June 1657: An Act for quiet enjoying of Sequestred Parsonages and Vicarages by the present Incumbent.

June, 1657

[26 June, 1657.]

Who shall be reputed Incumbent in Sequestrated livings.

Be it Enacted by his Highness the Lord Protector and this present Parliament, That every person who hath been, or shall before the First day of July, One thousand six hundred fifty seven, be setled by the Parliament, or any authority derived from them, or by his Highness the Lord Protector, or the Lords Commissioners of the Great Seal, in any Parsonage or Vicaridge, Presentative or Donative, or Hospital within this Commonwealth, heretofore Sequestred by Parliament, or any authority derived from them, and shall on the First day of July aforesaid, be in the Possession thereof, the Sequestred or Ejected Minister being then living, such and no other person shall be, and is hereby adjudged and deemed the lawfull Incumbent to all intents and purposes, and shall and may have, retain and possess, sue for, and recover all Tythes, and other Profits and Advantages whatsoever thereunto belonging, as if he had been legally instituted and inducted, any Law or Statute to the contrary in any wise notwithstanding.

Upon death, resignation or removall of such incumbent, who shall present.

And it is further Enacted by the authority aforesaid, That upon the Death, Resignation or Removal of the Minister, formerly setled as aforesaid, and now adjudged the Incumbent, It shall be lawfull for the Patron (being neither Delinquent nor Papist) to present to such Living, as if the Incumbent formerly sequestred had been dead.

In what cases Sequestred or ejected Ministers shall have allowances.; How it shall be paid.

Provided alwaies, and be it further Enacted by the Authority aforesaid, That where the Sequestred or Ejected Minister is not seized of to his own use, or others in trust for him or his Wife, of the Real Estate of Thirty pounds Per annum, or possessed of a Personal Estate to the value of Five hundred pounds, the Commissioners, that are or shall be appointed for the Ejection of Scandalous, Ignorant and Insufficient Ministers and Schoolmasters, or any five of them, shall within their Limits make unto the Sequestred Minister, during his life, Allowance out of the Profits of the said Parsonage or Vicaridge, not exceeding a fifth part of the Profits thereof; And the said Commissioners or any five of them, are hereby impowred and required to Sequester for the use of (and cause to be paid over to) the said Sequestred Minister the said Allowance, with such Arrears thereof, as the said Commissioners shall think fit, in case the Incumbent shall refuse to pay the same.

Such Minister shall not have any benefit hereof whiles he resides in the place.

Provided, That no Ejected or Sequestred Minister shall have or receive any Benefit or Advantage by vertue of this Act, that resides and remains in the Parish or place out of which he is Ejected or Sequestred, during such residence, Any thing before in this Act, or any other matter or thing to the contrary hereof notwithstanding.

First fruits not payable till the Death of the person ejected or sequestred.

Provided alwaies, That nothing in this Act shall extend to the charging any person hereby made and constituted Incumbent in Law, with the Payment of First-fruits, untill the death of the said person Ejected or Sequestred from any such Parsonage or Vicaridge as aforesaid, at which time he shall be lyable to pay the same.

Augmentations granted to other places to stand during the life of the Incumbent.

Provided also, and it is hereby declared, That where any part of the Tythes, or other Profits have been taken away by any of the Authorities aforesaid, from any Parsonage or Vicaridge, Presentative or Donative, and setled upon any Chappel or other place, for the increase of Maintenance of such place, nothing contained in this Act shall extend to the taking away such Augmentations from such places, but they are hereby confirmed and setled as aforesaid, during the life of the person hereby adjudged the Incumbent.

Proviso as to the Minister of Sedgefield.

Provided alwaies, That this Act or any thing therein contained, shall not extend to give or confirm unto Anthony Lapthorn the present Minister of Sedgefield in the County of Durham, any Right or Title to the Profits of the said Rectory of Sedgefield, save onely to so much thereof as shall amount unto the sum of Two hundred pounds per Annum, allowed unto him out of the Profits of the said Rectory by the Committee of the late Parliament for Plundred Ministers, Any thing in this Act contained to the contrary in any wise notwithstanding.

In what case the Patron may present to a sequestred living.

Provided alwaies, and be it Enacted by the Authority aforesaid, That it shall and may be lawfull to and for any Patron or person, having Right of Presentation, and not being a Papist or Delinquent, to present unto any Church or Chappel where the Incumbent hath been a Delinquent and Sequestred, and in which any Minister hath been placed by Authority of Parliament, that is since deceased, and such Church or Chappel not supplied or presented unto before the Seventeenth day of June, One thousand six hundred fifty seven, any thing in this Act, or any other matter or thing to the contrary hereof notwithstanding.