Page:Ruffhead - The Statutes at Large - vol 2.djvu/264

2 26 C. gi 10. Anno vicefimo feptiriio Henrici VIII. A, D. 1535. P^rfons as from the aforefaid firft Day of May fhrJ] be nominated, prefected, prefented, collated, or by any other Means appointed to have any of the laid Archbifhoprick, Bifhoprick, Abbacy, Monaftery, Priory,. College, Hofpital, Archdeaconry, Deanry, ProvofHhip, Prebend, Parfonage, Vicarage, Chauntery, Free Chapel, or other Dignity, Benefice, Office, or Promotion fpiritual, the tenth Part of the whole, as is* aforefaid, out of the fame Firft-Fruits for the Year wherein he or they fhall be firft nominated, prefected,. prefented, collated, or by any other Means appointed unto every of the fame, as is aforefaid, without any further Suit to be made to the King's Highneis, and without Impofition, Exaction or other Charge to be in any wife demanded or exacted of the Perfon or Perfons fo preferred, for the Allowance unto them of the faid Tenth, for the faid firft Year, in Form above exprefted ; any Thing or Things in the faid Act of the' Grant of the faid Tenth and Firft-Fruits to the contrary notwithftanding. He that hath HI, And it is alfo enacted by the Authority aforefaid, That all and every Perfon and Perfons, that upon his Tenth de- hj s or fheir Compofition and Agreement for the Firft-Fruits fhall be defalked and allowed the tenth Part of th^r (Tf? iif the whole Sum of his or their Dignities, Benefices, Offices or Promotions fpiritual, for the Year wherein fiJli pay "it to ' he or they fhall be firft nominated, prefected, prefented^ collated, or by any other Means appointed unto the King. any of the fame as is abovefaid fhall yield and pay the faid tenth Part unto the King's Majefty, his Heirs Lane 20. an d Succeflbrs, the faid firft Year, in like Manner and Form, and at fuch Day as is limited in the faid Act of the Grant of the faid Tenth and Firft-Fruits ; any Thing contained in this Act to the contrary not- withftanding. ■What Remedy IV. g e it further enacted by the Authority aforefaid, That in fuch Cafes where the Succefibr of any In- ' fie Sl ' cccfior cumbent fhall be chargeable to the Payment of fuch Sums of Money as fhall be due of and for the faid isc'oniKNedTo Tenth that fhall happen to be behind unpaid in the Time or Life of his Predecefibr, there every fuch Suc- P ay the Tenth ceffbr may lawfully diftrain fuch Goods and Chattels of his PredeCeflbr as fhall happen to be and remain, tor his Prede- in and upon the Dignity, Benefice or Promotion fpiritual, of the which the fame Tenth was behind and cefibr. unpaid in the Life or Time of his Predecefibr, (2) and to retain the fame Goods and Chattels till fuch. i "". ' Ur Y' ' 3 ' Time as the faid Predecefibr, if he be alive, and if he be dead, then his Executors or Adminiftrators, or 375 " V • {ich. ot j-, el - p y^hom his Goods or Chattels fhould, appertain, have fully fatisfied and paid fuch Sums of Mo- ney as fhall happen to be behind and unpaid of the faid Tenth ; (3) and in cafe the faid Predecefibr, his Executors, Adminiftrators, or fuch other to whom his Goods or Chattels fhould appertain, within twelve Days next after the Diftrefs thereof, do not fatisfy the faid Sums of Money, being behind of the faid Tenth as is aforefaid, that then for fuch Default of Payment, it fhall be lawful to every fuch Succefibr to caufe tha laid Goods and Chattels fo diftrained, to be praifed by two or three indifferent Perfons to be fworn for the fame ; (4) and according to the fame Appraifing, to fell fo much thereof as fhall amount as well to the full Satisfaction of the faid Sums of Money being behind and unpaid of the faid Tenth in the Life or Time., of his Predecefibr, as for the reafonable Cofts that fhall be fpent by the Occafion of diftraining and ap- praifing of the fame Goods and Chatties ; (5) and in cafe no fufficient Goods and Chattels may be found in or upon fuch Dignities, Benefices or Promotions fpiritual, for the Satisfaction of the faid Tenth, being behind unpaid, as is abovefaid, that then the Predecefibr by whom fuch Tenth was due to be paid, if he be alive, and if he be dead, then his Executors, Adminiftrators, and other to whom his Goods and Chat- tels fhall appertain or belong, fhall be compelled to the Payment of the faid 1 enth being behind and un- Rep. 2 & 3 Vb. paid, as is aforefaid, by Bill to be purfued in the King's Chancery by the Succefibr, that fhall be chargeable & M. c. 4. and f or ,-^g ( ame ^ or e if e by Action or Plaint of Debt to be taken or commenced by fuch Succefibr, by Order of reviral b * ' EL the Common Laws. c. 4. See-farther 32 H. 8. c. 22, fif 47. 34 B. 8. c. 17. 2 fif 3 Ed. 6. c. 20. 7 Ed. 6. c. 4. For farther Provijions concerning Tenths, fee 2 Ann. c. jj. 5 Ann, c. 24. 6 Ann. c. 27. I Geo. I. c. 10. and 3 Geo. I. c. ic CAP. IX. EXP. Butchers may fell Flefli during two Years, as they did before the making of the Statute of 24 H. 8. c. 3. and • 25 H. 8. c. 1. notwithftanding the fame Statutes. CAP. X. 1 £■ 3; c - " An Aft concerning Ufes and Wills. 1 Co. f. 123. ° aLeon.' 16.' ' X/ HERE by the common Laws of this Realm, Lands, Tenements and Hereditaments be not devi-. Lane 93. ' VV fable by Teftament, (2) nor ought to be transferred from one to another, but by folemn Livery How by the « and Seifni, Matter of Record, Writing fufficient made bona fide, without Covin or Fraud; (3) yet ne- Common Law t verthelefs divers and fundry Imaginations, fubtle Inventions and Practices have been ufed, whereby the be" transferred c Hereditaments of this Realm have been conveyed from one to another by fraudulent Feoffments, Fines, from one Perfon ' Recoveries and other Aflurances craftily made to fecret Ufes, Intents and Trufts; (4) and alfo by Wills to another. ', and Teftaments, fometime made by nudeparolx and Words, fometime by Signs and Tokens, and fome- 3 Bulftr. 185, « time by Writing, and for the moft Part made by fuch Perfons as be vifited with Sicknefs, in their extreme c^d'b it ' Agonies anc l Pains, or at fuch Time as they have fcantly had any good Memory or Remembrance; (?) at 1° j, 1 "' ' which Times they being provoked by greedy and covetous Perfons lying in wait about them, do many Several Incon- ' Times difpofe indifcreetly and unadvifedly their Lands and Inheritances ; (6) by reafon whereof, and by .veniencies enfu- * Occafion of which fraudulent Feoffments, Fines, Recoveries and other like Aflurances to Ufes, Confidences ing by Convey- ' anf j Trufts, divers and many Heirs have been unjuftly at fundry Times difherited, the Lords have loft U&s aiJnr'the ' t ' le ' r Wards, Marriages, Reliefs, Harriots, Efcheats, Aids pur fair fitz chivalier, & pur file marier, ('-) devifingthem by ' anc ' fcantly any Perfon can be certainly allured of any Lands by them purchafed, nor know furely againft ' Wilis, ' whom they fhall ufe their Actions or Executions for their Riehts, Titles and Duties ■„ (8) alfo men mar- ■' ' lied