Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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3 Jac. I. c. 5.; Persons refusing Declaration of c. 15. ante, or, upon Notice, refusing, &c. to appear before Justices of Peace to have their Names, &c. certified, &c. thereupon disabled to present, &c. to any Benefice, &c.; Universities in such Cases to present, &c.
WHEREAS in and by a certaine Clause mentioned in one Act of Parlyament made in the third yeare of the Raigne of King James the First Entituled An Act to prevent and avoid Dangers which may grow by Popish Recusants It is enacted That every person or persons that is or shall be a Popish Recusant Convict dureing the time that he shall be or remaine a Recusant shall from and after the end of that present Session of Parlyament be utterly disabled to present to any Benefice with Cure or without Cure Prebend or any other Ecclesiasticall Liveing or to collate or nominate to any Free Schoole Hospitall or Donative whatsoever and from the begining of the said Parlyament shall likewise be disabled to grant any avoidance to any Benefice Prebend or other Ecclesiasticall Liveing Bee it enacted by the King and Queens most excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authoritie of the same That every person who shall refuse or neglect to make repeate and subscribe the Declaration mentioned in one Act of this present Parlyament Entituled An Act for the better Secureing the Government by [disabling (fn. 1) ] Papists and Reputed Papists when the same shall be tendred to such person by any two or more Justices of the Peace as in the said Act is enacted or who shall upon notice given as in the said Act is directed refuse or forbeare to appeare before them for the makeing repeating and subscribeing thereof and shall thereupon have his Name Sirname and usuall place of abode certified and recorded at the Generall Quarter Sessions to be holden for the Shire Rideing Division or Liberty for which such two Justices shall be Justices of the Peace by the Clerke of the Peace or Towne Clerke as in the said Act is appointed Every such person soe recorded shall be from and after the time of such Record made adjudged taken and esteemed disabled to make such Presentation Collation Nomination Donation or Grant of any avoidance of any Benefice Prebend or Ecclesiasticall Liveing as fully and amply as if such person were a Popish Recusant Convict by the Laws or Statutes of this Realme any Law Statute or Usage to the contrary notwithstanding And that the Chancellor and Schollers of the University of Oxford and the Chancellor and Schollers of the University of Cambridge by what Name or Names soever they or either of them are incorporated shall respectively have the Presentation Nomination Collation and Donation of and to every such Benefice Prebend or Ecclesiasticall Liveing Schoole Hospitall and Donative sett lying and being in the respective Counties Cities and other the Places and Limitts in the said Act of the third of King James mentioned as in and by the said Act is directed and appointed soe often as any of them shall become void according to the Limitations Directions and Provisions in that behalfe limitted enacted and provided
II. Trustees for Popish Recusants Convict, or for Persons disabled by 3 Jac. I. c. 5. also disabled to present.
In such Case Universities to present.; Trustees, &c. of Avoidance, presenting without Notice of Avoidance to Vice-Chancellor of University entitled by this Act to present,; Penalty £500.; Presentation by Universities of Person beneficed, void.; What Absence makes Living void.; Disability purged by taking Oaths of c. 8. ante, and making Declaration of c. 15. ante.
[And bee it further enacted by the authoritie aforesaid That where any person or persons are or shall be seised or possessed of any Advowson Right of Presentation Collation or Nomination to any such Ecclesiasticall Liveing Free Schoole or Hospitall as aforesaid in Trust for any Papist or Popish Recusant who shall be convicted or disabled according to the true intent and meaning of the said Statute made in the third yeare of the Raigne of the said King James the First or by this present Act Every such person and persons soe seised and possessed in Trust for any Papist or Popish Recusant convict or disabled shall be and are hereby adjudged to be disabled to present nominate or collate to any such Ecclesiasticall Liveing Free Schoole or Hospitall or to grant any Avoidance thereof and their and every of their Presentations Nominations Collations and Grants shall be null and void to all intents and purposes whatsoever And the Chancellors and Schollers of the said respective Universities as aforesaid upon every Avoidance shall have the Presentations Nominations and Collations to such Ecclesiasticall Liveings Free Schooles and Hospitalls in such manner as they should have the same in case such Recusant convict or disabled were seized or possessed thereof And in case any Trustee or Trustees or Mortgagee or Grantee of any Avoidance hereafter present nominate or collate or cause to be presented nominated or collated any person to any such Ecclesiasticall Liveing Free Schoole or Hospitall whereof the Trust shall be for any Recusant convict or disabled without giveing notice of the Avoidance in Writeing to the Vice-Chancellor for the time being of the University to whome the Presentation Nomination or Collation shall belong according to the true intent of this Act within three months after the Avoidance shall happen such Trustee or Trustees Mortgagees or Grantees shall forfeit and pay the summe of five hundred pounds to the said respective Chancellors and Schollers of either of the said Universities to whome such Presentation Nomination or Collation shall belong according to the true intent of this present Act to be recovered in any of their Majestyes Courts of Record by Action of Debt Bill Plaint or Information wherein noe Essoigne Protection or Wager of Law shall be allowed Provided alwayes That the said Chancellors and Schollers of either of the said Universities shall not present or nominate to any Benefice with Cure Prebend or other Ecclesiasticall Liveing any person as shall then have any other Benefice with Cure of Soules And if any such Presentation shall be had or made of any such person soe beneficed the said Presentation shall be utterly void any thing in this Act to the contrary notwithstanding Provided That if any person soe presented or nominated to any Benefice with Cure shall be absent from the same above the space of sixty dayes in any one year that in such Case the said Benefice shall become void (fn. 2) ] Provided nevertheless That if any such person shall present himselfe before the Justices of the Peace at the Generall Quarter Sessions to be holden for the County Rideing Division or Liberty where his Name was recorded and shall there in open Court make repeate and subscribe the said Declaration and take the severall Oaths contained in one Act of this present Parlyament Entituled An Act for the Abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths he shall from thenceforth be discharged of and from the said Disability and be enabled to make such Presentation Collation Nomination and Donation and Grant of any Avoidance to any Benefice Prebend or Ecclesiasticall Liveing Schoole or Hospitall as if this Act had not beene made.