No. 4. A Recusant nor grant son. larged by 1 W. & M. PART I. this present Parliament, That every person or persons that CLASS II.: is or shall be a Popish Recusant convict, during the time Stat. 3 that he shall be or remain a Recusant, shall from and after Jac. 1. c. 5. the end of this present session of Parliament be utterly disabled to present to any benefice with cure or without shall not cure, prebend or any other ecclesiastical living, or to collate present to a or nominate to any free school, hospital or donative whatbenefice, soever, and from the beginning of this present session of an advow- Parliament, shall likewise be disabled to grant any avoidEn- ance to any benefice, prebend or other ecclesiastical living. XIX. And that the Chancellor and Scholars of the UniSess. 1. c. versity of Oxford, so often as any of them shall be void, 26. and 12 shall have the presentation, nomination, collation and doAnnæ, nation of and to every such benefice, prebend or ecclesias14. tical living, school, hospital and donative, set, lying and The Chan- being in the counties of Oxford, Kent, Middlesex, Sussex, cellor and Surrey, Hampshire, Berkshire, Buckinghamshire, GlouScholars of cestershire, Worcestershire, Staffordshire, Warwickshire, Wiltshire, Somersetshire, Devonshire, Cornwall, Dorsetsent to a shire, Herefordshire, Northamptonshire, Pembrokeshire, Recusant's Caermarthenshire, Brecknockshire, Monmouthshire, Cardicertain ganshire, Montgomeryshire, the city of London, and in Counties. every city and town, being a county of itself, lying and Jones 17. being within any of the limits or precincts of any of the counties aforesaid, or in or within any of them, as shall happen to be void during such time as a patron thereof shall be and remain a Recusant convict as aforesaid. Stat. 2. c. Oxford shall pre benefice in The Chan Cambridge. XX. And that the Chancellor and Scholars of the Unicellor and versity of Cambridge shall have the presentation, nominaScholars of tion, collation and donation of and to every such benefice, prebend or ecclesiastical living, school, hospital and donative, set, lying and being in the counties of Essex, Hertfordshire, Bedfordshire, Cambridgeshire, Huntingdonshire, Suffolk, Norfolk, Lincolnshire, Rutlandshire, Leicestershire, Darbyshire, Nottinghamshire, Shropshire, Cheshire, Lancashire, Yorkshire, the county of Durham, Northumberland, Cumberland, Westmorland, Radnorshire, Denbishire, Flintshire, Carnarvonshire, Angleseyshire, Merionethshire, Glamorganshire, and in every city and town, being a county of itself, lying within any of the limits or precincts of any of the counties last before mentioned, or in or within any of them, as shall happen to be void during such time as the patron thereof shall be and remain a Recusant convict as aforesaid. None shall be present XXI. Provided, That neither of the said Chancellors ed who hath and Scholars of either of the said Universities shall pre another benefice. No. 4. Stat. 3 Jac. 1. c. 5. sent or nominate to any benefice with cure, prebend or PART I other ecclesiastical living, any such person as shall then CLASS II. have any other benefice with cure of souls, and if any such presentation or nomination shall be had or made of any such person so beneficed, the said presentation or nomination shall be utterly void; any thing in this Act to the contrary notwithstanding. Anno 1 GULIELMI et MARIÆ, Cap. 26. An Act to vest in the Two Universities the Presentations of Benefices belonging to Papists. No. 5. disabled to By sect. 2. every person who shall refuse or neglect to Persons remake and subscribe the declaration, (contained in 30 Car. 2. fusing destat. 2. and referred to in stat. 1 Will. and Mary, c. 15. claration s. 2.) when the same shall be tendered by two Justices of present, the Peace, as in the said act is mentioned; or who shall, &c. upon notice given as by the said act, refuse or forbear to appear before them, for the making and subscribing thereof, and shall thereupon have his name, surname, and place of abode certified and recorded at the sessions, every such person so recorded shall be from henceforth adjudged disabled to make such presentation, collation, nomination, donation, or grant of any avoidances of any benefice, prebend, or ecclesiastical living, as fully as if such person were a popish recusant convict, and the Universities shall have the presentation, nomination, collation, and donation. Universities shall present, &c. By sect. 3. where any person shall be seized or pos- Trustees sessed of any advowson, right of presentation, collation, or disabled. nomination to any such ecclesiastical living, free-school, or hospital as aforesaid, in trust for any Papist or popish repopish re- 3 Jac. 1. c. cusant, who shall be convicted or disabled as by stat. 3.5 Enlarg Jac. 1. c. 5. or by this Act; he shall be disabled to present, ed as to nominate, or collate to any such ecclesiastical living, free-Papists not school, or hospital, or to grant any avoidance thereof, and 12 Annæ, such presentations, nominations, collations, and grants, stat. 2. c. shall be void; and the Universities shall proceed, as if 14. sect. 1. such recusant convict disabled were seized or possessed thereof. convict, by senting By sect. 4. if any Trustee, or Mortgagee, or Grantee of Penalty any avoidance, shall present, nominate, or collate, or cause to upon trusbe presented, nominated, or collated, any person to any such tees preecclesiastical living, free-school, or hospital, whereof the trust without shall be for any recusant convict or disabled, without giving notice. notice of the avoidance in writing to the Vice-Chancellor, PART I. within three months next after the avoidance, he shall forCLASS II.feit 500l. to the respective Chancellors and Scholars of the No. 5. University to whom the presentation, nomination, or collaW. and M. tion shall belong. Stat. 1 c. 26. Presenta By sect. 5. it is provided, That the said Chancellors and Scholars of either University shall not present or nominate tion of per- to any benefice with cure, prebend, or other ecclesiastical son bene- living, any such person as shall then have any other benefice ficed, void. with cure of souls: and if any such presentment shall be had or made of any such person so beneficed, the same shall be void. Taking the oaths purges the disability. No. 6. Papists, &c. dis abled to present to any benefice, &c. 7 Jac. 25 Car. 2. 1. c. 6. c. 2. And the two Universities By sect. 7. it is provided, That if any such person shall present himself at the sessions for that place where his name was recorded, and shall there in open court make and subscribe the said declaration, and take the oaths, (of allegiance and supremacy contained in stat. 1 Will. and Mary, c. 8. s. 11.) he shall be discharged of the said disability, and be enabled to make such presentment, collation, nomination, donation, and grant, as if the Act had not been passed. 12 ANNE. Stat. 2. Cap. 14. An Act for rendering more effectual an Act made in the third year of the Reign of King James the First, intituled An Act to prevent and avoid Dangers which may grow by Popish Recusants; and also of one other Act made in the first year of the Reign of their late Majesties King William and Queen Mary, intituled An Act to vest in the two Universities the Presentations of Benefices belonging to Papists, &c. BY sect. 1. every Papist or person professing the popish religion, and every child of such person not being a Protestant, under the age of twenty-one years, and every Mortgagee, Trustee, or person any way intrusted directly or indirectly, mediately or immediately, by or for such Papist or person professing the popish religion, or such child as aforesaid, whether such trust be declared by writing or not, shall be disabled to collate or nominate to any benefice, prebend, or ecclesiastical living, school, hospital, or donative, or to grant any avoidance of any benefice, prebend, or ecclesiastical living; and every such presentation, &c. and every admission, institution, and induction thereupon shall be void, and the Universities shall have the presentation, nomination, collation, and donation. shall have the presentation, &c. in the respective counties, &c. mentioned in 3 Jac. 1. c. 5. No. 6. any Arch By sect. 2. when any presentation to any benefice or PART I. ecclesiastical living shall be brought to any Archbishop, Bi- CLASS II. shop, or other Ordinary, from any person who shall be re- Stat. 2 puted to be, or whom such Archbishop, &c. shall have Anne c. 14. cause to suspect to be a Papist or Trustee of any person When any professing the popish religion, or suspected to be such, presentasuch Archbishop, &c. shall tender or administer to every tion is such person, if present, the declaration against transub- brought to stantiation, (contained in 25 Car. 2. c. 2.) and if absent shall bishop, &c. by notice in writing, to be left at the place of habitation of he may tensuch person, appoint some convenient time and place when der to the person, if and where such person shall appear before such Archbishop, present, the &c. or some person to be authorized by them by commission declaration under their seal of office; who shall upon such appearance in 25 in 25 Car. tender or administer the said declaration to the party making If absent, such presentation; and if he shall neglect or refuse to make summon and subscribe the declaration so tendered, or shall neglect pear. or refuse to appear upon such notice, such presentation Refusing shall be void; and in such case the Archbishop, &c. shall to make within ten days after such neglect or refusal, send and give ration, or a certificate under their seal of office of such neglect or re- to appear, fusal to the Vice-Chancellor, and the presentation to such the presenbenefice, for that term only, shall be vested in the respective tation shall Chancellor and Scholars. him to ap the decla be void : and the amine per Archbishop, &c. shall certify such refusal to the University, who shall present,&c. By sect. 3. for the better discovery of secret trusts and fraudulent conveyances made by Papists, it is enacted, That Bishops, when the presentation of any person presented to any benefice &c. to exor ecclesiastical living shall be brought to any Archbishop, sons preBishop, or other Ordinary; he shall, before he give insti- sented on tution, examine the person presented upon oath, whether to oath. the best and utmost of his knowledge and belief the person who made such presentation be the true and real Patron, or made the same in his own right; or whether he be not mediately or immediately, directly or indirectly, Trustee or any way intrusted for some other, and whom by name, who is a Papist or maketh profession of the popish religion, or the children of such, or for any other, and whom, and what he knows, has heard, or believes touching the same, and if such person so presented shall refuse to be examined, or shall not answer directly, the presentation shall be void. Refusing to be examined, the presentation shall be void. By sect. 4. the Chancellors and Scholars of the respect- University ive Universities to whom the presentation to such benefices may exhibit and ecclesiastical livings shall belong in case the rightful bills in Patrons had been popish recusants convict, and their pre-for the dis Chancery Stat. 2 covery of trusts. PART I. sentees or clerks, may for the better discovery of such seCLASS II.cret and fraudulent trusts exhibit their bill in any court No. 6. of equity against such person presenting, and such person Anne c. 14. as they have reason to believe to be the cestuique trust of the advowson, or any other person who they have cause to fraudulent suspect may be able to make any other or further discovery of such secret trusts and practices, to which bill the defendant being duly served with process of the Court shall forthwith directly answer; and if they shall refuse or neglect to answer in such time as shall be appointed by the Court, the bill shall be taken pro confesso, and be allowed as evidence against such person so neglecting and refusing, and his Trustees, and his or their Clerk, provided that every person having fully answered such bill, and not knowing of any such trust, shall be entitled to his costs, to be taxed according to the course of the Court. pending, the Court may administer an oath to discover trust. Where any By sect. 5. the Court, where any Quare impedit shall be deQuare impending, at the instance of the said Chancellor and Scholars, pedit is deor their Clerks, being plaintiffs or defendants in such suit, by motion in open Court, may make a rule or order requiring satisfaction upon the oath of such Patron and his Clerk, who in the said suit shall contest the right of the University to present, by examination of them in open Court, or by any secret commission under the seal of such Court for the examination of them, or by affidavit as the said Court shall find most proper, in order to the discovery of any secret trust, fraud, or practices relating to the said presentation; and if it appear to the Court, upon the examination of such Patron or Clerk, that the said Patron is but a Trustee, then they shall discover who the person is, and where he lives, and upon their refusal to make such discovery, or to give satisfaction as aforesaid, they shall be punished as guilty of a contempt of the Court. And if the said Patron or his Clerk shall discover the person for whom the said Patron is a Trustee, then the Court, on motion made in open Court, shall make a rule or order, that the person for whom the Patron is trustee, shall in the said Court, or before Commissioners to be appointed for that purpose, under the seal of the said Court, make and subscribe the declaration against transubstantiation of the 25 C. 2. and likewise on pain of incurring a contempt of the said Court, shall give such further satisfaction upon oath, relating to the said trust, as the Court shall think fit; and such person so required to make and subscribe the said declaration, and refusing or neglecting so to do, shall be esteemed as a popish recusant convict, in respect of such presentation. |