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feit for every month fo ufing and occupying any of the faid myfteries or occupations, ten pounds. The one moiety thereof to the King our Sovereign Lord, and the other moiety to him that will fue for the fame by original writ, bill, plaint of debt, or information in any of the King's Courts, in which action and fuit no wager of law fhall be admitted for the defendant, nor any effoin or protection allowed.
Sect. 34, 35:
Spiritual Perfons may occupy their own land. PROVIDED always, That every fpiritual perfon or perfons, having lands, tenements, or other poffeffions in the right of their houses, above the yearly value of eight hundred marks, may keep and retain in their occupation and manurance, as much of their faid lands, and tenements, and other poffeffions, as fhall be neceffary and fufficient for pafturage of their cattle, and for tillage of corn to be employed and spent for the only maintenance, fuftentation, and keeping of his or their households and hofpitalities, without fraud or covin: any thing in this prefent Act to the contrary thereof notwithstanding.
35. Provided alway, That it may be lawful to every fpiritual person or perfons to take in ferm any meffes, manfions, or dwelling-houfes, having but only orchards or gardens, in any city, borough, and town, for their own habitation or dwelling; any thing in this Act to the contrary notwithstanding; fo that no perfon fpiritual, other than be above provided for, for their non-refidence, have any liberty of non-refidence by colour of this provifo.
Sect. 9, 10.
A Benefice of eight pounds a year void on taking another.
ND be it enacted by the authority aforefaid, That if any person or perfons having one benefice with cure of foul, being of the yearly value of eight pounds or above, accept and take any other with cure of foul, and be inftituted and inducted in poffeffion of the fame, that then and immediately after fuch poffeffion had thereof, the first benefice fhall be adjudged in the Law to be void. 10. And that it fhall be lawful to every patron, having
the advowfon thereof, to present another, and the presentee to have the benefit of the fame, in fuch like manner and form as though the incumbent had died or refigned; any licence, union, or other difpenfation to the contrary hereof obtained notwithstanding.
And that every fuch licence, union, or dispensation, had, or hereafter to be obtained, contrary to this prefent Act, of what name or names, quality or qualities foever. they be, fhall be utterly void, and of none effect.
Sect. 13-25, 29, 31, 33.
Qualifications for holding two Livings.
PROVIDED alfo, That all fpiritual men now being, or which hereafter shall be, of the King's Council, maypurchase licence or difpenfation, and take, receive, and keep three parfonages or benefices with cure of foul, and that all other being the King's Chaplains, and not sworn of his Council, the Chaplains of the Queen, Prince or. Princess, or any of the King's children, brethren, fifters, uncles, or aunts, may femblably purchafe licence or difpenfation, and receive and keep two parfonages and be nefices with cure of foul.
14. And in like wife, that every Archbishop and Duke may have fix Chaplains, whereof every one fhall and may purchafe licence or difpenfation, and take, receive, and keep two parfonages or benefices with cure of foul.
15. And that every Marquis and Earl may have five Chaplains, whereof every one may purchafe licence or difpenfation, and take, receive, and keep two parfonages or benefices with cure of foul.
16. And that every Viscount and other Bishop may have four Chaplains, whereof every one may purchase licence, and receive, have, and keep two parfonages or benefices with cure of foul, as is aforefaid.
17. And that the Chancellor of England for the time being, and every Baron and Knight of the Garter, may have three Chaplains, whereof every one fhall now purchafe licence or difpenfation, and receive, have, and keep two parfonages or benefices with cure of foul.
18. And that every Dutchefs, Marchionefs, Counters, and Baronefs, being widows, may have two Chaplains, whereof every one of them may purchase licence or difpensation, to receive, have, and keep two benefices with cure of foul.
19. And that the Treasurer and Comptroller of the King's houfe, the King's Secretary, and Dean of his Chapel, the King's Amner, and Mafter of the Rolls, may have every of them two Chaplains; and the Chief Juftice of the King's Bench, one Chaplain; and the Warden of the Five Ports for the time being, one Chaplain : whereof every one may purchase licence, and receive, have, and keep two parfonages or benefices with cure of foul.
20. And that the brethren and fons of all' temporal Lords, which are born in wedlock, may every of them purchase licence or difpenfation, to receive, have, and keep as many parfonages or benefices with cure, as the Chaplains of a Duke, or an Archbishop.
21. And likewife the brethren and fons born in wedlock of every Knight, may every of them purchase licence or difpenfation, and receive, take, and keep two parfonages or benefices with cure of foul.
22. Provided always, That the faid Chaplains fo purchafing, taking, receiving, and keeping benefices with cure of foul, as is aforefaid, fhall be bound to have and exhibit, where need fhall be, letters under the fign and feal of the King, or other their Lord and Master, testifying whofe Chaplains they be; and elfe not to enjoy any fuch plurality of benefices by being fuch Chaplain, any thing in this Act notwithstanding.
23. Be it alfo provided, That all Doctors and Bachelors of Divinity, Doctors of Law, and Bachelors of the Law Canon, and every of them, which fhall be admitted to any of the faid degrees by any of the Univerfities of this realm, and not by grace only, may purchase licence, and take, have, and keep two parfonages or benefices with cure of foul; fo that always the faid liberty by any of the provifions aforefaid given to any of the faid Counsellors, Chaplains, and other perfons before specified, to purchafe licence or difpenfation, and take, receive, and keep more benefices than one, after the manner and form aforefaid, be taken and understood to extend in number to no more benefices with cure of foul, than is above limited, accounting in the fame, and as parcel thereof, fuch benefices with cure of foul, as any the faid perfons fhall have in real title, or in their poffeffion, at the faid firft day of April, in the year of our Lord one thousand five hundred and thirty.
24. Provided also, That every Archbishop, because he muft occupy eight Chaplains at Confecrations of Bishops,
and every Bishop, because he muft occupy fix Chaplains at giving of Orders, and Confecration of Churches, may every of them have two Chaplains over and above the number above limited unto them, whereof every one may purchafe licence or difpenfation, and take, receive, and keep as many parfonages and benefices with cure of foul, as is before affigned to fuch Chaplains.
25. Provided alfo, and be it enacted by authority aforefaid, That no perfon or perfons, to whom any number of Chaplains, or any Chaplain, by any of the provifions aforefaid is limited, fhall in any wife, by colour of any of the fame provifions, advance any fpiritual perfon or perfons, above the number to them appointed, to receive or keep any more benefices with cure of foul, than is above limited by this Act; any thing specified in the faid provifions notwithstanding: and if they do, then every fuch spiritual perfon and perfons, fo advanced above the faid number, to incur the pain and penalty contained in this Act.
29. Provided alfo, That it fhall be lawful to every spiritual perfon or perfons, being Chaplains to the King our Sovereign Lord, to whom it fhall please his Highness to give any benefices or promotions fpiritual, to what number foever it be, to accept and take the fame, without incurring the danger, penalty, and forfeiture in this Eftatute comprised; and that alfo it fhall be lawful to the King's Highnefs to give licence to every of his own Chaplains for non-refidence upon their benefices; any thing in this present A&t contained to the contrary notwithstanding.
31. Provided alway, That no Deanery, Archdeaconry, Chancellorthip, Treafurerfhip, Chantership, or Prebend in any Cathedral or Collegiate Church, nor Parfonage that hath a Vicar endowed, nor any benefice perpetually ap propriate, be taken or comprehended under the name of Benefice having cure of foul, in any article afore fpecified.
33. Provided always, that every Dutchefs, Marchioness, Countess, Baronefs, widows, which have taken, or that hereafter fhall take, any husbands under the degree of a Baron, may take fuch number of Chaplains, as is above limited to them being widows; and that every fuch Chaplain may purchafe licence to have and take fuch number of benefices with cure of foul, and have like liberty of non-refidence, in manner and form as they might have done, if their faid ladies and miftreffes had
kept themselves widows; any thing in this prefent Act contained to the contrary notwithstanding.
Sect. 26, 28.
Refidence, and Exemptions.
BE it alfo further enacted by the authority aforefaid, That as well every fpiritual perfon now being promoted to any Archdeaconry, Deanery, or dignity in any Monaftery or Cathedral Church, or other Church conventual or collegiate, or being beneficed with any parfonage or vicarage, as all and every fpiritual perfon and perfons, which hereafter fhall be promoted to any of the faid dignities or benefices, with any parfonage or vicarage, from the feast of St. Michael the Archangel next coming, fhall be perfonally refident and abiding in, at, and upon his faid dignity, prebend, or benefice, or at one of them at the leaft. And in cafe that any fuch fpiritual perfon, at any time after the faid feaft, keep not refidence at one of his faid dignities, prebends, or benefices, as is aforesaid, but absent himfelf wilfully by the fpace of one month together, or by the space of two months, to be accounted at feveral times in any one year, and make his refidence and abiding in any other places by fuch time, that then he shall forfeit for every fuch default ten pounds fterling; the one half thereof to the King our Sovereign Lord, and the other half of the fame to the party that will fue for the fame in any of the King's Courts, by original writ of debt, bill, plaint, or information in which action and fuit the defendant fhall not wage his law, nor have any effoin or protection allowed.
28. Provided alway, That this Act of non-refidence shall not in any wife extend, nor be prejudicial, to any fuch fpiritual perfon as fhall chance to be in the King's fervice beyond the fea, nor to any perfon or perfons going to any pilgrimage or holy place beyond the fea, during the time that they thall fo be in the King's fervice, or in the pilgrimages going and returning home; nor to any fcholar or fcholars being converfant and abiding for study, without fraud or covin, at any Univerfity within this realm or without; nor to any of the Chaplains of the King or Queen, daily or quarterly attending and abiding in the King's or Queen's most honourable households; nor to any of the Chaplains of the Prince or Princess, or any of the King's or Queen's children, brethren or fif