Page:Ruffhead - The Statutes at Large - vol 3.djvu/228

 i8o C. 17. Anno duodecimo Caroli II. A. D. 1660. to execute this Aft, without i"urtiier Suit. by Writing, Preaching, Printing or any other open A€t, procured, endeavoured or jufljfied the Murder of the late King, or which hath by Preaching, Printing, Writing or conftant Refufal to baptize, de- ■ clared his Judgment to be againft Infant-baptifm, that then fuch iVIinifter or other Ecclefiaffical Perfon fhall hot remain, continue and be or be taken to be the real and lawful Incumbent of the Ecclefialiical benefice or Living, but the fame (hall become, and is hereby declared to be void to all Intents and Pur- pofes, as if the faid Minii^er or other Ecclefiafbical Perfon were dead, and that the Patron who hath the next and immediate Right to prefent unto the fame, fhall and may prefent unto the faid Ecclefiaftical Be- helice or Living, as in Cafe of Vacancy or Avoida^nce by Death of the Incumbent ; any Thing in this Aft contained to the contrary thereof notwithftanding. jiirticesofPe.ice, XII. And it is further enaded, That the Perfons in Commiflion of the Peace in the feveral Counties Commiffionerii ^^f ^j^^^ Realm, the Dominion of I'f^aks and the Town oi Bertvick M^onTweed, on the firfl Day oi Sep- tember one thoufand fix huiidred and fixty, within their refpe<51:ive Counties, Limits and Precinfts, or ajiy JFiye orinore of rhem, living or dwelling next to the Church or Living to which any fuch Parfon or Mini- iler is to be reftored, or from wlilch any fuch Parfon or Minifter is to be removed, and who are no Ways intereiied as Patrons or Parties in the Patronage or Tithes of the faid Church or Living or any Part thereof, iliail be and are hereby conitituted, appointed and authorized to be CommifTioners to execute all and fmguiar the Powers and Authorities hereby granted within their refpeclive Counties and Precinds, fyr and concerning the Removing and Reftoring of fuch Parfons and Minillers as aforefaid, and all other the PremilTes, and finally to determine all Differences touching the fame, until the five and twentieth of A') fornier Suits Jjeceniher next ; and that all Suits and Adions in Law or Equity, and all Proceedings and Verdicfts there- upon had or to be had, for, touching or concerning the Premiffes or any of them, Ihail be and are here- by ftayed, barred, annulled and avoided. XIII. Provided always, and be it enafted. That all Grants and Leafes madefor a valuable Confideration paid or given, of any Copyhold or Freehold Lands belonging to any fequeftred Living or Redfory (ex- cept the Glebe and Tithes) for three Lives, or twenty-one Years, accroding to former Ufage, wherein fhe ancient Rent is referved, made by any Minifter or Ecclefiaftical Perfon pofleffed of the faid Rec'lory or Living by any real or pretended Authority, before the five and twentieth of December one thoufand fix, hundred fifty-nine, Ihall continue as good and efFeftual in Law to all Intents againfl the ejedled and hi queftred Incumbent to be reftored, and all others, as if they had been made by the proper Incumbent. ■ XIV. Provided always, and be it further enaded. That if any rightful Patron hath heretofore pre-^ fented his Clerk to any Benefice with Cure of Souls, being then void, unto thofe Perfons who were ftilerf i'AA Commiiiioners for Approbation of publick Preachers fitting at TPTjitchall, or the Committee for plundered prove"rs! fett?ed Minifters, who fat in the Year one thoufand fix hundred fifty and nine, and the fame Clerk fo prefente^ , ' ■ ' was refufed to be admitted without any lawful Caufe, that then fuch Clerk (hall be taken, and is hereb* enaded to be the perfed Incumbent of fuch Benefice, to all Intents and Purpofes ; any Thin? in this Adl to the contrary notwithftanding ; unlefs fuch Patron liave fince prefented another Clerk to fuch Bene- fice who now is poffefled thereof, or unlefs fuch Clerk fo prefented and refufed, as aforefaid, be fince prefented to and fettled in fome other Benefice. XV. Provided that this Ad, nor any Thing therein contained, fhall not extend or be conftrued to con- firm or continue any Perfon in any Benefice or Ecclefiaftical Living or Preferment, which hath fince the faid five and twentieth Day of December laft voluntarily yielded up and left the Poflefllon of the faid^ Benefice or Ecclefiaftical Living or Preferment, and is ftiJl out of Polfeflion thereof, or which by any ij Writing executed under his Hand and Seal, hath agreed to yield up and leave the PofTefTion thereof. Agreement XVlf Provided alfo, and it is hereby declared. That where there hath been any Agreement between; made for Fifths the Perfons concerned in this Ad for the Acquittal of the Minifter who ought to have paid Fifths of ani confirmed. ^^^^^ ^^ {^.vae, or any Part thereof, that in fuch Cafe no Fifths or Satisfadion for Fifths fhall be claimed mads void. Certain Leafes tnziehy Mini- fters coiinrmed. Minitlers re- fufed tobeap proved hy the in their Churches, None to be re- ftored who de- serted tlieir Li- vings. Payments of Tithes, &c. to the piefent Pof- feffors, a good Difcharge, or paid contrary to the faid Agreement. XVII. Provided always, and be it enaded. That all and every Perfon and Perfons who have paid of)
 * isfied by Compofition or otherwife, any Tithes, Penfions, Oblations, Obventions, Rents, or other

Tat Ecclefiaftical Duties belonging to any Redory, Vicarage, or other Ecclefiaftical Benefice or Promotion^. to any Perfon or Perfons being in Poffeffion, or receiving the Profits thereof by Colour or Pretence of' any Authority, or to their Afligns, or any others claiming from, by or under them, fhall be and are hereby difcharged of and from the fame Tithes, Penfioiis, Oblations, Obventions, Rents and otlier Ecclefiaflical Duties, againft all and every Perfon and Perfons whatfoever. XVIII. Provided always. That neither this Ad, nor any Thing therein contained, fhall extend tOfS confirm or eftablifh the Poirefilon of the Redory oi Ewehiu in the County oi Oxoa, with nomas Coky or any other Perfon or Perfons who have lately by Virtue of any pretended Title entred into the fame;," but that the faid RecT:ory be reftored to Robert Saunderfon, Dodor in Divinity, and Reg'ms Profeffor ii> the Univerfity of Oxon^ to be enjoyed by him and his Succeflbrs, according to a Grant made thereof by this late King Jmnes unto the Regius Profeffor of Divinity for the Time being, and his SiiccefTorsfi-J for ever. ;■' XIX. Provided alfo. That nothing herein contained fhall confirm or eftablifli the Poflefllon of the Redorv of Somcrlham in the County oi Huntington ^ with any Perfon who hath by Virtue of any pre- tended 'Title entred into the fame; but that the faid Redory be reftored to Dodor Anthony Tiichiey,, the, prefent Regius Prof for o^Iivt^ the Univerfity of Gvwmrt'e-^, to be enjoyed by him and his Sue- ■ ceffors, according to a former Grant .thereof made unto the Regius Profeffor of Divinity for the'Tiine; being, and his Succeilors for ever ; .any Thing herein contained to the coni:rary notwithftanding. j Oathtobetaken X5f., Provided alfo. That this Ad, or any Thing therein^ contained, Ihall notextend to confirm or re- > »iy Perfons te» ftorg afw Ecclefiaftical Perfon or Minifter in or to any Benefice, Living or. Ecclefiaftical .Promotion, that ' ..... : fliarf/' it Thefe Reftories not within this AQ. Iwelnrie Rac- tory. Somerfhatn Reftory. ftored>