Page:Ruffhead - The Statutes at Large - vol 2.djvu/235

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A. D. 1 533. Anno viccfimo quinto Hen rici VI17. C. 21. 197 be , or ] I itnc of thcChancery the third Pan foi ! he is limited md do b) Virtu of this A , | faid third Part of the whole . the faid Archl ill op, an be divided into three Pa when bifhop fliall have to his 1 , and his Off Ob I have the third Part thereof; (;) o! I Part to ' i', which fliall find Parch- iilk, and fhall devife and write the f.iid Dil nces, Faculties, Refcripl , (ha : repaying of the that fhall conic to his Hands for Difpenfations, Faculties, Licences, and other Refcripts . id, the one Moi 'ty thereof, (6) and the Commifl fi id Auhbifhop appointed to fcal the laid •nces and other Refcripts, fhall have the other Part. XIV. And if the Tax be under «/„/»'• and '"■ x.fhall be divided into three If the Tube iforcfaid, wl ! fs, his Heirs and SuccefTors, fliall have tw reof, ania " Abe to the faid Clerk of the Chancery for fubferibing, intituling and inrpl- not UDil *'• 2 "

Dil'peniati ins, Licences, Faculties, Refcripts and oth aforefaid, and receiving of

ted; (2) and the Archbifliop and his Officers fliall have the third Part, which third ided into two Parts, whereof" the Archbifliop fliall have the one entirely to himfclf, his and Commiflary fhall have the other Part thereof", equally to be divided amongft them for their Colls and Piiins in that Behalf; (•?) and if" the Tax be under *■/. s, and not under xxvi. s. viii. d. the fair.c Tax if the Tax be (hall be divided into two Parts, whereof the one Part fliall be to your Grace, your Heirs and SuccefTors, under tl. «. and deducting thereof ii.s. for the Clerk of the Chancery for his Pains, as is aforefaid ; (4) and the other Part not under jawi.* (ball be to the faid Archbifliop and his Officers, which other Part fliall be divided into two Parts, whereof V "J - d- the Archbifliop fliall have the one, and his Commiflary and Scribe fliall have the other, equally divided amongft them ; (0 and if the Tax be under; x* ..'. s. viii. d. and not under xx. s. the fame fliall be divided if the T« be into two Parts, whereof your Grace, your Heirs and SuccefTors, fliall have one Part entirely, abating //'. s. under jowL 1. thereof to the faid Clerk of the Chancery ; (6) and the Archbifliop and his Officers fhall have the other *".)•<*■ ana no: Part, and the fame other Part fhall be divided into three Parts, whereof the Archbifliop fhall have one, his un " xx,s Commiflary the f'econd, and his Scribe or Rcgifler the third ; (7) and in cafe the Tax be under xx. s. the fame fhdl be perceived to the Ufe of the faid Commiflary, Clerk of the faid Archbifliop, and Clerk of the Chancery, to be equally divided amongft them for their Pains and Labours by them to be fuftained, by Au- thority of this Aft, as aforefaid. XV. Provided always, That this Act fliall not be prejudicial to the Archbifliop of Tori, or to any Bifhop Dii'penfjtions by or Prelate of this Realm ; but that they may lawfully (notwithftanding this Act) difpenfe in all Cafes in other Prelates, which they were wont to difpenfe by the Common Law or Cuftom of this Realm afore the making of this Aa. XVI. Provided alfo, and be it enacted by the Authority aforefaid, That if it happen the See of the Arch- Difpenfation by bifh prick of Canterbury to be void, that then all fuch manner of Licences, Difpenfations, Faculties, In- 'J" Guardian of ftruments, Refcripts and other Writings, which may be granted by Virtue and Authority of this Act, fhall tuc s F' ntualt1 "- (during the Vacation of the fame Sec) be had, done and granted under the Name and Seal of the Guardian of the Spiritualties of the faid Archbifhoprick for the Time being, according to the Tenor and Form of this Act, and fliall be of like Force, Value and Effect, as if they had been granted under the Name and Seal of the Archbifliop for the Time being. XVII. And be it further enacted, That if the forefaid Archbifliop of Canterbury for the Time being, or ARcmedV where the faid Guardian of the Spiritualties for the Time being, hereafter refufe or deny to grant any Licences, the Archbifliop Difpenfations, Faculties, Inftruments, or other Writings, which they be authorifed to do by Virtue and or Guardian of Authority of this Act, in fuch Manner and Form as is afore remembred, to any Perfon or Perfons that "j he s P lr,tu:lll "» ought, upon a good, juft and reafnnable Caufe, to have the fame, by reafon whereof this prefent Act, by n"Jcn°ario"t their Wilfulnefs, Negligence or Default, fhould take no Effect ; then the Chancellor of England, or the Licence". Lord Keeper of the Great Seal for the Time being, upon any Complaint thereof made, fliall direct the King's Writ to the faid Archbifliop or Guardian denying or refufing to grant fuch Licences, Difpenfations, Faculties or other Writings, enjoining him by the laid Writ, upon a certain Pain therein to be limited by the Difcretion of the faid Chancellor or Keeper of the Great Seal, that he fliall in due Form grant fuch Li- cence, Difpenfation, Faculty or other Writing, according to the Requeft of the Procurers of the fame, or elfe fignify unto your Highnefs, your Heirs or SuccefTors, in the Court of Chancery at a certain Day, for what Occaflon or Caufe he refufed and denied to grant fuch Licences, Faculties or Difpenfations; (2) and if it fliall appear to the faid Chancellor or Lord Keeper of the Great Seal, upon fuch Certificate, that the Caufe of Refufal or Denial of granting fuch Licences, Faculty or Difpenfation, was reafon able, juft and good, that then it 10 being proved by due Search and Examination of the faid Chancellor, or Lord Keeper of the Great Seal, to be admitted and allowed. (3) And if it fliall appear upon the faid Certificate, that the faid Archbifliop or Guardian of the Spiritualties for the Time being, of Wilfulnefs in contemning the due Execution of this Act, without a juft and reafonable Caufe, refufed or denied to grant fuch Licence, Faculty or Difpenfation, that then your Highnefs, your Heirs or SuccefTors, being thereof informed, after due Examination had, that fuch Licences, Faculties or Difpenfations, may be granted without offending the Holy Scriptures anil Laws of God, fliall have Power and Authority in every fuch Cafe, for the De- fault, Negligence and Wilfulnefs of the faid Archbifliop cr Guardian, to fend your Writ of Injunction under your Great Seal, out of your faid Court of Chancery, commanding the Archbifliop or Guardian tl fhall fo deny 01 ef ; " j to grant fuch Licence, Faculty or Difpenfation, to make fuffieient Grant thereof, according to . . . . and Effect of this Act, by a certain Day, and under a certain Pain ia the faid Wy it to