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Tithe Act 1536

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[F1V Leases by Vicars and other Spiritual Persons becoming void by their Resignation; Such Leases declared valid for Six Years, after Resignation or other Avoidance by Acte of Lessor: Successors may distrain, &c. for the Rent, &c.E+W

And where also, before this tyme, dyvers and many personnes Vicars and other spirituall persons, being seased for terme of their lyves of and in the said spirituall promocions afore named, as well for great sommes of money to them before hande paid is for other causes & consideracions, have lett in ferme for terme of yeres by sufficient wrytynges their seid personages, Vycarages and other spirituall promocions or parte thereof, unto dyvers and many of the Kynges subjectes, and after suche leases by them so made, the leassours therof have often tymes used to resigne their said benefices or spirituall promocions so dymysed and letten in ferme; by reason of which resignacion and other the Actes of the said leassours, the said benefices and other spirituall promocions have ben voyde, and the title and interestes of the said lesses hath ben therby adnychilate and of none effecte in the lawe, contrary to right and good consciens: For refourmacion wherof and for a quyetnes the better herafter to be hadd and contynued betwene the Kynges subjectes, Be it enacted by auctorite of this present parliament, that from the forsaid first day of May laste paste no maner of suche lease by sufficient wrytyng, hertofore made not herafter to be made by any spirituall person within this Realme of Englonde Wales or the marchies of the same to any lay persone, of any personage Vicarage or other spirituall promocion aforsaid within this Realme, uppon which leasse the rente and services reserved, with other the yerely charges of the lease as in serving the cure and otherwise, shall amount within forty shyllynges by the yere of as moche as the said personage Vicarage or other spirituall promocion aforsaid so letten is rated and valewed atte uppon the Kynges bokes for paying the first frutes, shall be adjudged voide adnychilate or determyned, by reason of any suche resignacion or other avoydaunce, of the said benefice or spirituall promocion so letten, by the oonly acte of the seid leassour; but that every suche [X1leasse or graunte] of any suche benefices or spirituall promocions aforsaid, their executours or assignes, shall have and may enjoye their termes and enterestes of and in the same, for the terme of six yeres to be accompted nexte and immediatly after the said avoydaunce, if the said leassour doo so long lyve, and the leasse so by hym made before doo so long contynewe and endure; and that after suche avoydaunce the successour or successours of every such lessour shall and may distreyn for the rente and servyces so reserved, and have their actions of dett and all other advantages by way of action entre or other wise agaynst the said lessee his executours or assignes for recovery of the said rente and covenaunte uppon the said lease reserved, as the leassour therof myght have hadd if noo such voydaunce hadd ben hadd.]

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Editorial Information

X1Variant readings of the text noted in The Statutes of the Realm as follows: lese or graunte O. — leasee or grauntee Printed Copies. [O. refers to a collection in the library of Trinity College, Cambridge]

Amendments (Textual)

F1S. 5 repealed by Statute Law Revision Act 1863 (c. 125) but reproduced for the purpose of construing the remaining provisions of the Act

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