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Ecclesiastical Licences Act 1533

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Ecclesiastical Licences Act 1533

1533 CHAPTER 21 25 Hen 8

An Acte for the exonaracion frome exaccions payde to the See of Rome.X1

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X1Abbreviations or contractions in the original form of this Act have been expanded into modern lettering in the text set out below.

Modifications etc. (not altering text)

I, II.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

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Amendments (Textual)

III Dispensations may be granted by the said Archbishop in all Cases usually heretofore granted at Rome; but in unusual Cases not without the Assent of the King and Council.E+W

The seid Archebishope and hys successours, after good and (X2) examynacion by theym had of the causes and qualities of the persons procuryng for licences dispensacions composicions faculties delegacies rescriptes instrumentes or other wrytynges, shall have full power and auctoritie by theym selff or by theire sufficient and substanciall commissarye or deputye by theire discreacions, frome tyme to tyme to graunte and dispose by an instrument under the name and seale of the seid Archebisshope, as well to any of your subjectes as to the Subjectes of your heires and successours, all maner licences dispensacions faculties composicions delegacies rescriptes instrumentes or other wrytynges for any suche cause or matier wherof heretofore suche licences dispensacions composicions faculties delegacies rescriptes instrumentes or wrytynges have byn accustomed to be had, at the See of Rome or by auctorytie therof or of any prelate of this Realme: And that the seid Archebishope and hys commissarie shall not graunt any other licence dispensacion composicion facultie wrytyng or instrument, in causes unwonte and not accustomed to be had or obteyned at the Court of Rome nor by auctoritie therof nor by any prelate of this Realme, untyll your Grace your heires or successours or your or theire counsale shall fyrst be advertised therof, and determyne whether suche licences dispensacions composicions faculties or other wrytynges, in suche causes unwonte and not accustomed to be dispensed withall or obteyned, shall commenly passe as other dispensacions faculties or other wrytygs shall or noo; uppon payne that the graunters of every suche licence dispensacion or wrytyng in suche causes unwonte contrary to this acte shall make fyne at the wyll and pleasure of your Grace your heires and successours: And yf it be thought and determyned by your Grace your heires or successours or your or theire Counsell, that dispensacions faculties licences or other wrytynges in any suche cause unwonte shall passe, then the seid Archebishope or hys Commissarye, havyng licence of your Highnes your heires or successours for the same by your or theire bill assigned, shall dispence with theym accordyngly.

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Editorial Information

X2Variant reading of the text noted in The Statutes of the Realm as follows: due O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

IV Licences, the Tax whereon at Rome exceeded £4. shall be confirmed under the Great Seal, and enrolled in Chancery. Licences of less Tax may be granted by the Archbishop: All such Licences shall be valid; Children procreated after Marriages so licenced shall be legitimate, &c.E+W

Provyded always that no maner of dispensacions licences faculties or other rescriptes or wrytynges, herafter to be graunted to any person or persones by vertue or auctoritie of this acte by the seid Archebisshope or hys Commissarie, being of suche importance that the taxe of the expedicion therof at Rome extended to the somme of foure poundes or above, shall in any wyse be putt in execucion [X3tell] the same licence dispensacion facultie rescripte, or other wrytyng of what name or nature soo ever it be of, be fyrst confirmed by your Highness your heires or successours Kynges of this Realme under the greate Seale, and inrolled in your Chauncerie in a Roll by a Clerke to be appoynted for the same; And that this acte shalbe sufficient warante to the Chauncellour of Englond for the tyme being, or to hym whome your Grace your heires or successours shall depute to be keper of the greate Seale, to confirme in your name your heires or successours the forseid wrytynges passed under the seid Archebishopes seale, by lettres patentes in due forme therof to be made under your greate seale, remyttyng as well the seid wrytyng under the Archebisshops seale as the seid confirmacion under the greate seale to the parties frome tyme to tyme Procuryng for the same. And that all suche licences dispensacions faculties and other rescriptes and wrytyngs, for the expedicion of the which the seid taxes to be payd at Rome was under £4. whiche be mattiers of no greate importance, shall passe only by the Archebisshops seale, and shall not of any necessitie be confirmed by the greate seale, onles the procurers of suche licence facultie or dispensacion desire to have theym soo confirmed; in whiche case they shall pay for the (X4) greate seale to the use of your Highnes your heires and successours [X5v s.] sterlinges and not above, over and beside suche taxe as shalbe here after lymytted for the makyng wrytyng regestrynge confirmyng and inrollyng of suche licences confirmacions and wrytynges under the seid taxe of £4 And that every suche licence dispensacion composicion facultie rescript and wrytyng, of what name or nature soo ever it be, for suche causes as the taxe was wonte to be £4 or above soo graunted by the Archbishope and confirmed under the greate seale, and all other licences dispensacions faculties rescriptes and wrytyngs hereafter to be graunted by the Archebishope by vertue and auctoritie of this Acte wherunto the greate seale is not lymytted of necessite to be put to by reason that the taxe of theym ys under £4 shalbe accepted approved allowed and admytted good and effectuall in the lawe, in all places courtes and jurisdiccions as well spirituall as temporall within this Reame and els where within your Domynyons, and as beneficiall to the persons obteynyng the same, as they shuld have byn if they had byn obteyned with all thynges requysite of the See of Rome or of any other person by auctoritie therof, without any revocacion or repeale hereafter to be had of any suche licences dispensacions faculties rescriptes or wrytynges of what nature so ever they be: And that all Children Procreated after solempnyzacion of any mariages to be had or don by vertue of suche licences or dispensacions shalbe admytted reputed and taken legittimate in all courtes as well spirituall as temporall and in all other places, and inherite the inheritaunce of their parentes and auncestours within this your Realme and all other your Domynyons according to the lawes and customes of the same; and all actes to be don had or executed, accordyng to the tenour of suche licences dispensacions faculties wrytyngs or other instruments to be made or graunted by auctoritie of this acte, shalbe firme Promanente and remayne in force; any foreyne lawes constitucions decrees canons decretallis inhybicyons use custome prescripcion or any other thynge hadde or hereafter to be made to the contrarye not withstondyng.

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Editorial Information

X3Variant reading of the text noted in The Statutes of the Realm as follows: till O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X4Variant reading of the text noted in The Statutes of the Realm as follows: said O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X5Variant reading of the text noted in The Statutes of the Realm as follows: fyve shellings O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

V Clerks shall be appointed to register Licences and Confirmations thereof. E+W

And the seid Archebishope and hys successours shall have power and auctoritie to ordeyne make and constitute a Clerke, which shall [X6wrytte] and regestre every suche licence dispensacion facultie wrytyng or other instrument to be graunted by the seid Archebishope and shall fynde parchement wexe and sylken laces convenyent for the same, and shall take for hys paynes suche somes of monay as shalbe herafter in this present acte to hym lymytted in that behalf for the same; and that lykewyse your Grace your heires and successours shall by your letters patentes under your greate seale ordeyne depute and constitute one sufficient clerke being lerned in the Course of the Chauncerie whiche always shalbe attendant uppon the Lorde Chaunceler or the Lorde Keper of the greate seale for the tyme being, and shall make wryte and enroll the confirmacions of all suche licences dispensacions instrumentes and other wrytynges as shalbe thether brought under the Archebishopes seale there to be confirmed and enrolled: And shall also intitle in hys bokes and enroll of recorde suche other wrytynges as thether shalbe brought under the Archbishopes seale not to be confirmed, takyng for his paynes suche resonable sommes of Money as hereafter by this acte to hym shalbe lymytted for the same; And that aswell the seid Clerke appoynted by the seid Archebishope as the seid Clerke to be appoynted by your Highnes your heires or successours shall subscribe theire names to every suche licence dispensacion facultie or other wrytyng that shall comme to theire handes, to be wrytyn made graunted sealed confirmed regestred and enrolled by auctoritie of this acte in forme as is before rehersed.

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X6Variant readings of the text noted in The Statutes of the Realm as follows: wryte O.— wright nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

Modifications etc. (not altering text)

VI For moderating the Charges of such Dispensations, &c. Two Books shall be made of the Costs of all Licences, &c. and approved by the Lord Chancellor, the Archbishops, &c.E+W

And for as moche as the charges of obteynyng the seid licences dispensacions faculties and other rescriptes or wrytynges afore named at the Courte of Rome, by the losses and exchanges and in conductyng of currours and wagyng solicitours to sue for any suche licences dispensacions faculties instruments and other rescriptes or wrytynges, have be grevous and excessive to your people, and many tymes greatter sommes have byn demaunded for the spedy expedicion in the Courte of Rome then be expressed in the olde taxe lymyted to be payd for the seid expedicions, wherby your people [X7hath] byn brought to an incertentie upon the payment for expedicions of suche thynges and by reason therof have byn constrayned to pay more then they were wont to doo, to the great impoverishing of this Realme as is afore seid; And some tymes the spedyng of suche dispensacions faculties licences and other wrytyngs at Rome have byn soo longe differred, that the partyes laboryng for the same have suffered great incommodities and losse for lacke of quycke spede, whiche here after may be had within this your Realme to the great commoditie of your people, wherby the charges of makyng exchanges conductyng of [X8currurs] and solicitours for the seid dispensacions shalbe abated, and your peple so moche [X9reveled] and eased, to thentent that all ambiguytie and incertentie of paymentes for dispensacions faculties licences and other rescriptes and wrytynges may be taken away, that noo fraude or exaccion shalbe exercised uppon your people by suche officers as shalbe appoynted by this Acte to take paynes in spedyng suche dispensacions faculties and licences, but that your people may be sure and certayne what they be appoynted to pay for the same; Be it enacted by this present Parliament and by the auctoritie of the same, that there shalbe two bokes drawen and made of one tenour, in whiche shalbe conteyned the taxes of all customable dispensacions faculties licences and other wrytyngs wonte to be [X10spede] at Rome; which bokes and every lefe of those bokes and both side of every lefe shalbe subscribid by the Archebisshope of Caunterbury, the Lorde Chaunceler of Englond, the Lord Tresourer of Englonde and the ij chefe Justices of both Benches for the tyme being; to the whiche bokes all Suters for dispensacions faculties licences and other wrytynges afore rehersed shall have recourse yf they require hit; And one of the seid bokes shall remayne in the handes of hym whiche shalbe appoynted to be regester and scribe of the seid dispensacions faculties and licences under the seid Archebisshope of Canturbury in forme as is before seid, And the other boke shall remayne with the Clerke of the Chauncerie whiche by your Grace your heires or successours shalbe appoynted as is before rehersed; whiche Clerke of the Chauncerie shall also intitle and [X11not] particulerly and dayly in hys boke ordeyned for that purpose the nombre and qualitie of the Dispensacions faculties licences and other rescriptes and wrytyngs [X12shich] shalbe sealed only with the seale of the seid Archebisshope, and also which shalbe sealed withe the seid seale and confirmed with the greate seale in forme as is before seid, that all fraude and conceylment in this behalf may be avoyded.

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Editorial Information

X7Variant reading of the text noted in The Statutes of the Realm as follows: have nu. 28 [nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X8Variant reading of the text noted in The Statutes of the Realm as follows: currors O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X9Variant readings of the text noted in The Statutes of the Realm as follows: relieved O.— relyved nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X10Variant reading of the text noted in The Statutes of the Realm as follows: spedde O. [O. refers to a collection in the library of Trinity College, Cambridge]

X11Variant reading of the text noted in The Statutes of the Realm as follows: note O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X12Variant reading of the text noted in The Statutes of the Realm as follows: whiche O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

VII Fees for Licences, &c. shall be regulated by such Books. Compositions. Penalty on Extortion, Ten Times the Sum received.E+W

And that no man suing for dispensacions faculties licences or other rescriptes or wrytyngs whiche [X13were] wonte to be [X14spede] at Rome, shall paye any more for theire dispensacions licences or rescriptes then shalbe conteyned taxed and lymitted in the seid Duplicate bokes of taxes onely; composicions [X15except] of which being arbytrarye noo taxe can be made; Wherfore the taxe thereof shalbe sett and lymytted by the discreacion of the seid Archebishope of Canturbury and the Lorde Chaunceler of Englond or the Lorde Keper of the greate seale for the tyme being: And that suche as shall exacte or receyve of any suter more for any dispensacion facultie or licence then shalbe conteyned in the seid bokes of taxes, shall forfett ten tymes somoche as he shall soo extorciously exacte and receyve, the one half of the whiche forfayture to be to the use of your Grace your heires or successours and the other half therof to be to suche of your subjects as wyll sue for the same by accion byll or playnt in any of your Graces Courtes, . . . F2

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Editorial Information

X13Variant reading of the text noted in The Statutes of the Realm as follows: was nu. 28 [nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X14Variant reading of the text noted in The Statutes of the Realm as follows: spedde O. [O. refers to a collection in the library of Trinity College, Cambridge]

X15Variant reading of the text noted in The Statutes of the Realm as follows: excepted O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

Amendments (Textual)

VIII Application of the Taxes to be paid for Licences, &c.: If amounting to Four Pounds: If under £4. and not under 40s. If under 40s. and not under 26s. 8d. If under 26s. 8d. and not under 20s. If under 20s.E+W

The taxe or somme appoynted to be payd for every suche dispensacion licence facultie instrument rescripte, or other wrytyng to be graunted by auctoritie of this acte, shalbe employed & ordered as here after ensuyth that is to sey; If the taxe extende to foure poundes or above by reason wherof the dispensacion licence facultie rescripte or wrytyng whiche shall passe by the seid Archebisshoppes seale muste be confirmed by thappencion of the greate seale, then the seid taxe so extendyng to£4. [X16or] above shalbe devyded into three partes wherof two shall be perceyved by the seid Clerke of the Chauncerie to be appoynted as is afore seid to the use of your Highnes your heires and successours and to the use of the Lorde Chauncelour or the keper of the greate seale for the tyme being and to the use of the seid Clerke, in suche wyse as here after shalbe declared and [X17that] the thride parte shalbe taken by the seid Clerke of the Archebisshopee to the use of the same Archebishope and hys Commissarye and hys seid Clerke and Regester in suche wyse as here after shalbe ordered and lymytted by this acte; (that is to sey) the seid two partes shalbe devyded in foure partes of which thre partes shalbe taken to the only use of your Highnes your heires and successours, and the fourthe parte shalbe devyded in thre partes wherof the Chaunceler of Englond or Lorde Keper of the great Seale for the tyme being shall have two partes and the (X18) Clerke of the Chauncerie the thride parte for hys paynes travayle and labours that he is lymytted to [X19wrytt] and do by vertue of this acte, And the seid thride parte of the hole taxe appointed to the seid Archebishope and hys officers (as is aforeseid) shalbe devyded into thre partes, wherof the Archebishopp shall have to hys use two partes and hys officers shall have the thride parte therof, of whiche thride parte to be devyded in two partes, the seid Clerke or Regester whiche shall fynde parchement waxe and sylke and shall devyse and [X20wrytt] the seid dispensacions licences faculties rescriptes or other wrytynges and regester the same, shall have for hys seid labour and for receyvyng and repaying of the sommes of money that shall come to his handes for dispensacions faculties licences and other rescriptes aforseid the one moytie therof, and the Commyssary of the seid Archebisshope appointid to seale the seid dispensacions faculties licences and other rescriptes shall have the other partie: And yf the taxe be under £4 and not under xl s. then the seid taxe shalbe devyded into thre partes as is aforseid wherof the Kynges Highnes hys heires and successours shall have two partes therof abatyng iij s. iiij d. [X21shiche] shalbe to the seid Clerke of the Chauncerie for subscribyng entytlyng and enrollyng the seid dispensacions licences faculties rescriptes and other wrytyngs aforseid and receyvyng of the Kynges money soo taxed, and the Archebishoppe and hys officers shall have the thride parte, whiche thride parte shalbe devyded into two partes, wherof the Archebisshope shall have the one entyerly to hym self, hys scribe and commyssary shall have the other parte therof egally to be devyded amonges theym for theire costes and paynes in that behalf: And yf the taxe be under xl s. and not under xxvj s. viij d. the same taxe shalbe devyded into two partes wherof the one parte shalbe to your Grace your heires and successours deductyng therof ij s. for the Clerke of the Chauncerie for hys paynes as is aforseid, and the other parte shalbe to the seid Archebisshope and hys officers, which other parte shalbe devyded into two partes wherof the Archebishope shall have the one and hys Commissarie and scribe shall have the other egallye devyded amonges theym: And yf the taxe be under xxvj s. viij d. and not under xx s. the same shalbe devyded in two partes wherof your Grace your heires and successours shall have the one parte entyerlie abatyng ij s. therof to the seid Clerke of the Chauncerie, and the Archebisshope and hys offycers shall have the other parte, and the same other parte shalbe devyded into thre partes wherof the Archebisshope shall have one, hys Commissarye the seconde, and hys scribe or regester the thride: And in case the tax be under xx s. the same shalbe perceyved to the use of the seid commissarye clerke of the seid Archebisshope and Clerke of the Chauncerie to be egally devyded amongest theym for theire paynes and labours by theym to be susteyned by auctoritie of this Acte as aforseid.

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Editorial Information

X16Variant reading of the text noted in The Statutes of the Realm as follows: and nu. 28 [nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X17Variant reading of the text noted in The Statutes of the Realm as follows: O. & nu. 28 omit [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X18Variant reading of the text noted in The Statutes of the Realm as follows: said O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X19Variant readings of the text noted in The Statutes of the Realm as follows: wryte O.— wright nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X20Variant readings of the text noted in The Statutes of the Realm as follows: wryte O.— writte nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X21Variant reading of the text noted in The Statutes of the Realm as follows: whiche O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

IX Saving for Dispensations by other Prelates.E+W

Provyded alwayes that this acte shall not be prejudiciall to the Archebisshop of Yorke or to any Bisshoppe Prelate of this Realme; but that they may lawfully (not withstondyng [X22this] acte) dispence in all cases in which they were wonte to dispence by the commen lawe or custome of this Realme afore the makyng of this acte.

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X22Variant reading of the text noted in The Statutes of the Realm as follows: the nu. 28 [nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X Guardian of the Spiritualties may act during Vacancy of See.E+W

[X23Provyd] also and be it enacted by auctoritie aforseid that yf it happen the See of the Archbishoppriche of Canurbury to be voyde, that then all suche [X24manner of licences] dispensacions faculties instruments rescriptes and other wrytynges which may be graunted by vertue and auctoritie of this acte shall during the vacacion of the same See be hadd done and graunted under the name and seale of the gardiane of the [X25spiritualities] of the seid Archebisshoprich for the tyme being accordyng to the tenour and fourme of this acte, and shalbe of lyke force value and effecte as yf they had byn graunted under the name and seale of the Archebishoppe for the tyme being.

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X23Variant reading of the text noted in The Statutes of the Realm as follows: Provyded O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X24Variant reading of the text noted in The Statutes of the Realm as follows: maner licence O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X25Variant readings of the text noted in The Statutes of the Realm as follows: Spiritualtees O.— Spiritualties nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

XI On Refusal of the Archbishop to grant Licences required, a Writ shall issue from Chancery enjoining him so to do or to shew Cause; and thereon the Chancellor may allow the Cause or enjoin the granting of such Licence; on Refusal whereof the Archbishop shall be subject to a Penalty; and Two Prelates, &c. may be commissioned to grant such Licence. E+W

And that yf the forseid Archebisshop of Canterbury for the tyme being or the seid Gardyan of the [X26spiritualities] for the tyme being, herafter refuse or denye to graunte any licences dispensacions facultyes instruments or other wrytyngs, which they be auctorised to doo by vertue and auctoritie of this acte in suche maner and forme as is afore remembred, to any person or persons that ought of a good juste and reasonable cause to have the same, by reason wherof this present acte by theire wylfulnes negligence or defaute shulde take none effecte, then the Chauncellour of Englonde or the Lord Keper of the great seale for the tyme being, uppon any compleynt therof made, shall directe the Kynges wrytte, to the seid Archebisshope or gardyan denying or refusyng to graunt suche licences dispensacions faculties or other wrytyngs, inyoynyng hym by the seid wrytte uppon a certeyne payne therin [X27to] lymytted by the discression of the seid Chauncelour or keper of the greate seale, that he shall in due forme graunt suche licence dispensacion facultie or other wrytyng accordyng to the requeste of the procurers of the same, or else signyfie [X28unto] your Highnes your Heires or Successours in the Courte of Chauncerie at a certen day for what occasion or cause he refused and denyed to graunte suche licences faculties or dispensacions; And yf it shall appere to the seid Chancellour or Lorde Keper of the greate seale uppon suche certificat that the cause of refusall or denyall of grauntyng suche licences facultie or dispensacion was resonable juste and good, that then soo being proved by due serche and examinacion of the seid Chauncellour or Lorde keper of the greate seale to be admyttyd and allowed; And yf it shall appere uppon the seid certyficat that the seid Archbisshoppe or gardiane of the Spiritualties for the tyme being, of wyfulnes in contempnyng the due execucion of this acte without a juste and resonable cause, refused or denyed to graunte suche licence facultie or dispensacion, that then your Highnes your heires and successours being therof informed, after due examinacion had that suche licences faculties or dispensacions may be graunted without offendyng the Holy Scriptures and lawes of God, shall have power and auctoritie in every suche case, for the default negligence and wylfulness of the seid Archbishoppe or gardiane, to sende your wrytt of Injuncion under your greate seale out of your seid Courte of Chancerie commaundyng the Archebisshope or gardyane, that soo shall denye or refuse to grant such licence facultie or dispensacion, to make sufficient graunt therof accordyng to the tenour and effecte of this acte, by a certayne day and under a certen payne in the seid wrytt to be conteyned and to be lymytted by your Highnes your heires or successours Kynges of this Realme: And yf the seid Archibishope or gardiane, after the recept of the seid wrytt, refuse or denye to graunt suche licences faculties or dispensacions as shalbe inyoyned hym by vertue of the said wrytte, and shewe and prove before your Majestie your heires or successours noo juste or resonable cause whye he shuld soo doo, then the seid Archebisshopp or Gardyane that soo shall refuse to put this acte in execucion accordyng to the seid wrytte of Injuncion, shall suffer lose and forfayte to your Highnes your heires and successours suche payne and penaltie as shalbe lymytted and expressed in the seid wrytt of Injuncion; And over that it shalbe lawful to your Highnes your heires and successours for every suche defaulte and wylfulnes of the seid Archbishope or gardyane for the tyme being, to geve power and auctoritie by comission under your greate seale to suche two spirituall prelatts or persons to be named by your Highnes your heires or successours as woll do and graunt suche licences faculties and dispensacions refused or denyed to be graunted by the seid Archibishopp or gardiane in contempte of this Acte.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X26Variant readings of the text noted in The Statutes of the Realm as follows: Spiritualtees O.— Spiritualties nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X27Variant reading of the text noted in The Statutes of the Realm as follows: to be O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X28Variant reading of the text noted in The Statutes of the Realm as follows: to nu. 28 [nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

Modifications etc. (not altering text)

XII Such Licences, &c. granted by such Two Prelates, &c. shall be valid.E+W

And that the seid two spirituall [X29persons or prelates] to whome in suche cases any suche commission shalbe directed, shall have power and auctoritie to graunt every suche licence facultie dispensacion instrument and other wrytynges, soo refused to be graunted by the seid Archebishope or Gardyan for the tyme being, by an instrument under theire seales takyng lyke fees and charges for the same as is before rehersed and not above under the paynes afore remembred: And that every suche licence facultie and dispensacion soo graunted for eny cases or matters wherunto any confirmacion under the kynges greate seale is appoynted by this acte to be had in maner and forme above declared, shalbe had and opteyned accordyngly, and suche licences and confirmacions shalbe had for lyke fees and charges as they are above specified and not above, under the paynes above mencioned; And that every suche licence facultie (X30) dispensacion and other wrytyng, to be graunted by the seid prelattes or persons to be assigned by the Kynges Highnes hys heirs and successours as is afore seid, shalbe of as good value strengh and effecte and as beneficiall and profytable to the persons procuryng the same as yf they had byn made graunted and obteyned under the name and seale of the seid Archebishope.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X29Variant reading of the text noted in The Statutes of the Realm as follows: Prelates or Persons O. [O. refers to a collection in the library of Trinity College, Cambridge]

X30Variant reading of the text noted in The Statutes of the Realm as follows: and nu. 28 [nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

XIII Intent of this Acte; not to vary from the Christian Catholic Faith; but to make politic Regulations for the Realm, &c.E+W

Provyded always that this acte [X31nor] any thyng or thynges therin conteyned shalbe herafter interpreted or expounded that your Grace your nobles and subjects intende by the same to declyne or vary from the congregacion of Christis Churche in any thynges concernyng the veray articles of the Catholyke feith of Christendome; or in any other thenges declared by Holy Scripture and the worde of God necessarie for your and their salvations; but only to make an ordynaunce by policies necessary and convenyente to represse vice and for good conservacion of this Realme in pease unytie and tranquyllitie frome [X32ravyne] and spoyle, insewing moche the olde auncient customes of this Realme in that behalf, not myndyng to seke for any relefes succours or remedyes for any [X33wordlye] thynges [X34and] humayne lawes in any [X35clause] of necessyyte but wythin this Realme at the hands of your Highnes your heires and successours Kynges of this Realme, whiche have and ought to have an imperiall power and auctoritie in the same and not obliged in any [X33wordlye] causes to any other Superiour.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X31Variant reading of the text noted in The Statutes of the Realm as follows: or nu. 28 [nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X32Variant readings of the text noted in The Statutes of the Realm as follows: ravyn O.— raven nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X33Variant reading of the text noted in The Statutes of the Realm as follows: worldelie O. [O. refers to a collection in the library of Trinity College, Cambridge]

X34Variant reading of the text noted in The Statutes of the Realm as follows: or nu. 28 [nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X35Variant reading of the text noted in The Statutes of the Realm as follows: Cause O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

XIV Visitation of all Monasteries, &c. exempt, shall be by Commission from the King, and not by the Archbishop or the See of Rome.E+W

Provyded alway that the seid Archebisshopp of Canterburye or any other person or persons shall have noo power or auctoritie by reason of this acte to vysite or vexe any Monasteries Abbeys Priories Colleges Hospitallis Houses or other places religious whiche be or were exempte before the makyng of this acte, any thynge in this acte to the contrary therof not withstondyng; but that redresse vicitacion and confirmacion shalbe had by the Kynges Highnes hys heires and successours by commission under the greate seale to be directed to suche persones as shalbe appoynted requysite for the same, in such monasteries colleges Hospitals Priories Houses and Places religious exempt; So that noo visitacion [X36nor confirmacion] shall frome hensforth be had nor made in or at any suche Monasteries Colleges Hospitallis Priories Houses and Places religious exempt by the sayd Bysshop of Rome nor by any of his auctoryte nor by any out of the Kynges Domynyons; Nor that any person religious or other resiant in any the Kynges Dominyons shall fromhensforth departe out of the Kynges Domynyons to or for any visitacion congregacion or assemble for Religeon, but that all suche visytacyons congregatyons & assembles shalbe within the Kynges Domynyons.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X36interlined in original Act.

XV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

XVI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

XVII Granted from Rome to Abbies, &c. shall remain valid. But no Pension shall be paid to the See of Rome; nor Visitations be made thereby, nor Appointments of Heads, &c. nor Oath be made to the Pope. But Visitations, &c. shall be made by Commission from the King.E+W

(X37)Provyded alway that this acte or any thynge therin conteyned shall not hereafter be taken [X38or] expounded to the derogacion or takyng away of any grauntes or confirmacions of any liberties privyleges or jurisdiccion of any Monasteries [X39Abbes] Prioryes or other Houses or places exempte whiche here to fore the makyng of this acte hath byn obteyned at the See of Rome or by auctoritie therof; but that every suche graunt and confirmacion shalbe of the same value force and effecte as they were afore the makyng of this acte, and as yf this acte (X40) never ben made: Provided always that the Abbotts Priours and other cheff rulers and governors of such Monasteries Abbeys Priories and other Houses and places exempt, shall not hereafter pay any pension porcion or other cense to the See of Rome, nor admytt or accept any visitacion, nor any confirmacion frome or by the seid See of Rome or by auctoritie therof, of or for any person to be electe named or presented to be hedes of any such Monasteries Abbeys Priories Places or houses exempt; nor shall make any corporall othe to the Bysshop of Rome otherwise called the Pope, uppon the paynes lymytted in this acte: but that every suche visitacion and confirmacion of suche hedes electe in any suche Monasteries Abbeys Priories houses or places exempt, where after theire election thei were bounden to have and opteyne any confirmacion of theire eleccion or of the person named presented or electe, shalbe frome hensforth had made and don within this Realme at and within every suche Abbeys Monasteries Priories and other Houses and places exempte, by suche person and persones as shalbe appoynted by auctoritie of the Kynges Commission frome tyme to tyme as the [X41case] shall requyre and not by the See of Rome nor by auctoritie therof; any thynge in this next priviso above specified to the contrary therof notwithstondyng.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X37This and the Four following Provisoes are inserted in a Schedule annexed to the original Act.

X38Variant reading of the text noted in The Statutes of the Realm as follows: nor O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X39Variant reading of the text noted in The Statutes of the Realm as follows: Abbeys O. [O. refers to a collection in the library of Trinity College, Cambridge]

X40Variant reading of the text noted in The Statutes of the Realm as follows: had O. & nu. 28 [O. refers to a collection in the library of Trinity College, Cambridge and nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

X41Variant reading of the text noted in The Statutes of the Realm as follows: cause nu. 28 [nu. 28 refers to the numbering of the membranes composing the Parliament Roll]

XVIII Exception for Monasteries, &c. privileged.E+W

Provyded always that in suche Monasteries Abbeys Priories and Houses exempte where after eleccion presentacion or nomynacion of theire heds no suche confirmacion is requysite to be had, nor hath byn used to be taken by reason of suche privileges as they have concernyng the same, that in every such Monasteries Abbes Priories and Places exempt they shall not be bounden to obteyne have or take any confirmacion for the same within this Realme by auctoritie of this acte, but use theire privileges therin as they have don before the makyng of this acte, any thyng in this acte or any the provysions nexte above rehersed to the contrarie therof not withstondyng.

XIX, XX.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

XXI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

XXII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

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Amendments (Textual)

XXIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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