Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act.
Certain ordained Ministers, having been in actual Possession, restored.; The King bound.; The next Avoidance to be in the rightful Patrons.
FORASMUCH as the confirming of some Ecclesiasticall persons and Ministers in possession and restoreing of others who have beene sequestred or ejected and are fitt to be restored in and to their severall Ecclesiasticall Benefices Liveings and Promotions without force or suite of Law will much conduce to the peace and welfaire of this Church and Kingdome. Bee it enacted by the Kings most excellent Majestie with the advice and consent of the Lords and Commons in this present Parliament assembled and by authoritie of the same that every Ecclesiasticall person or Minister being Ordained by any Ecclesiasticall persons before the five and twentyeth day of December last past being of the age of fower and twenty yeares and haveing not renounced his Ordination, who hath beene formerly since the first day of January in the years of our Lord One thousand six hundred forty two presented, nominated to, or placed in, and in actuall possession, and takeing the profitts of any Ecclesiasticall Benefice Rectory Parsonage Viccarage Church Chappell Cure or other Ecclesiasticall promotion with cure of Soules within this Realme of England Dominion of Wales or Towne of Berwicke upon Tweede which hath become void either by death, voluntary resignation or surrender or other avoydance to the Patron, or any other person pretending to have title to accepte of resignations since the said first day of January and before the said five and twentyeth day of December last past, and was on the said five and twentyeth day of December in possession and received the proffitts thereof being in the gifte donation, presentation collation or nomination of the Kings Majestie that now is, or of his late Royall Father King Charles the first in right of the Crowne, or by reason of Wardship or any other title, or of any Archbishop Bishop Deane, Deane and Chapter Prebend Archdeacon Body Pollitique or Corporate or of any other person or persons whatsoever other then such as are hereby restored shall be and is hereby declared adjudged and enacted to have beene be and continue the reall and lawfull Incumbent Parson Rector Viccar and possessor of the said Ecclesiasticall Benefices Liveings and Promotions respectively to all Intents and purposes whatsoever as if he or they had beene nominated presented collated admitted instituted and inducted thereunto or placed therein in due forme of Law and had read and subscribed the Articles according to the Statute in that case made and provided, and notwithstanding any other matter or thing by him or them done or ommitted to be done, And that as well against the Kings Majestie and against his Heires and Successors as against all and every other person and persons Bodyes Pollitique and Corporate whatsoever and their respective Successors Heires Executors Administrators and Assignes, Saveing to the Patrons and every of them their just right of patronage donation presentation collation or nomination upon the next avoidance of every such Ecclesiasticall person Minister or Incumbent hereby confirmed as is aforesaid in as full and ample manner as if this Act had not beene made.
II.Voluntary Resignations by Incumbent confirmed.
And be it Enacted by the Authoritie aforesaid that every voluntary surrender or resignation made by any Incumbent to the Patron of any Benefice, or to any late pretended powers since the said First day of January of any Ecclesiasticall Benefice or Promotion shall be adjudged as an effectuall avoidance of such Benefice or Promotion as if the same had beene made to the competent Ordinary and accepted by him.
III. The former Presentations, &c. shall make no Usurpation.
And be it further Enacted that noe presentation, collation, or disposition aforesaid, nor confirmation by this Act of any Person or Minister in or to any Ecclesiasticall Benefices Liveings or Promotions aforesaid shall be construed or adjudged to amount to any usurpation in Law to the prejudice of any person or persons Bodyes Pollitique or Corporate who have or shall have right to present therunto upon the said avoidance.
IV. How the Persons to be restored are to be qualified.
The Time until when the present Incumbent shall stay in; to give Bond on removal to pay moiety of Profits of Living to restored Minister.; Discharge to Minister removed.
And be it further Enacted that every Ecclesiasticall Person or Minister formerly sequestred or ejected dispossest and kepte out after lawfull presentation and perception of the proffits of any of the said Ecclesiasticall Benefices Liveings or Promotions which hath not subscribed any Petition to bring the late King Charles of blessed memory to tryall, or which hath not by writeing preaching printing or any other open Act procured endeavoured, or justified the murther of the said late King, or which hath not by preaching printing writeing or constant refusall to Baptize declared his judgement to be against Infant baptisme shall be restored to the same and to the possession thereof at or before the Five and twentyeth day of December next ensueing. And that every Ecclesiasticall person aforesaid who shall be removed shall or may enjoy the Tythes Proffits Dutyes Gleebe and Houses therunto belonging untill the said Five and twentyeth day of December next ensuesing, and shall then upon such removall peaceably leave, or yeild up the possession thereof, and shall alsoe give his penall Bond to the person or Minister soe to be restored to render to him his executors administrators and assignes the full moyetie of the cleare proffitts and Tythes or the value thereof (to be ascertained by the Commissioners hereafter appointed under their hands) from Michaelmas last past to Michaelmas next ensueing, (all Taxes and other requisite charges and expences first deducted and allowed before the removall of the Goods of the person or Minister soe to be removed) or the Tythes or other proffitts from the same at or upon the said Five and twentyeth day of December And the said person or Minister soe to be removed upon his quitting the possession at the time aforesaid shall be and is hereby absolutely discharged and acquitted from all Tythes and proffits received, and all and every arreares thereof, other then the moyetie of the proffitts and Tythes secured by Bonds aforesaid before and untill the said Feast of Saint Michaell next ensueing against the person or Minister soe restored his executors administrators and assignes and against all other person or persons whatsoever.
V. No Minister to be restored to above one Benefice.; Exception.
Provided alwayes that every minister not scandalous ignorant or insufficient as aforesaid being proved as aforesaid heretofore sequestred or ejected out of two or more Ecclesiasticall Benefices or Liveings with cure of Soules shall be restored to one of them, and noe more at his Election except where he hath formerly resigned or surrendred any of the said Benefices or Liveings and therupon the right Patron or any other in his right hath presented collated nominated placed or putt into the same any other Incumbent or Minister as aforesaid in which case the said sequestred or ejected Minister shall not be restored to such Benefice or Liveing soe resigned or surrendred as aforesaid
VI. Further Provision on the above Head.
Provided alsoe by the Authoritie aforesaid that every Minister who by vertue of this Act is confirmed in any Ecclesiasticall Benefice or Liveing with cure of Soules which shall have more then one Ecclesiasticall Benefice or Liveing with cure of Soules shall hold and enjoy onely one of them and noe more at his Election, except where he hath formerly resigned or surrendred any of the said Benefices or Liveings and therupon the right Patron or any other in his right hath presented collated nominated placed or putt into the same any other Incumbent or Minister as aforesaid in which case the Minister soe to be confirmed shall and may retaine and keepe the Benefice or Liveing which he hath not soe resigned or surrendred as aforesaid.
VII. The Party to be restored may confirm the present Possessor's Right.
Party removed to pay Tenths, and answer for Dilapidations; and pay Fifths, or money in lieu thereof.; Bond for the same, and on refusal, Action for Minister retored.
And bee it likewise Enacted that where the Person or Minister formerly sequestred or ejected shall declare his consent in writeing before the Commissioners appointed by this Act that the present Possessor being not scandalous ignorant or insufficient shall be and continue in such sequestred Benefice Liveing or Promotion that in such case the present Possessor shall be hereby setled and confirmed therin as the sole and rightfull Incumbent [and Possessor (fn. 1) ] therof to all intents and purposes Any former Statute or Law to the contrary notwithstanding And that every Person or Minister who shall be removed by this Act shall pay all Tenthes not pardoned, and repair or make satisfaction for all wilfull or negligent Diapidations made or suffered by him of, in or upon the premisses or any of them since the twenty ninth of September last, And shall likewise pay or satisfie all Fifthes or any other summe in lieu of Fifths which were in arreare or unpaid at the Feast of Saint Michaell the Archangell last past due or payable by him, by any order or orders not reversed of any Committees or Commissioners formerly appointed and authorized by any pretended authoritie or authorities whatsoever to grant and sett out the same, or otherwise pay or satisfie all arreares then due of any summe or summes of money payable by agreement of the partyes and not since quitted by like Agreement, the same to be ascertained by the said Commissioners, For payment wherof the Minister soe to be removed before his removall shall alsoe give his penall Bond or Bonds unto the Minister to be restored to pay the same before the Five and twentyeth of December next, And if he shall refuse to give such Bond or Bonds as aforesaid for the payment therof, that then the Minister soe to be restored shall be and is hereby enabled to bring an Action of Debt at the Common Law for the said arreares, and shall recover over and above the said Debt the full value in Damages besides costs of Suite
VIII. Proviso for Arrears of Fifths, or Money in lieu thereof.; Proviso as to Parson Honywood.
And it is further Enacted by the Authoritie aforesaid that every Ecclesiasticall Person or Minister now in possession of any Ecclesiasticall Benefice Liveing or Promotion which shall continue and be setled therin by vertue of this Act shall pay all such arreares of Fifths or other summes of money in lieu therof due or payable by him by any such order or orders or agreement as aforesaid, [Or to Master Honywood Parson of Kegworth in Leicestershire who hath beene beyond Sea since the said First of January One thousand six hundred forty two who hath therefore had noe order nor agreement for his Fifths (fn. 2) ] as have accrewed due or payable out of such Ecclesiasticall Benefice Liveing or Promotion dureing such time as he hath beene possessed therof to such Person or Minister as hath beene formerly ejected or sequestred out of the same.
IX. Persons to whom arrears of Fifths due, or their representatives, or Parson Honywood, enabled to recover the same by Action of Debt.
And whereas diverse Fifths or summes of money in lieu therof are in arreare and unpaid by such as have beene formerly possessed of Sequestred Liveings It is further Enacted by Authoritie aforesaid that every Ecclesiasticall Person or Minister now liveing, or the Executors or Administrators of every Ecclesiasticall Person or Minister deceased to whom any fifths or summes of money in lieu therof are or were due or payable by any such order or agreement or to the said [Master (fn. 3) ] Honywood as aforesaid and are yet in arreare shall have the said Fifths or summes of money in arreare as aforesaid paid unto them respectively, And they are hereby respectively enabled to recover the same by Action of Debt at the Common Law to be brought against every such person or Minister who ought to have paid the same by vertue of any such order or agreement or to the said [Master (fn. 3) ] Honywood as aforesaid dureing the respective possession of such Ecclesiasticall Benefice Liveing or Promotion of or for which the
Proviso for former Payments.
said Fifths or summes of money in lieu thereof were or ought to have beene or to be paid, in all which Actions noe Essoygne Wager of Law or protection shall be allowed And that noe person to whom Fifths have beene formerly paid shall be hereafter questioned for the same.
X. Persons removed from Livings enabled to hold mesne Profits already received, and to recover Arrears.
And be it alsoe Enacted That every such Ecclesiasticall Person or Minister that is or shall be by vertue of this Act removed out of or confirmed in any such Benefice Liveing or Promotion which now is, or hath beene possessed as aforesaid his or their Executors Administrators and Assignes shall be and is respectively enabled to have hold and enjoy all the meane proffitts already received and to receive recover collect or compound for, and enjoy all and every the areares of Tythes proffits or dutyes thereunto belonging, or which shall belong therunto incurred dureing such time as he was so possessor thereof, and before or untill the Feast of Saint Michaell the Archangell now next ensueing, and to sue for the same in any Court of Common Law or Equity as if he or they had beene and were the true and lawfull Incumbent or Possessor of such aforesaid Ecclesiasticall Benefice Liveing or Promotion,
XI. Persons having Benefice, &c. who have petitioned to bring the late King to Trial, &c. not to remain, and Patron may present.
Provided alsoe and be it Enacted by the Authority aforesaid That if any Minister or other such Ecclesiasticall Person as aforesaid haveing any Ecclesiasticall Benefice or Liveing with Cure of Soules who is before in and by this Act declared adjudged and enacted to continue the reall and lawfull Incumbent thereof which hath petitioned to bring the late King Charles of blessed memory to Tryall, or which hath by writeing preaching printing or any other open Act procured endeavoured [or (fn. 4) ] justified the murder of the late King, or which hath by preaching printing writeing or constant refusall to baptize declared his judgement to be against Infant baptisme, that then such Minister or other Ecclesiasticall person shall not remaine continue and be or be taken to be the reall and lawfull Incumbent of the Ecclesiasticall Benefice or Liveing, but the same shall become and is hereby declared to be void to all intents and purposes as if the said Minister or other Ecclesiasticall Person were dead, and that the Patron who hath the next and immediate right to present unto the same shall and may present unto the said Ecclesiasticall Benefice or Liveing as in case of vacancy or avoidance by death of the Incumbent. Any thing in this Act contained to the contrary thereof notwithstanding.
XII. Justices of Peace dwelling next to the Living, appointed Commissioners to execute this Act without further Suit.; All former Suits made void.
And it is further Enacted That the persons in Commission of the Peace in the severall Countyes of this Realme the Dominion of Wales and the Towne of Berwicke upon Tweede on the first day of September One thousand six hundred and sixtie within their respective Countyes Limitts and Precincts or any Five or more of them liveing or dwelling next to the Church or Liveing to which any [such (fn. 4) ] Person or Minister is to be restored, or from which any such Person or Minister is to be removed and who are noe wayes interested as partrons or partyes in the Patronage, or Tithes of the said Church or Liveing or any part thereof shall be and are hereby constituted appointed and authorized to be Commissioners to execute all and singular the Powers and Authorityes hereby granted within their respective Countyes and Precincts for and concerning the removeing and restoreing of such Persons and Ministers as aforesaid, and all other the premisses, And finally to determine all differences touching the same untill the Five and twentyeth of December next, And that all Suites and Actions in Law or Equity, and all proceedings and verdicts thereupon had or to be had for, touching or concerning the premisses or any of them shall be, and are hereby stayed barred annulled and avoided.
XIII. Certain Leases made by former Ministers confirmed.; Exception.
Provided alwayes and be it Enacted That all Grants and Leases made for a valueable consideration paid or given of any Copyhold or Freehold Lands belonging to any Sequestred Liveing or Rectory (excepting the Glebe and Tythes) for three Lives or Twenty one yeares according to former usage wherein the auntient Rent is reserved made by any Minister or Ecclesiasticall person possessed of the said Rectory or Liveing by any reall or pretended Authority before the five and twentyeth of December One thousand six hundred fifty nine shall continue as good and effectuall in Law to all Intents against the Ejected and Sequestred Incumbent to be restored and all others as if they had beene made by the proper Incumbent.
XIV. Ministers refused to be approved by the pretended Approvers settled in their Churches.; Proviso.
Provided alwayes and be it further Enacted That if any rightfull Patron hath heretofore presented his Clerke to any Benefice with Cure of Soules being then void unto those persons who were stiled Commissioners for approbation of publique preachers sitting at Whitehall or the Committee for plundred Ministers who sate in the yeare One thousand six hundred fifty and nine, and the same Clerke soe presented was refused to be admitted without any lawfull cause That then such Clerke shall be taken and is hereby Enacted to be [the (fn. 4) ] perfect Incumbent of such Benefice to all intents and purposes Any thing in this Act to the contrary notwithstanding Unlesse such Patron have since presented another Clerke to such Benefice who is now possessed thereof, or unlesse such Clerke soe presented and refused as aforesaid be since presented to, and setled in some other Benefice.
XV. None to be restored which deserted their Livings.
Provided that this Act nor any thing therein contayned shall not extend or be construed to confirme or continue any person in any Benefice or Ecclesiasticall Liveing or Preferment which hath since the said Five and twentyeth day of December last voluntarily yeilded up & left the possession of the said Benefice or Ecclesiasticall Liveing or Preferment and is still out of possession thereof, or which by any writeing executed under his Hand and Seale hath agreed to yeild up and leave the possession thereof.
XVI. Agreements made respecting Fifths confirmed.
Provided alsoe and it is hereby declared That where there hath beene any agreement betweene the persons concerned in this Act for the acquittall of the Minister who ought to have paid Fifths of and from the same or any part thereof That in such case noe Fifths or satisfaction for Fifths shall be claimed or paid contrary to the said agreement.
XVII. Payments of Tithes, &c. to the present Possessors a Discharge.
Provided alwayes and bee it Enacted That all and every person and persons who have paid or satisfied by composition or otherwise any Tythes Pensions Oblations Obventions Rents or other Ecclesiasticall Dutyes belonging to any Rectory Viccaridge or other Ecclesiasticall Benefice or Promotion to any person or persons being in possession or receiving the proffitts thereof by colour or pretence of any Authoritie or to their Assignes or any others, claiming from by or under them shall be and are hereby discharged of and from the same Tythes Pensions Oblations Obventions Rents and other Ecclesiasticall Dutyes against all and every person and persons whatsoever,
XVIII. Proviso as to Ewelme Rectory.
Provided allwayes That neither this Act nor any thing herein contained shall extend to confirme or establish the possession of the Rectory of Ewelme in the County of Oxon with Thomas Cole or any other person or persons, who have lately by vertue of any pretended Title entered into the same, But that the said Rectory be restored to Robert Saunderson Doctor in Divinity and Regius Professor in the University of Oxon to be enjoyed by him and his Successors according to a Grant made thereof by the late King James unto the Regius [Proversor (fn. 5) ] of Divinity for the time being and his Successors for ever,
XIX. Proviso as to Somersham Rectory.
Provided alsoe that noething herein contained shall confirme or establish the Possession of the Rectory of Somersham in the County of Huntington with any person who hath by vertue of any pretended Title entered into the same, But that the said Rectory be restored to Doctor Anthony Tuckney the present Regius Professor of Divinity in the University of Cambridge to be enjoyed by him and his Successors according to a former Grant therof made unto the Regius Professor of Divinity for the time being and his Successors for ever, Any thing herein contained to the contrary notwithstanding,
XX. Oaths of Allegiance and Supremacy to be taken by Persons restored.
Provided [alwayes (fn. 6) ] that this Act or any thing therin contained shall not extend to confirme or restore any Ecclesiasticall Person or Minister in or to any Benefice Liveing or Ecclesiasticall Promotion that shall refuse to take the Oathes of Alleigiance & Supremacy being tendered unto such Ecclesiasticall Person or Minister by the said Commissioners or any three of them, which said Commissioners and every three of them are hereby enabled and enjoyned to Administer the said Oathes accordingly
XXI. Proviso for Presentations under the Great Seal.
Provided alwayes and be it enacted that this Act or any thing herein contained shall not prejudice the Title of any person or persons to any Ecclesiasticall Liveing Benefice or Promotion with cure of Soules in this Act mentioned who have beene and shall be presented to such Benefice or Promotion by his Majestye under the Great Seale of England betweene the first day of May in the yeare of our Lord One thousand six hundred and sixty and the Ninth of September in the same yeare, but that such Presentees soe presented by his Majesty as aforesaid shall and may from and after the said Twenty ninth day of September enjoy the same Benefices and Promotions respectively as if this Act had not beene made.
XXII. Proviso for Possessors of Livings on 25th Dec. 1659 as to Charge for Profits received before 29th Sept. 1660.
Neverthelesse it is Declared and Enacted that such persons as up the Twenty fifth day of December One thousand six hundred fifty nine were the possessors of such Benefices or Promotions shall not be charged by such Presentees of his Majestie with or for any proffitts by them or any of them received before the [said (fn. 7) ] twenty nineth day of September but shall hold and enjoy the proffitts of such Benefices and Promotions respectively untill the said twenty ninth day of September.
XXIII. Proviso for Kidlington Vicarage.
Provided alsoe that this Act or any thing therein contained shall not extend to confirme any person in the Viccaridge of Kidlington in the County of Oxford But that the said Viccaridge shall remaine as formerly annexed to the Rectorship of Exeter Colledge in Oxford, Any thing in this Act to the contrary notwithstanding,
XXIV. Garsington Rectory.
Provided alsoe that this Act or any thing therein contained shall not extend to confirme any person in the Rectory of Garsington in the County of Oxford but that the said Rectory shall remaine as formerly annexed to the Presidentship of Trinity Colledge in Oxford, Any thing in this Act to the contrary notwithstanding.
XXV. Castor Rectory.
Provided alsoe that this Act or any thing therein contayned shall not extend to confirme any person in the Rectory of Castor in the County of Northampton but that the said Rectory shall remaine as formerly annexed to the Bishoprick of Peterborough Any thing in this Act to the contrary notwithstanding.
XXVI. Cudsden Vicarage.
Provided alsoe that this Act or any thing therein contained shall not extend to confirme any person in the Vicaridge of Cudsden in the County of Oxford but that the said Vicaridge shall remaine as formerly annexed to the Bishopricke of Oxford, Any thing in this Act to the contrary notwithstanding,
XXVII. Persons having printed or preached against the King's Right to the Crown not to be restored.
Provided alwayes that this Act nor any thing therein contained shall extend to the confirming or setleing any person in a Liveing that hath malitiously printed any Treatise, or preached against his Majestye that now is, his Right or Succession to the Crownes of these Realmes soe as the same be proved by the Oathes of two credible Witnesses before the Commissioners appointed by this Act (who have hereby power to administer the same) and soe adjudged by the said Commissioners before the Five and twentyeth day of December One thousand six hundred and sixtie,
XXVIII. Sheriff to give Possession to restored Ministers.
Provided alsoe That if any Minister who shall by this Act be adjudged to be removed shall not give up the possession according to the Order of the said Commissioners then the said Commissioners or any Five of them shall grant their Warrant to the Sheriffe of the County to put such person adjudged to be restored into possession according to the true intent and meaning of this Act, which said Sheriffe shall execute the same accordingly and in default of such Warrant the Sheriffe of the County for the time being shall be, and is hereby enabled and required to give possession accordingly.
XXVIII. None to be restored who with Arms opposed the Restoration and a free Parliament.
Provided That this Act shall not extend or be construed to confirme any Ecclesiasticall person that did appeare in Arms and march in a Troope in opposition to the intended restoring of his Majestie and a free Parliament since the First day of August in the yeare of our Lord One thousand six hundred fifty and nine soe as the same be proved by the Oathes of two credible Witnesses before the Commissioners appointed by this Act (who have hereby power to administer the same) and soe adjudged by the said Commissioners before the Five and twentyeth day of December One thousand six hundred and sixty.
XXIX. Proviso for Acton Rectory.
[Provided alsoe that this Act or any thing therein contained shall not extend to confirme any person in the Rectory of Acton in the County of Midlesex, which Rectory his Majestie before the Six and twentyeth day of August hath granted under his Signe Manuall to one of his Chaplins.
XXX. Proviso for Peers presenting within Six Months from 1st Sept.1660.
And lastly it is Declared and Enacted by the Authority aforesaid that all and every the Peeres of this Realme according to their severall and respective Titles and Interests may at any time or times within the space of six Kalender moneths from the First day of September in this present yeare One thousand six hundred and sixty present and nominate their respective Clerke or Clerks unto any Ecclesiasticall Benefices Liveings or Promotions of their respective Patronages, or whereunto they had right or title to present or nominate at any time since the First of January One thousand six hundred forty two, And that the said Presentees shall be thereupon admitted instituted and inducted, and after have and enjoy and sue for and recover the possession, and from thenceforth take the whole and entire proffits of the said Benefices Liveings and Promotions, and shall be accounted and shall be full and perfect Incumbents of the same to all intents and purposes as fully and amply as if they had beene presented and placed therein within six moneths next after the first Avoydances not with standing any Lapse or other Title by reason of Lapse incurred or devolved to his late Majesty, or to the Kings Majesty that now is, or to any other person or persons Bodyes Pollitique or Corporate, Any thing in this present Act or otherwise to the contrary hereof in any wise notwithstanding.
XXXI. Proviso for Presentees by the King before 9th Sept. 1660.
Provided that such Presentees as have beene or shall be presented by his Majesty as aforesaid before the said Nineth day of September in this present yeare One thousand six hundred and sixty by Title of Lapse or otherwise as aforesaid shall [or (fn. 8) ] may enjoy the same Benefices and Promotions respectively, the last mentioned Clause or any other thing in this Act contained to the contrary notwithstanding. (fn. 9) ]