pearance, tender or adminifter the faid declaration to the party making fuch prefentation: and if he fhall neglect or refufe to make and subscribe the declaration fo tendred, or hall neglect or refufe to appear upon fuch notice, fuch prefentation fhall be void; and in fuch cafe the archbishop bishop or other ordinary fhall, within ten days after fuch neglect or refufal, fend and give a certificate under their feal of office of fuch neglect or refufal to the vicechancellor; and the prefentation to fuch benefice, for that turn only, shall be vested in the refpective chancellor and scholars. f. 2.

And for the better difcovery of fecret trufts and fraudu lent conveyances made by papifts, it is enacted, that when the prefentation of any perfon prefented to any benefice or ecclefiaftical living fhall be brought to any archbishop bishop or other ordinary; he fhall, before he give inftitution, examine the perfon prefented upon oath, whether to the best and utmost of his knowledge and belief, the perfon who made fuch prefentation be the true and real patron, or made the fame in his own right, or whether he be not mediately or immediately, directly or indirectly, trustee or any way intrusted for fome other, and whom by name, who is a papift or maketh profeffion of the popish religion, or the children of fuch, or for any other and whom, or what he knows, has heard, or believes touching the fame; and if fuch person fo presented shall refuse to be examined, or fhall not anfwer directly, the prefentation fhall be void. f. 3.

And the chancellors and fcholars of the refpective univerfities, to whom the prefentation to fuch benefices and ecclefiaftical livings fhall belong in cafe the rightful patrons had been popish recufants convict, and their prefentees or clerks, may for the better difcovery of fuch fecret and fraudulent trufts, exhibit their bill in any court of equity, against fuch perfon prefenting, and fuch perfon as they have reafon to believe to be the ceftuy que truft of the advowfon, or any other perfon who they have cause to suspect may be able to make any other or further difcovery of fuch fecret truft and practices; to which bill, the defendants being duly ferved with procefs of the court, fhall forthwith directly anfwer: and if they shall refuse or neglect to answer, in fuch time as fhall be appointed by the court, the bill shall be taken pro confeffo, and be allowed as evidence against fuch perfon fo neglecting and refufing, and his trustees, and his or their clerk; provided, that

M. 3

every

every perfon having fully answered fuch bill, and not knowing of any fuch truft, fhall be intitled to his costs to be taxed according to the courfe of the court. f. 4.

And the court where any quare impedit fhall be depending, at the inftance of the said chancellor and scholars or their clerk being plaintiffs or defendants in fuch fuit by motion in open court, may make a rule or order requiring fatisfaction upon the oath of fuch patron and his clerk, who in the faid fuit fhall contest the right of the univerfity to prefent, by examination of them in open court, or by commiffion under the feal of fsuch court for the examination of them, or by affidavit as the faid court fhall find moft proper, in order to the difcovery of any fecret truft frauds or practices relating to the faid prefentation; and if it appear to the court, upon the examination of fuch patron or clerk, that the faid patron is but a trustee, then they shall discover who the perfon is and where he lives; and upon their refufal to make fuch difcovery, or to give fatisfaction as aforefaid, they fhall be punished as guilty of a contempt of the court: And if the faid patron or his clerk fhall difcover the perfon for whom the faid patron is a trustee; then the court, on motion made in open court, shall make a rule or order, that the perfon for whom the patron is a trustee fhall in the faid court, or before commiffioners to be appointed for that purpose under the feal of the faid court, make and fubfcribe the declaration against tranfubftantiation of the 25 C. 2 and likewife on pain of incurring a contempt of the faid court, fhall give fuch further fatisfaction upon oath relating to the faid truft, as the court fhall think fit: and fuch perfon fo required to make and fubfcribe the faid declaration, and refufing or neglecting fo to do, fhall be efteemed as a popish recufant convict in respect of fuch prefentation.

5.

And the anfwer of fuch patron and the perfon for whom he is intrufted and his and their clerk or any of them, and their examinations and affidavits taken as aforesaid by order of any court where fuch quare impedit fhall be depending, or by any archbishop bifhop or other ordinary, or the commiffioners as aforefaid (which examinations shall therefore be reduced into writing and figned by the party examined fhall be allowed as evidence againft fuch patron so presenting and his clerk. f. 6.

Provided, that no fuch bill, nor any difcovery to be made by any answer thereunto, or to any fuch examination as aforefaid, fhall be made ufe of to fubject any per

fon

fon making fuch, difcovery or not answering fuch bill, to any penalty or forfeiture, other than the lofs of the prefentation then in queftion. f. 7.

And in cafe of any fuch bill of difcovery exhibited by the chancellor and fcholars or their prefentee, no lapfe fhall incur, nor plenarty be a bar against them, in respect of the benefice or ecclefiaftical living touching which fuch bill fhall be exhibited, till after three months from the time that the answer to fuch bill shall be put in, or the fame be taken pro confeffo, or the profecution thereof deferted; provided that fuch bill be exhibited before any lapfe incurred. f. 8.

And the chancellor and scholars may fue a writ of quare impedit by the name of chancellor and fcholars, or by their proper names of incorporation, at their election. f. 9.

And in cafe of any fuch truft confeffed or discovered by any answer to fuch bill or fuch examination as aforefaid, the court may inforce the producing of the deeds relating to the faid trufts, by fuch methods as they fhall find proper. . 10.

4. And by the 11 G. 2. c. 17. It is further enacted, that every grant to be made of any advowfon or right of presentation collation nomination or donation of and to any benefice prebend or ecclefiaftical living school hofpital or donative, and every grant of any avoidance thereof, by any papift or perfon making profeffion of the popish religion, whether fuch truft be declared by writing or not, fhall be null and void, unless fuch grant be made bona fide and for a full and valuable confideration to and for a proteftant purchaser and merely and only for the benefit of a proteftant; and every fuch grantee or perfor claiming under any fuch grant fhall be deemed to be a trustee for a papift or perfon profeffing the popifh religion within the aforefaid act of 12 An.; and all fuch grantees, and perfons claiming under fuch grants, and their presentees, fhall be compelled to make fuch difcovery relating to fuch grants and prefentations made thereupon, and by fuch methods, as by the faid act. And every devife to be made by any papift or perfon profeffing the popish religion, of any fuch advowfon or right of prefentation collation nomination or donation or any fuch avoidance, with intent to fecure the benefit thereof to the heirs or family of fuch papift or perfon profeffing the popish religion, fhall be null and void; and all fuch devifes, and perfons claiming under fuch devises, and their prefentees, fhall in M 4

like

like manner be compelled to discover, whether to the bet of their knowledge and belief, fuch devifes were not made to the faid intent.

5.

XXXI. Shall be as excommunicated.

1. By the 37. c. 5. Every popis recufant convict shall ftand and be reputed to all intents and purpofes difabled, as a perfon lawfully and duly excommunicated, and as if he had been fo denounced and excommunicated according to the laws of this realm, until he fhal! conform himself and come to church and hear divine fervice and receive the facrament according to the laws of this realm and take the oaths (of allegiance and fupremacy, 1 W. c. 8.); and every perfon fued by fuch perfon fo to be disabled, may plead the fame in difabling of fuch plaintiff, as if he were excommunicated by fentence in the ecclefiaftical court. f. 11.

37.

2. And by the 3 J. c. 4. Upon any lawful writ warrant or process awarded to any fheriff or other officer, for the taking of any popifh recufant (actually) excommunicated for fuch recufancy: it fhall be lawful for fuch Sheriff or other officer, if need be, to break open any houfe wherein fuch perfon excommunicate fhall be, or to raife the power of the county, for the apprehending of fuch perfon, and the better execution of fuch warrant writ or procefs. 35.

XXXII. Shall not repair to court.

1. By the 37. c. 5. No popish recufant convit fha!! come into the court or houfe where the king or his heir apparent to the crown fhall be, unless he be commanded fo to do by the king, or by warrant from the lords and others of the privy council, on pain of 100 l., half to the king, and half to him that fhall fue in any of his majefty's courts of record. f. 2.

2. And by the 30 C. 2. f. 2. c. 1. Every peer of this realm, and member of the house of peers, and every peer of Scotland or Ireland, being of the age of one and twenty years or upwards, not having taken the oaths (of allegiance and fupremacy, 1 W. c. 8.) and make and fubfcribed the declaration againft popery of the 30 C. 2. f. 2. c. I. and every member of the house of commons not having taken the faid oaths and made and fubfcribed the faid declaration, and every person convicted of popih re

cufancy

eufancy, who fhall come advifedly into or remain in the prefence of the king, or fhall come into the court or house where he refides, thall fuffer all the pains forfeitures and difabilities of this act; unless he do in the next term after fuch his coming or remaining take the faid oaths, and make and fubfcribe the faid declaration, in the high court of chancery, between the hours of nine and twelve in the forenoon: That is to fay, he shall be difabled to execute any office or place of profit or truft, civil or military; or to fit or vote in either houfe of parliament or to make a proxy in the house of peers; or to fue or use any action, bill, plaint, or information in courfe of law, or to profecute any fuit in any court of equity; or to be guardian of any child, or executor or adminiftrator of any perfon, or capable of any legacy or deed of gift; and fhall forfeit 500l. to him who fhall fue. S. 5, 6.

But this act shall not extend to the prejudice of any perfon for coming into or remaining in the presence of the king, who shall firft have licence fo to do by warrant under the hands and feals of fix privy counsellors, by order of his majefty's privy council, upon fome urgent occafion therein to be expreffed; fo as fuch licence exceed not ten days, and that it be firft filed and put upon record in the office of the petty bag in chancery, for any one to view without fee: and no perfon to be licensed above thirty days in any one year. f. 12.

Provided, that if any offender fhall after fuch offence take the oaths and fubfcribe the declaration in the chancery in manner aforefaid; he fhall from thenceforth be freed and discharged from all feizures, penalties and loffes which he might otherwife fuftain by reafon of being a popifh recufant convict by virtue of this act, and from all difabilities and incapacities incurred thereby; fo as fuch freedom and discharge extend not to reftore any fuch perfon to any office or place filled up, nor to any other office till after a year from taking the said oaths and making the said declaration; nor to make void the faid forfeiture of 500 1. f. 13.

[But by the 31 G. 3. c. 32. S. 20. This penalty of the 30 C. 2. c. I. is repealed as to peers, or members of the house of peers of Great Britain or Ireland, profeffing the Roman catholick religion, who fhall take and fubfcribe the oath prefcribed by that act.]

XXXIII.