Page:Ruffhead - The Statutes at Large - vol 3.djvu/227

 A. D. 1660. Anno duodecimo Carol i 11. *C. 17. iy V. Provided always. That every Minifter, not fcandalous, ignorant or infufficient, as aforefaid, being No Minifter proved, as aforefaid, heretofore fequeftred or ejefted out of two or more Ecclefiaftical Benefices or Liv- IbolToneB^ne, mgs with Cure of Souls, fhall be reftored to one of them and no more, at his Eledtion, except where he fioe. hath formerly refigned or furrendred any of the faid Benefices or Livings, and thereupon the right Patron, or any other in his Right, hath prefented, collated, nominated, placed or put into the fame any other Incumbent or Minifter, as aforefaid, in which Cafe the faid fequeftred or ejeded Minifter fhall not be reftored to fuch Benefice or Living fo refigned or furrendred, as atorefaid. VI. Provided alfo by the Authority aforefaid, That every Minifter who by Virtue of this A6t is con- firmed in any Ecclefiaftical Benefice or Living with Cure of Souls, which ftiall have more than one Eccle- fiaftical Benefice or Living with Cure of Souls, ftiall hold and enjoy only one of them, and no more, at his Ele<5tioa ; except where he hath formerly refigned or furrendred any of the faid Benefices or Livings, and thereupon the right Patron, or any other in his Right, hath prefented, collated, nominated, placed, or put into the fame any other Incumbent or Minifter, as aforefaid, in which Cafe the Minifter fo to be confirmed ftiall and may retain and keep the Benefice or Living which he hath not fo refigned or furren- dred, as aforefaid. VII. And be it likewife enafled. That where the Parfon or Minifter formerly fequeftred or ejedled, (hall The Party to t» declare his Cunfent in Writing before the Commiflioners appointed by this Adt, that the prefent Poffeflbr, reftored may being not fcandalous, ignorant or infufficient, ftiall be and continue in fuch fequeftred Benefice, Living f°nt Pciffeffor'7* or Promotion, that in fuch Cafe the prefent Pofl^efibr fliall be hereby fettled and confirmed therein, as Right. the fole and rightful Incumbent and Poffeflbr thereof to all Intents and Purpofes; any former Statute or Law to the contrary notwithftanding : (2) And that every Parfon or Minifter who fliall be removed by Party removed this A<51, ftiall pay all Tenths not pardoned, and repair or make Satisfadlion for all wilful or negligent 'nj' nr^*""f^' Dilapidations made or fuffered by him, of, in or upon the Premifles or any of them, fince'the twenty- Dilapidations?' ninth of September laft ; (3) and ftiall likewife pay or fatisfy all Fifths, or any other Sum in Lieu of ^nd pay Fifths, Fifths, which were in arrear or unpaid at the Feaft of Saint Michael the Archangel laft paft, due or pay- able by him, by any Order or Orders not reverfed, of any Committees or Commilfioners formerly ap- pointed and authorized by any pretended Authority or Authorities whatfoever, to grant or fet out the fame, or otherwife pay or fatisfy all Arrears then due of any Sum or Sums of Money payable by Agree- ment of the Parties, and not fince quitted by like Agreement, the fame to be afcertained by the faid Commiflioners : (4) For Payment whereof the Minifter fo to be removed, before his Removal fliall alfo Bond for them, give his penal Bond or Bonds unto the Minifter to be reftored, to pay the fame before the five and twen- tieth of December next ; and if he fhall refufe to give fuch Bond or Bonds as aforefaid for the Payment I thereof, that then the Minifter fo to be reftored, fliall be and is hereby enabled to bring an Aftion of AdKonforthem. Debt at the Common Law for the faid Arrears, and fhall recover over and above the faid Debt the full Value in Damages, befides Cofts of Suit. VIII. And it is further enafted by the Authority aforefaid. That every Ecclefiaftical Perfon or Minifter Fifths. I now in PofTeflTion of any Ecclefiaftical Benefice, Living or Promotion, which fliall continue and be fettled i^^ |J'. therein by Virtue of this Ad, fhall pay all fuch Arrears of Fifths or other Sums of Money in Lieu i sid. 88. ' I thereof, due or payable by him by_ any fuch Order or Orders, or Agreement as aforefaid: Or to Mr. Honywood, Parfon of Kegivorth in Leicejierjhire, who hath been beyond Sea fince the faid firft of Mr. Honey- yanuary one thoufand fix hundred forty-two, who hath therefore had no Order nor Agreement for his wood. Fifths as have accrued due or payable out of fuch Ecclefiaftical Benefice, Living or Promotion, during fuch Time as he hath been poflsfTed thereof, to fuch Parfon or Minifter as hath been formerly ejeded or fequeftred out of the fame. ' IX. And whereas divers Fifths, or Sums of Money in Lieu thereof, are in Arrear and unpaid by fuch Arrears of ' as have been formerly pofTefTed of fequeftred Livings;' (z)It is further enaded by Authority afore- ^'''^^' faid. That €very Ecclefiaftical Perfon or Minifter now living, or the Executors or Adminiftrators of every Ecclefiaftical Perfon or Minifter deceafed, to whom any Fifths, or Sums of Money in Lieu thereof, are or were due or payable by any fuch Order and Agreement, or to the faid Mr. Honeyivood as aforefaid, and are yet in Arrear, fhall have the faid Fifths or Sums of IVIoney in Arrear as aforefaid, paid unto them refpedively ; (3) and they are hereby refpedively enabled to recover the fame by Adioii of l3ebt at the Common Law, to be brought againft every fuch Parfon or Minifter who ought to have paid the fame by Virtue of any fuch Order and Agreement or to the faid Mr. Honyivood as aforefaid, during the refpedive Pofi"efrion of fuch Ecclefiaftical Benefice, Living or Promotion, of or for which the faid Fifths, or. Sums of Money in Lieu thereof, were or ought to have been or to be paid ; in all which Adions, no Effoin, Wager of Law or Protedion fliall be allowed : (4) And that no Perfon to whom Fifths have been formerly paid fhall be hereafter queftioned for the fame. X. And be it alfo enaded, That every fuch Ecclefiaftical Perfon or Minifter, that ijs or fliall be by Arrears of Virtue of this Ad removed out of or confirmed in any fuch Benefice, Living or Promotion, which now '^"^''s- is orhath'been polTefTed as aforefaid, his or their Executors, Adminiftrators and Affigns, fhall be and is refpedively enabled to have, hold and enjoy all the mean Profits already received, and to receive, re- cover, colled or compound for and enjoy all and every the Arrears of Tithes, Profits or Duties there- unto belonging or which fliall belong thereunto, incurred during fuch Time as he was fo Pofleflbr thereof, ' and before or until the Feafl of St. Michael the Archangel now next enfuing, and to fue for the fam.e in any Court of Common Law or Equity, as if he or they had been and were the true and lawful Incum- bent or PoffefiTor of fuch aforefaid Ecclefiaftical Benefice, Living or Promotion. XI. Provided alfoy and be it enaded by the Authority aforefaid. That if any Minifter or other fuch PerfiMsreflored Ecclefiaftical Perfon as aforefaid, having any Ecclefiaftical Benefice or Living with Cure of Souls, who how to be qua. < ir> 'before in and "by this Ad declared, adjudged and^enaded to continue the real and lawful Incumbent ' ' ' tliereof, which hath petitioned to bring the late King Charles of BlefTed Memory to Trial, or which hath A a 2 by