Page:Ruffhead - The Statutes at Large - vol 3.djvu/482

 434 G. 26. Anhb pflmo Gulielmi 6c Mart^. A. D. 1688. Militii favcJ, IV. Provided always, and be it cnaded, That nothing in this A&. contained fliall eiciend to the MiiitiJ or Trained Bands of Engfand. CAP. xxvr. Ah A^ to veil: in the Two Univerfuies thfe Prefehtations of Benefices belonging t6 Papifls. ' "IT 7" HERE AS in and by a certain Claiifc mentioned in one A61 of rai'iament made in the thii^ 5 Jac. r. c. 5. ' V V Year ( f the Heign of' King Jdrius the Firll, intituled, Jn Aa to prevti t and avoid Dangers luhich ' ' ' " ' 7vay grmv by Popijij Reaifciifts, jt is" cnafted. That every Perfon or Perfons that is or fh-.il! be a Popifh '. Pvecufant Convidt, duriiig.the Time that he ihall be or remain a Reciifant, fhall, from and after the Jsnd ' out Cure, Prebend, or any other Ecclefiaftical Living, or to collate or ncminate to any Free-fchonlj ' Hofpltiil, or Donative whiitfoever, and from thelieginning of. the faid Parliament (ball likewife bfe dif- ' abled to grant any Avoidance to any Beneiice, Prebend, or other Ecclefiaftical Living:' Pcrfon'! re- IL Be it enacled. by the King's and Queen's nioll Excellent Majelli s, by and wi;h the Advice ani fii(ir-j nccia . Conient of the Lords Spiritual and Tempqralj and Commons, in this preferit Parliament affcmbled, and ration dif.iblf-d ^y Authoritv of the farric, That every Peribn who ftall rcfufe or neglect to makcj repeat, and fubfcribfe Amlj'^'c"^-! 57' the Declaration mentioned in one -A(5t of this prefent Parliament^ intituled, An Ail for the bettir fecnriitg ' ' the Government by dijhrm'ing Papl/h and reputed Paplfts, when the fame iliall be tcndrej to fueh Perfon by any two or more Juftices of the Peace, as in the i'aid Acl is eiiAfted, or who fnall upon Notice given, as ~in the find Aft is direfted^ jefufe or forbear to ap|iear before them for the making-, repeating, and fub- fcribing thereof^ and fhall thereupon have his Name, Surnanie; and ufual Place of abode certified and ri- cordcd at the. general Quarter-SeUions to be holden for the Shire, Riding, Divifionj or Liberty, for which fuch two Juftices fliall be juftices of the Peace, by the Clerk of the Peace, or Town Clerk, as in the faid Aft is appointed; every fuch Perfon fo i-fecorded fliall be^ from and after the l"ime of fuich Record made, adjildgedj taken, and efteeiiied difabled to make fuch Prefen.tatlon, Collation, Nomination, Dona- tion, or Grant of any Avojdan.ee of any Benefice, Prebend^ of eceldVaftical Living, as fully and amply as if fuch Perfon were a Popilh Recufant Convift by the Laws or Statutes of this Realih; any Lawj Unlverfi'tles Statute, or Ufage to the contrary notwithftandicig. And that the Chancellor and Scholars of the Uni- jftall piefent, .yerfity of Oxford:, and the Chancellor and Scholars of the Univerfity of Cambridge, by w hat Name oJ ^''' Names foever they, or either of them, are incorporated, fhall refpeftively have the Pfelehtation, Nphii- nation, Collation, and Donation of and to every iuch Benefice, Prebend, or ecclefiaftical Living, School, Hofpital, and Donative, fet, lying, and being in the rel-peftive Counties, Citi;;s, and other the Places and Limits in the faid Aft of the third of K^ing fames mentiojved, as in and by the faid Aft is dir^fted and appointed, fo often, as any of them fhall become void, according to the Limitations, Direftionsj tod P-rd- vifions in that Behalf limited, enacted, ai-.d provided. . ^ .... Truftees dif-. jjv_ ^And Ije it fufthei- enafted by the Aithorfty ■aforefaid. That wiiere any Peribn or Perft'ris afe or abled. ^;^^]j ^^ feized 'or jio'ffeffed of any Advowfon, Right of 'rrefentat'iohj Collation, br Nomiiiation to any fuch ecclefiaftical Living, Free-fchool, or Hofpital a^ aforefaid, in Truft for any Papift or Popifli Recu- fant, who fhall be convifted or difabled, according to the true Intent and A^eaningof the faid Statute, made in the third Year of the Reign of the faid King '/am^ithe Firft, or by this prefent Aft, eit-r| 3 jac. T.c. 5. fiich Perfon and Perfons fo fei'zed and -pofTeiled in Truft for any Papift or Popifli Recufant convift «r dif- Enhrj;ed as to aWcd, fliall be and are hereliy adjudged tO be difabled to prefent, nominate, or collate to any fuch ccclr- Papiftsnotcon- 'fp^.ij.-ji ^JVing, Free-fchool, or Hofpital, or to grant any Ayoidance thereof; and their and every df Anna-'.'^fta?. 2. .^Wif Fr.efentations, Norninations, Collations, and Grants-, fhall be null and void to all Liten'ts and -Pur"- c,H..i.' ppfes whatfotver; ,and the Chanpellors and Scholars of the faid;refpe£tive Uhiverfities as aforefaid, iipoh £yery Avoidance, fhjiH h:tve the Pre'feptations, Nominations and Collations, to 'fuch ecclefiafticai Livings, Freer-fchools, and Hofpitals:, in fuch Manner as they fliould have the fame, in cafe fuch Recufant ■coh'i^ft or difabled were feizcd or ponefi'ed thereof. . .,, . Penalty upon iV. And in cafe any Truftee or Truftees, or Mortgagee, or Grantee of any Avoidance, hereafter ifwr- Truilees pre- fent ' ' " ... - -- -. ... fcniin^withou't j-_A'f Notice. -^frK abled ,.^.„„ the Univeruty, fo whom the Prefcntation, Nomination, or Collation fha:ll belong, according to the trtie Jntent of this Aft, within three Months after the Avoidance fhall happen, fuch Truftee or Traftces^ Mortgagees, or Grantees, fhall forfeit and pay. the Sum of five hundred Ponrids, to 'the fakl refpe(SiT Chancellors and Scholars of either of the faid Univeffities, to whom fuch Prcfontation, Nomination, 'Or 'Collation, fhall belong, according to the true intent of 'this prefent Aft, to -be recovered in, any <)f -fheif Majellies Courts of Record, by Aftion of Debt, Bill, Plaint, or Information, wherein no 'Eflbin, ¥itr- < teftioiiv Or Wager of Law fliall be allowed. J^refcntanon of ..Y: .Provided .always^ That.the faid Chancellors and Scholars of cither of the faid Univerfities -fhallftdt Perfon bene- prefent 6r nominate to any Benefice with Cufg, Prebend, or other ecclefiaftical Living, kny Perfon * ficed,?oid. fliall then have any other Benefice Vi'ith Cure of Scjtils j and if any fuch Prefentation fhall be had or ik'ade of
 * of thar prefijnt; Scffion of Parliaitieiit, be utterly difabled to prefenf to any Benefice with Cure, or vviHi-