Page:Ruffhead - The Statutes at Large - vol 4.djvu/691

 A. D.I 7^3* Anno duodecimo A N N ^ Reginaj. Stat. 2. 639 '^provided ; which A£ts do neverthelefs prove inefFeftual for fuch Piirpofes, by Rearon fuch Patrons are not Laws more efFe£tual, and for the fpeedier and eafier vefling the Prefentations to fuch Benefices in the two Univerfities, according to the Intention of the faid Laws, Be it enadled by the Queen's moft Excellent ^fter lojulyv Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in '7'4. Papifts,. this prefent Parliament afTembled, and by the Authority of the fame. That every Papift or Perfon malcing ^^•^'^■^^^-'i '<»" ' Profeffion of the Popifh Religion, and every Child not being a Proteftant, under the Age of one and Benefice'°&c"^ " twenty Years, of every fuch Papift or Perfon profeffing the Popifh Religion, and every Mortgagee, Truf- 7 Jac. t. c. 6, . tee or Perfon any v/ays intrufted, direftly or indirectly, mediately or immediately, by or for any fuch Pa- ajCar,!. c.^^~ pift or Perfon malcing Profeffion of the Popifli Religion, or fuch Child, as aforefaid, whether fuch Truft be declared by Writing or not, (hall, from and after the tenth Day of July which {hall be in the Year of our Lord one thoufand feven hundred and fourteen, be difabled, and is hereby made incapable to prefent, col- late or nominate to any Benefice, Prebend, or Ecclefiaftical Living, School, Hofpital or Donative, or to grant any Avoidance of any Benefice, Prebend or Ecclefiaftical Living ; and that every fuch Prcfentation, '*". '^^^ ^'■'° ' Collation, Nomination and Grant, and every Admiflion,. Inftitution and Induftion to be made thereupon, ^iMhsveX {hall be utterly void and of no Eff"e(9:, to all Intents, Conftruclions and Purpofes whatfoever ; and that in PrefontaUon ^ every fuch Cafe the Chancellor and Scholars of the Univerfity of Oxford, and the Chancellor and Scholars &c. in the re- of the Univerfity of Cflwir/V/o-f, by what Name or Names foever they or either of them are incorporated, fpeflive Coun--- fhall refpeftively have the Prefentation, Nomination, Collation and Donation, of and to every fuch Be- 'I"' f^5" "="' nefice. Prebend or Ecclefiaftical Living, School, Hofpital and Donative, fet, lying and being in the re- "t"^ '" ^ fpeftive Counties, Cities and other Places and Limits in the find AiS of the third Year of ICing James /* • • • 5- mentioned, as in and by the find A3: is dir^ded and appointed in the Cafe of a Popiili Recufant Conviil.. II. And be it further enaiSsd by the Authority aforefaid. That from and after the faid tenth Day oVJuly, wiien any Pr<:= - when and as often as any Prefentation to any Benefice or Ecclefiaftical Living fiiall be brought to any Arch- fentation is biftiop, Biftiop or other Ordinary^ from any Perfon who ftiall be reputed to be, or whom fuch Archbifliop, brouciu to any Bifhop or other Ordinary fliall have caufe to fufpeft to be a Papift, or Truftee of any Perfon malcing Pro- ^J'^^a''!'cndef '^' - feffion of the Popifli Religion, or fufpefted to be fuch, it ftiall and may be lawful to and for fuch Arch- the Perfon, 7f'° biftiop, Bifliop, or other Ordinary, and he is hereby required to tender or adminifter to every fuch Perfon, prefent, the De- - if preient, the Declaration againft Tranfubftantion, fet down and expreffed in an A£i: of Parliament made cljratjon in in the five and twentieih Year of the Reign of the late King Charles the Second, intituled, An ASi fir ^5 ^^f- 2. c. z. - freventing Dangers wbich may happen from Popijh Rcafants, to be by fuch Perfon made, repeated and fub- fcribed; and in cafe fuch Perfon ft.iall be abfent, the faid ArchWftiop, Biftiop or other Ordinary ftiall, by if abfent, funr— ■ Notice in Writing to be left at the Place of Habitation of fuch Perfon, appoint fome convenient Time and men him to ap-; Place when and where fuch Perfon ftiall appear before fuch Archbifliop, Biftiop or other Ordinary, or fome P*^^"^' Perfons to be authorized by fuch Archbifliop, Biflioo, or other Ordinary, by Commiffion under bis or their Seal of Office ; and upon luch Appearance, the faid A.rchbifiiop, Biftiop or other Ordinary, or fuch Com-, miilioners, fliall tender or adminifter the faid Declaration to the Perfon making fuch Prefentation ; and in Refufingtn- cafe fuch Perfon fliall neglecSf or refufe to make, repeat and fubfcribe fuch Declaration, when the fame fliall make the De- ■ be fo tendred, as aforefaid, or fliall neglcifi: or refufe to appear before fuch Archbifliop, Biftiop or other '^'^^^i'-'n. orto-- Ordinary, or fuch Commiffioners, upon fuch Notice as aforefaid. That then fuch Prefentation ftiall be ut- ^PP^^""' !f 'j'"''^" ' terly void and of none iLff"ect ; and in every fuch Cafe, fuch Arcjibiftiop, Biftiop or other Ordinary fliall, bTvoid'" within ten Days next after fuch NeglecS or Refufal, fend and give a Certificate under his or their Seal of, , ,' , Office of fuch Neglect or Refufal to the Vice-Chancellor for the Time being, of that Univerfity to whom fuch tC(ho^]kc!ll - Prefentation would of Right belong, if fuch Perfon fo prefenting had been a Popifli Recufant Convict ; and it certii^y fuch Re- fhall and may be lavi^ful, to and for the Chancellor and Scholars of fuch Univerfity, to preient a Perfon qua- fufai to theUni- - lined according to the faid A6Is to luch Benefice or Ecclefiaftical Living; and the Prefentation to fuch Be- vcrnty,whofcll iiefice or Ecclefiaftical Liviag, for that Turn only, is hereby given unto, and vefted in them for that Pur- P^'^'^'"'' ^'■"• pofe ; any Matter, Claufe or Thing contained in either of the faid former recited Adts to the contrary . thereof notv/ithftanding. nr. And for the better Difcovery of all fecret Trufts, and fraudulent Conveyances made by Papifts or BJftops, &c. to Perfons making Profeffion of the Popifli Religion, of their Advowfons and Right of Prefentation, Nomi- examine Perfonj nation and Donation, to any Benefices or Ecclefiaftical Livings ; Be it further enafted by the Authority pf^fented on aforefaid. That when the Prefentation of any Perfon prefented to any Eenef.cc or Ecclefiaftical Living, fhall '^^'"' be brought to any Archbifliop, Biftiop or other Ordinary, the faid Archbifliop, Bifliop or Ordinary is here- by required, before he give Inftitution, to examine the Perfon prefented upon Oath, whether to the beft and utmoft of his Knowledge arid Belief, the Perfon or Perfons who have made fuch Prefentation, be the true and real Patron or Patrons of the faid Benefice or Ecclefiaftical Living, or made the faid Prefentation . in his or her, or their own Right, or whether fuch Perfon or Perfons fo prefenting be not, m.ediately or ■ iTimediately, directly or indirectly, Truftee or 1 ruftees, or any way intrufted for fome other, and what : Perfon or Perfons by Name, who is or are Papifts, or make Profeffion of the Popifla Religion, or the Chil- dren of fuch, or for any other and what Perfon or Perfons, or what he knows, has heard or believes, touch- Refufing to-be'- ■ ing or concerning the'fame; and if fuch Perfon or Perfons fo prefented fhall refufe to be fo examined, q,- "^mmed, the Ihall notanfwer directly thereto, then and in every fuch Cafe fuch Prefentation fliall be void. jj^^j: [^^ ^°^^ IV. And be 't further enabled by the Authority aforefaid, That it fliall and may be lawful for the Chan- Un've-fitv * cellor and Scholars of the refpe£tive Univerfities, to whom the Prefentations to fuch Benefices and Ecclefi- exhibit slilT in aftical Livings fhould belong, in cafe the rightful Patrons had been Popifii Rscufants convift, and their Chantry for Prefentoes or Clerks, for the better Difcovery of fuch fecret and fraudulent Trufts, had, done, made and "= '^^^"^'■/ • created, by or for fuch Papifts or Perfons profeffing the Popifli Religion, and their Children, as aforefaid, °J. '"""'^"lens. i to exhibit their Bill in any Court of Equity againft fuch Perfon or Perfons prefenting, and fuch Perfon or ""  Perfons as they have Reafon to believe to be the Csjlui q^ue Truft' oi x& AAyo^Aon of fuch Benefice or Ecclefiaftical i
 * conviiSed, or not in fuch Manner as the faid A£ls do diredl and appoint :' Therefore for making the faid