Page:Ruffhead - The Statutes at Large - vol 3.djvu/438

390 C. 9. Anno vic^'Hino nono Caroli II. A. D. 16-6, SuccefTprs, and tlve fan=.e rnall for ever hereafter be taken, received and enjoyed by the faid Vicars and Cu- rates, and their- Siiccefiors, as wejl during the Continuance of the Term or Eftate upon which the faid Remedy for the AugmenfationSj were :i?iUed, referved or agreed to be made nayable, as afterwards; (3) and the faid Vi. fame. cars and Curates ftiail Ivave Reiricdy for the ianie, either by Diifrefs upon the Reftories impropriate, or Por- tions of Tithes charged therewith, or by Adtion of Debt againll: that Pcrfon who ought to have paid the fame,' his Executors or Adminiilrators ; any Disability in the Perfon or Perfon^, Bodies Politick or Corpo- rate fo granting, or any Dii'ability or Incapacity in the Vicars or Curates, to v.'hom, cr to or for whofe Ufa Maftna Gharta, or Benclfit,., the fane are granted or intended to h: granted ; the Statute of Mortmain, or any other Law, <:■ 36' Cuiloni, or other Matter or Thing whatfoever, to the contrary notwithftanding. Ai)f.iVemations HI. Provided always. That no future Augmentation be confirmed by Virtue of this A£l, which (ball exceeding one exceed, one Moiety of the clear yearly Value, above all Reprizes, of the Redfory impropriate out of the VaTuerflh" ■^'*^^h the fame ihall be granted or ref.rved. Rectory not" -iV. Aud to the End the faid Vicars and Curates may the better make appear the Certainty of the fait} coi.firiiied. Augmentations; (2) Be it enabled by the Authority aforefaid. That every Archbifliop, Bifhop, Dean and Chapter refpeilively, on or before the nine and twentieth Day ot September next coining, fhall caufe every Leafe or Grant whereon any fuch Auginentation is made, to be fairly entrcd in a Book of Parchment, to Au;;mentation. be kept by their reipeclive Regifters for that Purpofe. (3) And every Dean, Archdeacon, Prebendary, Leafes, where or Other Eccleiiaftical Perfon refptctively, fhall caufe every Leafe or Giant whereon any fuch Augmentation to bcenired. hath been made by himfelf, his Predeceffor or Predeceffors, to be entrcd in the faid Book, to be' kept by the Fee forEntrmg. Regifter of the Bifliop of the Diocefe; for the entring whereof no Fee flrall be paid, nor any Thing de- manded, fave only a reafon able Reward, to the Clerk for entring the fame, not exceeding five Shillings; Such Entry how (4) which faid Entry being examined by the refpeiStive Archbiihop, Bifhop or Dean, and by them refpec- tii beaifjf.cd, to tiveiy attefled in the faid Book to be a true Copy of the original Leafe or Grant, and that the Augmenta- Evid^nTe'"a't°" tion in the fame was intended for fuch Ufe, Ihall be as a Record ; a true Copy whereof, proved by Wit- Law." '^ neiles to be a true Copy, fhall be deemed, taken, adjudged and expounded to be good and fuiRcicnt Evi- dence in the Lav/, whereupon the faid Vicars and Curates refpedively fhall and may by Virtue of this A6i? from Tinie to Time recover the Benefit of fuch Augmentation. Agreement.^ for , V. .And be it further enacted by the Authority aforeiaid. That where any Archbifhop, Bifliop, Deanf Augmentaw'"'): and Chbipter, or any other Ecclefiaitical Corporation or Perfon whatfoever, upon the Renevi-ing or Granting likdwJe!'^- any Leafe or Elbte, have made gny Agreement for an Augmentation for the Vicar or Curate, and fuch Augmentation hath for any Tims been accordingly paid, although the faid Agreement is not expreffed or m.entioned in the faid Leafe or Grrait, every I'uch Ecclefiaflical Perfon fliall caufe the Subfirance of fuch A- greement to be entred in the faid 'Book, to remain for a Memorial of it to Perpetuity. VI. And be it furtlier enacted. That fuch Augmentation fo entred fhall likewife continue, and be for ever hereafter good and available in the Law, for the Benefit of the Vicar or Curate for whom it was intended, and their SucceiTors, as well againft the Archbiflrop, Bifliop or other Ecclefiaftical Corporation or Perfon,. Avho agreed for the fame, and his and their Succeflbrs, as againft every other Perfon enjoying the faid Rec- tories or Portions of Tithes intended to be charged therewith, in the fame Manner, and for which they' fhall have the fame Remedy, as they fhould or ought to have by Virtue of this Act, if the fame had been, mentioned ar.d rcierved in and by the Leafe.. charitable Uf^s, and made, or may be had for other charitable Ufes, upon the Statutes for charitable Ufes. New Leafes VIII. Provided always, and be it further enafted by the Authority aforefaid, That if upon the Surren-' c"-'"n-n'ce'^cf ^^^ Expiration or other Determination of any Leafe_ wherein any fuch Augmentation as aforefaid hath- ti°e"Au'-mcnia- i'^^^'i or fliall be granted, any nev.' Leafe of the Premifles or any Part thereof O.iall hereafter be made, with- tioiis lo^bevcid. out exprefs Continuance of the fliid Augmentation, every luch new Leafe fliall be utterly void to all In- tents and Purpoies. A Leafe of the |X. Provided always, That this Aft, or any i hing therein contained, fhall not extend or be conftrued- Far.onage ot ^^ invalidate, alter or make void one Leafe, br -ring Date the iiineteenrh of October one thoufand fix hun- dred feventy and fix, made by the Deaii and Chapter o^ York, of the Parfbnage and Tithes of Stourioii ' the County of Nottingham, wherein there is n.n Augmentation of fix and thirty Pounds per Jnmwi refeived' and made due and payable to the Vicar of Stourton aforefaid, but that the faid Sum of fix and thirty Pounds' be always paid to the Vicar and his Succeflbrs accordingly ; any Thing in this AiSt contained to the con-' trary in any wife notwithftanding. A Leafe of St. X. Provided, That this Aft, or any Thing therein contained, fhall not extend or be condrued to inva- Evall in Corn- lidr.te, alter or make void one Leafe lately made by the Dean and Chapter of Exon, unto Arthur Sprev Efq; v.ii laved. pf fj^g Tithe-flieaf of the Parifh of St. Ei'iiM in the County of Corn-Mai, whereon there is an Augm.enta- tion of twenty Pounds per Ar.nuui already made due and payable to the Vicar of the laid Parifn during the faid Leafe, but that the faid Sura of twenty Pounds be always paid to the Vicar and his SucceiTors accor- dingly ; any Thing in this Aft contained to the contrary in any v.'ife notwithftanding. CAP. IX. An Aft for. taking away the Writ De H^sretico comhurendo. IjE it enr.fted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords ji Spiritual and 'I'emporal, and Commons, in this prefent Parliament afli^mbled, and by the Authority of the fame. That the Wiit commonly called Breve clc Harctico comburcndo, with all Procefs and Proceed- ings thereupon, in order to the Executing fuch Writ, or following or depending thereupon, and all Punhh- . jnent by Death, in Purfuance of any Ecclefiaftical Cenfures, be from henceforth utterly taken away and^ abolifhed J