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sentments or

to make.

king shall have thereof the presentments and collations, as he hath such preof other of his own advowry. And in case that the presentees of the elections as king, or the presentees of other patrons of holy church, or of their others ought advowees, or they to whom the king, or such patrons or advowees See 26 H. aforesaid, have given benefices pertaining to their presentments or c. 15. collations, be disturbed by such provisors, so that they may not have possession of such benefices by virtue of the presentments or collations to them made, or that they which be in possession of such benefices be impeached upon their said possessions by such provisors; then the said provisors, their procurators, executors, and notaries, shall be attached by their body, and brought in to answer; and if they be convict, they shall abide in prison without being let to mainprise or bail, or otherwise delivered, till that they have made fine and ransom to the king at his will, and gree to the party that shall feel himself grieved. And nevertheless before that they be delivered, they shall make full renunciation, and find sufficient surety that they shall not attempt such things in time to come, nor sue any process by them, nor by other, against any man in the court of Rome, nor in any part elsewhere, for any such imprisonments or renunciations, nor any other thing depending of them.

V. And in case that such provisors, procurators, executors, or Fitz. premunotaries be not found, that the exigent shall run against them by nire, 9, 12. due process, and that writs shall go forth to take their bodies in what parts they be found, as well at the king's suit, as at the suit of the party, and that in the mean time the king shall have the profits of such benefices so occupied by such provisors, except abbeys, priories, and other houses, which have colleges or covents, and in such houses the colleges and covents shall have the profits; saving always to our lord the king, and to all other lords, their old right. And this statute shall have place as well of reservations, collations, and provisions made and granted in times past against all them which have not yet obtained corporal possession of the benefices Rast. 465. granted to them by the same reservations, collations, and provisions, as against all other in time to come. And this statute oweth to Confirmed by 13 R. 2, st. 2, hold place and to begin at the said utas. c. 2 & 3.

13 R 2, st.1,

c. 1.

By 16 R. 2, c. 5, purchasing bulls or other instruments from Rome incurs premunire. And see 5 El. c. 1, and 13 El. c. 2, against maintaining the authority of the see of Rome, or bringing bulls, &c., from thence.

16 RICHARD 2, CAP. 5.-Premunire for purchasing bulls from Rome. The crown of England subject to none.—See Title—“ BULLS FROM ROME." vol. i. p. 351.

c. 3.

4 HENRY 4, CAP. 22.-The remedy where by the king's presentation any incumbent is put forth.-Whereas it is ordained by the statute 25 Ed. 3, st. 3, made the twenty-fifth year of king Edward, grandfather to our lord the king, that if the king make collation or presentment to any benefice in another's right, that the title whereupon he groundeth him should be well examined that it be true; and at what time, before judgment given, the title be found by good information untrue and unjust, the collation or presentment thereof made, shall be repealed and adnulled. And moreover, in a statute made after in the time of king Richard, it was ordained and established, that if 13 R. 2, st. 1, the king present to any benefice that is full of any incumbent, that the king's presentee shall not be received by the ordinary, till the 1 Mod. 279.

c. 1.

The penalty for presenting to a benefice, or for being presented for reward. Coke Entr. 516.

king hath recovered his presentment by process of the law in his own court; and if any presentee of the king be otherwise received, and the incumbent put out without due process, as afore is said, the same incumbent shall commence his suit within a year after the induction of the presentee: our lord the king considering the great mischief of the incumbent in this behalf, hath ordained and stablished, by the assent aforesaid, that if any such incumbent be put out of his benefice without due process in the manner aforesaid, that the said incumbent so put out without process, may be at large, and sue for his remedy by the said statute, and begin his suit in this case at what time shall please him, within the year, or after, at his will; and that as well for the time past, as for the time to come, notwithstanding the term so limited by the said statute.

31 ELIZABETH, CAP. 6, SECS. 5—10.—An act against abuses in election of scholars, and presentation to benefices.

V. Be it further enacted by the authority aforesaid, that if any person or persons, bodies politic and corporate, shall or do at any time after the end of forty days next after the end of this session of parliament, for any sum of money, reward, gift, profit or benefit, directly or indirectly, or for or by reason of any promise, agreement, grant, bond, covenant, or other assurances, of or for any sum of money, reward, gift, profit or benefit whatsoever, directly or indirectly, present or collate any person to any benefice with cure of souls, dignity, prebend or living ecclesiastical, or give or bestow the same, for or in respect of any such corrupt cause or consideration; that then every such presentation, collation, gift and bestowing, and every admission, institution, investiture and induction thereupon, shall be 3 Lev. 337. utterly void, frustrate and of none effect in law, and that it shall and may be lawful to and for the queen's majesty, her heirs and successors, to present, collate unto, or give or bestow every such benefice, dignity, prebend and living ecclesiastical for that one time or turn only; and that all and every person or persons, bodies politic and corporate, that from thenceforth shall give or take any such sum of money, reward, gift or benefit, directly or indirectly, or that shall take or make any such promise, grant, bond, covenant or other assurance, shall forfeit and lose the double value of one year's profit of every such benefice, dignity, prebend and living ecclesiastical; and the person so corruptly taking, procuring, seeking or accepting any such benefice, dignity, prebend or living, shall thereupon and from thenceforth be adjudged a disabled person in law, to have or enjoy the same benefice, dignity, prebend or living ecclesiastical.

The penalty for present ing or collating, or for being presented to a

cure for re

VI. And be it further enacted, that if any person shall at any time after forty days next after the end of this session of parliament, for any sum of money, reward, gift, profit or commodity whatsoever, directly or indirectly (other than for usual and lawful fees) or for or benefice with by reason of any promise, agreement, grant, covenant, bond or other ward. assurance, of or for any sum of money, reward, gift, profit or benefit 2 Roll. 465, whatsoever, directly or indirectly, admit, institute, instal, induct, Cro. Jac.385. invest or place any person in, or to any benefice with cure of souls, dignity, prebend or other living ecclesiastical; that then every such person so offending shall forfeit and lose the double value of one year's profit of every such benefice, dignity, prebend and living

Cro. El 642.

Cro. Car, 330.

ecclesiastical; and that thereupon immediately from and after the investing, installation or induction thereof had, the same benefice, dignity, prebend and livings ecclesiastical, shall be eftsoons merely void and that the patron or person to whom the advowson, gift, presentation or collation shall by law appertain, shall and may by virtue of this act present or collate unto, give and dispose of the same benefice, dignity, prebend or living ecclesiastical, in such sort, to all intents and purposes, as if the party so admitted, instituted, installed, invested, inducted or placed, had been or were naturally dead.

confer by lapse but

VII. Provided always, that no title to confer or present by lapse, No title to shall accrue upon any voidance mentioned in this act, but after six months next after notice given of such voidance, by the ordinary to after six the patron.

months notice.

for corrupt

of a benefice

souls.

VIII. And be it further enacted by the authority aforesaid, that The penalty if any incumbent of any benefice with cure of souls, after the end of resigning or the said forty days, do or shall corruptly resign or exchange the exchanging same, or corruptly take for or in respect of the resigning or exchang- with cure of ing of the same, directly or indirectly, any pension, sum of money, or benefit whatsoever; that then as well the giver, as the taker of any such pension, sum of money, or other benefit corruptly, shall lose double the value of the sum so given, taken or had; the one moiety as well thereof, as of the forfeiture of double value of one year's profit before mentioned, to be to the queen's majesty, her heirs and successors, and the other moiety to him or them that will sue for the same, by action of debt, bill or information, in any of her majesty's courts of record, in which no essoin, protection or wager of law or privilege shall be admitted or allowed.

flicted by the

taken away

IX. Provided always, that this act, or any thing herein contained, Penalties inshall not in anywise extend to take away or restrain any punishment, ecclesiastical pain or penalty limited, prescribed or instituted by the laws ecclesi- law be not astical, for any the offences before in this act mentioned, but that the by this stasame shall remain in force, and may be put in due execution, as it tute. might be before the making of this act; this act or any thing therein contained to the contrary thereof in anywise notwithstanding.

make minis

X. Provided further, and be it enacted by the authority aforesaid, The penalty for giving or that if any person or persons whatsoever shall or do at any time taking of after the end of this session of parliament, receive or take any money, rewards to fee, reward or any other profit, directly or indirectly, or shall take ters, or to any promise, agreement, covenant, bond or other assurance, to give licence to preach. receive or have any money, fee, reward or any other profit, directly or indirectly, either to him or themselves or to any other of their or any of their friends, (all ordinary and lawful fees only excepted) for or to procure the ordaining or making of any minister or ministers, or giving of any orders, or licence or licences to preach; that then every person and persons so offending shall for every such offence forfeit and lose the sum of forty pounds of lawful money of England; and the party so corruptly ordained or made minister, or taking orders, shall forfeit and lose the sum of ten pounds: and if at any time within seven years next after such corrupt entering into the ministry, or receiving of orders, he shall accept or take any benefice, living or promotion ecclesiastical, that then immediately from and after the induction, investing or installation thereof or thereunto had,

the same benefice, living and promotion ecclesiastical shall be eftsoons merely void; and that the patron or person to whom the advowson, gift, presentation or collation shall by law appertain, shall and may, by virtue of this act, present or collate unto, give and dispose of the same benefice, living or promotion ecclesiastical, in such sort to all intents and purposes, as if the party so inducted, invested or installed, had been or were naturally dead; any law, ordinance, qualification or dispensation to the contrary notwithstandWho shall ing the one moiety of all which forfeitures shall be to our sovereign feitures, and lady the queen, her heirs and successors, and the other moiety to him or them that will sue for the same, by action of debt, bill, See further plaint or information, in any of her majesty's courts of record, in concerning which no essoin, protection, privilege or wager of law, shall be W. & M. st. 1, admitted or allowed. Coke Lit. 120. a.

have the for

by what

means.

simony, 1

c. 16, & 12

Anne, st. 2, c. 12.

3 JAMES 1, CAP. 5, SECS. 18 & 19.-An act to prevent and avoid dangers which grow by popish recusants. - See Title-" PAPISTS," vol. iii. p. 494.

6 GEORGE 4, CAP. 16, SEC. 77.-An act to amend the laws relating to bankrupts.

LXXVII. And be it enacted, that all powers vested in any bankrupt which he might legally execute for his own benefit (except the right of nomination to any vacant ecclesiastical benefice) may be executed by the assignees for the benefit of the creditors, in such manner as the bankrupt might have executed the same.

7 & 8 GEORGE 4, CAP. 25.—An act for the relief of certain spiritual persons and patrons of ecclesiastical preferments, from certain penalties; and rendering valid certain bonds, covenants, or other assurances for the resignation of ecclesiastical preferments.-Whereas by an act made and passed in the thirty-first year of the reign of her late majesty 31 Eliz. c. 6. queen Elizabeth, intituled an act against abuses in elections of scholars and presentations to benefices, it is enacted in the words or to the effect following; to wit, for the avoiding of simony and corruption in presentations, collations, and donations of and to benefices, dignities, prebends, and other livings and promotions ecclesiastical, and in admissions, institutions, and inductions to the same, be it further enacted by the authority aforesaid, that if any person or persons, bodies politic and corporate, shall or do at any time after the end of forty days next after the end of this session of parliament, for any sum of money, reward, gift, profit, or benefit, directly or indirectly, or for or by reason of any promise, agreement, grant, bond, covenant, or other assurance, of or for any sum of money, reward, gift, profit, or benefit whatsoever, directly or indirectly present or collate any person to any benefice with cure of souls, dignity, prebend, or living ecclesiastical, or give or bestow the same for or in respect of any such corrupt cause or consideration, that then every such presentation, collation, gift, and bestowing, and every admission, institution, investiture, and induction thereupon, shall be utterly void, frustrate, and of none effect in law; and that it shall and may be lawful to and for the queen's majesty, her heirs and successors, to present, collate unto, or give or bestow every such benefice, dignity, prebend, and living ecclesiastical, for that one time or turn only; and that all and every person or persons, bodies politic and corporate,

that from thenceforth shall give or take any such sum of money, reward, gift, or benefit, directly or indirectly, or that shall take or make any such promise, grant, bond, covenant, or other assurance, shall forfeit and lose the double value of one year's profit of every such benefice, dignity, prebend, and living ecclesiastical; and the person so corruptly taking, procuring, seeking, or accepting any such benefice, dignity, prebend, or living, shall thereupon and from thenceforth be adjudged a disabled person in law to have or enjoy the same benefice, dignity, prebend, or living ecclesiastical: and whereas since the passing of the said act many spiritual persons or others, before or after the presentation or collation or appointment by donation, of spiritual persons to spiritual offices, being benefices. with cure of souls, dignities, prebends, or livings ecclesiastical, have made, given, or entered into certain engagements by promise, agreement, grant, bond, covenant, or other assurance, to or with the patron or patrons of such spiritual offices, or to or with some other person or persons, for the resignation of such spiritual offices, to the intent or purpose that some person specially named or described in such engagement, or one of two persons so specially named or described, should be presented, collated, or nominated to such spiritual offices respectively, or that the same should be given or bestowed to or upon him, or for the resignation thereof upon notice or request or otherwise, when a person, or one of two persons, so specially named or described, should become qualified by age or otherwise to accept and take the same: and whereas it has lately been adjudged and determined at law that such engagements as aforesaid come within the intent and meaning of the said recited act: and whereas the spiritual persons and patrons, and other persons, who have been parties to such engagements, will suffer great hardship and detriment unless they be relieved from the pains, penalties, forfeitures, loss, or disabilities to which they have erroneously, but without having wilfully acted in contravention of the said recited act, rendered themselves liable, by reason of having given or entered into, or accepted or taken such engagements; for remedy thereof, be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that no presentation, collation, gift, or bestowing of any such No presentaspiritual office to or upon any spiritual person, before the ninth day spiritual ofof April in the present year of our Lord one thousand eight hundred fice, made and twenty-seven, nor any admission, institution, investiture, or April, 1827, induction thereupon, shall be void, frustrate, or of no effect in law, on account for or by reason of any such engagement made, given, or entered of any agreeinto by such spiritual person, or any other person or persons, to or sign when with the patron or patrons of such spiritual office, or to or with another person specially other person or persons, for the resignation of the same, to the named, shall intent or purpose manifested by the terms of such engagement, that become quasome person specially named or described therein, or one of two the same. persons so specially named or described, should be presented, collated, or nominated to such spiritual office, or that the same should be given or bestowed to or upon him, or for the resignation thereof upon notice or request, or otherwise, when a person, or one of two

any

tion to any

before 9th

shall be void

ment to re

lified to take

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