Page:Ruffhead - The Statutes at Large - vol 3.djvu/472

 424- C. i6 — 1 8. Anno primo GuLiELMi & Mari^. A.D. 1 31 El. c. 6. SimoniacaJ Con- tr-at5l wtuTC it fliall nol pre- judice;. 'V:n. V. rg. 455; &c. a Hmv. P. C. 389 &= 396. Lcafe made bona fide by Simonift good. _ See farther I3 C A P. XVI. An A61 that the Simoniacal Promotion of one Perfon may not prejudice another. WHEREAS it hath often happened, that Perfons Simoniack or Simoniacally promoted to Bene- fices or Ecclcfiaftical Livings, have enjoyed the Benefit of fuch Livings many Years, and fome- times all their Life-t'me, by realbn of the fecret Carriage of fuch Simoniacal Dealing ; and after the Death of fuch Simoniack. Perfon, another Perfon innocent of fuch Crime, and worthy of fuch Preferment, being prefented or promoted by another Patron innocent alfo of that Simoniacal Contract, have been troubled and removed upon Pretence of Lapfe (or otherwifej to the Prejudice of the innocent Patron in Reverfion, and of his Clerk, whereby the Guilty go away with Profit of his Crime, and the innocent fucceedmg Patron and his Clerk are punifhed, contrary to all Reafon and good Confcience :' IL For Prevention v/hcreof, be it enadtcd by the King's and Queen's moll Excellent Majefties, by and with the Advice and Confent of the Lords Spiritual and Tempcn-al, and Commons, in this prefent Parlia- ment afiembled, and by the Authority of the fame. That after the Death of die Perfon fo fimoniacally pro- moted, the Ofi^ence or Contraft of Simony fliall, neither by way of Title in Pleading, or in Evidence to a Jury, or otherwife, hereafter be alledged or pleaded, to the Prejudice of any other Patron innocent of Si- mony, or of his Clerk by him prefented or promoted, upon Pretence of Lapfe to the Crown, Metropo- litan, or otherwife, unlefs the Perfon Simoniack or fimoniacally prefented, or his Patron, was conviftedof fuch Offence at the Common Law, or fome Ecclefiafl:ical Court, in the Life-time of the Perfon Simoniack or fimoniacally promoted or prefented ; any Law or Statute to the contrary notwithllanding. in. And be it alfo provided, enacted, and declared by the Authority aforefaid, That no Leafe or Leafes, really and bona fide made, or hereafter to be made, by any fuch Perfon as aforefaid Simoniack or fimonia- cally promoted to any Deanery, Prebend, or Parfonage, or other Ecclefiafl:ical Benefice or Dignity, for good and valuable Confideration, to any Tenant or Perfon not being privy unto, or having Notice of fuch Simony, fliall be impeacheJ or avoided for or by reafon of fuch Simony, but fhall be good and effedtual in Law, the faid Simony notwithfianding. Ann- fiat, 2. c. 12. . . Supra c. 9. Sbn'cx changed wno £lVes. The Teveral Laws not fo tend to Dif- ientcrs. 23 Eliz. c. ag Eliz. t. J E'.ij. c. i. §■ If. 3 J^c. I. c. 3J.IC, I. c. CAP. xvir. An A£l for redtifying a Miftake in a certain A6t of this prefent Parliament, For the amoving Papifis from the Cities of London aM Weftminfter. HERE AS in an A£t. of this prefent Parliament, intituled. An ASi for the amoving Papijis, and reputed Papifis, from tloe Cities i!/" London and Weftminfter, and ten Aides Dijiancefrom the fame, • the County of SuJJ'cx is'by Miftake in the faid Aft inferted for the County of Eff'ex :' II. Be it enafted by the King's and Queen's moft Excellent Majefties, with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament afiembled, and by the Au- thority of the fame. That all and every the Powers and Authorities by the faid recited Act given to the Tuftices of the Peace of the County of Sujfex, be . and are hereby declared aftd enafted to extend to the County oi EJJex, and the Jufl:ices of Peace of the faid County of EJJ'ex, and Limits thereof. CAP. XVIIL An Aft for exempting their Majefties Proteftant Siibjefts, diflenting from the Church of i| England, from the Penalties of certain Laws. ' T7ORASMUCH as fome Eafe to fcrupiilous Confciences in the Exercife of Religion may be an effec- || ' J/ tual Means to unite their Majefties Proteftant SubjecSts in Intereft and Affeftion :' J II. Be it enacled by the King's and Qiieen's moft Excellent Majefties, by and v/ith the Advice and Con- ■''- fent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament afl^embled, and by the Authority of the fame, That neither the Statute made in the three and twentieth Year of the Reign of the late Queen Elircahcth, intituled. An A£l to retain tlje ^teen's Majejifs Stdjefis in t/mr due Obedience', nor the Statute made in the twenty-ninth Year of the faid Qiieen, intituled. An Aa for the morejbeedy and due Execution of certain Branches of the Statute made in the three and twentieth Tear of tin Queen's Majefly's Reign, viz. the aforefiiid Afl: ; nor that Branch or Claufe of a Statute m.ade in the firft Year of the Reign of the faid Qi^iecn, intituled, An Ad for the Unifortnity of Common Prayer and Service in tJje Church, anil Adrm- nl/iration of the Sacraments -, whereby all Perfons, having no lawful or reafonable .Excufe to be abfent, are required to refort to their Parifii Church or Chapel, or fome ufual Place where the Common Prayer fiiajl te ufed, upon Pain of Punlftiment by the Cenfures of the Church, and alfo upon Pain that every Perfon > fo o'Tcnding ftiall forfeit for every fuch Oftence twelve Pence ; nor the Statute made in the third Year of ^ the Reign of the late King Ja77ies the Firft, intituled. An Ael for tin better difcovering and repreffing Popijh " Recufants; nor that other Statute made in the fame Year, inti^tulcd. An A£f to prevent and avoid Dangers >• ■' . whub