Charles II, 1663: An Act for Releife of such Persons as by Sicknes or other Impediment were disabled from subscribeing the Declaration in the Act of Uniformity and Explanation of part of the said Act.

Recital of 14 (13 & 14) C. II. c. 4.; § 8

Whereas by an Act of this present Parliament (entituled An Act for Uniformitie of Publique Prayer and Administration of the Sacraments and other Rites and Ceremonies and for establishing the Forme of makeing ordaining and consecrating Bishops Priests and Deacons in the Church of England) it was enacted That every Deane Canon and Prebendary of every Cathedrall or Collegiate Church and all Masters and Fellowes of any Colledge, Hall, House of Learning or Hospitall and every Parson Vicar Curate and every other person in Holy Orders who upon the First day of May which should be in the yeare of our Lord God One thousand six hundred sixtie and two or at any time thereafter should be Incumbent or have possession of any Deanary Canonry Prebend Mastership Fellowship Parsonage Vicaridge or any other Ecclesiasticall Dignitie or Promotion should before the Feast day of Saint Bartholimew which should be in the yeare of our Lord One thousand six hundred sixtie and two subscribe the Declaration or Acknowledgement in the said Act mentioned and expressed before their respective Archbishops Bishops Ordinaries or Vice Chauncellors of the respective Universities upon paine that all and every of the persons aforesaid faileing in such Subscription should loose and forfeite such respective Deanry Canonry Prebend Mastership Fellowship Parsonage Vicaradge Ecclesiasticall Dignitie or Promotion and should be utterly disabled and ipso facto deprived of the same, And that every such respective Deanry Canonry Prebend Mastership Fellowship Parsonage Vicaridge Ecclesiasticall Dignity or Promotion should be void as if such person soe faileing were naturally dead, And that after such Subscription made every such Parson Vicar Curate and Lecturer should procure a Certificate under the Hand and Seale of the respective Archbishop Bishop or Ordinary of the Diocesse and should publiquely and openly reade the same together with the Declaration or Acknowledgement aforesaid upon some Lords day within three moneths then next following in his Parish Church where he was to officiate in the presence of the Congregation there assembled in the time of Divine Service upon paine that every person failing therein should lose such Parsonage Vicaridge or Benefice respectively and should be utterly disabled and ipso facto deprived of the same, And that the said Parsonage Vicarage or Benefice should be void as if he were naturally dead.

II. Recital that divers Persons of eminent Loyalty and known Affection to the Church of England were out of the Realm at the passing of the said Act, and had no Notice thereof until after the Feast of St. Bartholomew, and others by reason of Sickness, &c. had not complied with the said Act; whereby such Persons were disabled and deprived of their Benefices; all such Persons declared to be restored;

And may hold their Benefices.

And whereas diverse persons of eminent Loyaltie to His Majestie and of knowne affection to the Liturgie of the Church of England who by the said Act were required to subscribe the said Declaration or Acknowledgement at the time of the passeing of the said Act were out of this Realme in Ireland or other parts beyond the Seas upon lawfull and justifyable Occasions and had noe knowledge or notice thereof untill their returne into England being after the said Feast of Saint Bartholomew, And diverse other of the said Loyall and well affected persons by reason of sicknes imprisonment disabilitie of body or otherwise could not, or did not resorte unto their respective Archbishops Bishops or Ordinaries or Vice Chauncellours of the respective Universities before whom such Subscription was appointed by the said Act to be made All which said persons are by force of the said Act utterly disabled and ipso facto deprived of their respective Deanries Canonries Prebendryes Mastershipps Fellowshipps Parsonages Vicarages or other Ecclesiasticall Benefices or Promotions by reason of such their ommission, For remedy whereof and for the releife of such persons Be it enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by Authoritie of the same That all Deanes Canons Prebendaries Masters and Fellowes of any Colledges Halls or other Houses of Learning and all Parsons Vicars and other Ecclesiasticall persons aforesaid who at the time of the passeing of the said Act being in Ireland or any the parts beyond the Seas did not returne into this Kingdome before the said Feast of Saint Bartholimew One thousand six hundred sixtie and two, or who being in England by Imprisonment Sicknes Disabilitie of Body or otherwise did not resorte unto their respective Archbishop Bishop Ordinary or Vice Chauncellour of the said respective Universities to subscribe the said Declaration and Acknowledgement before the said Feast in the yeare of our Lord aforesaid shall be and are hereby declared to be restored unto and preserved in their respective Deanryes Canonryes Prebends Masterships Fellowships Parsonages Vicarages and other Ecclesiasticall Benefices and Promotions whereunto noe other person or persons before the first day of August in the yeare of our Lord One thousand six hundred sixtie and three were or shall be lawfully instituted inducted collated or placed, And shall and may hold and enjoy the same according to his and their former right, The aforesaid Act or any thing therein contained to the contrary notwithstanding.

III. Proviso that such Persons, if in England before the Nativity of our Lord, or if beyond Sea within 40 Days after return to England, subscribe the Declaration

and procure a Certificate; and publicly read the same, together with the said Declaration, within the time herein mentioned.

Provided That every such Deane Canon Prebendary Master and Fellow of any Colledge, Hall or House of Learning and all Parsons Vicars and Curates and other Ecclesiasticall persons who are, or shall by vertue of this Act be restored to, or preserved in their said severall and respective Promotions shall before the Feast of the Nativitie of our Lord next ensueing if he be in England or if beyond the Seas within Forty dayes after his returne into England subscribe the said Declaration or Acknowledgement before the respective Archbishop Bishop or Ordinary of the Diocesse, or Vice Chauncellour aforesaid respectively, And that every such Parson Vicar Curate or Lecturer shall procure a Certificate under the Hand and Seale of the respective Arch-bishop Bishop or Ordinary of the Diocesse (who are hereby required and enjoyned upon demand to make and deliver such Certificate) And shall publiquely and openly reade the same together with the Declaration or Acknowledgement aforesaid upon some Lords day within three monethes [then (fn. 1) ] next following such Subscription in his Parish Church where he is to officiate in the presence of the Congregation then assembled in the time of Divine Service.

IV. Proviso for Subscriptions made before Vicar General, Chancellor to Archbishop, &c. or Commissary to Archbishop of Canterbury.

And be it further enacted and declared by the Authoritie aforesaid That every Subscription already made or hereafter to be made before any Vicar Generall or Chauncellour to any Archbishop or Bishop or Commissary to the Archbishop of Canterbury or any other Bishop is and shall be as effectuall and beneficiall in Law to all intents and purposes to every person and persons which have or shall make such Subscription as aforesaid as if the same had beene made before the Archbishop or Bishop of the Province or Diocese respectively, Any thing in the aforesaid Act to the contrary notwithstanding.

V. Persons having the Benefit of this Act to make Allowance for serving Cure since Aug. 24, 1662.

[Provided alsoe That every person who shall have benefit by this Act shall make such Allowance for serveing the Cure since the fower and twentyeth day of August One thousand six hundred sixtie two as shall be judged fitt by the Ordinary of the place and shall pay and discharge all Tenthes Pensions and other Charges wherewith the Benefice to which he is by this Act restored hath beene or might be legally charged since the day aforesaid, (fn. 2) ]

VI. Persons disabled to preach to be liable to the same Penalties as Persons prohibited.

And whereas some Doubt hath arisen whether persons prohibited to preach by the said Act are in the same plight as to punishment with persons disabled by the said Act to preach Be it declared and enacted by the Authoritie aforesaid that the Penalties by the said Act to be inflicted upon any person disabled by the said Act to preach for any offence against the said Act, shall in like manner be inflicted upon every person soe offending that is prohibited by the said Act to preach, Any thing doubt or ambiguity in the said Act to the contrary notwithstanding.