1535. of monasteries, goods, chattels, and debts, which appertained or belonged to any of the chief governors of the said monasteries, or religious houses, in the right of their said monasteries or houses, at the first day of March, in the year of our Lord God chattels, debts 1535, or any time sithen whensoever, and to whose possession soever they shall come, or be found, except only such beasts, grain, and woods, and such other King. like chattel and revenues as have been sold before the said first day of March, or sithen, for the necessary or reasonable expenses or charges of any of the said monasteries or houses. Provided always, That such of the said chief governors which have been elect, or made abbots, priors, abbesses, or prioresses of any of the said religious houses sithen the first day of January, which was in the year of our Lord God 1534, and by reason thereof be bounden to pay the first-fruits to the King's highness, at days to come, limited by their bonds made for the same, that in every such case such chief governors, and their sureties, or any of them, shall be clearly discharged by authority of this act, against the King's highness, and all other persons, for the payment of such sums of money as they stand bounden to pay for the said first-fruits, or for any part thereof. And forasmuch as the clear yearly value of all the said monasteries, priories, and other religious houses in this realm, is certified into the King's exchequer, amongst the books of the yearly valuation of all the spiritual possessions of this realm, amongst which shall and may appear the certainty and number of such small and little religious houses, as have not in lands, tenements, rents, tithes, portions, and other hereditaments, above the said clear yearly value of two hundred pounds. ap 6. Be it therefore enacted by authority aforesaid, That the King's highness shall have and enjoy according to this act, the actual and real possession of all and singular such monasteries, priories, and other religious houses, as shall pear by the said certificate remaining in the King's exchequer, not to have in lands, tenements, rents, tithes, portions, and other hereditaments, above the said clear yearly value of two hundred pounds, so that his highness may lawfully give, grant, and dispose them, or any of them, at his will and pleasure, to the honour of God, and the wealth of this realm, without further inquisitions or offices to be had or found for the same. In consideration of which premises to be had to his highness, and to his heirs, as is aforesaid, his majesty is pleased and contented, of his most excellent charity, to provide to every chief head and governor of every such religious house, during their lives, such yearly pensions and benefices as for their degrees and qualities shall be reasonable and convenient, wherein his highness will have most tender respect to such of the said chief governors as well and truly preserve and keep the goods and ornaments of their houses, to the use of his grace, without spoil, waste, or embezzling the same; and also his majesty will ordain and provide, that the covents of every such religious house shall have their capacities, if they will, to live honestly and virtuously abroad, and some convenient charity disposed to them towards their living, or else shall be committed to such honourable great monasteries of this realm wherein good religion is observed, as shall be limited by his highness, there to live religiously during their lives; and it is ordained by the authority aforesaid, that the chief governors and covents of such honourable great monasteries shall take and accept into their houses, from time to time, such number of the persons of the said covents as shall be assigned and appointed by the King's highness, and keep them religiously, during their lives, within their said monasteries, in like manner and form as the covents of such great monasteries be ordered and kept. given to the Provided always, that all archbishops, bishops, and other persons which be or shall be chargeable to and for the collection of the tenths granted, and going out of the spiritual possessions of this realm, shall be discharged and acquitted of and for such parts and portions of the said tenths wherewith the said houses of religion, suppressed and dissolved by this act, were charged or chargeable to the King's highness, except of such sums of money thereof, as they, or any of them have or shall have received for the said tenths, of the chief governors of VOL. III. с The King shall have the actual possession of the abbey lands. 1535. A proviso for the cells of other monasteries being under obedience. of such religious houses. Provided also that where the clergy of the province of Canterbury stood, and be indebted to the King's highness in great sums of money, remaining yet unpaid, of the rest of a hundred thousand pounds granted and given to his Grace in their convocation, towards the payment whereof the said religious houses should have been contributory if they had not been suppressed by this act; and also some of the governors of the said religious houses have been collectors for levying of the said debt, and have received thereof great sums of money yet remaining in their hands, the King's most Royal Majesty is pleased and contented to deduct, abate, release, and defalk to the said clergy, of the said rest yet unpaid, as well such sums of money as any of the chief governors of such religious houses hath received, and not paid, as so much money as every of the said religious houses, suppressed by this act, were rated and taxed to pay in any one year, to and for the payment of the said hundred thousand pounds; and also the King's Majesty is pleased and contented that it be enacted by authority aforesaid, that his highness shall satisfy, content, and pay all and singular such just and true debts which have been owing to any person or persons by the chief governors of any the said religious houses, in as large and ample manner as the said chief governors should or ought to have done if this act had never been made. Provided always, that the King's Highness, at any time after the making of this act, may, at his pleasure, ordain and declare, by his letters-patent under his great seal, that such of the said religious houses which his highness shall not be disposed to have suppressed nor dissolved by authority of this act, shall still continue, remain, and be in the same body corporate, and in the said essential estate, quality, and condition, as well in possessions as otherwise, as they were before the making of this act, without any suppression or dissolution thereof, or of any part of the same, by the authority of this act; and that every such ordinance and declaration so to be made by the King's Highness, shall be good and effectual to the chief governors of such religious houses which his Majesty will not have suppressed, and to their successors, according to the tenors and purports of the letters-patent thereof to be made, any thing or things contained in this act to the contrary hereof notwithstanding. Provided also, that where the clergy of the province of York stood, and be indebted to the King's Highness in great sums of money yet unpaid, of the rest of such sums of money which was granted by them to his Majesty in their convocation, towards the payment whereof the religious houses that shall be suppressed and dissolved by this act, being within the same province, should have been contributory if they had not been dissolved; and also some of the governors of the said religious houses within the said province, that shall be suppressed by this act, have been collectors for levying of part of the said sums of money granted to the King's Highness, as is aforesaid, and have certain sums thereof in their hands yet unpaid, the King's Majesty is pleased and contented to deduct, abate, release, and defalk to the said clergy of the said province of York, of the rest of their said debt yet unpaid, as well such of the said sums of money as (by) any chief governors of any religious houses within the same province that shall be suppressed by this act, has been collected, and not paid, as so much money as every of the said religious houses suppressed by this act, were rated and taxed to pay in any one year, towards the payment of the said sums of money granted to the King's Highness. 7. Provided always that this act, or any thing or things therein contained, shall not extend nor be prejudicial to any abbots or priors of any monasteries or priories being certified into the King's Exchequer to have in possessions and profits spiritual and temporal, above the clear yearly value of two hundred pounds, for or concerning such cells of religious houses appertaining or belonging to their monasteries or priories, in which cells the priors, or other chief governors thereof, be under the obedience of the abbots or priors to whom such cells belong, as the monks or canons of the convent of their monasteries or priories, and cannot sue, nor be sued, by the laws of this realm, in or by their own proper names, for the possession, or other things appertaining to such cells whereof they be priors or governors, but must sue and be sued in and and by the names of the abbots or priors to whom they be obediencers, and to whom such cells belong; and also be priors or governors dative and removable from time to time, and accountants of the profits of such cells, at the only pleasure and will of the abbots or priors to whom such cells belong; but that every such cell shall be and remain undissolved in the same estate, quality, and condition, as if this act had never been made; any thing in this act to the contrary hereof notwithstanding. 1535. 8. Saving always, and reserving unto every person and persons, being found- The right of ers, patrons, or donors of any abbeys, priories, or other religious houses, that founders and shall be suppressed by this act, their heirs and successors, all such right, title, patrons saved. interest, possession, rents, annuities, fees, offices, leases, commons, and all other profits whatsoever which any of them have, or should have had, without fraud or covin, by any manner of means otherwise than by reason or occasion of the dissolution of the said abbeys, priories, or other religious houses in, to, or upon any the said abbeys, priories, or other religious houses whereof they be founders, patrons, or donors, or in, to, or upon any the lands, tenements, or other hereditaments appertaining or belonging to the same, in like manner, form, and condition as other persons and bodies politic be saved by this act, as is before rehearsed, and as if the said abbeys, priories, or other religious houses, had not been suppressed and dissolved by this act, but had continued still in their essential bodies and estates as they be now in any thing in this act to the contrary hereof notwithstanding. Hospitality and husbandry shall be kept upon the site of the houses sup 9. And be it further enacted, ordained, and established, by authority aforesaid, that all and singular persons, bodies politic and corporate, to whom the King's Majesty, his heirs, and successors, hereafter shall give, grant, let, or demise any site or precinct, with the houses thereupon built, together with the demesnes of any monastery, priories, or other religious houses, that shall be pressed. dissolved or given to the King's Highness by this act, and the heirs, successors, executors, and assigns of every such person, body politic and corporate, shall be bound by authority of this act, under the penalties hereafter ensuing, to keep, or cause to be kept, an honest continual house and household in the same site or precinct, and to occupy yearly as much of the same demesnes in ploughing and tillage of husbandry; that is to say, as much of the said demesnes which have been commonly used to be kept in tillage by the governors, abbots, or priors of the same houses, monasteries, or priories, or by their farmer or farmers occupying the same within the time of thirty years next before this act. 10. And if any person or persons, bodies politic or corporate, that shall be bounden by this act, do not keep an honest household of husbandry and tillage, in manner and form as is aforesaid, that then he or they so offending, shall forfeit to the King's Highness, for every month so offending, six pounds thirteen shillings and four-pence, to be recovered to his use in any of his Courts of Record. Peace shall in 11. And over that it is enacted by authority aforesaid, that all justices of Justices of peace in every shire where any such offence shall be committed or done, contrary to the true meaning and intent of this present act, shall in every quarter quire of and punish offendand general sessions within the limits of their commission, inquire of the pre- ers. mises, and shall have full power and authority to hear and determine the same, and to tax and assess no less fine for every of the said offences, than is before limited for the same offences, and the estreats thereof to be made and certified into the King's Exchequer, according and at such time and form as other estreats of fines, issues, and amerciaments have been made by the same justices. Fo 28 H. 8. c. 11. 1 Gw. $2. NORASMUCH as in the statute (1) of the payment unto the King's Majesty, his heirs, and successors, of the first-fruits of spiritual promotions, offices, benefices, and dignities within this realm, and other the King's dominions, 1536. The time from which first-fruits are due to the King. Fruits taken during the vacation of a benefice, shall be restored to his next incumbent. The forfeiture of bent. express mention and declaration is not had, ne from what time the year shall be accounted, in which the first-fruits shall be due and payable to his highness, that is to wit, whether immediately from the death, resignation, or deprivation of every incumbent, or from the time of admission or new taking of possession in every promotion. 2. And also by reason that in the same statute it is not declared who shall have the fruits, tithes, and other profits of the said benefices, offices, promotions, and dignities spiritual, during the time of vacation thereof, divers of the archbishops and bishops of this realm have not only, when the time of perceiving and taking of tithes (that is to say wool, lamb, corn, and hay, and tithes usually paid at the holy time of Easter) hath approached, deferred the collation of such benefices as have been of their own patronage, but also have, upon presentations of clerks made unto them by the just patrons, protracted and deferred to institute, induct, and admit the same clerks, to the intent that they might have and perceive to their own use the same tithes growing, during the vacation; so that through such delays (over and above the firstfruits, which be justly due to the King's Highness) they have been constrained also to lose all or the most part of one year's profits of their benefices and promotions, and to serve the cure at their and their friends proper costs and charges, or utterly to forsake and give over their benefices and promotions, to their great loss and hinderance: 3. For reformation whereof, be it ordained and enacted by the King our Sovereign Lord, with the assent of the lords spiritual and temporal, and the commons, in this present parliament assembled, and by the authority of the same, that the said year, in which the first-fruits shall be paid to the King's Grace, shall begin and be accounted immediately after the avoidance or vacation of any such benefice or promotions spiritual afore rehearsed; and that the tithes, fruits, oblations, obventions, emoluments, commodities, advantages, rents, and all other whatsoever revenues, casualties, or profits, certain and uncertain, affering or belonging to any archdeaconry, deanery, prebend, parsonage, vicarage, hospital, wardenship, provostship, or other spiritual promotion, benefice, dignity, or office (chantries only except) within this realm, or other the King's dominions, growing, rising, or coming, during the time of vacation of the same promotion spiritual, shall belong and affer to such person as shall be thereunto next presented, promoted, instituted, inducted, or admitted, and to, his executors, towards the payment of the first-fruits to the King's Highness, his heirs, and successors; any usage, custom, liberty, privilege, or prescription; to the contrary had, used, or being, in any wise notwithstanding. 4. And it is also enacted by the authority aforesaid, that if any archbishop, bishop, archdeacon, ordinary, or any other person or persons to their uses and behoof, at any time heretofore sith the first day of May last past, have perceived, received, or taken, or at any time hereafter do perceive, receive, or take the fruits, tithes, obventions, oblations, emoluments, commodities, revenues,, rents, advantages, profits, or casualties, coming, growing, or belonging, or which hereafter shall come, grow, affer, or belong, to any archdeaconry, the next incum- deanery, prebend, parsonage, vicarage, hospital, wardenship, provostship, or other spiritual promotion, benefice, dignity, or office (chantries only excepted) within this realm, or other the King's dominions, during the vacation of such archdeaconry, deanery, prebend, parsonage, vicarage, hospital, wardenship, provostship, or other spiritual promotion, benefice, dignity, or office (chantries only excepted) and the same, upon reasonable request from henceforth to be made, do not render, restore, satisfy, content, and pay to the next incum-, bent, being lawfully instituted, inducted, or admitted to such archdeaconry, deanery, prebend, parsonage, or vicarage, or other promotion, benefice, dignity, or office spiritual, except before excepted, or do let or interrupt the said incumbent to have the same; that then every archbishop, bishop, archdeacon, ordinary, or other person so doing, shall forfeit and lose the treble value of so much as he shall then have received of the fruits of every prebend, parsonage, vicarage, hospital, wardenship, provostship, or other spiritual promotion, whereof he so shall perceive, receive, or detain, let or interrupt the incumbent to to perceive, receive, and have the fruits, tithes, obventions, oblations, emoluments, commodities, revenues, rents, advantages, profits, or casualties; the moiety of which forfeiture shall be to the King our Sovereign Lord, and the other moiety thereof to the incumbent of the same prebend, parsonage, or vicarage, or other spiritual promotion, to be recovered in any of the King's courts, by action, bill, plaint, information, or otherwise, in which action or suit the defendant shall not be admitted to wage his law, nor any protection or essoin shall be unto the defendant allowed. 1536. benefice the or dinary may re 5. Provided always, that it shall be lawful to every archbishop, bishop, arch- What part of deacon, and ordinary, their officers and ministers, to retain in his or their cus- the fruits of a tody so much of the tithes, fruits, obventions, oblations, emoluments, commodities, advantages, rents, revenues, casualties, and profits, as shall amount to tain in his pay unto such person or persons as have or shall serve or keep the cure of such hands, and for archdeaconry, deanery, prebend, parsonage, or vicarage, or other spiritual pro- what causes. motion, during the vacation, his or their reasonable stipend or salary; and also for the collection, gathering, and levying of such tithes, fruits, emoluments, rents, and other profits rising and growing during the vacation aforesaid: any thing in this act contained to the contrary in any wise notwithstanding. 6. Provided also, and be it further enacted by the authority aforesaid, that Incumbents in case any of the incumbents aforesaid happen to die, and before his death have may declare caused any of his glebe lands to be manured and sown at his proper costs and their wills of charges with any corn or grain; that then in that case, all and every of the any corn sown by them upon same incumbents may make and declare their testaments of all the profits of their glebe the corn growing upon the said glebe lands so manured and sown: any thing lands. contained in this present act in any wise notwithstanding. 7. (1) And where also before this time divers and many parsons, vicars, and other spiritual persons, being seised, for term of their lives, of and in the said spiritual promotions aforenamed, as well for great sums of money to them beforehand paid, as for other causes and considerations, have let in ferm for term of years, by sufficient writings, their said parsonages, vicarages, and other spiritual promotions, or part thereof, unto divers and many of the King's subjects; and after such leases by them so made, the lessors thereof have oftentimes used to resign their said benefices or spiritual promotions so demised and letten in ferm; by reason of which resignation, and other acts of the said lessors, the said benefices, and other spiritual promotions have been void, and the title and interests of the said leases have been thereby annihilated, and of none effect in the law, contrary to right and good conscience: for reformation whereof, and for a quietness the better hereafter to be had and continued between the King's subjects, be it enacted by authority of this present parliament, that from the If a spiritual foresaid first day of May last past, no manner of such lease, by sufficient writ- person deing heretofore made, nor hereafter to be made, by any spiritual person within mise his benethis realm of England, Wales, or the marches of the same, to any lay person, and after fice for years, of any parsonage, vicarage, or other spiritual promotion aforesaid, within this resign or die, realm, upon which lease the rent and services reserved, with other the yearly how long the charges of the lease, as in serving the cure and otherwise, shall amount, within lessee may enforty shillings by the year, of as much as the said parsonage, vicarage, or other joy it. spiritual promotion aforesaid, so letten, is rated and valued at upon the King's books, for paying the first-fruits, shall be adjudged void, annihilated or determined, by reason of any such resignation, or other avoidance of the said benefice or spiritual promotion, so letten by the only act of the said lessor; but that every such lessee or grantee of any such benefices or spiritual promotions aforesaid, their executors or assigns, shall have and enjoy their terms and interests of and in the same, for the term of six years, to be accounted next and immediately after the said avoidance, if the said lessor do so long live, and the lease so by him before made, do so long continue and endure; and that after such avoidance, the successor or successors of every such lessor shall and may distrain for the rent and services so reserved, and have their actions of debt, and all other advantages by way of action, entry, or otherwise, against the said (1) The 7th, 8th, and 9th clauses of this act are repealed by 1 and 2 Ph. and M. c. 17. lessee, |