dissolved the confirmation of the other suffices There is a Case in Mr. Justice Harpur's Reports M. 14 and 15 El. where the Case is put That a Bishop made a Lease â— die Maii confirmed the third day and sealed the fourth day of May and held good Lease and well confirmed But a Confirmation by the Dean and Chapter after the death of the Bishop comes too late by Catlyne Harâ—ur Rep. m. 14 and 15 El. Southcoate and Windham against Wray But if a Bishop make several concurrent Leases T. 6. El. More 66. and the latter is first confirmed and after the first is confirmed in this Case the first Lease shall be preferred because nothing passes by the Confirmation in point of Interest but a mere Consent If a Bishop make a Grant to the King T. 8. Jac. S. Sir Edw. Dimock's Case Rolls 1.477 h. 7. Crok El. 141. More 253. which is confirmed by the Dean and Chapter before the Grant is inrolled this is well enough But note that a Bishop cannot make a concurrent Lease for life though upon a precedent Lease for Years nor a concurrent Lease for years where there is a Lease for life in being Deans Prebendaries Heads of Colledges Masters of Hospitals and other Ecclesiastical Persons mentioned in the Stat. of 13. Leases by Deans Prebends Colledges c. Eliz. cap. 10. may make Leases for 21 Years or any lesser number of Years or for one two or three Lives in possession according to the qualifications above-mentioned and they may make concurrent Leases as Bishops may with confirmations 18 Eliz. c. â—â— but they must be within three Years of the determination of the former term by expiration surrender or otherwise so that in this point the Bishop has the advantage And though the enabling Stat. of 32 H. 8. gives power to make Leases to hold from the making or day of the making yet the Restrictive Stat. of 13 El. makes them void 13 El. c. 10. if they be not made to hold from the making and not from the day of the making quod nota But the Leases of Bishops and Arch-Bishops are not within that Act but the Act of primo of the Queens which is that all Leases should be void other than for 21 Years or three Lives from the time of the commencement Concurrent Leases and who is to confirm Lases Rolls 1.481 p. q. r. Dyer 221 p. 18.357 p 42. Plow 528. Dyer 61. p. 30. Co. 5 81. a. Note the different pennings And for as much as all concurrent Leases of any Bishop Dean Prebend and Arch-Deacon are to be confirmed it is convenient to let the Reader know who is to confirm the same therefore for the Reader 's satisfaction he is to know that the Leases of Bishops and Arch-Bishops are to be confirmed by the Dean and Chapter or Deans and Chapters if there be several Chapters Grants made by a Prebend are to be confirmed by the Bishop Dean and Chapter the Grants made by Deans are to be confirmed by the Bishop and Chapter the Grants made by the Arch-Deacon by the Bishop Dean and Chapter the Grants of Parsons and Vicars with their Patrons and Ordinaries and Grants by the Incumbent of a Donative by the Patron alone But if a Parson make a Lease which is confirmed by the Bishop only who is Patron without the Dean and Chapter which ought to have joyned it shall bind the Successor during the Lives of the Bishop and Incumbent although the Bishop be translated But Grants by Parsons Vicars Prebends c. before induction or installation c. although confirmed are not binding to the Successor But if the King be Patron of a Prebend then the King and Dean and Chapter and not the Bishop ought to confirm the Grant A Lease made by a Prebendary Parson Vicar c. may be confirmed for part of the term Co. 5.81 ◠⸫ Dyer 52 a.b. Cto El. 472. if it be for Years that is confirm the Land to the Leasee for so many Years of the Term but if the Term be confirmed for part of the Term it were absurd and repugnant and should be good for the whole term as such Lease may be confirmed for part of the term so it may be for part of the Land If a Parson c. make a Grant Rolls 1. 476. f. 1.2 which is confirmed by the Patron and Ordinary and after be deprived yet the Grant is good Rolls 1.479 n. 1. A Husband seized in the right of his Wife of an Advowson the Parson makes a Lease warranted by the Statutes before mentioned and the Bishop and Husband confirm it this shall not bind the right of the Wife but during the Husband's life but that the Successor after his death will avoid it that comes in by the presentation of the Wife Rolls 1.480 n. 2. So if Tenant in tail being Patron confirm the Grant of the Parson with the Bishop this shall not bind the Incumbent of the issue in tail Rolls 1.480 n. 4. If a Usurper present and confirm the Lease of his Incumbent with the Bishop after is removed by quare Impedit this shall not bind the Clerk of the true Patron If the true Patron grant the next avoidance Cro. Car. 582. and then confirm the grant of the Parson who after dies the Incumbent presented by him that had the next avoidance shal avoid the Lease Rolls 1.480 n. 5. Cro. El. 430⸪ his very entry upon the Leasee avoids the Lease for ever If the Parson make a Lease to the Patron which is confirmed by the Bishop this is not good but if the Patron grants it over Co. 5.15 a⸪ it amounts to a confirmation If a Prebend Parson or Vicar make a Lease Rolls 1.481 p. 1. and the Bishop being Patron confirms it without the Dean and Chapter yet this shall bind the Bishop and all the Prebends Parsons c. which he shall Collate If a Parson had made a Lease for above 21 Years before the Statutes of 13. Cro. El. 18. and 14 Eliz. which had been confirmed after this had been good and not within the
during the first seven years yet by a reasonable intendment 2 Inst 656⸪ Dyer 170. b⸪ P. 5. Plow 204. a. 396. b. the same shall be discharged from the payment of Corn and Hay for the first seven years after the Improvement and that is proved by the subsequent Clause whereby it is provided That if any such barren waste or heath ground hath before this time been charged with the payment of any Tithes and that the same be hereafter improved and converted into arable or Meadow that then the owner or owners thereof shall during the seven years next following from and after the same Improvement pay such kind of Tithe as was paid for the same before the said Improvement any thing in this Act c. So that it appears plainly by this Proviso that it was the intent of the makers of this Law only to free these improved Lands from the payment of such Tithes as were produced by the improvement which must be Hay or Corn and no other Next suppose a Man have barren Lands within this Law which are free from the payment of Tithes by prescription real composition c. It should seem by the penning of the aforesaid Proviso that he should pay Tithes for the same after the seven years this Proviso only providing for such Lands as are freed by Act of Parliament But that doubt seems cleared by the next precedent Proviso in this very Act whereby it is provided That no Person shall be sued or otherwise compelled to yield give or pay any manner of Tithes for any Mannors Lands Tenements or Hereditaments which by the Laws and Statutes of this Realm or by any Priviledg or Prescription are not chargeable with the payment of any such Tithes or that be discharged by any composition real So that this Proviso preserves all former legal discharges But the great question upon this Law is what shall be said to be barren Heath or wast Ground within this Law And Sir Edward Coke defines barren Land in these words Terra sterilis est terra infoecunda nullum ferens fructum 2 Inst 655⸪ But that definition will not hold in this Case for it does appear by the second Proviso that such barren Lands are intended that are barren quoad Agriculturam that is Dyer 170. p. 5. Co. Ent. 462.463 such barren Heath or wast Ground that of its own nature without improvement by Lime Marle Manure c. will not bring forth Corn or Hay 6 E. 6. per Bendloes 2 Inst 656⸫ Hill 9. Jac. C. B. ex motione Houghton But if Ground be not fit for Tillage yet if it be not suapte natura barren it is not within this Law As if a Wood be stubbed and grub'd up and made fit for the Plow and reduced to Tillage it shall pay Tithes presently for Wood Ground is Terra fertilis Faecunda So if Marish 2 Inst 656⸫ More 969. Meadow or other Land by neglecting to scowr the Trenches or Sewers or by sudden inundation be drowned or if by ill husbandry or negligence fertile Land be over-run with goss whynns broom fern bushes briars c. yet they shall not have the benefit of this Proviso because of their own natures they are fertile and apt for Tillage and the Parson Vicar c. shall not lose his Tithe by the ill husbandry of the Parishioner If Lands were barren Heath or wast Ground at the time of the making of this and were improved and had or might have had the benefit of this Law and after return to their barrenness Co. 10.86 b⸪ Co. 6.18 a⸪ the Owner of such Lands shall not have the benefit of this Law a second time upon a second improvement but I take the Law to be otherwise if the Lands had been improved before the time of the making of this Law and were then become barren again for there I take it upon a new improvement the Owner of such Land shall have the benefit of this Law Marsh Lands new gained from the Seas More 430. Bulft 165. 2 Inst 656⸫ and fenn Lands gained from the fresh waters by draining banking c. are not within the meaning of this Law to be freed from the payment of Tithes during the first seven years after the gaining But the Determination of this point which is or which is not barren Land within this Statute commonly falls out to be determined by common Jurors which notwithstanding the Direction of the Judge are seldom so favourable to the Church as they ought This Proviso only charges the payment of Corn and Hay after the seven years and the second Proviso provides only for the payment of such like Tithes as were formerly paid before the improvement for the first seven years after the improvement 27 H. 8. c. 20. 32 H. 8. c. 7. confirmed by the St. of 2 E. 6. Canons provincial cap. Quia quid maledictionis cap. Erroris damnabilis cap. Quoniam propter cap. Quoniam ut audivimus c. and makes no provision for the payment of other Tithes save Corn and Hay after the seven years So that it may seem to imply a discharge of all Tithes but Corn and Hay after the seven years but to this I answer that there being several Laws both Statute and Canon made formerly for the due payment of Tithes and no negative words in this act it shall not abrogate those Laws to the prejudice of the Church by implication CHAP. XX. The Twentieth Chapter shews what a real Composition is and in what Cases Lands shall be freed of the payment of Tithes by such Composition real THat which we call a real Composition is Where Tithes shall be discharged by a real Composition and what it is where the present Incumbent of any Church together with his Patron and Ordinary do agree by Deed under their hands and seals or by fine in the Kings Court that such Lands shall be freed and discharged of the payment of all manner of Tithes for ever paying some annual payment or doing some other thing to the ease profit or advantage of the Parson or Vicar c. to whom the Tithes did belong Co. 4.44 a⸪ 2 Inst 655⸪ Doct. Stud. l. 2. cap. 55. f. ult And these real Compositions have ever been held and allowed here in England to be a good Discharge of the payment of Tithes And from these real Compositions it is intended all Prescriptions de modo decimandi first took their rise and beginning though I doubt most at this day have grown up from the negligence and carelesness of the Clergy themselves And such Compositions may be made by the Parishioner alone without the Patron and Ordinary Vide Lindw cap. Quoniam propter verbo Redemptionem Upon this matter but it then binds only for the Life of the Incumbent and will be avoided by his Resignation Deprivation or being absent eighty days in a year from his Cure if he have Cure of Souls
could make no Lease to bind the Successor without the confirmation of the Bishop and Patron till the Stat. of 13. Eliz. which we shall speak of hereafter And note that it hath been held Co. 8 70. b. Lease for years determinable upon Lives that a Lease for ninety nine years if one two or three Lives so long live hath been held good within this Statute But this Act as appears by what hath been said conferred a new power upon single Corporations but did not in any thing restrain their antient power in making long Leases and Alienations of their very Scites Demesns c. with confirmations as aforesaid which was a great prejudice to the Church in general a means of Dilapidations and a great hindrance of hospitality and therefore In the first Year of Queen Eliz. 1 Eliz. c 19. More 107. Bishops restraned it was enacted that all Gifts Grants Feoffments Fines and other Conveyances and Estates from the first day of that present Parliament to be had made done or suffered by any Arch-Bishop or Bishop of any Honors Castles Mannors Lands Tenements or other Hereditaments being part of the possessions of his Arch-Bishoprick or Bishoprick or united appertaining or belonging to any the same Arch-Bishopricks or Bishopricks to any Person or Persons bodies politick or incorporate other than the Queens Majesty her Heirs and Successors whereby any Estate or Estates should or might pass from the said Arch-Bishops or Bishops or any of them other than for the term of twenty one years or three Lives from any such time as any such Lease Grant or assurance shall begin and whereupon the old accustomed yearly Rent or more shall be reserved and payable yearly during the said term of twenty one years or three Lives shall be utterly void and of no effect to all intents constructions and purposes any Law eustom or usage to the contrary thereof in any wise notwithstanding Note the exception 1 Jacobi c. 3. which gives or rather reserves the power to grant c. to the Queen c. was made void by a Statute made 1 Jac. And note also Leases in other Forms not void but voidable Small wood Sale vers le Evesq Lich. alios P◠31. El. ro 21 65. Co. 3.59 that though this Statute enacts that all Leases made in any other form shall be void and of none effect to all intents and purposes yet it has been adjudged that is only to be intended as against the Successors and that Leases made in other forms shall be good notwithstanding against the party himself that makes them Cro. Jac. 95. and may be affirmed by the Successor by the receipt of the Rent reserved thereupon And note 1 Eliz. A private Act. Co. 4.76 Co. 5.2 b⸫ Cro. El. 874. this is a private Act of Parliament that must in all cases be pleaded and cannot be given in evidence And note also that though this Statute do not restrain demising of any Lands not formerly demised yet it does it by implication for the accustomable Rent must be reserved and unless accustomable let there cannot be an accustomable Rent and Leases within this Statute must have all the restrictions in that of 32. H. 8. before-mentioned And it must be of things manurable Of what things such Leases may be made Co 5.3 a. as hath been said out of which a Rent may be reserved but some are of opinion that Tithes or things not manurable may be demised for twenty one years because an Action of debt will lye upon the Contract More 778. Sir Timothy Tourneur Serjeant le Roy. and so it was adjudged as a learned Serjeant at Law inform'd me in the case of the Precentor of Paul's about 17. Jacobi and that the Successor shall have an Action of debt upon this Contract by the Stat. of 21 H. 8. cap. 28. Upon this Statute and the former it hath been held 1 Inst 45. a⸫ Concurrent Leases that Arch-Bishops and Bishops may with confirmation of the Dean and Chapter make concurrent Leases that is notwithstanding there be a Lease in being for twenty one years they may make a new Lease of the same Lands to another for twenty one years from the making thereof and this being confirmed as aforesaid shall bind the Successor the other things being observed in it And Sir Edward Cook is of opinion 1 Inst 45. a⸫ that like concurrent Leases may be made by Deans Prebends c. with confirmation but some learned men are not satisfied herein because by these concurrent Leases the Successor loses his remedy for his Rent by distress during the former term and the Tenant may be insolvent as to an Action of debt The next restrictive Law is that of 13. 13 El. cap. 10. The Restrictive Law against Leases of Deans Prebends c. Eliz. whereby it is enacted That from thenceforth all Leases Gifts Grants Feoffments Conveyances or Estates to be made had done or suffered by the Masters and Fellows of any Colledge Dean and Chapter of any Cathedral or Collegiate Church Master or Guardian of any Hospital Parson Vicar or any other having a Spiritual or Ecclesiastical Living or any Houses Lands Tithes Tenements or other Hereditaments being any part of the possessions of any such Colledge c. or any wise appertaining or belonging to the same or any of them to any Person or Persons Bodies c. other than for the term of twenty one Years or three Lives from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable during the said term shall be utterly void c. The penning of this Act Co. 5.14 b⸫ and that of 1 Eliz. beforementioned being in effect the same in substance the construction is the same in effect but in this Act there was no saving of Grants to the King and therefore this Act being for the publick good had restrained other Grants to him not warranted by this Stat. though 1 Jac. cap. 3. had never been made And here note Parsons and Vicars restrained by this Law that as the Parsons and Vicars had not their power any wise inlarged by the Stat. of 32 H. 8. So they had no restriction upon them till this act but from henceforth they are restrained from making any Lease or Grants other then for twenty one years or three Lives with the qualifications above mentioned in the Statutes and such Leases must be confirmed by the Patron and Ordinary because excepted in the inabling Statute of 32 H. 8. before And whereas after the making of this Statute Heads of Colledges Deans Prebends c. might have made concurrent Leases as well as Bishops might there is a Proviso in the Statute of 18 Eliz. 18 Eliz. c. 11. No concurrent Lease but within three years before the former ends That all Leases then after to be made by any the aforesaid Ecclesiastical Spiritual or
Collegiate Persons or others of any of their Ecclesiastical c. Lands c. whereof any former Lease for years is in being and not expired surrendred or ended within three years next after the making of any such new Lease should be utterly void frustrate and of none effect any Law c. By this Proviso it should seem the Parliament was of opinion that concurrent Leases might be made but has by this Proviso so restrained them that they cannot be made but within three years before the Determination of the former But Bishops are conceived not to be comprehended within this Proviso Bishops not in this Act. for though the words are general enough yet the particulars mentioned before the general words being of an inferiour rank the general words cannot draw in the more worthy And there is a Provision in this Act of 18 Eliz. Which Bonds and Covenants shall be void That all Bonds and Covenants then after made for the making or renewing of any Lease contrary to the intent of that Statute or of the Statute of 13 Eliz cap. 10. should be utterly void By a Statute made in the 13th 13 Eliz. c. 20 Leases of Parsons to be void by non-Residence Year of Queen Elizabeth there is an Act of Parliament made whereby it is enacted That no Lease made after the 15th day of May following of any Benefice or Ecclesiastical Promotion with Cure or any part thereof and not being impropriated should endure any longer than while the Leasor should be ordinarily resident and serving the Cure of such Benefice without absence above fourscore days in any one year These wordt within the are repealed by 14 El. c. 11. but that every such Lease so soon as it or any part thereof should come to any possession above forbidden or immediately upon such absence shall cease and be void and the Incumbent so offending shall c. lose one years profit of his said Benefice to be distributed by the Ordinary to the poor of the Parish And by the same Statute Charging Parsonages void it is further enacted That all charging of such Benefices with Cure then after with any pension or with any profit out of the same to be yielded or taken other than Rents reserved upon Leases should be void But where any Person should be qualified to have two Livings Where a Parson may devise and be non-resident he may devise the one of them where he is not ordinarily resident to his Curate only that shall there serve the Cure And such Lease shall endure no longer than during such Curate's residence without absence above fourty days in any one year And by the 14. 14 El. cap. 11. Leases Bonds and Covenants to be void of Eliz. it is enacted That all Leases Bonds Promises and Covenants of and concerning Benefices and Ecclesiastical Livings with Cure to be made by any Curate shall be of no other or better force validity or continuance than if the same had been made by the beneficed person himself that shall demise the same to such Curate And by the same Statute it is enacted Houses Incorporations c. how to he leased That the restrictive Statute of 13 Eliz. cap. 10. before shall not extend to any Grant Assurance or Lease of any houses belonging to any the persons c. in the said Stat. of 13. nor to any grounds to any such houses appertaining c. in any City Burrough Town Corporate or Market Town or the Suburbs of any of them but that all such houses and grounds may be granted demised and assured as they might have been before the making of the said Act so always as such house being not the Capital or dwelling house used for the Habitation of the Parsons c. nor have above ten Acres to the same Provided Not to lease in reversion That no Lease be made by vertue of this Act in reversion nor without reserving the accustomed yearly Rent at least nor for a longer term than for fourty years at most charging the Leasee with repairs and no alienation in Fee unless lands of as good yearly value be settled c. in lieu thereof There is likewise another Proviso in this act that all Bonds Conrracts Bonds Contracts Covenants Promises where to be void Promises and Covenants to be made for the suffering or permitting any person to enjoy any Benefice or Ecclesiastical Promotion with Cure or to take the profits or fruits thereof other than such Bonds and Covenants as shall he made for assurance of any Lease heretofore made shall be of no other force than Leases made by the same person And by another Statute made in the 18th year of the same Queen Eliz. 18 Eliz. c. 11. It is enacted That after complaint made to the Ordinary and Sentence given upon any offence committed by the Incumbent against the Statute of 13 Eliz. cap. 20. whereby he shall or ought to lose a years profit of his Benefice c. That then the Ordinary within two months after such Sentence and request made by the Churchwardens of the Parish where c. or one of them shall grant the Sequestration of such profits to such Inhabitant or Inhabitants within the same Parish c. as to him shall seem meet c. And that upon default of the Ordinary it shall be lawful for every Parishioner Every Parishioner may take advantage c. to retain c. his Tithes and for the Church-wardens to enter upon the Glebe-land Rents and Duties of every such Benenefice to be imployed to the use of the poor c. until such time as Sequestration shall be committed by the Ordinary and then the Church-wardens and Parishioners to accompt to such to whom the Sequestration shall be committed who is to imploy the whole profits according to the act upon pain to forfeit the double value of the profits with-holden to be recovered in the Ecclesiastical Court by the poor of the Parish Having thus briefly for the Readers satisfaction given him a brief Abstract of all the Statutes concerning the Leases of Ecclesiasticks of all kinds I shall briefly sum them all up and proceed to take a view of such other Statutes as the Parsons Vicars c. are in any manner in danger of Upon the whole matter it appears What Leases may be made by Bishops and Arch-bishops that Arch-bishops and Bishops may make Leases for twenty one years or for one two or three Lives with the qualifications before mentioned without any Confirmations at all and they may make concurrent Leases for twnety one years upon Leases for tweny one years from the making with confirmation of the Dean and Chapter with such qualifications as is aforesaid though there be above three years in being of the old Lease at the time of the making the new and where the Bishop has two Chapters there the concurrent Lease must be confirmed by both Chapters unless it be as it