First Fruits and Tenths Act 1534
| Jurisdiction | UK Non-devolved |
| Citation | 1534 c. 3 |
| Year | 1534 |
(26 Hen. 8) C A P. III.
'FOrasmuch as it is, and of very Duty ought to be, the natural Inclination of all good People, like most faithful, loving and obedient Subjects, sincerely and willingly to desire to provide, not only for the publick Weal of their native Country, but also for the Supportation, Maintenance and Defence of the Royal Estate of their most dread, benign and gracious Sovereign Lord, upon whom, and in whom dependeth all their Joyand Wealth, in whom also is united and knit so princely a Heart and Courage, mixed with Mercy, Wisdom and Justice, and also a natural Affection joined to the same, as by the great, inestimable and benevolent Arguments thereof, being most bountifully, largely, and many times shewed, ministred and approved towards his loving and obedient Subjects, hath well appeared, which requireth a like Correspondence of Gratitude to be considered, according to their most bounden Duties; (2)wherefore his said humble and obedient Subjects, as well the Lords Spiritual and Temporal, as the Commons, in this present Parliament assembled, calling to their Remembrance not only the manifold and innumerable Benefits daily administered by his Highness to them all, and to the Residue of all other his Subjects of this Realm; but also how long time his Majesty hath most victoriously, by his high Wisdom and Policy, protected, defended and governed this his Realm, and maintained his People and Subjects of the same in Tranquillity, Peace, Unity, Quietness and Wealth; (3) and also considering what great, excessive and inestimable Charges his Highness hath heretofore been at, and sustained by the Space of five and twenty whole Years, and also daily sustaineth, for the Maintenance, Tuition and Defence of this his Realm, and his loving Subjects of the same, which cannot be sustained and born without some honourable Provision and Remedy may be made, found, provided and ordained for Maintenance thereof; do therefore desire, and most humbly pray, that for the more Surety of Continuance and Augmentation of his Highness Royal Estate, being not only now recognized (as he always indeed hath heretofore been) the only supreme Head in Earth, next, and immediately under God, of the Church ofEngland , but also their most assured and undoubted natural Sovereign liege Lord and King, having the whole Governance, Tuition, Defence and Maintenance of this his Realm, and most loving and obedient Subjects of the same:' It may therefore be ordained and enacted by his Highness, and the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by Authority of the same, in Manner and Form following:
II First-Fruits and Profits for one Year of every spiritual Living is granted to the King.
II. That is to say, That the King's Highness, his Heirs and Successors, Kings of this Realm, shall have and enjoy from Time to Time, to endure for ever, of every such Person and Persons which at any Time after the first Day ofJanuary next coming shall be nominated, elected, prefected, presented, collated, or by any other Means appointed, to have any Archbishoprick, Bishoprick, Abbacy, Monastery, Priory, College, Hospital, Archdeaconry, Deanry, Provostship, Prebend, Parsonage, Vicarage, Chauntery, Free Chapel, or other Dignity, Benefice, Office or Promotion Spiritual within this Realm, or elsewhere within any of the King's Dominions, of what Name, Nature or Quality soever they be, or to whose Foundation, Patronage or Gifts soever they belong, the First Fruits, Revenues and Profits for one Year of every such Archbishoprick, Bishoprick, Abbey, Monastery, Priory, College, Hospital, Archdeaconry, Deanry, Provostship, Prebend, Parsonage, Vicarage, Chauntery, Free Chapel or other Dignity, Benefice, Office or Promotion Spiritual afore named, whereunto any such Person or Persons shall after the said first Day ofJanuary be nominated, elected, prefected, presented, collated, or by any other Means appointed; (2)and that every such Person and Persons, before any actual or real Possession, or meddling with the Profits of any such Archbishoprick, Bishoprick, Abbacy, Monastery, College, Hospital, Deanry, Provostship, Prebend, Parsonage, Vicarage, Chauntery, Free Chapel, Priory or other Dignity, Benefice, Office or Promotion Spiritual, shall satisfy, content and pay, or compound or agree to pay to the King's Use, at reasonable Days, upon good Sureties, the said First-Fruits and Profits for one Year.
III Commissioners to search for the Value of Benefices, and to compound for the First-Fruits.
III. And be it also enacted by Authority aforesaid, That the Chancellor ofEngland and Master of the Rolls for the Time being, jointly and severally, or such other Person and Persons as shall please the King's Highness, his Heirs or Successors, from Time to Time, at his or their Pleasure, to name and depute, by Commission or Commissions under the Great Seal, shall have Power and Authority, as well to examine and search for the just and true Value of the said First-Fruits and Profits, by all Ways and Means that they can, as to compound and agree for the Rate of the said First-Fruits and Profits, and to stall and limit reasonable Days for Payment thereof upon good and sufficient Surety or Sureties by Writings obligatory by their Discretions; (2)and if Composition or Agreement be had or made for the said First-Fruits before the said Lord Chancellor or Master of the Rolls, that then the Writings obligatory, or Money taken for the same, shall rest, remain and abide in the Hanaper of the King's Chancery, there safely to be kept to the King's Use, and the Money to be due of such Writings obligatory, or to be received in hand by reason of any such Composition, shall be paid in the said Hanaper to the Clerk of the Hanaper for the Time being, and that the said Clerk of the Hanaper shall make a true and just Account thereof, like as he is bound to do of the Money received of the Profits of the King's Great Seal; (3) and if Composition or Agreement be had or made for the said First-Fruits, afore any other Person or Persons to be deputed by the King's Highness, his Heirs or Successors, by Commission under his Great Seal, that then the Writings obligatory, and Money taken for the same, shall be delivered to the Treasurer of the King's most honourable Chamber, for the Time being, or elsewhere to whom it shall please the King's Highness, his Heirs or Successors, to give Authority by Commission under the Great Seal, to receive the same.
IV whose Acquittance shall be sufficient Discharge for the First-Fruits.
IV. And it is also ordained and enacted by Authority aforesaid, That every Writing of Acquittance subscribed with the Hand and Name of the Clerk of the Hanaper, and Treasurer of the Chamber, or other Commissioners aforesaid, or any of them, witnessing the Receipt of the said First-Fruits or any Part thereof, shall be as good and effectual against the King's Highness, his Heirs and Successors, to every Person and Persons having the same, for so much Money as shall be mentioned to be received and contained in every such Acquittance, as if such Acquittance were or had been lawfully had and obtained in the King's Name, under the King's Great Seal, and so shall be admitted, accepted, allowed and taken in every of the King's Courts; (2)and that all Writings obligatory to be taken for Payment of the said First-Fruits, by and afore the said Lord Chancellor, or Master of the Rolls, or by and afore any other Person or Persons to be deputed to compound and agree for the said First-Fruits, as is aforesaid, shall be of the same Strength, Force, Virtue, Quality and Effect, to all Intents and Purposes, as Writings obligatory heretofore made by any Lay Person by Authority of the Statute of the Staple been; (3) and that upon Certificate hereafter to be made into the King's Chancery, of any such Writings obligatory to be taken for Payment of such First-Fruits, like Process and Execution shall be thereupon made and had against any Person Spiritual and Temporal, as hath been accustomed to be made against any Lay Person, upon Certificate of Writings obligatory of the said Statute of the Staple; (4) and that no Person shall be compelled to pay for any Writing obligatory to be made for the said Payment of the said First-Fruits, aboveviii. d . nor for any Acquittance to be made for Receipt of such First-Fruits, above iv. d . (5) and that such Person and Persons as shall be deputed by the King's Highness, by Commission under the Great Seal, to compound and agree for the said First-Fruits, shall, at the End of every six Months next after the Date of their Commission, and so from six Months to six Months, deliver or cause to be delivered unto the Treasurer of the Chamber for the Time being, or elsewhere to such Commissioners as shall be appointed as is aforesaid, to receive the same, as well all such Money, as all such Specialties and Bonds as they shall have taken for the Payment of the said First-Fruits, by Indenture to be made between them and the said Treasurer, or other Commissioners as is aforesaid, containing the Certainty and Number of the Sums of Money and Specialties, and Bonds by them taken and received; (6)and if any Person or Persons to whom any Deputation shall be made by Commission, to compound and agree for the Payment of the said First-Fruits, their Heirs, Executors or Administrators, conceal or imbezzle any of the said Specialties or Bonds taken for the sure Payment of the said First-Fruits, and do not deliver them according to the Tenor of this Act, that then...
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