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A82348 An act for approbation and admission of ministers of the Gospel to benefices and publick lectures. Wednesday, March 14. 1659. Ordered by the Parliament, that this act be forthwith printed and published. Thomas St. Nicholas, clerk of the Parliament. England and Wales. 1660 (1660) Wing E1001; Thomason E1074_38; ESTC R208415 4,194 11

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AN ACT For Approbation and Admission of Ministers of the Gospel TO Benefices and Publick Lectures Wednesday March 14. 1659. ORdered by the Parliament That this Act be forthwith Printed and Published THOMAS St. NICHOLAS Clerk of the Parliament LONDON Printed by John Streater and John Macock Printers to the Parliament 1659. AN ACT For Approbation and Admission OF MINISTERS OF THE GOSPEL TO Benefices and Publick Lectures FOrasmuch as it is the Duty and Interest of Magistrates to take Care of the Church and of the Provision of godly and able Ministers for it Be it enacted That every Person who shall from and after the fifteenth day of March One thousand six hundred fifty and nine be presented nominated chosen or appointed to any Benefiée formerly called Benefice with Care of Souls or to preach any Publick settled Lecture in England or Wales shall before he be admitted unto any such Benefice or Lecture be judged and approved by the Persons hereafter named to be a Person of godly life and sufficient abilities for the work of the Ministry and a Person ordained thereunto And that no Person to be presented after the said fifteenth day of March but such as shall be so approved and admitted shall be a publick Preacher or take or receive any such Benefice as aforesaid or the Profits thereof And be it further Enacted That Doctor Reynolds Mr Calamye Mr Manton Mr Ash Mr Haviland Mr Jacombe Mr Jenkin Mr Cooper Mr Caso Doctor Spurstow Mr Bates Mr Poole Mr Woodcock Doctor Drake Mr Nalton Mr Whitaker Mr Guibon Mr Carryl Mr Jackson Mr Row Mr Sangar Mr Sheffeild Mr Barker Mr Watson Mr Taylor Mr Lye Mr Ralph Breddock Mr George Griffith Mr John Meriton Doctor Horton Doctor Annesley shall be and are hereby nominated constituted and appointed Commissioners for such approbation admission as is aforesaid And the said Commissioners or any five or more of them met together in London are hereby authorized to Iudge and take knowledge of the ability and fitness of any Person so presented nominated chosen or appointed according to the Qualification above-mentioned And upon their approbation of such his ability and fitness to Grant unto such Person admission to such Benefice or Lecture by an Instrument in Writing under a Common Seal to be appointed by the said Commissioners or any five of them and under the hand of the Register for the time being to be also nominated by the said Commissioners or the greater number of them which Instrument the said Register shall cause to be entred in a Book for that purpose and kept upon Record And it is hereby Enacted That the said Person so admitted into any such Benefice shall be Possessor and perfect Incumbent to all intents and purposes of the same and intituled thereby to all the Profits Perquisites Rights and Dues incident and belonging thereunto as also the Person that shall be so admitted to any Lecture as aforesaid shall be thereby enabled according to the Establishment and Constitution of such Lecture to preach therein and to have and receive the Stipend or Profits to such Lecture belonging Provided alwaies That no Person who shall be nominated or presented for approbation as aforesaid shall be concluded by any Vote of the said Commissioners which shall passe in the negative as to his approbation unless for reasonable Cause and that nine or more of the said Commissioners be present at such Vote And that the names of the Refusers be registred in a Book to be kept for that purpose whereunto any Person may resort And it is further Enacted That all Patrons of any Benefices that are now void shall within six moneths next after the 15th day of March aforesaid and of any Benefice that shall hereafter be void within six moneths next after the avoydance of the same Present unto the said Commissioners or any five of them some fit Person to be admitted and for default of such Presentation within that time the Presentation for that turn shall devolve by Lapse unto the Chancellor and Scholars of the Vniversities of Oxford and Cambridge respectively according to the Distribution of the Statute in the Case of Popish Recusants in the third year of the late King James Chapter the fifth Provided that the Patrons any time before the Vniversity have presented may have the same Liverty to present their Clarks after the six moneths Lapse incurred as according to Law they might have done in former times And be it further enacted That the Patron or Patrons shall have the same remedy against the Commissioners aforesaid as in like case he or they had against the Ordinary heretofore and also against Disturbers And that in case of suit to be had against the Commissioners it shall be sufficient without naming any Person to bring such suit against them by the name of Commissioners for approbation and admission of Ministers and Process against them shewn to and a Copy thereof delivered by the Sheriff or his Ministers to the Register be a sufficient serving of such Process and shall be a sufficient Warrant for the Sheriff to return the Process served Provided also and be it hereby enacted That the Courts in which such suits shall be are hereby respectively enabled to award any Writ to the Sheriff of the County where such Benefice or Lecture shall be for the putting of any Clark into possession as heretofore they might have done to any Bishop or Metropolitan Be it further enacted That the said Commissioners or any nine of them shall have power by writing under their Seal to nominate foure or more Persons of known Piety and Learning for and in every County of England and Wales who or any threé of them so nominated in their respective Counties shall have power to examine such Person as shall be presented or nominated to any Benefice or is to be admitted to any Lecture with in the said respective Counties touching his fitness and abilities for the same and to Certifie in writing with their names subscribed their Opinion and Iudgment thereupon to the Commissioners herein named And in case that Certificate shal be made of the fitness ability of such Person the Commissioners shal proceéd thereupon to admit him as fully to all intents as if that he had been examined and approved by themselves And it is further Enacted That during the vacancy of such Benefices in default of such Presentation the said Commissioners or any five or more of them have hereby Authority to sequester the Fruits Profits thereof for providing an able and godly Preacher to serve the Cure giving him a reasonable allowance rendring the Over-plus to the next Incumbent And be it further declared and Enacted That no person shall be admitted unto such Benefice or Lecture unless hee bring with him a Testimonial or Certificate from three Ministers of the Gospel of known piety and learning and do also give satisfaction of his fitness to the said Commissioners or any five of them