Tithe Act 1536

JurisdictionUK Non-devolved
Citation1536 c. 11
Statues made at Westminster, Anno 28 Hen VIII. and Anno Dom.1536. For the Restitution of the First-Fruits in Time of Vacation to the next Incumbent.

(28 Hen. 8) C A P. XI.

'FOrasmuch as in the Statute 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'sDominions, express Mention and Declaration is not had ne made, 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 such Promotion.

S-II

II. 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, Wooll, Lamb, Corn and Hay, and Tithes usually paid at the holy Time ofEaster ) 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; (2) so that through such Delays (over and above the First-fruits, 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 Los and Hindrance:'

S-III The Time from which First-Fruits are due to the King.

III The Time from which First-Fruits are due to the King.

III. 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; (2)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, Deanry, Prebend, Parsonage, Vicarage, Hospital, Wardenship, Provostship, or other Spiritual Promotion, Benefice, Dignity or Office (Chaunteries only except) within this Realm, or other the King's Dominions, growing, rising or coming, during the Timeof Vacation of the same Promotion spiritual, shall belong and affere to such Person as shall be thereunto next presented, promoted, instituted, inducted or admitted, and to his Executors, towards the Payment of the First-fruitsto 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.

S-IV The Forfeiture of the Ordinary which receiveth the Fruits of a Benefice during the Vacation, and doth not restore them to the next...

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