Page:Ruffhead - The Statutes at Large - vol 4.djvu/692

 640 Stat. 2. Anno duodecimo Ann ^ RegiiiJC. A. D. 1713. Ecclefiaftical Living, or any other Pcrfon who they have Caufe to fufpedl may be able to make any other or further Di^^ovcry c.f i'uch fecret Triilh and Pra£tices ; to which Bill the Defendants therein named, be- ing duly fetvcd with the Procefs of the Court in which the faid Bill fnall be exhibited, fhall forthwith di- reit'y anfwer to the Fads charged and enquired in the faid Bill, at the Difcretion of tlie Court where fuch Bill Ihall be exhibited ; and in cafe the Defendants, or any of them, fhall refufe or neglect to anAver the faid Bill in fuch reafonable Time as {li-ill be for that Purpol'e allowed and appointed, by Difcretion of the fliid Court where the faid Caufe fliail be depending, (the Difcance of Place :ind the Circumflances of the Defendant or Defendants' confidered) That then and in fuch Cafe the faid Bill fnnll he uken pro. CctifcJJo^ and be allowed as Jtvidence againfi: fuch Perfon fo negleiSfing and rcfufing, and his Truftee or Truflrees, and his and their Clerk: Provided that every Perfon having fully anfwered fuch Bill in fuch Court of Equity, and not knowing any Thing of any fuch Truft for a Papift or other Perfon diPabled, as aforefaid, flaall be entitled to his Cofls, to be taxed according to the Courfe of the Court. V/hen any ^- -And be it further enabled by the Authority aforefaid. That it fhall and may be lawful for the Court Ouave imrcdit where any ^larc Imped'it fiiall be hereafter depending, at the Inftance of either of the faid Chancellors and irdepending, Scholars, or th;ir Clerk, being Plaintifls or Defendants in fuch Suit, by Motion in open Court, at their the Court may Difcretion, to make any Rule or Order requiring Satisfaction, upon the Oath of fuch Patron and his Oa't'h"t'od'ifcover Clerk, who in the faid Suit fhall conteft the Right of the faid Univerfity to prefent to fuch Benefice or Ec- any fecret Truft: clefiaftical Living, by Examination of them or either of them, in open Court, or by Commiffion under the Seal of fuch Court for Examination of them or either of them, or by Affidavit, as the faid Court fliail find molt proper, in Order to the Difcovery of any fecret Truft, Frauds or Praclices relating to the faid Pre- And if it appear fentation then in Queftion ; and in Cafe it appear to the Court, upon the Examination of fuch Patron and that thePatron (^jg,.]^ q[. either of them. That the faid Patron is biit a Truftee for fome other Perfon or Perfons, that then ihatn'ifcovei- for ^be faid Patron and his Clerk fhall difcover who fuch Perfon and Perfons are, and_ v/here he, fhe, or they whom, or be live or inhabit; and upon their Refufal to make fuch Difcovery, or to give fuch Satisfaclion, as aforefaid, pun'ifiiedas they fhall be puniihed as Perfons that are guilty of a Contempt to the faid Court ; and in cafe fuch Patron guUiy of a Con- q,. [-.jj Clerk fhall difcover the Perfon for v/hom the faid Patron is a Truftee, that then a^id in fuch Cafe the c"^^* i order ^'^^ Court, upon Motion made in open Court, fnall make a Rule or Order, That the Perfon or Perfons, fhTpeXiifor for whom the faid Patron is a Truftee, fliail, i.ii the laid Court, or before Commifiioners to be appointed •whom fuch Pa- for that Purpofe, under the Seal of the faid Court, make, repeat and fubfcribe the ■ Declaration againft: tron is a Truflee Xranfubftantiation herein before mentioned, and likewife, on Pain of incurring a Contempt againft the to appear and f^j^^ Court, give fuch further Satisfaction upon Oath, touching or relating to the faid Truft, as the faid malic thc^Dcd^a- j-,^^^^.j. q^^jj think fit; and fuch Pcrfon fo required to make, repeat and fubfcribe the faid Declaration, refufmg^i'aH be and refufing or negleiSfing fo to do, fhall be efteemed as a PopiJh Recufant convift, in refpe£l: of fuch Pre- efteemcd a Re- fentatlOn. cufant ccnvia. VL And be it further enafted, That the Anfwer of fuch Patron and Patrons, and the Perfon for whom The Anfwer of he or they are any ways intrufted, and his and their Clerk, or any of them, and his and tiieir or any of fnchpjtron.&c. tijei,. Examinations and Affidavits taken, as aforefaid, by Order of any Court where {uch ^uare Impudit to be allowed as {Vi^]) ^g jjepejidjnff, or by any Archbifnop, Eifiiop, or other Ordinary, or the Commiffioners, as aforefaid, (which Examinations fhall therefore be reduced into Writing, and figned by the Party examined} fhall be allowed as Evidence againft fuch Patron ib prefcnting, and his Clerk, perfons making VIL Provided always, That no fuch Bill, nor any Difcovery to be made by any Anfwer thereunto, or fiich Difcovery, to any fuch Examination, as aforefaid, fliail be made ufe of to fubjeift any Perfon making any fuch Difco- liableonly to the ^,g ^j. ^^^ anfwering fuch Bill, to any Penalty or Forfeiture, other than the Lofs of the Prefentation then Lofsof tl.ePre- •An- ^ fenlalion. - '" ^iycftion. ^ Tf.i- Ri h Viil. And it is hereby fuither ena£lcd, i hat in cafe of any fuch Bill or Bills of Difcovery, as aforefaid, exhibited by te exhibited in any Court of Equity by the Chancellor and Scholars of either of the faid Univerfities, or tlieir Univerfitv, no Prefentee, no Lapfe fiiall incur, nor Plenarty be a Ear, againft fuch Chancellor and Scholars, in refpe6i: of Lapfe (hailin- the Benefice or Ecclefiaftical Living, touching v/hich fuch Bill flial! be lb exhibited, till after three Months cer, &c. till from the Time that the Anfwer to fuch Bill fhall be put in, or the fame be ta^aajn pro.C:fife[fo, or the Pro- 'ftMheAl'fwer ^^'^"^'°'^ '■•^^"^ defertcd ; provided that fuch Bill or Bills be exhibited before any Lapfe incurred, put in,'&c." " ' IX. And wherens it hath been doubted whether any Writ of .^/m)v Iir.pedii bi-o'iight by the refpedive The Univerfity ' Univerfities, for any Prefentation, Nomination, Collation or Donation purfunnt to the faiJ reciced Ach,' mayfueany ' Or either of them, may be brought by them, in or by the Nanne of Chancellor and Scholars, or oiigiit Writ of Quare ' to be by thcir true Name of Licorporaticn refpeiftively ;' It is hereby declared, That the faid .refpective Impeuit, &c. Chancellors and Scholars of the faid Univerfities are by tliis A£t, and were by the faid former Afis, enti- tled to fue any Writ o^ ^tarc ImtedkhY tlie Name of Chancellor and Scholars of the Univerfity o'i Oxford, and Chancellor and Scholars of the Univerfity of Camhridge refpedivcly, or by their refpcdtive proper Nam^es of Incorporation at their Ejection. The Coirtmav X. And be it further ena!?i:ed. That in cafe of 'any Truft for any Papift, or Pcrfon profeillng the Popifh enforce the Pro- Religion, confelTcd or difcovered in and by any Anfwer to fuch Bill, as aforefaid, or fuch Examination, as ducingcf Deeds aforefaid, it fhall and may be lawful for the Court where fuch Difcovery fhail be made, and fuch Court is i^l?tingto hereby enabled, to inforce the producing of the Deeds creating and relating to the faid Trufts, by fuch Me- thods as they fhall find proper. Not to extend XI. Provided aUvays, That nothing herein before contained fhall extend to that Y^xi oi Great Brlta'm to Scotland, called Scotland. TheLoidsof ' XII. And whereas by the Determination of the late Privy Council of iSf^i/a/zc/, the Puniftimcnls con- jujiiciary may « tained in an Aft of the Parliament of Scotland) palTed in the eighth Sefuoti of the firft Parliament of King inflift the fame < WiLLlAM, intituled. An A3 for preventing the Grnvth of Popery, cannot be fully- put iii Execution lefulf^&r" °" ' p-if^inft Jefuits, Priefts, and other trafficking Papifts, who difguife and flielter themfelves under borrov/cd which 'the i'rivy ' Names, .to avoid the Penalty of the Law;' ll is therefore hereby enafted, and be i: cnaded by the Au- thority