Page:Ruffhead - The Statutes at Large - vol 3.djvu/392

 344 G. II. Anno v'cefimo fecundo Caroli II. A. D. 1670. Saint Mary Cole- Church. A Free.fchooi. ' LXXI. AnJ whereas the Wardens and Commonalty of the Myftery of the Mercers of the City of Lo/u/.n, at the Time of the faid Fire, were feifed in Fee of the Redory and Parifli-Church imprnpiiate of 5/. Mary CoL'- Church, (the faid Church heiiig an Upper-Room about ten Foot higher than the Stieet, and lying over certain Rooms and arched Vaults or Cellars of the faid Wardens and Ccmmonaky) upon the Site of which Church they have defigncd to build a Free-fchool, and other Buildings conformable to the Rules of the faid former Adt, and to remove the dead Bodies and Bones of fuch as have been buried Provifion that Parfons miy not be fued for Dilapidations. Parfons an-^ Vicars exempt- ed from FirH- fniits, Tenths and P^hfions. 'Indemnified for not reading the t.hirty-njne Ai titles. Impowercd to let Leaf^s of their Giebe-Lands. Ta'O Poflei-n'at Ludgate, and the Gate to be tnlarged. and Commonalty, and their Succefiors for ever : And that the faid Wardens and Commonalty flral! pay to the Lord Mayor and Aldermen of the City of London for the fame, fuch Sum of Money towards the Re- building of the Church whereunto the fame is by this Act appointed to be united, as fhall be agreed upon between the laid Lord Mayor and Aldermen, and the faid Wardens and Commonalty, or be aiiefled by a Jury impanelled and fworn, as by the faid former Acl is dire£led in any other Cafe; any Thing in this Acl to the contrary notwithftanding. ' LXXJL And whereas feveral Pari{h-Churches, Chancels, Parfonage and Vicarage Houfes were con- ' fumed in the late difmal Fire ; to the End therefore the Incumbents, Parfons and Vicars may not be liable to ' the Rebuilding of their Chancels, Parfonage and Vicarage Houfes, nor to be fued for Dilapidations ;' (2) Be it enadled by the Authority aforefaid, That the Incumbents, Parfons and Vicars of the aforefaid Churches, their Executors and Adminiftrators, fhall be and are hereby indemnified, as to the Rebuilding of their re- fpedlive Chancels, Parfonage and Vicarage Houfes, and fhall not be liable to any Suits, Troubles or Mo- leftations that may arife for Dilapidations aforefaid ; and that no Procefs fhall be iiTued out of any Court whatfoever againft the Perfons aforefaid, for their not Rebuilding their refpeftive Chancels and Parfonage and Vicarage Houfes; any Law or Statute to the contrary in any wife notwithftanding. ' LXXIII. And whereas Firft-fruits, Tenths and feveral Penfions are from the faid Parfons and Vicars ' £0 be yearly paid to his Majefty, and feveral Duties to the Ordinary and Archdeacon,' That his Majefty will he graciouily pleafed, that it may be enacted ; and be it further enacted by the Authority aforeliiid. That the faid Parfons and Vicars be indemnified, and are hereby indemnified, from the Payment of all Firfl:-Fruits, Tenths and Penfions due and which {hall be due to his Majefty, and from all Dues to the Ordinary and Archdeacon, and all other Dues whatfoever chargeable upon them refpectively, until fuch Time as they fhall receive the Profits arifing from the fame as formerly: (2) And that no Procefi (ball be iiTued out of any Comt whatfoever againft the Perfons aforefaid, for their Non-payment of Firft-fruits, .Tenths, Penfions or any other the Dues aforefaid ; any Law or Statute to the contrary in any v/ife notr ■wifhftanding. ' LXXIV. And whereas divers Minifters have been already fmce the Fire, and may be from Time to ' Time prefented and inftituted, and being fo are liable to the Forfeitures of their feveral Livings for not ' reading the thirty-nine Articles, and for not doing other Things enjoined by Law in their feveral Parifh- ' Churches;' (s) Be it enabled by the Authority aforeiaid. That all fuch Minifters as have been or fliall be fromTime toTime prefented and inftituted fince the faid Fire, be and are hereby indemnified from the fe- veral Penalties and Forfeitures incurred and to be incurred by or for not Reading of the thirty-nine Articles, or not doing other Things enjoined by Law as aforefaid, until fticli Time as the faid feveral Churches be re-edified or made fit for publick Worihip. ' LXXV. And whereas the faid Parfons and Vicars, or fome of them, are interefted in feveral Glebe ' Lands or Grounds, the which they cannot rebuild themfelves, nor let fuch Leafe or Leafes as may be an ' Encouragement for others to rebuild the fame;' (2) Be it enacted by the Authority aforefaid. That the faid Parfons and Vicars and every of them refpeclively, be impovvered and are hereby impowered to let fuch Leafe or Leafes of their faid Glebe Lands or Grounds, with the Confent and Approbation of the Pa- tron or Patrons and Ordinary, for any Term not exceeding forty Years, and at fuch yearly Rents without Fine, as can be obtained for the fame ; (3) and that no Lapfes incurred upon any Non-prefentation in due Time of any of the Patrons of the faici Livings fince the faid Fire flrall any Ways prejudice or make void the Prefentarions that the faid Patrons have imce made, whereupon any Incumbent is fince inftituted and indufted ; any Law or Statute to the contrary in any wife notwithftanding. LXXVI. Provided always, and it is hereby dechired and enacSced, That if the Mayor and Commonalty and Citizens af the Said City of London lliall be concerned in Eftate or Title in any Controverfy or Diffe- rince, whereof the Determination is by this or the aforefaid A£t referred to the Hearing and Judgment of the faid Mayor and Court of Aldermen ; that then and in every fuch Cafe the Jufticcs of the Courts of ..King's Bench and Common Pleas and the Barons of the Coif of the Exchequer for the Time being, or any three or more of them, upon Complaint to them made, fliall be and are hereby authorized to hear and finally order and determine the fame ; any Thing in this or the aforefaid A(ft to the contrary notwith- ftandina;. LXXVII. Provided always, and be it enacted,, and the Lord Mayor and Court of Aldermen are hereby authorized and required to caufe to be made two Pofterns, one on either Side of the Gate commonly called Ludgate, for the better Eafc and Convenience of Foot-Paffengers, and in order hereunto are alio impowered to enlarge the faid Gate as they fhall find Caufe. ' LXXVIIJ. And whereas by the faid A6f for the rebuilding the City oi London, it was enafted. That ' where any Ground formerly builded upon (the Houfes whereupon built were demoliflred -it the Time of ' the faid late Fire) fhould not within three Years then next eniuing be rebuilded upon, Then after Pro- ' clamation publickly made, and Inquiry and Valuatioir made and taken of the Ground whereupon fuch ' Houfes were fituate, by Inqueft of a Jury, in fuch- Sort and Manner as in and by the frid Aft is men- ' tioned and appointed, the faid Mayor and Aldermen, and Common Council might make Sale thereof:' [z] It