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ters, attending daily in their honourable households, during fo long as they fhall attend in any of their houfeholds; nor to any Chaplain of any Archbishop or Bishop, or of any spiritual or temporal Lords of the Parliament, daily attending, abiding, and remaining in any of their honourable houfeholds; nor to any Chaplain of any Dutchefs, Marchionefs, Countefs, Viscountefs, or Baronefs, attending daily and abiding in any of their honourable households; nor to any Chaplain of the Lord Chancellor or Treafurer of England, the King's Chamberlain, or Steward of his household for the time being, the Treasurer and Comptroller of the King's moft honourable household for the time being, attending daily in any of their honourable households; nor to any Chaplain of any of the Knights of the honourable Order of the Garter, or of the Chief Juftice of the King's Bench, Warden of the Ports, or alfo of the Master of the Rolls; nor to any Chaplain of the King's Secretary and Dean of the Chapel, Amner for the time being, daily attending and dwelling in any of their households, during the time that any fuch Chaplain or Chaplains fhall abide and dwell, without fraud or covin, in any of the faid honourable households; nor to the Master of the Rolls, or Dean of the Arches, nor to any Chancellor or Commiffary of any Archbishop or Bifhop; nor to as many of the twelve Mafters of the Chancery, and twelve Advocates of the Arches, as be, or hereafter fhall be, fpiritual men, during so long time as they fhall occupy their faid rooms and offices: nor to any fuch fpiritual perfons as fhall happen, by injunction of the Lord Chancellor, or the King's Council, to be bound to any daily appearance and attendance to answer to the law, during the time of such injunction.
25 Hen. VIII. Cap. xvi.
An Act that every Judge of the High Courts may have one Chaplain beneficed with Cure.
THERE in the Parliament holden at Westminster in
the twenty-first year of the reign of our Sovereign Lord King Henry the Eighth, it was among other things ordained and provided, That certain honourable perfons, as well fpiritual as temporal, fhall have Chaplains beneficed with cure to ferve them in their honourable
houfes, which Chaplains fhall not incur the danger of any penalty or forfeiture, made or declared in the fame Parliament, for non-refidence upon their faid benefices, or for obtaining licences for difpenfations of pluralities: in the which Act no provifion was made for any of the King's Judges of his high Courts, commonly called the King's Bench, and the Common Pleas, except only for the Chief Judge of the King's Bench, nor for the Chancellor, nor the Chief Baron of the King's Exchequer, nor for any other inferior perfons, being of the King's most honourable Council, as by the faid Act may appear.
2. Wherefore it is ordained and enacted by authority of this prefent Parliament, That as well every Judge of the faid bigh Courts, and every of the Chancellor and Chief Baron of the faid Exchequer, the King's General Attorney, and General Solicitor, which for the time is, be, or fhall be; fhall and may from henceforth at his liberty retain, and have fingularly to every of them in his house, or attendant to his perfon, one Chaplain, having one benefice with cure of fouls, which may be abfent from his faid benefice, and not refident upon the fame; the said Statute made in the faid one and twentieth year, or any other Statute, A&t, or Ordinance, made to the contrary, in any wife notwithstanding.
28 Hen. VIII. Cap. xiii. Sect. 2, 3, 5.
Limitation of the Exemption granted to Members of the Univerfities by 21 Hen. VIII.
E it therefore enacted by the King our Sovereign Lord, with the affent of the Lords fpiritual and temporal, and the Commons in this prefent Parliament affembled, That all and fingular fpiritual perfon and perfons, which now be, or hereafter shall be, to any benefice or benefices promoted as is aforefaid, being above the age of forty years, (the Chancellor, Vice-Chancellor, Commiffary of the faid Univerfities, or any of them, Wardens, Deans, Provofts, Prefidents, Rectors, Mafters, Principals, and other head Rulers of colleges, halls, and other houfes or places corporate within the faid Univerfities, 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,) fhall be refident and abiding at and upon one of their faid benefices, according to the intent and true meaning of the faid former A&t, upon fuch pain and penalties as be contained in the faid former Act, made and appointed for fuch beneficed perfons for their non-refidence. And that none of the faid beneficed perfons, being above the age aforefaid, except before except, fhall from henceforth be excufed of their non-refidence upon the faid benefices, for that they be ftudents or refiant within the faid Univerfities, or any of them; any provifo, or any other claufe or fentence fpecified or contained in the faid former Act of non-refidence, or any other thing or things to the contrary hereof in any wife notwithstanding.
3. And over this be it enacted by the authority aforefaid, That all and fingular fuch beneficed perfons, being under the age of forty years, refiant and abiding within the faid Univerfities, or any of them, fhall not enjoy the privilege and liberty of non-refidence, contained in the provifo of the faid former Act, made for the Scholars and Students of the faid Univerfities, or any of them, unless he or they be prefent at the ordinary Lecture and Lectures, as well at home in their houses, as in the common School or Schools; and in their proper perfon keep fophifms, problems, difputations, and other exercifes of learning, and be opponent and refpondent in the fame, according to the ordinances and statutes of either of the said Univerfities, where he or they fhall be fo abiding or refiant; any thing contained in the faid provifo or former Act to the contrary notwithstanding.
5. Provided alway, That this Act, nor any thing therein contained, fhall extend to any perfon or perfons, which now is, or hereafter fhall be, Readers of any public or common Lecture in Divinity, Law Civil, Phyfic, Philofophy, Humanity, or any of the liberal fciences, or public or common Interpreters, or Teachers of the Hebrew tongue, Chaldee, or Greek, in whatfoever College or place of any of the faid Univerfities, the faid perfons for the time being fhall read the faid common or public Lectures nor yet to any perfon or perfons after or above the age of forty years, which fhall refort to any of the faid Universities, to proceed Doctors in Divinity, Law Civil, or Phyfic, for the time of their faid proceedings, and executing of fuch Sermons, Difputations, or Lectures, which they be bound by the Statutes of the Univerfities there to do for the faid degrees fo obtained.
33 Hen. VIII. Cap. xxviii.
An Act for the Chancellor of the Dutchy of Lancaster, and others, to have Chaplains.
To the King our Sovereign Lord. Where in the Parliament holden at Westminster, in the one and twentieth year of your moft gracious reign, it was amongst other things ordained and provided, That certain honourable perfons, and other of your Highness' counsellors and officers, as well fpiritual as temporal, fhould and might have Chaplains beneficed with cure, to ferve and attend upon them in their houses, which Chaplains fhould not incur the danger of any penalty or forfeiture made or declared in the fame Parliament, for non-refidence upon their faid benefices, or for obtaining licences or difpenfations of pluralities in which Act is no provifion made for any the head officers of your Grace's feveral Courts of your Dutchy of Lancafter, the Courts of Augmentations of the Revenues of your Highnefs's Crown, the Firft- Fruits and Tenths, the Mafter of your Majesty's Wards and Liveries, the general Surveyors of your Grace's lands, and other your Grace's Courts:
In confideration whereof, it may please your Majefty, that it may be enacted by your Highnefs, with the affent of the Lords spiritual and temporal, and the Commons in this prefent Parliament affembled, and by the authority of the fame, That the Chancellor of the faid Court of the Dutchy of Lancaster, the Chancellor of your Highness' Court of Augmentations, the Chancellor of your Grace's Court of Firft- Fruits and Tenths, the Mafter of your Highnefs' Wards and Liveries, and every of your Grace's general Surveyors of your Highnefs' lands, the Treasurer of your Grace's Chamber, the Treasurer of your Highnefs' Court of Augmentations, and the Groom of your Grace's Stole, and every of them for the time being, fhall and may retain fingularly to every of them in his houfe, or attendant unto his perfon, one Chaplain having one benefice with cure of fouls, which may be abfent from the faid benefice, and non-refident upon the fame; the faid Eftatute made in the faid twenty-firft year of your moft gracious reign, or any other Eftatute, Act, or Ordinance made to the contrary in any wife notwithstanding.
Provided alway, and be it enacted by authority aforefaid, That every of the faid Chaplains fo being beneficed
as aforefaid, and dwelling with any the officers aforenamed, fhall perfonally repair two times in every year at the least to his faid benefice and cure, and there to tarry and abide by the space of eight days at every fuch time, at the leaft, to vifit and inftruct his faid cure; upon the pain to forfeit, for every time fo failing, forty fhillings; the one moiety thereof to the King our Sovereign Lord, the other to fuch as will fue for the fame by action of debt, bill, plaint, or information, in any of the King's Courts of Record, in which fuit no effoin, protection, or wager of law fhall be allowed.
43 Geo. III. Cap. lxxxiv.
An Act to amend the Laws relating to Spiritual Perfons bolding of Farms; and for enforcing the Refidence of Spiritual Perfons on their Benefices, in England.
THEREAS many of the provifions of an Act, made in the twenty-first year of the reign of his Majefty King Henry the Eighth, intituled, Spiritual Perfons abridged from baving Pluralities of Livings, and from taking of Ferms, &c. and other the laws now in force relating to fpiritual perfons refiding on their benefices, have been found inconvenient; and it is expedient that certain of the provifions of the faid A&t fl:ould be repealed, and that other provifions fhould be made in lieu thereof; and that the faid Act and laws aforefaid fhould be amended, and more effectual provifions made for enforcing the refidence of fpiritual perfons on their benefices, and protecting fpiritual perfons from vexatious profecutions: May it therefore please your Majefty that it may be enacted; and be it enacted by the King's moft excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this present Parliament affembled, and by the authority of the fame, That, from and after the paffing of this Act, every fpiritual person, who fhall before the paffing of this Act have incurred any pecuniary penalty or penalties, or any forfeiture or forfeitures, under the faid recited Act, for or in respect of non-refidence or farming of lands, and againft whom no action, fuit, bill, plaint, or information, fhall have been brought, in respect thereof, under the faid Act, fhall be, and is hereby indemnified, freed, and discharged from the