Page:Ruffhead - The Statutes at Large - vol 3.djvu/226

 178 C. 17. Anno duodecimo Caroli II. A. D. 1660J CAP. XVII. An Adt for the Confirming and Reftoring of Mlnlfters. 'it ' JD ing of others who have been fequeftred or ejected, and are fit to be reftored in and to their feveral Certain ordained ' Ecclefiaftical Benefices, Livings and Promotions, without Force or Suit of Law-^ will much conduce to Minifters having ' the Peace and Welfare of this Church and Kingdom;' (2) Be it enafted by the King's moft Excellent been in aftual Majefty, with the Advice and Confent of the Lords and Commons in this prefent Parliament affembledy fln^ed'°"' '^' 3nd by Authority of the fame. That every Ecclefiaftical Perfon or Minifl:er, being ordained by any Eccle- i rer:, 15. fiaftical Perfons before the five and twentieth Day of December lafl: paft, being of the Age of tour and tv/enty Years, and having not renounced his Ordination, who hath been formerly fince the firft Day of January in the Year of our Lord one thoufand fix hundred forty-two, prefented, nominated to, or placed in, and in adlual PoflTefilon, and taking the Profits of any Ecclefiaftical Benefice, Redlory, Parfon- age, Vicarage, Church, Chapel, Cure, or other Ecclefiaftical Promotion with Cure of Souls, within this Realm of E?igland, Dominion of IFales, or Town of Berwick upon Tiveed, which hath become void, either by Deatli, voluntary Refignation or Surrender, or other Avoidance, to the Patron, or any other Perfon pretending to have Title to accept of Refignations, fince the faid firft Day of January, and be- fore the (aid five and twentieth Ddif of December laft paft, and was on the faid five and twentieth Day of Dece?nber in PoflefiTion, and received the Profits thereof, being in the Gift, Donation, Prefentation, Collation or Nomination of the King's Majefty that now is, or of his late Royal Father King Charles the Firft, in Right of the Crown, or by Reafon of Wardihip or any other Title, or of any Archbifliop, Bilhop, Dean, Dean and Chapter, Prebend, Archdeacon, Body Politick or Corporate, or of any other Perfon or Perfons whatfoever, other than fuch as are hereby reftored, (hall be and is hereby declared, ad- judged and enadted to have been, be and continue the real and lawful Incumbent, Parfon, Rector, Vicar and PofiTefibr of the faid Ecclefiaftical Benefices, Livings and Promotions refpeclively, to all la- 13 Eliz. c. 12. tents and Purpofes whatfoever, as if he or they had been nominated, prefented, collated, admitted, in- ' 3> ftituted and induded thereunto, or placed therein, in due Form of Law, and had read and fubfcrihed the Articles according to the Statute in that Cafe made and provided, and notwithilanding any other The King Matter or Thing by him or them done or omitted to be done; (3) and that as well againft the King's bound. Majefty, and againft his Heirs and Succeflbrs, as againft all and every other Perfon and Perfons, Bo- dies Politick and Corporate whatfoever, and their refpedtive Succeffors, Heirs, Executors, Adminiftrators The next Avoi- and Affigns ; (4) faving to the Patrons and every of them their juft Right of Patronage, Donation, Pre- dance to be in fentation. Collation or Nomination, upon the next Avoidance of every fuch Ecclefiaftical Perfon, Mi- the rightful Pa- niflgr or Licumbent hereby confirmed as is aforefaid, in as full and ample Manner as if this Aft h^ ''°"^' not been made. Voluntary Re- IL And be it enafted by the Authority aforefaid, That every voluntary Surrender or Refignation ma^ ligaations con- ^,y jj,-jy Incumbent to the Patron of any Benefice, or to any late pretended Powers fince the faid fii' firmed Ti-a-Y. o^ January, of any Ecclefiaftical Benefice or Promotion, ftallbe adjudged as an efl^edual Avoixian_ of fuch Benfice or Promotion, as if the fame had been made to the competent Ordinary, and accepts by him. The former Pre- III. And be it further enacSled, That no Prefentation, Collation or Difpofition aforefaid,. nor Confit-: fcntations,&c, ^lation by this A(5t, of any Parfon or Minifter, in or to any Ecclefiaftical Benefices, Livings or Pro-; Ufurpation!"' motions aforefaid, fliall be conftrued or adjudged to amount to any Ufurpation in Lav/, to the Pre-: judice of any Perfon or Perfons, Bodies Politick or Corporate, who have or Ihall have Right to prefent i thereunto upon the faid Avoidance. HowthePerfons IV. And be it further enafted. That every Ecclefiaftictd Perfon or Minifter, formerly fequeftred or are'to be'quaU. ejefled, difpoflTefled and kept out after lawful Prefentation and Perception of the Profits of any of fied. ' the faid Ecclefiaftical Benefices, Livings or Promotions, which hath not fubfcribed any Petition to bring the late King Charles of Blefi"ed Memory to Trial, or which hath not by Writing, Preaching, Printing', or any other open K&. procured, endeavoured, or juftified the Murther of the faid late King, or which hath not by Preaching, Printing, Writing, or conftant Refufal to Baptize, declared his Judgment to The Time how ^^ againft Infant-Baptifm, ftiall be reftored to the fame, and to the Pofi"effion thereof, at or before the long the prefent five and twentieth Day of December next enfuing; (zj and that every Ecclefiaftical Perfon aforefaid, Incumbent Ihall who fliall be removed, fliall or may enjoy the Tithes, Profits, Duties, Glebes and Houfes thereunto i stay m. belonging, until the faid five and twentieth Day of December next enfuing, and fliall then upon fuch i Removal peaceably leave or yield up the Pofleflion thereof, and (hall alfo give his Penal Bond to the ;■ Parfon or Minifter fo to be reftored, to render to him, his Executors, Adminiftrators and AlTigns, the.' The Moiety of full Moiety of the clear Profits and Tithes, or the Value thereof, (to be afcertained by the Com-i the Livir.K to'^be miffioners hereafter appointed under their Hands) fi-om Michaehnas lall paft to Michaelmas next enfuing, ' patdrot'here- (all Tax^es and Other requifite Charges and Expences firft deduced and allowed) before the Removal) iloted Minifters, of the Goods of the Parfon or Minifter fo to be removed, or the Tithes or other Profits from the fame, at or upon the faid five and twentieth Day of Z)fff»?iJi'r; (3) and the faid Parfon or Minifter fo to be removed, upon his quitting the PofTelFion at the Time aforefaid, (hall be and is hereby abfolutely dif- charged and acquitted from all Tithes and Profits received, and all and every Arrears thereof, other than the Moiety of the Profits and 'Fithes fecured by Bonds aforefaid, before and until the faid Feail of Saint Michael next enfuing, againft the Parfon or Minifter fo reftoreJ, his Executors, Admmiftrators and Aifigns, and againft all other Perfon or Perfons whatfoever. V. Pro-
 * T?Orafmuch as the Confirming of fome Ecclefiaflical Perfons and Minifters in Poffeffion, and refto-