Simony Act 1688

1688 CHAPTER 16 1 Will and Mar

An Act that the Simoniacall Promotion of one Person may not prejudice another.

Whereas it hath often happened that persons Simoniack or Simoniacally promoted to Benefices or Ecclesiasticall Liveings have enjoyed the benefitt of such Liveings many yeares and some times all their Life-time by reason of the secret carriage of such Simoniacall dealing and after the death of such Simoniack person another person innocent of such Crime and worthy of such Preferment being presented or promoted by another Patron innocent alsoe of that Simoniacall Contract have beene troubled and removed upon pretence of Lapse (or otherwise) to the prejudice of the innocent Patron in Reversion and of his Clerke whereby the Guilty goe away with profitt of his Crime and the innocent succeeding Patron and his Clerke are punished contrary to all reason and good Conscience For prevention whereof Bee it enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Comons in this present Parliament assembled and by the authoritie of the same

Modifications etc. (not altering text)

C1 Short title given by Statute Law Revision Act 1948 (c. 62), Sch. 2

[I.] Simoniacal Contract where it shall not prejudice.Lease made bona fide by Simonist, good. E+W

That after the death of the person soe Simoniacally promoted the Offence or Contract of Simony shall neither by way of Title in Pleading or in Evidence to a Jury or otherwise hereafter be alledged or pleaded to the prejudice of any other Patron innocent of Simony or of his Clerke by him presented or promoted upon pretence of Lapse to the Crowne Metropolitan or otherwise unlesse the person Simoniack or Simoniacally presented or his Patron was convicted of such Offence at the Common Law or some Ecclesiasticall Court in the Life time of the person Simoniack or Simoniacally promoted or presented any Law or Statute to the contrary notwithstanding

II Lease made bona fide by Simonist, good. E+W

[X1 And noe Lease or Leases really and bona fide made or hereafter to be made by any such person as aforesaid Simoniack or Simoniacally promoted to any Deanry Prebend or Parsonage or other Ecclesiasticall Benefice or Dignity for good and valuable consideration to any Tennant or person not being privy unto or haveing notice of such Simony shall be impeached or avoided for or by reason of such Simony but shall be good and Effectuall in Law the said Simony notwithstanding.]

Editorial Information

X1 annexed to the Original Act in a separate Schedule.