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AN ACT For Approbation and Admiſſion of Miniſters of the Goſpel TO Benefices and Publick Lectures.

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 hundred4 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 under5 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,6 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 any7 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 ſhalbe 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. And where­as for the better maintainance of Preaching Mi­niſters, ſeveral Augmentations have beén hereto­fore granted, Be it further Enacted, That all per­ſons or perſon to whom after the ſaid 15th day of March any Augmentation ſhall be granted, before he or they receive the ſame, ſhall obtain the approbation of the ſaid Commiſſioners or five of them as a perſon qualified, as is before mentio­ned; And in caſe of approbation, ſuch approbation ſhall be entred by the ſaid Regiſter, who under his hand ſhall alſo ſignifie the ſame to ſuch perſon or perſons as are or ſhalbe authorized to pay ſuch8 Augmentation, who are hereby required and au­thorized from time to time to pay the perſon or per­ſons ſo approved, ſuch Augmentation as ſhall be granted as aforeſaid unto him or the place where he preacheth, taking his or their Acquittances for the ſame. Provided, and it is hereby declared, that this Act, or any thing therein contained, ſhall not be conſtrued to extend unto any Benefices Ec­cleſiaſtical, that were not preſentative before the Ordinance for the Abolition of Biſhops, nor to any Lectures preacht or read in any of the Vni­verſities or other Colledges.

Provided alſo, and be it hereby Enacted, That all Miniſters having Parochial Charge, do read the Scriptures, Preach, Adminiſter the Sacra­ments of Baptiſme and the Lords Supper, Cate­chize, and perform all other Duties according to the Directory for the Publick Worſhip of God, eſtabliſhed by Ordinance of Parliament the third of January 1644.

Provided alſo, and be it hereby Enacted, That the Freés upon every Approbation and Admiſſion, be only Thirteén ſhillings and Four pence; that is, To the Regiſter, ſix ſhillings eight pence only; & the other ſix ſhillings eight pence to be diſpoſed of for the defraying of incident Charges, as the ſaid Commiſſioners or any five of them ſhall appoint.

And be it further Enacted and Ordained, That ſuch Perſons or any five or more of them that the Commiſſioners in this Act named from time to time according to the Inſtructions menti­oned in this Act, ſhall nominate and appoint in the reſpective Counties of England and Wales for the approving of Preaching Miniſters unto Livings, with Cure and Lectures in their reſpective Counties, ſhall from time9 to time have Power and Authority; And are hereby authorized to ordain Preaching Mini­ſters in their reſpective Counties, according to the Form and Directions of an Ordinance of the Lords and Commons in Parliament aſ­ſembled of the 29 of Auguſt, 1648. Intituled, The Form of Church-Government to be uſed in England and Ireland, So as ſuch Perſons, no­minated as aforeſaid, be Ordained Miniſters. And be it further Enacted and Ordained, that the publick Profeſſors of Divinity, and the Di­vinity Lecturers, and the Heads of the Houſes reſpectively, in the reſpective Vniverſities of Oxford and Cambridge, or any five or more of them, being Miniſters Ordained, ſhall from time to time have power and authority, and are hereby authorized to Ordain Preaching Miniſters in the ſaid reſpective Vniverſities, according to the Form and Directions of the ſaid Odrinance of the Lords and Commons of the 29 of Auguſt, 1648.

And Be it further Enacted, That the ſaid Ordinance of the 29. of Auguſt, 1648. Intitu­led, The Form of Church-Government to be uſed in England and Ireland, ſhall ſtand and be in force, and put in Execution. And whereas in the ſaid Ordinance of Lords and Commons, bearing Date the 29. Day of Auguſt, 1648. there was a Clauſe inſerted for the dividing of the ſeveral Counties of England and Wales in­to diſtinct Claſſical Presbyteries, where they were not already divided, which was not put in Execution accordingly, by reaſon whereof that work remains yet undone. Be it therefore En­acted, That the ſeveral Iuſtices of the Peace in the reſpective Counties, Cities, and places, within England and Wales, or any five or more10 of them, of the ſeveral Counties of England and Wales, with the aſſiſtance of ſuch Miniſters and others, as they ſhall think fit, Do forth­with meet & conſider how their ſeveral Coun­ties reſpectively may be moſt conveniently di­vided into diſtinct Claſſicall Preſbyteries, where they are not already divided; and what Miniſters and others are fit to be of each Claſ­ſis: And they ſhall accordingly make ſuch Di­viſion and Nomination of Perſons, for each Claſſical Presbytery: Which Diviſions and Perſons ſo named for every Diviſion ſhall be certified by the ſaid Commiſſioners to the Lord Keeper, or Lords Commiſſioners for Cuſtody of the Great Seal for the time being. And that the Chancellor, Vice Chancellors, and Heads the Vniverſities, do likewiſe conſider how the Colledges and Halls may be put into Claſſical Presbyteries, and do certifie the ſame up to the ſaid Lord Keeper, or Lords Commiſſioners for Cuſtody of the Great Seal. And that the ſaid Certificate be made before the 29. Day of September next, which the Council of State is required to approve and confirm the ſame as they ſhall think fit, immediatly upon receipt of ſuch Certificates, and cauſe the ſame to be Re­giſtred by the Clark of the Common-wealth in Chancery. Provided, That this Act and eve­ry thing therein contained ſhall be and ſtand in force onely untill the Parliament take further Order.


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, 1650.

About this transcription

TextAn 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.
AuthorEngland and Wales..
Extent Approx. 15 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images.
SeriesEarly English books online.
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(EEBO-TCP ; phase 2, no. A82348)

Transcribed from: (Early English Books Online ; image set 119678)

Images scanned from microfilm: (Thomason Tracts ; 160:E1074[38])

About the source text

Bibliographic informationAn 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.. 11 p. printed by John Streater, and John Macock, printers to the Parliament,London :1659 [i.e. 1660]. (Title ornament; text in blackletter.) (Annotation on Thomason copy: "March. 19".) (Reproduction of the original in the British Library.)
  • Presbyterianism -- Early works to 1800.
  • Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800.
  • Great Britain -- Church history -- 17th century -- Early works to 1800.

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ImprintAnn Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2).
  • DLPS A82348
  • STC Wing E1001
  • STC Thomason E1074_38
  • STC ESTC R208415
  • EEBO-CITATION 99867370
  • PROQUEST 99867370
  • VID 119678

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