dowments in receive en- the spiritual persons now or hereafter serving the same shall be land or tithes considered as the incumbents thereof respectively; and such incumbents thereof, from the time of such registry and enrolment as aforesaid, shall have perpetual succession, and shall be and are hereby declared to be bodies politic and corporate, and may receive and take endowments in land or tithes, or both, or any such augmentation as shall be granted to them or their successors; and all lands and other endowments now vested in any trustees or trustee for the ministers of the said chapels respectively (other than the said funds in the names of the said governors of the bounty of queen Anne), and the said chapels and burial-grounds, and the sites thereof, shall, from and after such registry and enrolment as aforesaid, be vested in the ministers of the said chapels respectively, and their successors respectively, for ever, in the same manner as the same would be vested in the incumbent of a parish; and all laws in force relating to ecclesiastical property shall apply to such premises; and all persons presenting or appointing any such incumbents shall respectively be subject to all jurisdictions and laws, ecclesiastical or common, and to all provisions, regulations, penalties, or forfeitures contained in any act of parliament from time to time in force relating thereto; and in case of any failure in presenting or nominating any such incumbent for the space of six calendar months, such presentation or appointment shall lapse, as in cases of actual benefices; and all the said chapels shall be subject to the jurisdiction of the bishop of Gloucester and Bristol and the archdeacon of Gloucester, and shall be within the forest deanery. Marriages, baptisms, burials, &c. may be solemnized in III. And be it enacted, that marriages, baptisms, churchings, and burials may be solemnized and performed in the said chapels, and fees, to be from time to time fixed and allowed by the bishop of the chapels. Gloucester and Bristol for the time being, may be taken for the same by the respective incumbents for the time being of the said chapels and intended chapel, and all acts of parliament, laws, and customs relating to publishing banns of marriage, marriages, christenings, churchings, and burials, and the registering thereof, and to all ecclesiastical fees, oblations, and offerings, shall apply to such districts, when the same shall be registered and enrolled as aforesaid, in like manner in every respect as if the same districts were ancient and distinct parishes, and the said chapels and intended chapel were respectively parish churches in law, to all intents and purposes. The commissioners of woods, on of the three IV. And be it enacted, that the commissioners of her majesty's woods, forests, land revenues, works, and buildings shall, by and behalf of her out of any monies which may from time to time be at the disposal majesty, to augment the of the said commissioners, purchase, in the names of the governors endowments of the bounty of queen Anne for the augmentation of the mainteexisting cha- nance of the poor clergy, such a sum of the stock called three per pels, and to centum reduced bank annuities as will be sufficient when purchased tended new to produce the annual dividend of thirty-one pounds nine shillings and sixpence, and such stock shall for ever thereafter form part of consecrated. the endowment of the said chapel of Christchurch, and the dividends thereof be paid to the minister or perpetual curate of such chapel or benefice; and further shall purchase, in the names of the aforesaid governors, such a further sum of the said stock as will be endow an in chapel when built and sufficient when purchased to produce the annual dividend of fiftyeight pounds seven shillings, and such stock shall for ever thereafter form part of the endowment of the said chapel of the Holy Trinity, and the dividends thereof be paid to the minister or perpetual curate of the said chapel or benefice; and further shall purchase, in the names of the said governors, such a further sum of the said stock as will be sufficient when purchased to produce the annual dividend of seventy-five pounds six shillings and sixpence, and such stock shall for ever thereafter form part of the endowment of the said chapel of Saint Paul, and the dividends thereof be paid to the minister or perpetual curate of the said chapel or benefice, to the end that the endowments of the said three chapels may be augmented so as to produce the annual sum of one hundred and fifty pounds each; and shall (when and after the said chapel at Cinderford shall have been built and consecrated) purchase, in the names of the aforesaid governors, such a further sum of the said stock as will be sufficient when purchased to produce the annual dividend of one hundred and fifty pounds, and the dividends thereof be paid to the minister or perpetual curate of the said chapel or benefice; and all such several endowments may be sold, and the produce thereof applied in all respects as the governors of the bounty of queen Anne are authorized to dispose of any funds appropriated by them to the augmentation of the endowment of any benefice; and until such stocks shall be so purchased the said commissioners of her majesty's woods, forests, land revenues, works, and buildings shall, on behalf of her majesty, out of any monies which may be from time to time at their disposal, pay the said annual sums of thirty-one pounds nine shillings and sixpence, fifty-eight pounds seven shillings, seventy-five pounds six shillings and sixpence, and one hundred and fifty pounds, half-yearly to the said governors, to be applied in the same manner as is before directed with respect to the dividends of the said sums of stock so to be purchased as aforesaid; such payments, as regards the three existing chapels of Christchurch, Holy Trinity, and Saint Paul, to commence from the passing of this act, and as regards the intended chapel at Cinderford, to commence from and after the time that the same shall have been built and consecrated, and a minister or curate presented and inducted thereto, and to continue until the purchase of such stock. ers of woods fund set maintenance V. And be it enacted, that the said commissioners of her majesty's Commissionwoods, forests, land revenues, works, and buildings shall, out of to augment such monies as aforesaid, when the said chapel at Cinderford afore- the existing said shall have been built and consecrated, purchase the sum of apart for the three hundred and thirty-three pounds six shillings and eight-pence and repair of three per centum consolidated bank annuities, in the names of the the chapels. first commissioner of woods and the bishop of Gloucester and Bristol for the time being, and which said sum of three hundred and thirtythree pounds six shillings and eight-pence, and the said sum of one thousand pounds, like stock, so now standing in the names of the said first commissioner and the said bishop, shall be held upon trust to apply the dividends thereof as a fund for the maintaining and repairing the fabrics of the aforesaid three chapels, and the said chapel at Cinderford, when built and consecrated, such dividends to ers of woods may make grants for increasing ing burial of intended be applied in equal shares; and any part of such dividends may, at the discretion of such first commissioner and bishop, be applied in insuring the said chapels, or any of them, from loss or damage by fire. Commission- VI. And be it enacted, that it shall be lawful for the said commissioners of her majesty's woods, forests, land revenues, works, and buildings, or any two of them, on behalf of her majesty, her sites of exist heirs and successors, to grant to the respective ministers of the said grounds, and chapels, and their successors respectively, any part of the hereditary revenues of the crown within the said forest, to be appropriated for the said chapels, as after mentioned; (that is to say), any part not exceeding one acre for each of the said three chapels already built, to be applied for the purpose of increasing the sites of the burialgrounds thereto belonging, and any part not exceeding six acres as a site for the intended chapel at Cinderford and the burial-ground thereof, and the parsonage house and garden for the minister thereof. VII. And be it enacted, that the right of patronage or nomination church, &c. of or to the said chapel of Christchurch, and of or to the said chapel vested in her of Holy Trinity, and of or to the said new chapel to be built at Cinderford, shall be for ever vested in the queen's most excellent majesty, her heirs and successors. chapel, parsonage house, &c. Patronage of Christ majesty. Patronage of Saving rights VIII. And be it enacted, that the right of patronage or nomination to the said chapel of Saint Paul shall be vested in the lord bishop of Gloucester and Bristol and his successors for ever. IX. Saving always to the queen's most excellent majesty, her of the crown. heirs and successors, all such estate, right, title, interest, privilege, Act may be amended,&c. prerogative, and benefit, (other than and except the rights and interests hereby expressly varied, barred, destroyed, or extinguished), as she or they had or enjoyed in, to, or out of or from the said forest, and every part thereof, before the passing of this act, or could or might have held or enjoyed in case this act had not been passed. X. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament. SPACE LEFT, FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844. ECCLESIASTICAL JURISDICTION OF THE CROWN. 1 ELIZABETH, CAP. 1.-An act to restore to the crown the ancient juisdiction over the estate ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the same. See Title-" APPEALS TO THE SEE OF ROME," vol. i. p. 144. 5 ELIZABETH, CAP. 1.-An act for the assurance of the queen's royal power over all estates and subjects within her dominions.-For preservation of the queen's most excellent highness, her heirs and successors, and the dignity of the imperial crown of this realm of England, and for the avoiding both of such hurts, perils, dishonors and inconveniencies, as have beforetime befallen, as well to the queen's majesty's noble progenitors, kings of this realm, as for the whole estate thereof, by means of the jurisdiction and power of the see of Rome, unjustly claimed and usurped within this realm and the dominions thereof, and also of the dangers by the fautors of the the said usurped power, at this time grown to marvellous outrage and licentious boldness, and now requiring more sharp restraint and correction of laws, than hitherto in the time of the queen's majesty's most mild and merciful reign have been had, used or established. II. Be it therefore enacted, ordained and established by the queen our sovereign lady, and the lords spiritual and temporal, and the commons, in this present parliament assembled, and by authority of the same, that if any person and persons, dwelling, inhabiting, or resiant within this realm, or within any other the queen's dominions, seigniories, or countries, or in the marches of the same, or elsewhere within or under her obeysance and power, of what estate, dignity, pre-eminence, order, degree or condition soever he or they be, after the first day of April which shall be in the year of our Lord God one thousand five hundred sixty-three, shall by writing, cyphering, printing, preaching or teaching, deed or act, advisedly and wittingly hold or stand with, to extol, set forth, maintain or defend the authority, jurisdiction or power of the bishop of Rome, or of his see, heretofore claimed, used or usurped within this realm, or in any dominion or country, being of, within or under the queen's power or obeysance; or by any speech, open deed or act, advisedly and wittingly attribute any such manner of jurisdiction, authority pre-eminence to the said see of Rome, or to any bishop of the same see for the time being, within this realm, or in any the queen's dominions or countries: that then every such person or persons so The penalty doing or offending, their abettors, procurers and counsellors, and for maintainalso their aiders, assistants and comforters, upon purpose, and to the thority of the intent to set forth, further and extol the said usurped power, 28 H. 8, c.10. authority or jurisdiction of any of the said bishop or bishops of 13 El. c. 2. Rome and every of them, being thereof lawfully indicted or presented within one year next after any such offences by him or them committed, and being lawfully convicted or attainted at any time after, according to the laws of this realm, for every such default and or ing the au see of Rome. What justices may inquire of and certify the offences aforesaid. offence, shall incur into the dangers, penalties, pains and forfeitures 16 R. 2, c. 5. ordained and provided by the statute of provision and premunire, made in the sixteenth year of the reign of king Richard the second. III. And it is also enacted by the authority aforesaid, that as well justices of assize in their circuits, as justices of peace within the limits of their commission and authorities, or two of every such justices of peace at the least, whereof one to be of the quorum, shall have full power and authority by virtue of this act, in their quarter or open sessions, to inquire of all offences, contempts and transgressions, perpetrated, committed or done contrary to the true meaning of the premises, in like manner and form as they may of other offences against the queen's peace; and shall certify every presentment afore them or any of them had or made concerning the same, or any part thereof, before the queen, her heirs and successors, in her or their court, commonly called the king's bench, within forty days next after any such presentment had or made, if the term be then open; and if not, at the first day of the full term next The penalty following the said forty days; upon pain that every of the justices of certificate of assize, or justices of the peace, before whom such presentment shall be made, making default of such certificate contrary to this statute, to lose and forfeit for every such default one hundred pounds to the queen's highness, her heirs and successors. for default of the said offences. The justices of the king's bench may termine the offences aforesaid. IV. And it is enacted by the authority aforesaid, that the justices of the king's bench, as well upon every such certificate, as by hear and de- inquiry before themselves, within the limits of their authorities, shall have full power and authority to hear, order and determine every such offence done or committed contrary to the true meaning of this present act, according to the laws of this realm, in such like manner and form to all intents and purposes, as if the person or persons, against whom any presentment shall be had upon this statute, had been presented upon any matter or offence expressed in the said statute made in the said sixteenth year of the reign of king Richard the second. These shall take the oath set forth c. 1. Takers of ecclesiastical orders. Degrees in V. And moreover, be it enacted by the authority aforesaid, that as well all manner of persons expressed and appointed in and by anno i Eliz. the act made in the first year of the queen's majesty's reign that now is, intituled, an act restoring to the crown the ancient jurisdiction over the estate ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the same, to take the oath expressed and set forth in the same: as all other persons which have taken or shall take orders, commonly called ordines sacros, or ecclesiastical orders, have been or shall be promoted, preferred or admitted to any degree the universi- of learning in any university within this realm or dominions to the same belonging and all schoolmasters and public and private masters. teachers of children; as also all manner of person and persons, that have taken or hereafter shall take any degree of learning in or at the common laws of this realm, as well utter-barristers as benchers, readers, ancients in any house or houses of court, and all principal treasurers, and such as be of the grand company of every inn of chancery, and all attornies, protonotaries and philizers, towards the Escheators. laws of this realm, and all manner of sheriffs, escheators and Feodaries. feodaries, and all other person and persons which have taken or ties. School Utter-barris ters. Benchers. Readers. Ancients. Pronotaries. |