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fruits.

tenth ot all

pay no first named, and removable from time to time, at the only wills and

pleasures of their masters and sovereigns of the monasteries and priories whereunto such cells belong; that the priors of such cells shall not be compelled to pay any first fruits by virtue or authority of this act; any thing in this act contained to the contrary thereof notwithstanding; but that the first fruits and profits of every such cell shall be paid to the king's highness, his heirs and successors, whensoever and as often as any person shall be nominated, elected, prefected or collated to the monastery or priory whereunto such cells

belong. A yearly IX. And over this be it enacted by the authority aforesaid, that spiritual liv- the king's majesty, his heirs and successors, kings of this realm, for ings given to the king.

more augmentation and maintenance of the royal estate of his imperial crown and dignity of supreme head of the church of England, shall yearly have, take, enjoy and receive, united and knit to his imperial crown for ever, one yearly rent or pension, amounting to the value of the tenth part of all the revenues, rents, farms, tithes, offerings, emoluments, and of all other profits, as well called spiritual as temporal, now appertaining or belonging, or that here. after shall belong to any archbishopric, bishopric, abbacy, monastery, priory, archdeaconry, deanery, hospital, college, house collegiate, prebend, cathedral church, collegiate church, conventual church, parsonage, vicarage, chantry, free chapel, or other benefice or pro

motion spiritual, of what name, nature or quality soever they be, The tenth within any diocese of this realm, or in Wales; the said pension or meris paid annual rent to be yearly paid for ever to our said sovereign lord, to

his heirs and successors, kings of this realm, at the feast of the nativity of our Lord God, and the first payment thereof to begin at the feast of the nativity of our Lord God, which shall be in the year of our Lord God one thousand five hundred and thirty-five: and to be paid yearly by such as shall be appointed to have the collection thereof by this act, in such manner and form as shall hereafter be limited by this act, before the first day of April ycarly

next following after the said feast of the nativity of our Lord. Commissions X. And it is ordained and enacted by authority aforesaid, that awarded into the said yearly rent and pension shall be taxed, rated, levied, perevery diocese ceived and paid to the king's use, his heirs and successors, in manner the value of and form hereafter to be declared by this act; that is to say, that every spirit- the chancellor of England for the time being shall have power and ual authority to direct into every diocese in this realm, and in Wales

, several commissions in the king's name, under his great seal, as well to the archbishop or bishop of every such diocese, as to such other person or persons as the king's highness shall name and appoint, commanding and authorizing the said commissioners so to be named in every such commission, or three of them at the least, to examine, search and inquire by all the ways and means that they can by their discretions, of and for the true and just whole and entire yearly values of all the manors, lands, tenements, hereditaments, rents

, tithes, offerings, emoluments and all other profits, as well spiritual as temporal, appertaining or belonging to any archbishopric, bishopric, abbacy, monastery, priory, archdeaconry, deanery, hospital, college, house collegiate, prebend, cathedral church, collegiate church, con

differently to

rentual church, parsonage, vicarage, chantry, free chapel, or to any other benefice or promotion spiritual within the limits of their commission, with a clause to be contained in every such commission, Deductions that the said commissioners, or three of them at the least, shall falked out of deduct and allow in the making and rating of the said yearly values spiritual liv

ings. of the premises these deductions following, and none other; that is to say, the rents resolute to the chief lords, and all other annual and perpetual rents and charges, which any spiritual person or persons been bounden yearly to pay to any person or persons, to their heirs and successors for ever, or to give yearly in alms, by reason of any foundation or ordinance, and all fees for stewards, receivers, bailiffs and auditors, and synods and proxies, with another clause to be also contained in every such commission, that the said commissioners, or three of them at the least, shall certify under their seals, at such days as shall be limited by the said commissions, as well the whole and entire value, as the deductions aforesaid, of every archbishopric, bishopric, abbacy, monastery, priory, archdeaconry, deanery, hospital, college, house collegiate, prebend, cathedral church, collegiate church, conventual church, parsonage, vicarage, chantry, free chapel, and of all other benefits and promotions spiritual.

XI. And it is ordained and enacted by authority aforesaid, that The commis. the said commissioners that shall be so appointed, or three of them be sworn inat the least, shall have full power and authority to do, accomplish

execute their and execute the effects and contents of their said commissions in commissions. every behalf; and that every the said commissioners, before they shall execute their said commission, shall receive and take a corporal oath before the lord chancellor, or before such other as shall be appointed by the said chancellor by the king's writ of dedimus potestatem, that they shall diligently and truly, without favor, affection, fraud, covin, meed, dread or corruption, do, fulfil and execute the whole effects and contents expressed in every such commission within the limits thereof, to their cunning, wits, and uttermost of

XII. And it is ordained and enacted by authority aforesaid, that after such certificate made by the said commissioners, the said yearly rent and pension of the tenth part shall be set, taxed, rated and taken justly and truly and indifferently by the treasurer, chancellor, chamberlain and barons of the king's exchequer, of and out of the clear yearly value of the premises, that shall be above the deductions afore mentioned, and none otherwise ; and that every archbishopric, Every spiritbishopric, abbacy, monastery, priory, archdeaconry, deanery, hospital, shall be college, house collegiate, prebend, cathedral church, collegiate church, charged for conventual church, parsonage, vicarage, chantry, free chapel, or other the diocese benefice or promotion spiritual, shall be severally and distinctly taxed, where they charged and chargeable, in the proper diocese where they been, for their possesthe payment of such portion of the said tenth part, as shall be taxed sions lie in and set upon them by authority of this act; that is to say, every of ceses. them by and for themselves shall be taxed, charged and chargeable in the proper diocese where they been, for the tenth part of the yearly value of their possessions and profits to them belonging, wheresoever their said possessions and profits shall happen to be or lie in any part of this realm, or elsewhere in any of the king's dominions; and that

their powers.

the collec

tenths in
their dio-
ceses.
12 Co. 45.

lector to receive the tenths.

Process against a bi

all tenths within his diocese.

none of them shall be charged or chargeable for the payment of the

others charge or portion. Bishops shall

XIII. And it is also enacted by authority aforesaid, that after such be charged to

certificate made into the king's exchequer, and tax set of the tenth tion of their part, in form above remembered, every archbishop and bishop now

being, and that hereafter shall be, shall be charged and chargeable

to levy, collect and receive, within their proper diocese, as well in 32 11.8, c. 17. places exempt as not exempt, all such sums of money wherewith 30 11.8, c.13. the dignities, benefices and other promotions spiritual afore men27 11.8.c.28. tioned within their diocese, chargeable by this act, shall be set, taxed tie king is to and charged towards the payment of the said yearly pension, and appoint a col- shall pay and content the said sums of money yearly, before the

said first day of April, to the treasurer of the king's chamber for the time being, or to any other person or persons whom it shall please the king's highness to appoint to receive the same ; and that every of the said archbishops and bishops, their executors and adminis. trators, and the possessions of their dignities and churches, shall stand charged and chargeable for the sure and true payment of such sums of money as they shall collect and receive of the said yearly rent and pension.

XIV. And that the treasurer, chancellor, chamberlain and barons shop for the of the king's exchequer, shall yearly cause process to be made by payment of

their discretions for non-payment of the said pension or yearly rent, or any parcel thereof, against every archbishop and bishop of this realm; that is to say, against every archbishop and bishop for 80 much part and portion of the said pension and yearly rent, wherewith the dignities, benefices and other promotions spiritual afore mentioned within his diocese shall be taxed and charged; so that every of the said archbishops and bishops shall be charged and chargeable for the rate and portion of the said yearly rent and pension set and taxed within his own peculiar diocese, and not otherwise.

XV. And be it also enacted by authority aforesaid, that every shop shall archbishop and bishop shall have power and authority to levy, take levy the

and perceive, by authority of the censures of the church, or by every spirit- distress or otherwise, by their discretion, all such sums of money as

shall be rated, taxed and set to go out of the lands, tenements, 32 11.8, c. 22. hereditaments, profits and emoluments of any dignity, office, bene

fice or other place or promotion spiritual within their diocese, towards the payment of the said yearly rent and pension; and that 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 and taxed unto by authority of this act, till such time as they have truly satisfied their said part and

portion to them allotted of the said yearly rent and pension. Who shall be XVI. And it is also enacted by authority aforesaid, that whensotime of vaca- ever and as often as any of the archbishoprics or bishoprics happen

to be void, that then the dean and chapter of the cathedral church, bishopric.

or the prior and convent, or chapter or convent of the monastery or cathedral church, where the sec of such archbishopric or bishopric being void shall happen to be, during the time of the vacation

By what means the bi

tenths of

ual promotion.

collectors in

tion of a

payment of

thereof, and their executors, administrators and possessions, shall be charged and chargeable to do and cause to be done all and every ching and things for the due execution of this act, within the diocese of such archbishopric or bishopric being void, as the same archbishop or bishop of the see, being void, should have done, according as it is limited and appointed by this act, or by any thing therein contained.

XVII. And it is ordained and enacted by authority aforesaid, that the penalty if any sum of money being once due by any incumbent of any

the digities, benefices or promotions spiritual afore specified, charged onths. to the payment of the said yearly pension and annual rent, be rea- Voor 511, pl. conably demanded and required any time after the said feast of the nativity of our Lord, at their dignities, monasteries, priories, hospitals

, colleges, churches, chantries or houses, by the archbishop or bishop, or such as shall be charged with the collection of any part of the said pension, or by any other their ministers, servants or officers, to pay such portion of the said pension, and yearly rent, as they shall be taxed and assessed unto, be not truly contented and paid unto such archbishop or bishop, or their ministers and officers, and to such other person or persons, or their ministers or servants, as shall have the charge of collection thereof every year yearly, at the time of such request and demand thereof, or else within forty days next after every such request at the furthest; that then every incumbent making such default of payment, after such default thereof certified into the king's exchequer in writing under the seals of any archbishop or bishop, or of such as be limited and charged to the collection of the said pension by this act, shall be adjudged deprived ipso facto of all such dignities, benefices, pensions and promotions spiritual, as any such incumbent, making such default, Altered by shall have at the time of such certificate to be made,

or at any time 24,3 Ed, 6, after; so that all such dignities, benefices, pensions and promotions Dyer 237. spiritual, which any incumbent, making such default of payment shall have at the time of any such certificate to be made, or at any time after, shall be clearly void and destitute of incumbent in the law, to all intents and purposes, as if such incumbent, making such default of payment, were dead indeed.

XVIII. And it is ordained and enacted by authority aforesaid, The bishop that if any archbishop or bishop, or any other, limited and charged tificate of any by this act to the collection and payment of the said pension and inenment

omitting to annual rent, do make a certificate unto the king's exchequer before the said first day of April, or at any time within four and twenty days next after the said first day of April, that they according to charged this act have reasonably required and demanded any incumbent of any dignity, benefice or promotion spiritual, chargeable by this act, Savil 1,

Dyer 116. to pay such part or portion of the said pension and annual rent, as they shall happen to be assessed unto, and that such incumbent, so being required, hath not paid his said part and portion according to the form and effect of this act; that then every such archbishop and bishop, and every other person having the charge by this act for collection and payment of the said pension and annual rent, upon every such certificate, shall be discharged and acquitted for ever against the king, his heirs and successors, of and for all such sums

pay his

tenths, shall be dis

thereof.
7 Ed. 6. c. 4.

VOL. III.

1

be awarded

tenths.

shall be a

of money as any such incumbent, against whom such certificate shall Process shall be made, should or ought to have paid by this act; and that then in against the every such case the treasurer, chancellor, chamberlain and barons refusers to of the king's exchequer, shall devise and direct, upon every such

certificate, such process out of the king's exchequer against every such incumbent, against whom any such certificate shall be made, and their executors and administrators, or for insufficiency of them, against the successors of every such incumbent, whereby the king's highness, his heirs and successors, shall and may be truly answered, paid and contented of such portion and part, as the incumbent against whom any such certificate shall be made, was taxed and assessed for his dignities, benefices or promotion spiritual chargeable

by this act. Whose ac

XIX. And it is also ordained and enacted by authority aforesaid, quittances

that all manner of acquittances made by the treasurer of the king's discharge for chamber, or by any other such commissioners as shall be appointed of the tenths. as is aforesaid, to receive the said pension, or any part thereof, and

subscribed with the name of the said treasurer, or any other such commissioner, for the payment of the said pension or annual rent, or any part thereof, to any such person or persons as be limited and charged with the collection thereof, shall be of as good strength, force, virtue and effect to the parties having the same, as if they were made in the king's name, under his great seal, and so shall be allowed, admitted and accepted in all courts of this realm; and that the treasurer, chancellor, chamberlain and barons of the king's exchequer, shall, by virtue and authority of this act, as well admit and allow such acquittances, as all such certificates as shall be made against any incumbent for default of payment, as is above said, upon the account of every archbishop and bishop, and of every other person limited and charged by this act for the collection and payment of the said pension and annual rent, without any writ, bill or warrant,

to be sued in or for that behalf. Nothing XX. And that no manner of officer of the king's exchequer shall shall berita- take of any archbishop or bishop, or of any other person having exchequer of charge with the collection and payment of the said pension or annual his collector rent, any manner reward or thing for making their account or

quictus est in the same exchequer, or for any manner of thing appercount or quitaining to the same, concerning the said pension and annual rent

, upon pain of every officer, doing contrary to this act, to lose and forfeit his office, and make fine to the king at his will and pleasure.

XXI. And forasmuch as every incumbent of the dignities, benefices and promotions spiritual afore mentioned shall be charged by this act to the payment of the tenth part of the value of their dignities, benefices and promotion spiritual, without any deduction or allowance of such pension or pensions, wherewith some of them been

charged to pay to their predecessors during their lives, or to other They which persons to the use of such their predecessors during their lives: it py pensions is therefore ordained and enacted by authority aforesaid, that it shall ci their spi- be lawful to every incumbent charged with any such pension payable ritual living

to any his predecessors, or to any to his use, to retain and keep in his hand the tenth part of every such pension, and that

every incumbent and his sureties shall from henceforth be acquitted and

for his ac

etus est. Savil. 38.

11. retin the tenth

i thercof.

such

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