payment of the same All Collectors of Tenths under any Archbishop or Bishop having Letters Patents or other writings of their Office of Collectorship are to be bound by their sufficient writing Obligatory or Recognizance in the Court where the King's revenues of the Tenths shall be answerable in such sum or sums of money as shall be due within their Collection or Office to save and keep the said Archbishop or Bishops harmless and without damage against the King for the same and all such Grants Patents or Writings to such Collectors shall continue no longer in force then during such time as such Archbishop or Bishop who granted the same shall remain Archbishop or Bishop of the same See or Bishoprick whereof he was possessed when he granted the same 7 E. 6 cap. 4. and by the 14 Eliz. cap. 7. the Lands and Tenements Goods and Chattels of such under Collectors of Tenths are made liable to answer the Queen her Heirs and Successors for such sums as they shall gather yearly within their Collection and every Archbishop Bishop and Dean and Chapter sede vacante to whom the Collection of such Tenths shall appertain shall be discharged of so much as shall be satisfied of or by the Lands Tenements Hereditaments Goods oâ— Chattels of such under Collector or his Heirs without any other Warrant whatsoever in that behalf to be obtained 14 Eliz. cap. 7. 13 Eliz. cap. 4. First Fruits in what time to be paid Vicarages not exceeding ten pounds and Parsonages not exceeding ten marks in the King's Books are not to pay any first Fruits as is shewed before and every Incumbent liable to pay first Fruits that lives one half Year after the last avoidance so as he hath or might have received the Rents and Profits of that half Year and before the end of the next half Year he happen to dye or be Lawfully evicted removed or put from the same Promotion Spiritual by Judgment in an action at Common Law without Fraud or Covin then he is to pay but a fourth part of the first Fruits and if he Live one Year and dye or be evicted c. before the next half Year then he is to pay one half of his first Fruits and if he Live one Year and an half and dye or be evicted c. before the end of six Months then next following then he is to pay three parts of his first Fruits and if he Live two Years then he must pay his whole first Fruits for such Promotion Spiritual 1 Eliz. cap. 4. By the 1 Eliz. all Grants Immunities and Liberties given to either of Colleges c. discharged of first Fruits c. the Universities of this Kingdom or to any College or Hall in either of them and to the Colleges of Eaton and Winchester by any of the Kings of England or by Act of Parliament touching the release or discharge of first Fruits and Tenths are to be and remain in full force and strength and that all such conveyances and assurances in Law as were then had or made to either of the Universities or to any College or Hall within either of them or of any of the Parsonages or Benefices Impropriate or of any Patronage for the maintenance of students or learning are good and effectual notwithstanding the same Act of Parliament and all the Possessions of the free Chapel Deanry and Canons of Windsor are discharged of Tenths and first Fruits but all the Rectories and Spiritual Promotions belonging to the Archdeaconry oâ— Wells are made chargeable to the payment thereof and all the Rectories Parsonages and Benefices Impropriate Glebe Lands Tythe Oblations Obventions Pensions Portions and other Profits and Emolluments Ecclesiastical and Spiritual as were in the Survey Rule and Order of the Court of the Dutchy of Lancaster were to continue so And lastly by the same Act it is provided that no Hospital founded and used and the Possessions thereof imployed to and for the use and relief of Poor People or any School or Schools or the possessions or revenues of them shall be charged with the payment of any Tenths or first Fruits 1 Eliz. cap. 4. A demand of Tenths how and where to be made Note that the demand of the Tenths ought to be express and not a summons to pay them at another place as appears by the Case following An Apparator came to the Church to the Parson and said to him that he must pay his Tenths to such an one and at such a place being four miles distant from the Church and the Parson not paying the Bishop certifies according to the Statute that he refused to pay his Tenths and whether this were a good demand or no was the Question and all the Justices agreed that it was not for they said a summons to pay was not sufficient but it ought to be an express demand and by one who hath Authority to receive it M. 39 40 Eliz. C. B. Reyner and Parker's Case M. Rep. f. 541. pl. 714. Bishop's Certificate of what force The Bishop of York certified in the late Court of first Fruits and Tenths Anno 5 6 E. 6. in these words adhibuimus omnimodam diligent per Subcollectores nostros per totam diocesim Eborum Et comperimus I. C. Vicarium de Gargrave Recusantem solvere subsidia Vicariae suae qui nullo modo metu paenarum huiusmodi produci potuisset ad solutionem subsidii praedict sed perseverans in obstinatiori sua malitia and this is left as a quaere in Dyer whether by this Certificate the Vicarage were void or no Dyer f. 116. a. pl. 69. but in Crook's reports it is said there that the Justices held such a Certificate not to be Peremptory but that it may be Traversed for the Bishop doth it only as an Officer and not as a Judge as in Case of Bastardy and here is to be a default in the Parson viz. not payment which is tryable per pais for otherwise all the Parsons in England may be put out of their Parsonages by such nude surmise and bare Certificate without any answer and the Law never intended to make the Certificate so Peremptory as the Book saith and it is there said also that the Officer of the Bishop which is to demand the Tenths ought also to be Authorized to receive them for he cannot appoint them to be paid at another place or to another Person for the Parson is to pay them at his own House and to the Person that demands them in the Name of the Bishop M. 29 30 Eliz. in Scaccario the Queen and Blancher's Case Cro. Eliz. f. 80. pl. 44. Dilapidations cause of deprivation Now we come to Dilapidations which every Clergy Man ought to take care to prevent for there can be nothing worse becoming the Dignity of a Clergy-man than Dilapidations and non residence and as the Canon Law made Provision against it so also hath the Common Law of this Kingdom as appears
after the deaths of such Lessors or their Heirs shall and may have such like Remedy and Advantage to all Intents and Purposes against the Lessees thereof their Executors and Assigns as the same Lessors should or might have had against the same Lessees c. 32 H. 8. cap. 28. Parsons and Vicars excepted out of the Act. And it is also further provided that this Act shall not extend to give any Liberty or Power to any Parson or Vicar of any Church or Vicarage for to make any Lease or Grant of any of their Messuages Lands Tenements Tithes Profits or Hereditaments belonging to their Churches or Vicarages otherwise or in any manner than they should or might have done before the making of the same Act any thing therein contained to the contrary thereof Notwithstanding 32 H. 8. cap. 28. By the 1 Eliz. All Gifts Grants Leases by Bishâ—ps c. to be made for 21 years or 3 Lives Feoffments Fines and other Conveyances or Estates from the first day of the said Parliament to be made done or suffered by any Arch-bishop or Bishop of any Honors Castles Mannors Lands Tenements or other Hereditaments being parcel of the Possessions of his Arch-bishoprick or Bishoprick or united appertaining or belonging to any of the same to any Person other than to the Queen Heâ— Heirs or Successors whereby any Estate should or might pass from the Arch-bishop or Bishop other than for the Term of One and twenty years or Three Lives from such time as any Lease Grant or Assurance shall begin or whereupon the old accustomed Renâ— or more shall be reserved payable yearly during the said Term of Onâ— and twenty years or Three Lives shalâ— be utterly void 1 Eliz. cap. 19. Bâ— by the 1 Jac. All Arch-bishops anâ— Bishops are disabled in Law to make doe levy or suffer any Act or Acts thinâ— or things whereby or by means where of any of the said Honors Castles Mannors Lands c. shall or may bâ— Aliened Granted c. to the King His Heirs or Successors but that all such Grants shall be void 1 Jac. cap. 3. Co. Rep. 10. Lib. f. 62. a. 11. Lib. f. 71. b. 72. a. Leases made by Spiritual Persons c. for what Term to continue And by the 13 Eliz. it is enacted that all Leases Gifts Grants c. to be made had done or suffered by any Master and Fellows of any College Dean and Chapter of any Cathedral or Collegiate Church Master or Guardian of any Hospital Parson or Vicar or any other having any Spiritual or Ecclesiastical Living or any Houses Land Tythes Tenements or other Hereditaments being any parcel of the possessions of any such College Cathedral Church Chapel Hospital Parsonage Vicarage or other Spiritual Promotion or any waies appertaining or belonging to the same or any of them to any Person or Persons Bodies Politick or Corporate other then for the Term of 21 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 yearly during the said Term shall be utterly void and of none effect to all intents constructions and purposes but it is provided that nothing in this Act shall be taken or construed to make good any Lease or other Grant to be made by such College or Collegiate Church within either of both the Universities of Oxford and Cambridge or else where within the Realm of England for more Years then are limited by their private Statutes 13 Eliz. cap. 10. vide 14 Eliz. cap. 11. Leases by â— Parsons c. to be void upon non residence And further it is enacted that no Lease to be made of any Benefice or Ecclesiastical Promotion with cure or any part thereof and not being impropriated shall endure any longer then while the Lessor shall be Ordinarily Resident and serving the cure of such Benefice without absence of fourscore daies in any one Year but that every such Lease immediately upon such absence shall cease and be void and the Incumbent so offending shall for the same loose one Years profit of his said Benefice to be distributed by the Ordinary among the poor of the Parish And that all chargings of such Benefices with cure other then Rents to be reserved upon Leases shall be utterly void provided that every Person allowed to have two Benefices may demise the one of them upon which he shall not be most Ordinarily Resident to his Curate only that shall there serve the cure for him but such Lease shall endure no longer then during such Curate's Residence without absence above forty daies in any one Year 13 Eliz. cap. 20. 14 Eliz. cap. 11. Bonds c. for enjoying c void Likewise all Bonds Contracts Covenants and Promises made for suffering or permitting any Person to enjoy any Benefice or Ecclesiastical Promotion with cure or to take the profits thereof shall be to all intents and purposes adjudged of such force and validity and not otherwise as Leases by the same Persons made of such Benefices c. with cure and that all such Leases Bonds c. concerning such Benefices and Ecclesiastical Promotions with cure made by any Curate shall be of no other nor better force validity or continuance then if the same had been made by the Beneficed Person himself that demiseth the same to any such Curate But Masters and Fellows of Colleges Deans and Chapters of Cathedral or Collegiate Churches Masters or Guardians of any Hospital or any Parson or Vicar or any other having any Spiritual or Ecclesiastical Living may make a Grant Assurance or Lease of their Houses and Grounds appertaining to the same being situate in any City Borough Town Corporate or Market Town or the Suburbs of any of them after such manner as their several Statutes do permit so that such House be not the Capital or dwelling House used for the habitation of the Persons abovesaid nor have Ground to the same belonging above the quantity of ten Acres 14 Eliz. cap. 11. vide Tr. 14 Jac. C. B. Crane and Taylor 's Case Hob. Rep. f. 269. Leases of Houses in Câ—tâ—â—s c. how long to continue But it is provided by the same Statute that no Lease be made in Reversion nor without reserving the accustomed yearly Rent nor without charging the Lessee with reparations nor for longer Term then forty Years at the most nor are any Houses to be aliened unless that in Recompence thereof there shall afore with or presently after such alienation be good lawfull and sufficient assurance made in Fee simple absolutely to such Colleges Houses Bodies Politick or Corporate and their Successers of Lands of as good value and of as great yearly value at the least as so shall be aliened any Statute to the contrary notwithstanding 14 Eliz. cap. 11. Old Leases to be ended within three Years when a new Lease is made And by
the Holy Communion Excepted prescribed in the said Book in Greek Latin or Hebrew and all Men as well in Churches Chapels Oratories or other places may use openly any Psalms or Prayer taken out of the Bible at any time nor letting or omitting thereby the service or any part thereof mentioned in the Book of Common-Prayer 2. 3 Eliz. 6. cap. 1. If any Person or Persons who do not Conform and are disabled to Preach The Penalty against such persons who Preach and are disabled by 14. Car. 2. by the statute of the 14 Car. 2. shall during such time as they continue so disabled Preach any Sermon or Lecture that then for every such Offence the Person and Persons so offending are to suffer three Months Imprisonment in the common Goal without Bail and any two Justices of the Peace of the County and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place to him or them of the Offence committed may commit the Person or Persons to the Goal of the County City or Town Corporate accordingly 14 Car. 2. cap. 4. The Penalty for refusing to hear Common Prayer and being present and joyning with other Religious Assemblies If any Person or Persons above the age of sixteen Years shall obstinately refuse to repair to some Church Chapel or usual place of Common-Prayer and shall forbear by the space of a Month to hear Divine Service and shall either of him or themselves or by the perswasion of any others willingly joyn in or be present at any Assemblies Conventicles or Meetings under colour or pretence of the exercise of Religion contrary to the Laws and Statutes of this Realm every Person so offending and being Lawfully Convicted are to be committed to Prison there to remain without Bail till they Conform and yield to come to some Church Chapel or usual place of Common-Prayer and hear Divine Service established according to Law and make such open Submission and Declaration of their said Conformity as hereafter follows and if the Person offending shall not within three Months after Conviction Conform and make Submission being required thereunto by the Bishop of the Diocess or any Justice of the Peace of the County where the party is or by the Minister or Curate of the Parish then such Offender shall abjure the Realm and refusing to abjure or returning again after abjuration without the King's Licence shall be adjudged a Felon and suffer as a Felon But if such party before he be warned to make abjuration do repair to some Parish Church on some Sunday or Feastival day and hear Divine Service and before Sermon time or reading of the Gospel and make open Submission then the Offender is to be clearly discharged from all the Penalties and Punishments aforesaid 35 Eliz. cap. 1. 16 Car. 2. cap. 4. Popish Reâ—usant and Feme Covert not to abjure No Popish Recusant or Feme Covert shall be compelled to abjure by virtue of the said Act 35 Eliz. and every Person that shall abjure by virtue thereof or refuse to abjure shall forfeit to the King's Majesty all his Goods and Chattels for ever and loose all his Lands and Tenements during his Life but the Wife not to loose her Dower nor any Corruption of Blood to be for any of the said Offences and the Heir to enjoy the Lands and Tenements after the Offender's Death 35 Eliz. cap. 1. The Form of Submission The Form of the Submission aforementioned is to be in these words viz. I. A. B. do humbly confess and acknowledge that I have grievously offended God in contemning his Majestie 's Godly and Lawfull Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting disordered unlawfull Conventicles and Assemblies under pretence and Colour of Exercise of Religion And I am heartily sorry for the same and do acknowledge and testify in my Conscience that no other Person hath or ought to have any Power or Authority over his Majesty And I do promise and protest without any dissimulation or any colour or means of any dispensation that from henceforth I will from time to time obey and perform his Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and to my uttermost endeavour to maintain and defend the same 35 Eliz. cap. 1. The Penalty of Relapsing after Submission Note That if after such Submission the Offender Relaps then he looseth all advantage got by his Submission and shall be in the same condition as if such Submission had never been made And every Minister or Curate of every Parish where such Submission is made is to enter the same into a Book to be kept for that purpose and within ten days then next following to Certifie the same in writing to the Bishop of the same Diocess 35 Eliz. cap. 1. this stat is declared to be still in force by the 16 Car. 2. cap. 4. Observe That the Governour or Masters of Collâ—ges c. to Subscribe to the Articles of Religion and Book of Common-Prayer c. Head of every College and Hall in either of the Universities and the Colleges of Westminster Winchester and Eaton within one Month after his Election or Collation and Admission into the said Government or Headship must openly and publickly in the Church Chapel or other publick place of the same College or Hall and in the presence of the Fellows and Schollars of the same or the greater part of them then Resident Subscribe unto the Book of Articles of Religion and declare his unfeigned assent and consent unto and approbation of the same and to the use of all the Prayers Rites and Ceremonies Forms and Orders in the Book of Common-Prayer And they must also once every quarter of a Year at least not having a Lawfull Impediment openly and publickly read the Morning Prayer and Service in and by the said Book appointed to be read in the Church Chapel or other publick place of the same College or Hall upon pein to loose and be suspended of and from all the benefits and profits belonging to the same Government and Headship by the space of six Months by the visitor or visitors of the same College or Hall and being suspended for the causes aforesaid if they do not at or before the end of six Months after such suspension Subscribe unto the said Articles and Book and declare their consent thereunto as aforesaid or read the Morning Prayer and Service as aforesaid then such Government or Headship shall be ipso facto void 14 Car. 2. cap. 4. If any Person Ecclesiastical or having Ecclesiastical Living shall advisedly The punishment for affirming any Doctrine contrary to the 39 Articles of Religion or any of them maintain or affirm any Doctrine directly contrary or repugnant to any of the nine and thirty Articles
Clocam cum Capella 3. Vnum Ciphum cum coopertorio 4. Vnum Pelvem cum Lavatorio sive Aquar ' 5. Vnum Anulum Aureum 6. Necnon Mutum Canum quae ad Dominum Regem ratione Prerogativae suae spectant pertinent inter Communia H. 2. E. 2. in Scaccar post mortem Episc Bath Well Tr. 36. E. 3. Ibidem post mortem Episc Cirences H. 5. E. 4. Ibidem Rot. 47. post mortem Archiep. Ebor. Co. Inst 2. part f. 491. For this duty there is a special Writ A Writ lyes for these things after every Bishops death see the form thereof Co. Inst 4. part f. 338. that issueth out of the Exchequer after the Decease of the Bishop for answering of the same and in the Records this is called Multa Episcopi or Multura Episcopi derived à Mulcta for that it was a Fine or Final satisfaction given to the King that they might have power to make their Last Wills and Testaments and to have the probate of other Mens Testaments and granting Administrations for it is true where it is said Nullam habebant Episcopi Authoritatem praeter eam à Rege acceptam referebant Jus Testamenta probandi non habebant Administrationis potestatem cuiquam delegare non poterant nec ipsi quidem Testamenta facere de Jure Communi dum id illis regnante Henrico Tertio Concessum erat Confirmatum vivente Edw. 1. Rot. Claus 7 H. 3. M. 16. Rot. Parl. 36. H. 3. M. 1. And Linwood saith Beneficiatus non potest testari de communi Jure sed de Consuetudine Angliae And he saith also that Probate of Testaments de Consuetudine Angliae non de Jure Communi belong to Court Christian Lin. cap. de Foro compet f. 7. Lib. 7. f. 44. vide Britton f. 11. b. Bract. Lib. 5. f. 403. c. Fleta Lib. 2. cap. 53. Lib. 6. cap. 36. Co. Inst 2. part f. 488. 491. but this seems to be a Digression from our intended purpose but I hope the Reverend Clergy-man will Pardon it vide Co. Inst 4. part f. 338. Prohibition where a Mortuary is demanded when grantable The Bishop of Chester in the Consistory Court of Chester before the Commissary there Sued for a Mortuary after the Death of William Hinde a Priest of the said Diocess Surmising that by Custom there he ought to have for a Mortuary after the Death of every Priest dying within the said Arch-deaconry of Chester the best Horse or Mare his Saddle Bridle and Spurs his best Gown or Cloak his best Hat his best upper Garment under his Gown his Tippet his best Signet or Ring as to the Bishop de debit ' consuetud fore supponitur c. upon this the Defendant obtained a Prohibition averring that there is no such Custom and that she had paid a Mortuary to the Parson of Bumberry and in this Case it was moved for a Consultation and the Suit being for a Mortuary the Court was divided in opinion but it appearing that the Bishop had Sued after the Prohibition which was a Contempt and ought to be answered it was thereupon appointed that he should Plead or Demur And then the Court would give Judgment upon the Record before them M. 7. Car. 1. B. R. Margaret Hinds Case and the Bishop of Chester Cro. Car. f. 237. CHAP. IX What Qualifications are required in Leases made by Ecclesiastical Persons FOrmerly by the Common Law Bishops What Estates Biâ—hops c. might have made by the CommonLaw with the Confirmation of the Dean and Chapter Master and Fellows of any Colleges Deans and Chapters Masters or Guardians of Hospitals and their Brethren Parsons and Vicars with Consent of the Patron and Ordinary Arch-deacon Prebend or any other Body Politick Spiritual and Ecclesiastical Concurrentibus his quae in Jure requiruntur might have made Leases for Lives or Years without Limitation or Stint And so might they have made Gifts in Tail or Estates in Fee at their own Will and Pleasure whereupon not only great decay of Divine Service but Dilapidations and other Inconveniences ensued but now the Law is altered in these Cases by the Statutes of the 32 H. 8. 1 Eliz. 18. Eliz. 13. Eliz. 1. Jac. of which Statutes one is enabling and the rest disabling Co. Lit. f. 44. a. I shall first begin with a Recital of Leases in Writing by certain Persons of what force c. the Statutes then give you the Book Cases thereupon By the Stat. 32. H. 8. All Leases to be made of any Mannors Lands Tenements or Hereditaments by Writing endented under Hand and Seal for Term of years or for Term of Life by any Person or Persons being of full Age of One and twenty years having any Estate of Inheritance either in Fee-Simple or in Fee-Tail in their own Right or in the Right of their Churches or Wives c. shall be good and effectual in the Law against the Lessors their Wives Heirs and Successors and every of them according to such Estate as is Comprised and Specified in every such Indenture of Lease in like manner and form as the same should have been if the Lessors thereof and every of them at the time of making such Leases had been Lawâ—ully seized of the same Lands Tenements and Hereditaments comprised â—n such Indenture of a good perfect â—nd pure Estate in Fee-Simple thereâ—f to their own only uses 32 H. 8. â—â—p 28. Provided that this Act shall not extend to any Leases to be made of any Old Leases to be Surrendred c. Mannors Lands c. being in the hands of any Farmer or Farmers by virtue of an Old Lease unless the same Old Lease be expired surrendered or ended within one year next after the making of the said new Lease nor shall extend to any Grant to be made of any Reversion of any Mannor Lands c. nor to any Lease of any Mannors Lands c. which have not most commonly been letten to Farme or occupied by the Farmers thereof by the space of Twenty years next before such Leases thereof made nor to any Lease to be made without Impeachment of Wast nor to any Lease to be made above the number of One and twenty years or Three Lives â—â— the most from the day of the making thereof And that upon every sucâ— Lease there be reserved yearly duriâ—â— the same Lease due and payable â—â— the Lessors their Heirs and Successoâ— to whom the same Lands should haâ—â— come after the death of the Lessors if no such Lease had been there made and to whom the Reversâ— thereof shall appertain according their Estates and Interests so much yearly Farm or Rent or more as hath been most accustomably yielded and paid for the same within Twenty years next before such Lease thereof made And that every such Person and Persons to whom the Reversion of such Mannors Lands c. so to be letten shall appertain as aforesaid
3 cap. 5. and by the 1 R. 2. if any offend herein and be thereof duly Convict he is to be Imprisoned and Ransomed at the King's Will and must make agreement with the party 1 R. 2 cap. 15. vide Boulstr Rep. 2 part f. 72 and Cro. Jac. f. 321. pl. 4. and Brow Rep. 2 part f. 301. A Clergy-man guilty of Felony not to be burnt the Hand in If a Clerk in Holy Orders be Convicted of any crime for which the benefit of Clergy is allowable upon producing his Orders he shall not be burnt in the Hand and if he have not his Orders the Court ex gratia may give him time to produce them and if afterwards he be Convicted again he shall have his Clergy again and so ad Infinitum and though the party that may have benefit of his Clergy must pray it the Court not being bound to tender it ex Officio yet the 22 E. 3 F. Coronae 254. says that if the Judge know him to be a Clerk they will not give Judgment though he pray not his Clergy vide 4 H. 7 cap. 13. and see Searle and William's Case Hob. Rep. f. 288. and 294. By the Register it appears that Spiritual Ministers to be excused from paying Tell c. and Ecclesiastical Persons are to be quit of and from the payment of Toll in Fairs and Markets for the Goods and Merchandizes which they buy to be spent on their Rectories and Church Livings and for such Goods and Merchandizes as are gotten on their Church Livings and they are also to be quit of Murage Pontage and Pannage and the like and if they be troubled for payment thereof they may have a Writ out of the Chancery commanding the parties to desist and so an Alias Plures and then an Attachment and the Form of the Writ de essendi quietum de Toloneo runs thus Rex c. Ballivis suis de B. salutem cum Personae Ecclesiasticae secundum consuetudinem bactenus in Regno nostro usitatam approbatam ad Toloneum Pannagium Muragium de bonis suis Ecclesiasticis alicubi in eodem Regno prestand nullatenus teneantur vobis praecipimus quod R. B. Personam de L. c. vide Regist f. 260. F. N. B. 227. F. 228. A. Co. 2 part Inst f. 4. Clergy-men are not to be chosen into Temporal petty Offices And if a Clergy-man who holdeth certain Lands and Tenements by reason of his said Lands ought to be chosen Bailiff Beadle or Reeve or in such like Office for his Lands and by reason thereof shall be chosen into such Office he may discharge himself by Writ out of the Chancery as followeth Rex c. Ballivis de L. salutem cum secundum Legem consuetudinem Regni Nostri Angliae clerici infra sacros Ordines constituti ad Officium Ballivi eligi non debent nec bactenus consueverunt ac jam ex parte W. M. c. There is also the Form of a Writ in F. N. B. to free them if they be distrayned by the Sheriffs or Collectors of Tenths or Fifteens in their Spiritual Possessions antiently belonging to their Churches by their Goods there Register f. 187 188. F. N. B. 175 B. 176. A. Co. Inst 2 part f. 3. 628. Ecclesiastical Persons ought not in They are not bound Persâ—nally to serve in War c. Person to serve in War and in an action brought against a Clergy-man wherein a Capias lieth as in Trespass Debt Account c. If the Sheriff return quod clericus est Beneficiatus nullum habens Laicum feodum in which he may be summoned in this Case the Plaintiff cannot have a Capias to the Sheriff to take his Body but he must have a Writ to the Bishop to cause him to come and appear but if the Sheriff return quod Clericus est nullum habens Laicum feodum then a Capias may be granted to the Sheriff because it appears not by the return that he is Beneficiatus so as he may be warned by the Bishop so note the deversity vide 18 E. 3. proc 205. 9 E. 3. 30. 32 E. 3. Process 58. 21 H. 6. 16. 34 E. 3. scire fac 153. Co. Inst 2. part f. A Clergy Man's Body not to be taken upon a Statute acknowledged If any Ecclesiastical Person acknowledge a Statute Merchant or Statute Staple or a Recognizance in the Nature of a Statute Staple his Body shall not be taken by force of any Process thereupon for the Writ runs Si Laicus sit and if he be bound in a Recognizance in the Chancery or any other Court c. and pay not the summ at the day by the Common Law if he had nothing but Ecclesiastical Goods the Recognizee could not have had a Levari facias to the Sheriffs to Levye but the Writ was to be directed to the Bishop of the Diocess to Levye the same upon his Ecclesiastical Goods but now by the Statute of Westminster 2. cap. 18. the Recognizee may sue forth an Elegit directed to the Sheriff to have Execution of the Moiety of his Lands and of all his Goods and Chattels except his Beasts of his Plough Regist f. 300. 16 E. 3. Process 165. F. N. B. 266. A. B. Co. Inst 2 part f. 4. What Remedy Ministers have if the may be stepâ— where they should â—eade their Tythes If any of the Parishioners do disturb their Parson or Vicar to carry his Tythes by the usual ways and passages the Parson may sue in the Spiritual Court for the disturbance and if the other party sue a Prohibition upon the matter sued a Consultation shall be granted F. N. B. 51 A. In the 25 H. 8 There was a Statute made against the excessive number of Ministers may keep what number of sheep they pleâ—se Sheep wherein there is a Proviso that it might be Lawfull to all Spiritual Persons and every of them to keep such and so many Sheep upon their own Lands as they might have done before the making of the said Act 25 H. 8. cap. 13. The Priviledge of the Clergy and their Servants in the Convocation Note that the Clergy of the Kingdom called to the Convocation by the King 's Writ and their Servants and Families shall have such privileges in coming tarrying and going as the great Men and Communality of this Realm called to the King's Parliament do injoy 1 H. 6. cap. 1. Co. Inst 4 part f. 323. The punishment for disturbing Ministers If any Person or Persons of their own Power or Authority do or shall willingly and of purpose by open and overt Word Fact Act or Deed maliciously or contemptuously molest let disturb vex or trouble or by any other unlawfull ways and means disquiet or misuse any Preacher or Preachers Licensed allowed or Authorized to Preach by any Archbishop or Bishop of this Realm or by any other Lawfull Ordinary or by either of
without Fraud or Covin in any of the said Honourable House holds 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 in Chancery and Twelve Advocates of the Arches as be spiritual Men during so long time as they shall continue and 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 dayly appearance and attendance to answer the Law during the time of such Injunction 21 H. 8. cap. 13. There is also another Proviso that it The King may Licence non residence shall be Lawfull for every Spiritual Person or Persons being Chaplains to the King to whom he shall please to give any Benefices or Promotions Spiritual to what number soever it be to accept and take the same without the danger of the said Statute and further that it shall be Lawfull for the King to give Licence to every of his own Chaplains for non residence upon their Benefices notwithstanding the said Act 21 H. 8. cap. 13. Who may be non resident And by the 25 H. 8. it is enacted that every Judge of the Courts of King's Bench and Common Pleas Chancellor and Chief Baron of the Exchequer the King 's General Attorney and Geneneral Solliciter may retain and have singularly to every of them in his House or attending on 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 25 H. 8. cap. 16. And the residence of every Bishop's Suffragan over the Diocess where he shall have Commission shall serve him for his residence as sufficiently as if he were resident upon any other his Benefice 26 H. 8. cap. 14. The Chancellor of the Dutchy of Who may be non resident Lancaster the Chancellor of the Court of Augmentations the Chancellor of the Court of first Fruits and Tenths the Master of the Wards and Liveries and every of the King 's General Surveyors of his Lands the Treasurer of his Chamber the Treasurer of the Court of Augmentations and the Groom of the Stool and every of them may retain in his House or attendant unto his Person one Chaplain having one Benefice with cure of Souls who may be non resident provided that every of the said Chaplains being Beneficed as aforesaid and dwelling with any of the Officers aforenamed do Personally repair two times in every Year at the least to his said Benefice and there tarry and abide by the space of eight days at every such time at the least to visit and instruct his said cure upon pein to forfeit for every time so failing forty shillings one Moiety to the King and the other to such as will sue for the same in any of the King's Courts of Record 33 H. 8. cap. 28. Schollars in the Vniversities when excusable for non residence Note that the clause in the 21 H. 8. cap. 13. which saith that the Penalty for non residence shall not extend to any Schollar or Schollars being Conversant and abideing for study without Fraud or Covin at the Universities is restrained and made more strict by the 28 H. 8. for there it is enacted that all and singular Spiritual Person and Persons which shall be promoted to any Benefice or Benefices as aforesaid being above the Age of forty Years the Chancellor Vice Chancellor Commissary of the said Universities or any of them Wardens Deans Provosts Presidents Rectors Masters Principals and other head Rulers of Colleges Halls and other Houses or Places Corporate within the said Universities or any of them Doctors of the Chair Readers of Divinity in the common Schools of Divinity in any of the said Universities only excepted shall be resident and abideing at and upon one of their said Benefices according to the intent and true meaning of the said former Act upon the pein and Penalty therein contained And â—hat none of the said Beneficed Persons being above the Age aforesaid except before excepted shall be excused of â—heir non residence for that they be students or resiant within the said Universities or any of them any Proviso in the former Act to the contrary notwithstanding 28 H. 8. cap. 13. What Students excusable for non residence And it is further enacted that all and singular such Beneficed Persons being under the Age of forty Years Resiant and abiding in the said Universities or any of them shall not enjoy the Privilege and Liberty of non residence contained in the Proviso of the former Act made for the Schollars of the said Universities unless he or they be present at the Ordinary Lectures as well at home in their Houses as in the common School or Schools and there in Person keep Sophemes Problemes Disputations and other exercise of learning and be Opponent and Respondent in the same according to the Ordinances and Statutes of either of the said Universities where he or thâ—â— shall be so abiding and resiant anâ— thing in the former Act notwithstanding 28 H. 8. cap. 13. And by the said Statute it is furtheâ— Readers of publick Lectures c. excusable provided that nothing therein contained shall extend to any Person â—â— Persons who shall be Readers of aâ—â— publick or common Lecture in Diâ—â—nity Law Civil Physick Philosophy Humanity or of any of the Liberal Sciences or publick or common Interpreters or Teachers of the Hebrew Tongue Caldee or Greek in whatsoever College or Place of any of the said Universities the said Persons for the time being shall reade the said common or publick Lectures nor to any Person or Persons above the Age of forty Years which shall resort to any of the said Universities to proceed Doctors in Divinity Law Civil or Physick for the time of their proceedings and Executing of such Sermons Disputations of Lectures which they be bound by the Statutes of the Universities there to doe for the said degrees so obtained 28 H. 8. cap. 13. Non residence 〈◊〉 is And now having shewed what the Statute Law saith concerning non residence I shall proceed to shew what the Judges Opinions have been in such Cases concerning the same as I find in our modern reports In an Information upon the Statute for non residence upon not guilty pleaded a special Verdict was found that the Defendant was Parson of Downham in Norfolk and had a Parsonage House and Glebe Land within the Parish but he Inhabited not therein but in a Coppy-hold Tenement which he had in the right of his Wife in the said Parish and alwaies served the cure and whether this were a non residence or no within the Statute was the Question And Gawdy and Popham Justices held it was not a residence within the Statute which was made for three causes first that the cure should be served
Rule they go by in the First Fruits Office was made after the Popes Authority was denyed here in England vide Co. Inst 3. part f. 154. CHAP. VIII Of the First Fruits Tenths Dilapidations and Mortuaries Court of the First Fruits dissolved OBserve that in the time of H. 8. when the First Fruits were annexed to the Crown there was a Court of First Fruits and Tenths instituted and appointed by the 32 H. 8. cap. 45. consisting of a Chancellor Treasurer King's Attorney two Auditors and two Clerks a Messinger and an Usher with Authority given to Compound for First Fruits and that Bonds taken therefore should be of the force of a Statute Staple but this Court was Dissolved by Queen Mary 1. Mar. 2. Sess cap. 10. and all the Clergy Exonerated and Discharged from the payment of First Fruits and Tenths given to the Crown by the 26 H. 8. cap. 3. and this was Enacted by 2. 3. p. M. cap. 4. First Fruits Restâ—â—ed to the Crown But afterwards the Stat. 26 H. 8. cap. 3. was revived and First Fruits and Tenths of the Clergy Reunited to the Crown by 1 Eliz. cap. 4. but no Court is revived but First Fruits and Tenths to be within the Rule Survey and Government of the Exchequer and a new Office and Officer was Created viz. a Remembrancer of the First Fruits and Tenths of the Clergy who taketh all Compositions for the First Fruits and Tenths and makes process against such as pay not the same and note that the First Fruits are the profits for one whole year of every Spiritual Living after Avoidance except Vicarages not exceeding Ten pounds and Parsonages not exceeding Ten Marks in the King's Books according to the Taxation made in the 26 H. 8. and now remaining in the Exchequer but all are to pay Tenths 1 Eliz. cap. 4. Co. Inst 4. part f. 120. First Fâ—â—iâ—s given to â—â—e King By the Stat. 26 H. 8. it is Enacted that the King's Highness His Heirs â—nd Successors Kings of England shall have and enjoy from time to time to endure for ever of every such Person and Persons as shall be Nominated Elected Preferred Presented Collated or by any other means appointed to have any Arch-bishoprick Bishoprick College Hospital Arch deaconry Deanry Provost-ship Prebend Parsonage Vicarage or other Dignity Benefice Office or Promotion Spiritual within this Realm or elsewhere within any of the King's Dominions of what Name Nature or Quality soever they be or to whose Foundation Patronage or Gift soever they belong the First Fruits Revenues and Profits for one year of every such Arch-bishoprick Bishoprick c. And that every such Person and Persons before any Actual or Real possession or medling with the Profits thereof shall satisfie content and pay or compound or agree to pay to the King's use at reasonable dayes upon good Suerties the said First Fruits and Profits for one year and all Writings Obligatory taken or the payment of the same by any Person deputed to Compound for the First Fruits shall be of the same strength quality and force to all Iâ—â—â—nts as Writings Obligatory made by any Lay Person by Authority of the Sâ—atute Staple And if any Person or Persons 〈…〉 said do enter into the â—eaâ— and 〈…〉 of any of the 〈…〉 aforesaid 〈…〉 thereof 〈…〉 he First Fruits or compounded and given Suerties as aforesaid to pay the same Then every such Person so offending and being Convicted by Presentment Verdict Confession or Witnesses before such as have Authority to Compound the same shall be taken as an Intruder upon the King's Possession and they their Heirs Executors or Administrators shall pay double the value of the said First Fruits and Profits of such Dignity c. wherein they shall so enter before Payment or Agreement for the same but Arch-bishops and Bishops and all other having Ordinary Jurisdiction may give and deliver Letters of Institution and Induction as they might do before the making of the said Act notwithstanding the same 26 H. 8. cap. 3. Tenths given to the King And it is also further Enacted by the said Statute that there shall be paid yearly for ever to the King His Heirs and Successors one yearly Rent or Pension amounting to the value of the Tenth part of the Profits of all and every Benefice or Promotion Spiritual c. as abovesaid according to the Taxation in the King's Exchequer aforesaid to be paid yearly befoâ—◠〈◊〉 first day of April and every Arch-bishop and Bishop within their proper Diocess as well within places exempt as not exempt and in time of Vacation the Dean and Chapter of the Cathedral Church shall Collect and Receive the same and pay in the said Sums yearly before the last day of May 7 E. 6. cap. 4. to such Persons as have Authority to receive the same And every of the said Arch-bishops and Bishops their Executors and Administrators and Possessions of their Dignities and Churches shall stand Charged and Chargable for the same Sums of Money which they shall Collect and Receive of the said yearly Rent or Pension and the Bishop of Norwich and his Successors and in the time of Vacation the Dean and Chapter of the Cathedral Church of Norwich are to gather the same within that Diocess by the Statute 32 H. 8. cap. 47. and the Rents and Pensions reserved by H. 8. out of the Five new Bishopricks Established by him to wit Chester Glocester Peterborough Bristol and Oxford which by the 34 and 35 H. 8. c. 17. were to be paid into the Court of First Fruits and Tenths are made payable by the 1 Eliz. to the same Persons who receive the First Fruits and Tenths of the other Clergy 1 Eliz. c. 4. Process to be made out for non-payment of Tenths And by the 26 H. 8. cap. 3. It is further Enacted That the Treasurer Chancellor and Barons of the King's Exchequer shall yearly cause Process to be made by their Discretions for Non payment of the Tenths or any part thereof against every Arch-bishop and Bishop of this Realm for so much as the Dignities Benefices c. within their several Diocesses are Taxed and Charged at every of the said Arch-bishops and Bishops to be Charged only for so much as is within his own Diocess And the Arch-bishops and Bishops have Power and Authority by the said Act to levy take and perceive by Authority of Censures of the Church or by Distress or otherwise by their Discretion all such Sums of Money as are Rated for the said Tenths upon the Lands Tenements Profits c. of all such Spiritual Promotions as aforesaid within their Diocess And no Replevin Prohibition nor Supersedeas upon any Excommunication nor any other Writ or Impediment shall be Sued Allowed or Obeyed for any Person or Persons making default of payment of such part and portion as they shall be Rated at till such time as they have truly satisfied their said Part and Portion And in Case where
the 18 Eliz. all Leases to be made by any Ecclesiastical Spiritual or Collegiate Persons above mentioned of any of their said Ecclesiastical Spiritual or Collegiate Lands Tenements or Hereditaments whereof any former Lease for Years is in being not to be expired surrendred or ended within three Years next after the making of any such new Lease shall be void frustrate and of none effect And all and every Bond and Covenant whatsoever to be made for renewing or making of any Lease or Leases contrary to the true meaning of this Act or of the Act made 13 Eliz. cap. 10. shall be utterly void any Law Statute Ordinance or other thing whatsoever to the contrary in any wise notwithstanding 18 Eliz. cap. 11. Sequestration when to be granted And where an Incumbent offends against 13 El. 20. in letting his Benefice c. after complaint made to the Ordinary and Sentence given of any Offence whereby he shall or ought to lose one Years profit of his Benefice the Ordinary within two Months after such Sentence given and Request to him made by the Church-Wardens of the said Parish or one of them shall grant the Sequestration of such profits to such Inhabitant or Inhabitants within the Parish where such Benefice shall be as to him shall seem meet and convenient and upon default therein by the Ordinary that it may and shall be Lawfull to every Parishioner where the Benefice is to retain and keep his or their Tythes and likewise for the Church-Wardens of the said Parish to enter and take the profits of the Glebe Land and other Rents and Duties or every such Benefice to be imployed to the use of the Poor as aforesaid until such time as Sequestration shall be committed by the Ordinary and then as well the Church-Wardens as Parishioners to yield Accompt of and make payment to him or them to whom such Sequestration shall be committed and that he or they to whom it shall be committed shall justly and truly imploy 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 pein of forfeiture of double the value of such with-holden profits to be recovered in the Ecclesiastical Court by the Poor of the Parish 18 Eliz. cap. 11. vide H. 43 Eliz. C. B. Jackson's Case Goldess Rep. pa. 154. pl. 82. Judges to take notice of general Laws And note that it hath been Resolved that the stat 13 Eliz. cap. 20. 18 Eliz. cap. 11 concerning Leases made by Deans and Chapters Colleges c. are general Laws of which the Court is to take notice although they be not found by the Jurors and so it was Resolved between Claypool and Carter in a Writ of Error in the King's Bench as my Lord Cook cites it in his Rep. 4 Lib. f. 120. b. Nine Rules to be observed in Ecclesiastical Persons Leases c. Having taken the Heads of the Statutes which have been made concerning Ecclesiastical Persons Leases let us now see what our Law Books say concerning the same and first observe that whereas before the making of the Statute of the 32 H. 8. cap. 18. no Archbishop Bishop Archdeacon Dean or Prebend could have made any Lease to have bound his Successors without the Confirmation and Consent of their Chapters c. now by this Act they are enabled to make Leases for three Lives or 21 Years to bind their Successors without any Confirmation at all observing these Nine Rules following in their said Leases Rule 1 First The Lease must be made by Deed Indented and not by Deed Poll or by Paroll Co. Lit. f. 44. a. Rule 2 Secondly It must be made to begin from the day of the making thereof or from the making thereof Co. Lit. f. 44. a. Co. Rep. 5 Lib. f. 6. a. Rule 3 Thirdly If there be an Old Lease in being it must be surrendred expired or ended within a Year of the making of the New Lease and the surrender must be absolute and not conditional Co. Lit. f. 44. Rule 4 Fourthly There must not be a double Lease in being at one time as if a Lease for Years be made according to the Statute he in the Reversion cannot expulse the Lessee and make a Lease for Live or Lives according to the Statute nor è converso for the words of the Statute be to make a Lease for three Lives or 21 Years so as one or the other may be made but not both Co. Lit. f. 44. b Tr. 30. Eliz. B. R. Elmer and Gale's Case M. Rep. f. 253. pl. 400. Co. Rep. 5. Lib. f. 2. a. Rule 5 Fifthly it must not exceed Three Lives or one and twenty years from the making of it but it may be for a less Term or fewer years Co. Lit. f. 44. b. Co. Rep. 5. Lib. f. 2. b. Rule 6 Sixthly It must be of Lands Tenements or Hereditaments Manurable or Corporal which are necessary to be Letten and whereof a Rent by Law may be reserved and not of things that lye in Grant as Advowsons Faires Markets Franchises and the like whereof a Rent cannot be reserved Co. Lit. f. 44. b. 144. a. Vaugh. Rep. f. 203 204. Tr. 30. Eliz. B. R. Jewell's Case Co. Rep. 5. Lib. f. 3. a. vide 10 H. 6. 2. Rule 7 Seventhly It must be of Lands and Tenements most commonly Letten to Farm or occupied by the Farmers thereof by the space of Twenty years next before the Lease made but so as it be but Letten for Eleven years at one or several times within those Twenty years it is sufficient A Grant by Copy of Court Roll in Fee for Life or years is a sufficient Letting to Farm within this Statute for he is but a Tenant at Will according to that Custom and so it is of a Lease at Will by the Common Law but these Lettings to Farm must be made by some Seized of an Estate of Inheritance Co. Lit. f. 44. b. Tr. 3. Jac. B. R. Dean and Chapter of Worcester's Case Co. Rep. 6. Lib. f. 37. a. Rule 8 Eighthly Upon every such Lease there must be reserved yearly during the same Lease due and payable to the Lessors their Heirs and Successors c. so much yearly Rent or more as hath been most accustomably yielded or paid for the Lands c. within Twenty years next before such Lease made hereby first it appears that nothing can be demised as hath been said before by Authority of this Act but that whereout a Rent may be lawfully reserved Secondly that where not only a yearly Rent was reserved formerly but things not Annual as Herriots or any Fine or other Profit at or upon the death of the Farmer yet if the Yearly Rent be reserved upon a Lease made by force of this Statute it is sufficient by the express words of the Act. Thirdly if he reserve more than the accustomable Rent it is good
If a Writ of Annuity should be brought against a Parson or Vicar upon Recovery in a Writ of Annuity against a Parson binds not the Successor a feigned Prescription or Grant supposed to be made before the Statute and he Prays in aid of the Patron and Ordinary and the Plaintiff obtains a Verdict and all this is done by Practice and Fraud charge the Glebe this shall be void against the Successor for although the Annuity charge the Parson or Vicar and not the Possessions yet this is within the mischief to Wit the impoverishing of the Successor cause of Dilapidations and decay of Spiritual Livings and Hospitality which are the mischiess mentioned in the Preamble Co. Rep. 5 Lib. f. 14. b. Eytru's Case there cited vide Co. Rep. 10 Lib. f. 61. a. Bridg. Rep. f. 30. Plea to a bad where bad A Parson became bound in an Obligation with condition not to be absent from his Benefice by the space of 80 daies in one Year not permute or resign without the consent of the Patron and afterwards he became non resident and the Bond being sued he pleaded the Statute 14 Eliz. by which all Leases of Parsons made of their Benefices and all Obligations for injoying where they are absent by 80 daies et ultra in one Year shall be void and averred that he was absent 80 daies and saith not ultra and this upon demurrer was adjudged an ill Plea for he may be absent for 80 daies and come again in the Night of the 80 day and then the Bond is not void H. 30 Eliz. B. R. Gosnall and Kindlemarsh Case Cro. Eliz. f. 88. pl. 10. 490. pl. 7 M. 37 38 Eliz. B. R. Rot. 31. Earl of Lineoln and Hoskin's Case M. 26 Eliz. B. R. Coxe's Case Leon. Rep. 3 part f. 102. pl. 148. P. 30 Eliz. B. R. S. John and Pettit's Case Leon. Rep. 1 part f. 100. pl. 129. Lease in Reversion not binding to the Successor The Dean and Chapter of Pauls made a Lease of an House in London to one for forty Years which House was then in Lease for 10 Years to another and this Lease was adjudged void by the 13 Eliz. and not warranted by the 14 Eliz. which makes Leases of Houses in Cities to be good for 40 Years so as it be not in Reversion of any other Lease for although this Lease be to Commence immediately yet it is in Law a Lease in Reversion and therefore within the words of the Statute and shall be avoided by the Successors P. 39 Eliz. C. B. Hunt and Singleton's Case Cro. Eliz. f. 564. pl. 25. vide Co. Rep. 3 Lib. f. 60. a. Roll's Cases 1 part f. 159. Acceptance it will make the Lease good where not Note where a Lease is void ipso facto by the Death of the Lessor there no acceptance of the Rent by the Successor will make the Lease good as if a Parson Vicar or Prebend make a Lease not warranted by the Statutes for one and twenty Years rendring Rent and dyes here no acceptance of the Rent by the Successor will affirm the Lease because the same was void without entry or Ceremony but if a Parson Vicar or Prebend make a Lease not warranted by the said Statutes for life or lives reserving Rent and dye and the Successor before entry accepts the Rent or receives fealty of the Tenant then such Lease shall bind him for his time for this being an Estate of freehold cannot be avoided before entry Co. Rep. 3 Lib. f. 65. a. 11 E. 3 Tit. Abbot 9. 8 H. 5. 19. 37 H. 6. 3. 24 H. 8 Tit. Leases Br. 19. F. N. B. 50. Dyer f. 239. b. Acceptance where it bindâ— But if a Bishop make a Lease for Years not warranted by the Statutes and dye if the Successor accepts the Rent he shall not avoid the Lease during his time Co. Rep. 3 Lib. f. 65. a. or if the Bishop appoint a Bailiff to receive his Rents and he receives the Rent from such Tenant amongst the rest of the Tenants who holds by such voidable Lease and pays the same over to the Bishop with the other Rents not acquainting the Bishop therewith and he receives the Rent this is a good acceptance and shall bind the Bishop H. 5 Jac. C. B. between Wheeler and Danby adjudged by the Court Roll's Cases 1 part f. 476 D. 1. vide Cro. Car. f. 95. Where it binds not If a College make a Conveyance in Fee within the 13 Eliz. reserving Rent and the Master dyes and his Successor being Master accepts the Rent and gives a note under his Hand of the recept thereof without putting his Seal to the same and without Authority of the College this acceptance shall not bind the College but they may enter during the Life of the Master who accepted the Rent Roll's Rep. 1 part f. 172. but having I fear Trespassed too much in this Chapter upon the Reader 's Patience I shall here conclude and proceed to the next CHAP. X. How Clergy men are Incapacitated to take Farmes or follow secular Affairs and how they are punishable for incominence by their Superiours and by whose power and Authority Courts Ecclesiastical are to be kept and in whose name and stile their Ecclesiastical Process are to be and with what Seal to be Sealed The Penalty of Spiritual Persons Farmiâ—g Lands c. FOr the more quiet and vertuous increase and maintainance of Divine Service and the Preaching and Teaching of the Word of God with godly and good example and increase of Devotion it is enacted by the 21 H. 8. that no Spiritual Person of what degree soever shall take to farm to himself or to any Person or Persons to his use of any Person whatsoever by Letters Patents Indentures Writings by Word or otherwise by any manner of means any Manors Lands Tenements or other Hereditaments for Term of Life or Term of Years or at Will upon pein to forfeit ten pounds for every Month he or any to his use shall occupy the same by virtue of such Lease or Grant one Moiety to the King and the other to the Informer to be recovered in any of the King's Courts 21 H. 8. cap. 13. The Penalty for buying and selling And it is further enacted that no Spiritual Person or Persons of what Estate or Degree soever they be shall by himself nor by any other for him nor to his buy to sell again for lucre gain or profit in any Markets Faires or other Places any manner of Cattel Corn Lead Tin Hides Leather Tallow Fish Wooll Wood or any manner of Victuals or Merchandize whatsoever on pein to forfeit the treble value of the things so brought to sell again one Moiety to the King and the other to the Informer to be recovered as aforesaid 21 H. 8. cap. 13. In what Cases they may sell goods c. But it is provided by the said Act that