be paid or lieu thereof. goods, chattels, effects or things, for or in the name of a mortuary or corse present, upon the death of any clergyman within the said archdeaconry of Chester, shall, from and after such first vacancy or avoidance of the said church or living of Waverton alias Wareton, be utterly void, and totally abolished for ever; and no mortuary or and no comcorse present, or sum or sums of money for or in lieu of, or in the pensation to name thereof, or in commutation for the same, shall be yielded, paid, demanded in answered or satisfied, or be due or payable by or from any person or persons to any bishop of the said diocese of Chester, either as diocesan or archdeacon of Chester for the time being, or to any person or persons authorized by or claiming under him, them, or any of them; and that from and after such vacancy or avoidance as aforesaid, it shall not be lawful to and for the archdeacon of Chester or his successors, farmers, bailiffs or lessees, or any of them, or any person or persons whatsoever claiming by or under such archdeacon or his successors, to take, receive or demand, of any person or persons whatsoever, any manner of mortuary or corse present, or any sum or sums of money, or other thing for or in lieu or name of, or in commutation for any mortuary or corse present, or to convene, cite, sue or prosecute any person or persons, before any judge spiritual, or in any of his majesty's courts of law, or other court whatsoever, for the recovery of, or for, touching or concerning any mortuary or corse present, or any thing in lieu thereof, for or by reason or on account of the death of any priest or clergyman within the said archdeaconry of Chester, at any time after such vacancy or avoidance as aforesaid; any thing in the said recited act, or any law, custom or usage whatsoever to the contrary notwithstanding. tinction of of Waverton ed to the see II. And be it further enacted by the authority aforesaid, that as Upon the exa recompense and compensation to the bishop of Chester as arch- mortuaries, deacon of Chester for the time being, and his successors, for such the rectory mortuaries as are mentioned or intended to be extinguished and to be annexabolished by this act as aforesaid, all that the rectory or parsonage of Chester. and church of Waverton alias Wareton, in the diocese and archdeaconry of Chester, with all the lands, tenements, tithes, tenths, oblations, obventions, hereditaments and appurtenances thereunto belonging or appertaining, or accepted, reputed, taken or known, as part, parcel, or member thereof, shall, from and immediately after such vacancy or avoidance of the said church or living, be vested in the bishop of Chester and his successors, and shall from thenceforth be appropriated, annexed, and united to the see and bishopric of Chester for ever; and all and every the rights, dues, profits, benefits and advantages whatsoever, of the said rectory, or in anywise incident, belonging or appertaining to the same, shall from thenceforth be had, received, taken and enjoyed, by the said bishop of Chester and his successors for ever. curate to III. Provided always, and it is hereby further enacted by the Bishop to noauthority aforesaid, that upon the first vacancy or avoidance of the minate a said church or living of Waverton alias Wareton, which shall happen hold the said next after the passing of this act, it shall and may be lawful to and living, for the bishop of Chester for the time being, and he and his successors in the said see of Chester are hereby authorized and required to nominate and appoint a curate or minister, duly qualified according with a yearly salary of £60. to law to hold a living with cure of souls, to be curate, minister, or incumbent of the said parish and parish church of Waverton alias Wareton, and who shall reside in the said parish, and officiate and perform divine service and offices in the said church, according to the usage of the church of England as by law established, and have and enjoy such yearly stipend as is hereinafter mentioned; and also that it shall and may be lawful for the bishop of Chester for the time being, upon every subsequent vacancy or avoidance of the said curacy or living, for ever, to nominate and appoint a person duly qualified as aforesaid, to be curate or minister of the said church or living. IV. And it is hereby further enacted, that one yearly stipend or yearly sum of sixty pounds, of lawful money of Great Britain, free from all reprizes and deductions whatsoever, shall, from and after such first vacancy or avoidance of the said church or living of Waverton alias Wareton, and such nomination or appointment of a minister, curate, or incumbent, to officiate therein as aforesaid, be vested in and settled upon such minister, curate, or incumbent, and his successors, ministers, or curates, of the said parish and parish church of Waverton alias Wareton, for ever, and shall be from thenceforth charged upon and issuing and payable out of the said rectory or parsonage of Waverton alias Wareton, hereby vested in the said bishop and his successors as aforesaid, and the fruits, profits, and income thereof, by quarterly payments on the feasts of the annunciation of the blessed virgin Mary, the nativity of Saint John Baptist, Saint Michael the archangel, and the birth of our Lord Christ, by equal portions; the first payment thereof to begin and be made at or on such of the feasts or days as shall first happen after the nomination or appointment of such minister, curate or and recover- incumbent, as aforesaid; and that every such minister, curate or Car. 2, c. 8, incumbent, for the time being, shall have such and the like powers and remedies for recovering and receiving the said yearly stipend of sixty pounds, and all arrears thereof, as by an act of parliament made in the twenty-ninth year of the late king Charles the second, intituled, an act for confirming and perpetuating augmentations made by ecclesiastical persons to small vicarages and curacies, are given to any vicar or curate for recovering the augmentations thereby vested in, secured to or provided for him and them respectively. to be paid quarterly. able as 29 directs. First fruits and tenths reserved to the crown. Reservation of other V. Provided always, that nothing herein contained shall prejudice or affect the right, title or interest of his majesty, his heirs or successors, of, in or to the first fruits and tenths now or heretofore due or payable to his majesty, his heirs and successors, for or in respect of the said rectory and church of Waverton alias Wareton, but that such first fruits and tenths shall continue to be levied and paid in like manner, as the same are and were before the passing of this act; any thing herein contained to the contrary in anywise notwithstanding. VI. Saving also to the king's majesty, his heirs and successors, rights in the and to all and every other person and persons, bodies politic and said parish. corporate, his, her and their heirs, successors, executors and administrators, other than the said bishop of Chester and his successors, as well in and to the said bishopric and see, as in and to the archdeaconry of Chester respectively, all such estate, right, title and interest of, in, to or out of the said rectory and church of Waverton alias Wareton aforesaid, as they, every or any of them had, before the passing of this act, or could or might have had and enjoyed in case this act had not been made. VII. And it is hereby enacted and declared, that this act shall be Public act. taken and deemed to be a public act, in all courts whatsoever. SPACE LEFT FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844. 2, c. 4. NON CONFORMISTS. 17 CHARLES 2, CAP. 2.—An act for restraining non conformists from inhabiting in corporations.-Whereas divers parsons, vicars, curates, lecturers and other persons in holy orders, have not declared their unfeigned assent and consent to the use of all things contained and prescribed in the book of common prayer, and administration of the sacraments and other rites and ceremonies of the church, according to the use of the church of England, or have not subscribed the declaration or acknowledgment contained in a certain 13 & 14 Car. act of parliament made in the fourteenth year of his majesty's reign and intituled, an act for the uniformity of public prayers and adminis tration of sacraments and other rites and ceremonies, and for the establishing the form of making, ordaining and consecrating of bishops, priests and deacons in the church of England, according to the said act or any other subsequent act. And whereas they or some of them, and divers other person and persons not ordained according to the form of the church of England, and as have since the act of oblivion taken upon them to preach in unlawful assemblies, conventicles or meetings, under colour or pretence of exercise of religion, contrary to the laws and statutes of this kingdom, have settled themselves in divers corporations in England, sometimes three or more of them in a place, thereby taking an opportunity to distil the poisonous principles of schism and rebellion into the hearts of his majesty's subjects, to the great danger of the church and kingdom. II. Be it therefore enacted by the king's most excellent majesty, from inha- by and with the advice and consent of the lords spiritual and tembiting in corporal, and the commons, in this present parliament assembled, and porations. by the authority of the same, that the said parsons, vicars, curates, lecturers and other persons in holy orders, or pretended holy orders, or pretending to holy orders and all stipendaries and other persons who have been possessed of any ecclesiastical or spiritual promotion, and every of them, who have not declared their unfeigned assent and consent as aforesaid, and subscribed the declaration aforesaid, and shall not take and subscribe the oath following: The oath. A. B. do swear, that it is not lawful upon any pretence whatsoever, to take arms against the king; and that I do abhor that traitorous position of taking arms by his authority against his person, or against those that are commissionated by him, in pursuance of such commissions; and that I will not at any time endeavour any alteration of government, either in church or state. Persons restrained Rep. 5 Geo. 1, c. 6. III. And all such person and persons as shall take upon them to preach in any unlawful assembly, conventicle or meeting, under colour or pretence of any exercise of religion, contrary to the laws and statutes of this kingdom; shall not at any time from and after the four and twentieth day of March which shall be in this present year of our Lord God one thousand six hundred sixty and five, unless only in passing upon the road, come or be within five miles of any city or town corporate, or borough that sends burgesses to the parliament, within his majesty's kingdom of England, principality of 328. 1 W. & M. Wales or of the town of Berwick-upon-Tweed; or within five miles of 1 Vent. 63. any parish, town or place, wherein he or they have since the act of oblivion been parson, vicar, curate, stipendary or lecturer, or taken upon them to preach in any unlawful assembly, conventicle or meeting, under colour or pretence of any exercise of religion, contrary to the laws and statutes of this kingdom; before he or they have taken altered by and subscribed the oath aforesaid, before the justices of the peace ses. 1, c. 18, at their quarter sessions to be holden for the county, riding or divi- sec. 8. sion next unto the said corporation, city or borough, parish, place or town, in open court, (which said oath the said justices are hereby empowered there to administer); upon forfeiture for every such offence the sum of forty pounds of lawful English money; the one The penalty. third part thereof to his majesty and his successors; the other third part to the use of the poor of the parish where the offence shall be committed; and the other third part thereof to such person or persons as shall or will sue for the same by action of debt, plaint, bill or information, in any court of record at Westminster, or before any justices of assize, Oyer and Terminer or gaol delivery, or before any justices of the counties palatine of Chester, Lancaster or Durham, or the justices of the great sessions in Wales, or before any justices of peace in their quarter sessions, wherein no essoin, protection or wager of law shall be allowed. IV. Provided always, and be it further enacted by the authority aforesaid, that it shall not be lawful for any person or persons restrained from coming to any city, town corporate, borough, parish, town, or place, as aforesaid, or for any other person or persons as shall not first take and subscribe the said oath, and as shall not frequent divine service established by the laws of this kingdom, and 2 & 3 Ed. 6, carry him or herself reverently, decently and orderly there, to teach c. 1. any public or private school, or take any boarders or tablers that are c. 1. taught or instructed by him or herself, or any other; upon pain for 1. c. 2. every such offence to forfeit the sum of forty pounds, to be recovered 2, c. 4. and distributed, as aforesaid. 5 & 6 Ed. 6, 13 & 14 Car visions relat st. 1, c. 18, V. Provided also, and be it further enacted by the authority Further proaforesaid, that it shall be lawful for any two justices of the peace of ing hereto, the respective county, upon oath to them of any offence against this 1 W. & M. act, which oath they are hereby empowered to administer, to com- and 23 G. 2, mit the offender for six months without bail or mainprize, unless c. 28. upon or before such commitment, he shall before the said justices of the peace, swear and subscribe the aforesaid oath and declaration. VI. Provided always, that if any person intended to be restrained by virtue of this act, shall without fraud or covin be served with any writ, subpoena, warrant, or other process, whereby his personal appearance is required, his obedience to such writ, subpoena or process, shall not be construed an offence against this act. SPACE LEFT, FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844. VOL. III. E C |