No. 2. certain sation, have not been rendered void: and whereas it would PART I. be most injurious to the spiritual persons who now hold be- CLASS II. nefices which may have been so inadvertently rendered void, Stat. 59 and to the patrons of the said benefices, by means of lapse G. 3. c. 40. to the Bishop, or the Archbishop, or the Crown, if advantage of such avoidance should be taken; wherefore, and for the relief of such spiritual persons and patrons, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That in every case which Securing has occurred before the passing of this Act, where a spiri- benefices in tual person has obtained a dispensation to hold a benefice cases where to which he had been nominated, presented, or was to be dispensalicensed or collated, with a benefice which he had held with tion is another benefice by virtue of a former dispensation, without holding angranted for having in due time before resigned or otherwise vacated other benethe other benefice included in the former dispensation, and fice therewhere, for want of such previous resignation or vacation, the benefice held by such spiritual person by the former dispensation, and intended to be secured to him by the subsequent dispensation, may have been rendered void, it shall not be lawful for the King's most excellent Majesty, or any other patron or patrons, or for his said Majesty, or any Archbishop or Bishop having the right of nomination, presentation, licence, or collation, by reason of lapse or otherwise, to any benefice which may have been so rendered void, to nominate, present, license, or collate to any such benefice by reason of the same having been rendered void in the manner before mentioned. with. such bene ments. II. And be it further enacted, That every spiritual per- Incumson now holding a benefice, which may have been rendered bents of void at any time before the passing of this Act, in the man-fices to enner before mentioned, shall and may, notwithstanding such joy the avoidance thereof, continue henceforth to hold and enjoy emoluthe same, and the fruits, advantages, emoluments, and profits thereof, and shall be and be taken to be, to all intents and purposes in the law whatsoever, the lawful Incumbent thereof, in the same manner as if the resignation or other vacation of the other benefice held therewith by virtue of the former dispensation had been duly made prior to the subsequent dispensation, and such subsequent dispensation had been good and valid in law; and that every spiritual person now holding a benefice, which may have been so rendered void, shall, notwithstanding such avoidance, be taken to have been the lawful Incumbent thereof since such avoidance happened, to all intents and purposes in the law No. 2. PART 1. whatsoever; and that all acts and deeds whatsoever, which CLASS II. have been done, performed, and executed by the spiritual Stat. 59 person or persons now holding or who shall have held any G. 3. c. 40. such benefice since the avoidance thereof, in the manner before mentioned, shall be as valid and effectual, to all intents and purposes in the law whatsoever, as if such avoidance had not taken place; any law, statute, canon, usage, or custom to the contrary in any wise notwithstanding; it being the true intent and meaning of this Act, to place the aforesaid spiritual persons, whose benefices have or may have become void in the manner before mentioned, precisely in the same situation, to all intents and purposes in the law whatsoever, as if no such avoidance had taken place. III. Provided always, and be it further enacted, That prevented nothing in this Act shall extend, or be construed to extend, from nomi- to prevent the patron or patrons of any benefice, which may nating to such bene- have been rendered void in the manner before mentioned, from nominating, presenting, licensing, or collating to such benefice, on the death, resignation, or cession, or other lawresignation of Incum- ful cause of avoidance of or by the spiritual person now holding any such benefice, in the same manner as if this Act had not passed; save and except as to the avoidance made before the passing of this Act, in the manner and under the circumstances particularly mentioned and set forth herein. Patrons not fices on death or bent. No. 3. At every election this Statute, and tutes of the house shall be read. Anno 31 ELIZ. Cap. 6. Sect. 4, 5, 6, 7, 8, 9, 10. An Act against Abuses in Election of Scholars, and Presentation to Beneficesa. IV. BE it further enacted by the authority aforesaid, That at the time of every such election, presentation and nomination hereafter to be had, as well this present Act as the Orthe Sta-ders and Statutes of the same places concerning such election, presentation or nomination to be had, shall then and there be publicly read, upon pain that every person in whom default thereof shall be, shall forfeit and lose the sum of forty Who shall pounds; all which forfeitures shall and may be had and rehave the covered in any her Majesty's Courts of Record by any person forfeitures, or persons, bodies politic and corporate, that will sue for the same, by bill, plaint, or action of debt, in which no essoin, protection, or wager of law shall be allowed: the one moiety whereof shall be to him or them that will sue for the same; the other moiety to the use of the said church, college, hall, hospital, school, or society where such offence shall be com and by what means. a The omitted sections of this statute relate to abuses in the election of scholars. No. 3. mitted. And for the avoiding of simony and corruption in PART I. presentations, collations and donations of and to benefices, CLASS II. dignities, prebends, and other livings and promotions eccle- Stat. 31 siastical, and in admissions, institutions and inductions to Eliz. c. 6. the same: senting to a for reward. V. Be it further enacted by the authority aforesaid, That The penalif any person or persons, bodies politic and corporate, shall ty for preor do at any time after the end of forty days next after the benefice, or end of this session of Parliament, for any sum of money, for being reward, gift, profit, or benefit, directly or indirectly, or for presented or by reason of any promise, agreement, grant, bonda, cove-Coke Entr. nant, or other assurances, of or for any sum of money, re-516. ward, gift, profit or benefit whatsoever, directly or indirectly, present or collate any person to any benefice with cure of souls, dignity, prebend, or living ecclesiastical, or give or bestow the same, for or in respect of any such corrupt cause or consideration; that then every such presentation, collation, gift and bestowing, and every admission, institution, investiture and induction thereupon, shall be utterly void, frustrate, and of none effect in law. And that it shall and 3 Lev. 337. may be lawful to and for the Queen's Majesty, her heirs and successors, to present, collate unto, or give or bestow every such benefice, dignity, prebend, and living ecclesiastical for that one time or turn only; and that all and every person or persons, bodies politic and corporate, that from thenceforth shall give or take any such sum of money, reward, gift, or benefit, directly or indirectly, or that shall take or make any such promise, grant, bond, covenant, or other assurance, shall forfeit and lose the double value of one year's profit of every such benefice, dignity, prebend and living ecclesiastical; and the person so corruptly taking, procuring, seeking or accepting any such benefice, dignity, prebend or living, shall thereupon and from thenceforth be adjudged a disabled person in law, to have or enjoy the same benefice, dignity, prebend or living ecclesiastical. VI. And be it further enacted, That if any person shall The penalty for preat any time after forty days next after the end of this session senting or of Parliament, for any sum of money, reward, gift, profit or collating, commodity whatsoever, directly or indirectly (other than for or for being presented * General bouds of resignation, as where the Incumbent is bound to resign to a benegenerally at the request of the Patron, have for some time been held to be fice with illegal. Bp. of London v. Ffytche. 3 Burn's Eccl. L. 356. and by a recent cure for redecision in the House of Lords in the case of Fletcher v. Lord Sondes, ward. 3 Bingh. 501, special bonds, where the Incumbent is bound to resign in 2 Roll. 465. favour of a particular person or persons, are also held to be within the in- Cro. El. tention of the statute and illegal. To obviate the retrospective effect of this 642. Cro. decision with reference to those who had given bonds of this nature, the sta- Jac. 385. tute 7 and 8 Geo. 4. c. 25. was passed, Part I. Class II. No. 12. Cro. Car. 330. No. 3. Stat. 31 PART I. usual and lawful fees) or for or by reason of any promise, CLASS II agreement, grant, covenant, bond or other assurance, of or for any sum of money, reward, gift, profit or benefit whatEliz. c. 6. soever, directly or indirectly, admit, institute, install, induct, invest or place any person in, or to any benefice with cure of souls, dignity, prebend or other living ecclesiastical; that then every such person so offending shall forfeit and lose the double value of one year's profit of every such benefice, dignity, prebend, and living ecclesiastical; and that thereupon immediately from and after the investing, installation or induction thereof had, the same benefice, dignity, prebend and livings ecclesiastical, shall be eftsoons merely void: and that the Patron or person to whom the advowson, gift, presentation or collation shall by law appertain, shall and may by virtue of this Act present or collate unto, give and dispose of the same benefice, dignity, prebend or living ecclesiastical, in such sort, to all intents and purposes, as if the party so admitted, instituted, installed, invested, inducted or placed, had been or were naturally dead. No title to confer by VII. Provided always, That no title to confer or present lapse, but by lapse shall accrue upon any voidance mentioned in this Act, but after six months next after notice given of such voidance, by the Ordinary to the Patron. after six months notice. The penal. rupt re signing or exchanging of a bene fice with cure of souls. VIII. And be it further enacted by the authority aforety for cor- said, That if any Incumbent of any benefice with cure of souls, after the end of the said forty days, do or shall corruptly resign or exchange the same, or corruptly take for or in respect of the resigning or exchanging of the same, directly or indirectly, any pension, sum of money, or benefit whatsoever; that then as well the giver as the taker of any such pension, sum of money, or other benefit corruptly, shall lose double the value of the sum so given, taken or had; the one moiety as well thereof, as of the forfeiture of double value of one year's profit before-mentioned, to be to the Queen's Majesty, her heirs and successors, and the other moiety to him or them that will sue for the same, by action of debt, bill or information, in any of her Majesty's Courts of Record, in which no essoin, protection or wager of law or privilege shall be admitted or allowed. Penalties the ecclesi IX. Provided always, That this Act, or any thing herein inflicted by contained, shall not in any wise extend to take away or reastical law strain any punishment, pain or penalty limited, prescribed be not ta- or instituted by the laws ecclesiastical, for any the offences ken away before in this Act mentioned, but that the same shall remain by this Statute. in force, and may be put in due execution, as it might be before the making of this Act; this Act or any thing therein contained to the contrary thereof in any wise notwith- PART I. standing. CLASS II. X. Provided further, and be it enacted by the authority Stat. 31 aforesaid, That if any person or persons whatsoever shall or Eliz. c. 6. do at any time after the end of this session of Parliament, The penalreceive or take any money, fee, reward or any other profit, ty for givdirectly or indirectly, or shall take any promise, agreement, ing or takcovenant, bond or other assurance, to receive or have any ing of remoney, fee, reward or any other profit, directly or indirect-make Minly, either to him or themselves or to any other of their or isters, or to any of their friends, (all ordinary and lawful fees only ex-give licence to preach. cepted,) for or to procure the ordaining or making of any Minister or Ministers, or giving of any orders, or licence or licences to preach; that then every person and persons so offending shall for every such offence forfeit and lose the sum of forty pounds of lawful money of England; and the party so corruptly ordained or made Minister, or taking Orders, shall forfeit and lose the sum of ten pounds: and if at any time within seven years next after such corrupt entering into the Ministry, or receiving of Orders, he shall accept or take any benefice, living or promotion ecclesiastical, That then immediately from and after the induction, investing or installation thereof or thereunto had, the same benefice, living and promotion ecclesiastical shall be eftsoons merely void; and that the Patron or person to whom the advowson, gift, presentation or collation shall by law appertain, shall and may, by virtue of this Act, present or collate unto, give and dispose of the same benefice, living or promotion ecclesiastical, in such sort to all intents and purposes, as if the party so inducted, invested or installed, had been or were naturally dead; any law, ordinance, qualification or dispensation to the contrary notwithstanding: the one moi- Who shall ety of all which forfeitures shall be to our Sovereign Lady have the the Queen, her heirs and successors, and the other moiety and by to him or them that will sue for the same, by action of debt, what bill, plaint or information, in any of her Majesty's Courts of means. Record, in which no essoin, protection, privilege or wager of law, shall be admitted or allowed. Coke Lit. a. forfeitures, |