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25 Henry 8, CAP. 20.-An act for the non-payment of first fruits to the bishop of Rome.- Where sithen the beginning of this present Nofirst fruits parliament, for repress of the exaction of annates and first fruits of shall be paid archbishoprics and bishoprics of this realm wrongfully taken by the of Rome; and bishop of Rome, otherwise called the pope, and the see of Rome, it is
time a bishop ordained and established by an act, among other things, that the shall be chopayments of the annates or first fruits, and all manner contributions for the same, for any such archbishopric or bishopric, or for any bulls crateri
Stat. 23 H. 8, to be obtained from the see of Rome, to or for the said purpose or c. 20. intent, should utterly cease, and no such to be paid for any archbishopric or bishopric within this realm, otherwise than in the same act is expressed : and that no manner of person or persons to be named, elected, presented or postulated to any archbishopric or bishopric within this realm, should pay the said annates or first fruits, nor any other manner of sum or sums of money, pensions or annuities for the same, or for any other like exaction or cause, upon pain to forfeit to our sovereign lord the king, his heirs and successors, all manner his goods and chattels for ever, and all the temporal lands and possessions of the said archbishopric or bishopric during the time that he or they that should offend contrary to the said act, should have, possess and enjoy the said archbishopric or bishopric. And it is further enacted, that if any person named or presented to If any pre the see of Rome by the king's highness, or his heirs or successors, to king to the be bishop of any see or diocese within this realm, should happen to sice of Rome be letted, delayed or deferred at the see of Rome from any such in England bishopric whereunto he should be so presented, by mean of restraint be there des of bulls of the said bishop of Rome, otherwise called the pope, and be consecraother things requisite to the same, or should be denied at the see of
archbishop Rome, upon convenient suit made, for any bulls requisite for any
in England. such cause, that then every person so presented might or should be consecrated here in England by the archbishop in whose province the said bishopric shall be; so always, that the same person should be named and presented by the king for the time being to the said archbishop. And if any person being named and presented (as is One pre beforesaid) to any archbishopric of this realm, making convenient suit, as is aforesaid, should happen to be letted, delayed, deferred to an archor otherwise disturbed from the said archbishopric, for lack of pall, and there bulls, or other things to him requisite to be obtained at the sce of letted,may be Rome, that then every such person so named and presented to the by two archbishop, might and should be consecrated and invested, after bishops of presentation made as is aforesaid, by any other two bishops within this realm, whom the king's highness or any his heirs or successors, kings of England, would appoint and assign for the same, according and after like manner as divers archbishops and bishops have been heretofore in ancient time by sundry the king's most noble progenitors made, consecrated and invested within this realm. And it is further enacted by the said act, that every archbishop and bishop, being named and presented by the king's highness, his heirs and successors, kings of England, and being consecrated and invested, as is aforesaid, should be installed accordingly, and should be accepted, taken and reputed, used and obeyed as an archbishop or bishop of the dignity, see or place whereunto he shall be so named, presented
ted by an
sented to the see of Rome
and consecrated, and as other like prelates of that province, see or diocese, have been used, accepted, taken and obeyed, which have had and obtained completely their bulls and other things requisite in that behalf from the see of Ronie, and also should fully and entirely have and enjoy all the spiritualties and temporalties of the said archbishopric or bishopric, in as large, ample and beneficial manner, as any of his or their predecessors had or enjoyed in the said archbishopric or bishopric, satisfying and yielding unto the king's highness, and to his heirs and successors, all such duties, rights and invests as before time hath been accustomed to be paid for any such archbishopric or bishopric, according to the ancient laws and customs of this realm and the king's prerogative royal, as in the said act amongst other things is more at large mentioned.
II. And albeit the said bishop of Rome, otherwise called the pope, hath been informed and certified of the effectual contents of the said act, to the intent that by some gentle ways the said exactions might have been redressed and reformed, yet nevertheless the said bishop of Rome hitherto hath made none answer of his mind therein to the
king's highness, nor devised nor required any reasonable ways to and The king's with our said sovereign lord for the same: wherefore his most royal the foresaid majesty of his most excellent goodness, for the wealth and profit of
this his realm and subjects of the same, hath not only put his most gracious and royal assent to the foresaid act, but also hath ratified and confirmed the same, and every clause and article therein con. tained, as by his letters patents under his great seal enrolled in the parliament roll of this present parliament more at large is contained.”
26 Henry 8, Cap. 3.— The bill for the first fruits, with the yearly First fruits pensions to the king.–Forasmuch as it is, and of very duty ought to of all dignis, be, the natural inclination of all good people, like most faithful, loving shall be paid and obedient subjects, sincerely and willingly to desire to provide, to the king, not only for the public weal of their native country, but also for the
supportation, maintenance and defence of the royal estate of their Rep. 2 & 3 P. & M. C. 4, most dread, benign and gracious sovereign lord, upon whom, and in and revived whom dependeth all their joy and wealth, in whom also is united and 2 Anne c. 11. knit so princely a heart and courage, mixed with mercy, wisdom and
justice, and also a natural affection joined to the same, as by the great, inestimable and benevolent arguments thereof, being most boun. tifully, largely, and many times shewed, ministered and approved towards his loving and obedient subjects, hath well appeared, which requireth a like correspondence of gratitude to be considered, according to their most bounden duties; wherefore his said humble and obedient subjects, as well the lords spiritual and temporal, as the commons, in this present parliament assembled, calling to their remembrance not only the manifold and innumerable benefits daily administered by his highness to them all, and to the residue of all other his subjects of this realm; but also how long time his majesty hath most victoriously, by his high wisdom and policy, protected, defended and governed this his realm, and maintained his people and subjects of the same in tranquillity, peace, unity, quietness and wealth; and also considering what great, excessive and inestimable
12 Co. 45.
b For remainder of this statute sec vol. ii. p. 370.
charges his highness hath heretofore been at, and sustained by the space of five and twenty whole years, and also daily sustaineth, for the maintenance, tuition and defence of this his realm, and his loving subjects of the same, which cannot be sustained and borne without some honorable provision and remedy may be made, found, provided and ordained for maintenance thereof; do therefore desire, and most humbly pray, that for the more surety of continuance and augmentation of his highness' royal estate, being not only now recognized as be always indeed hath heretofore been) the only supreme head in earth, next, and immediately under God, of the church of England, but also their most assured and undoubted natural sovereign liege lord and king, having the whole governance, tuition, defence and maintenance of this his realm, and most loving and obedient subjects of the same: it may therefore be ordained and enacted by his highdess, and the lords spiritual and temporal, and the commons, in this present parliament assembled, and by authority of the same, in manner and form following:
II. That is to say, that the king's highness, his heirs and succes. First fruits sors, kings of this realm, shall have and enjoy from time to time, to for one year endure for ever, of every such person and persons which at any time of every spiafter the first day of January next coming shall be nominated, elected, is granted to prefected, presented, collated, or by any other means appointed, to the king
, have any archbishopric, bishopric, abbacy, monastery, priory, college, s. 1, a deduchospital, archdeaconry, deanery, provostship, prebend, parsonage, made of the Ticarage, chantry, free chapel, or other dignity, benefice, office or tenth part of promotion spiritual within this realm, or elsewhere within any of the king's dominions, of what name, nature or quality soever they be, first fruits of to whose foundation, patronage or gifts soever they belong, the first fruits, revenues and profits for one year of every such archbishopric, bishopric, abbey, monastery, priory, college, hospital, archdeaconry, deanery, provostship, prebend, parsonage, vicarage, chantry, free chapel or other dignity, benefice, office or promotion spiritual afore named, whereunto any such person or persons shall Every spiritafter the said first day of January be nominated, elected, prefected, shall be presented, collated, or by any other means appointed; and that bound for his such person and
any actual or real possession, before his meddling with the profits of any such archbishopric, bishopric, session of his abbacy, monastery, college, hospital, deanery, provostship, prebend, benefice. parsonage, vicarage, chantry, free chapel, priory or other dignity, c. 11, s. 3, benefice, office or promotion spiritual, shall satisfy, content and pay, or compound or agree to pay to the king's use, at reasonable days, fruits shall upon good sureties, the said first fruits and profits for one year.
III. And be it also enacted by authority aforesaid, that the chan- Commissioncellor of England and master of the rolls for the time being, jointly for the searele and severally, or such other person and persons as shall please the of benefices, king's highness, his heirs or successors, from time to time, at his or
pound for the their pleasure, to name and depute, by commission or commissions first fruits. tunder the great seal, shall have power and authority, as well to examine and search for the just and true value of the said first fruits and profits, by all ways and means that they can, as to compound and agree for the rate of the said first fruits and profits, and to stall and limit reasonable days for payment thereof upon good
for the first
and to com
taken for first
shall be suflicient discharge
and sufficient surety or sureties by writings obligatory by their The money, discretions; and if composition or agreement be had or made for fruits shall
the said first fruits before the said lord chancellor or master of the be delivered rolls, that then the writings obligatory, or money taken for the same, surer of the shall rest, remain and abide in the hanaper of the king's chancery, chamber,
there safely to be kept to the king's use, and the money to be due of such writings obligatory, or to be received in hand by reason of any such composition, shall be paid in the said hanaper to the clerk of the hanaper for the time being, and that the said clerk of the hanaper shall make a true and just account thereof, like as he is bound to do of the money received of the profits of the king's great seal; and if composition or agreement be had or made for the said first fruits, afore any other person or persons to be deputed by the king's highness, his heirs or successors, by commission under his great seal, that then the writings obligatory, and money taken for the same, shall be delivered to the treasurer of the king's most honorable chamber, for the time being, or elsewhere to whom it shall please the king's highness, his heirs or successors, to give authority by commission under the great seal, to receive the same.
IV. And it is also ordained and enacted by authority aforesaid, acquittance
that every writing of acquittance subscribed by the hand and name
of the clerk of the hanaper, and treasurer of the chamber, or other for the first commissioners aforesaid, or any of them, witnessing the receipt of fruits.
the said first fruits or any part thereof, shall be as good and effectual against the king's highness, his heirs and successors, to every person and persons having the same, for so much money as shall be mentioned to be received and contained in every such acquittance, as if such acquittance were or had been lawfully had and obtained in the
king's name, under the king's great seal, and so shall be admitted, An obliga- accepted, allowed and taken in every of the king's courts; and that first fruithe all writings obligatory to be taken for payment of the said first shall be of fruits, by and afore the said lord chancellor, or master of the rolls, strength that or by and afore any other person or persons to be deputed to a statute of compound and agree for the said first fruits, as is aforesaid, shall be the staple is.
of the same strength, force, virtue, quality and effect, to all intents and purposes, as writings obligatory heretofore made by any lay person by authority of the statute of the staple been; and that upon certificate hereafter to be made into the king's chancery, of any such writings obligatory to be taken for payment of such first fruits, like process and execution shall be thereupon made and had against any person spiritual and temporal, as hath been accustomed to be made against any lay person, upon certificate of writings obligatory of the said statute of the staple; and that no person shall be compelled to pay for any writing obligatory to be made for the said payment of the said first fruits, above eight-pence nor for any acquittance to be made for receipt of such first fruits, above four-pence, and that such person and persons as shall be deputed by the king's highness, by commission under the great seal, to compound and agree for the said first fruits, shall, at the end of every six months next after the date of their commission, and so from six months to six months, deliver or cause to be delivered, unto the treasurer of the chamber for the time being, or elsewhere to such commissioners as shall be
appointed as is aforesaid, to receive the same, as well all such money, as all such specialties and bonds as they shall have taken for the payment of the said first fruits, by indenture to be made between them and the said treasurer, or other commissioners as is aforesaid, containing the certainty and number of the sums of money and specialties, and bonds by them taken and received; and if any The penalty person or persons to whom any deputation shall be made by com- siovers conmission, to compound and agree for the payment of the said first calingtonds fruits, their heirs, executors or administrators, conceal or embezzle payment of any of the said specialties or bonds taken for the sure payment of first fruits. the said first fruits, and do not deliver them according to the tenor of this act, that then every such offender shall forfeit that office of deputation, and over that make fine and ransom at the king's own pleasure and will.
V. And it is also enacted by authority aforesaid, that if any person Whoso enor persons, which at any time after the said first day of January his spiritual shall be nominated, elected, prefected, presented, collated, or by any living before other means appointed to any of the dignities, offices, benefices or shall forf-it other promotions spiritual before mentioned, do enter into the actual double thic and real possessions thereof, or meddle with the profits thereof, first truits. before they shall have truly satisfied and paid to the king's use, the first fruits and profits thereof, for one year, or else shall have agreed or compounded for payment of the same at reasonable days upon good suretics, in manner and form as by this act is above specified, that then every such person and persons so doing and offending, and being thereof convict by presentment, verdict, confession or witness before the said lord chancellor, or such other as shall have authority by commission to compound for the said first fruits and profits as is aforesaid, shall be accepted and taken an intruder upon the king's possession ; and that they, their executors or administrators, shall pay to the use of the king's highness, for every such offence, so much sums of money as shall amount to the double value of the said first fruits and profits of such dignities, benefices or other spiritual promotions wherein they shall so enter and intrude before the payment of the said first fruits and profits for one year thereof, or before due agreement made for the same, in manner and form as is abore rehearsed.
VI. And be it further enacted by authority aforesaid, that the All firstfruits first fruits of benefices heretofore accustomed to be paid to the power peto bishop of Norwich, within his diocese, and to the archdeacon of sons shall Richmond, within his archdeaconry, or to any other person or persons paid to the within this realm, or any other the king's dominions, shall from the king: said first day of January cease, and be extinct, and no longer be paid, but only to the king's highness, his heirs and successors, in such form as is above mentioned in this act.
VII. Provided always, that archbishops and bishops, and all other The bishops having jurisdiction ordinary, may give and deliver letters of institu- may give in, tion and induction, as they might do before the making of this act, induction. without any offence of any article contained in this act; any thing in this act contained to the contrary thereof notwithstanding.
VIII. Provided also, that where there be divers cells appertaining Priors reto monasteries and priories, and that the priors of such cells be movableshall
See 32 H. 8, c. 47, s. 3.