a Car 3, such, it shall and may be lawful to and for such Archbishop Bishop or other Ordinary and he is hereby required to tender or administer to every such person, if present, the Declaration against Transubstantiation set down and expressed in an Act of Parliament made in the five and twentieth year of the Reign of the late King Charles the Second, intituled An Act for preventing dangers which may happen from Popish Recusants, to be by such person made repeated and subscribed; and in case such person shall be absent, the said Archbishop Bishop or other Ordinary shall by notice in writing, to be left at the place of habitation of such person, appoint some convenient time and place when and where such person shall appear before such Archbishop Bishop or other Ordinary or Home persons to be authorized by such Archbishop Bishop or other Ordinary by commission under his or their seal of office, and upon such appearance the said Archbishop Bishop or other Ordinary or such Commissioners shall tender or administer the said Declaration to the person making such If much per presentation; and in case such person shall neglect or refuse to make repeat and subscribe such Declaration when the same noribe the shall be so tendred as aforesaid, or shall neglect or refuse to appear before such Archbishop Bishop or other Ordinary or such Commissioners upon such notice as aforesaid, that then such presentation shall be utterly void and of none effect; and Ordinary in every such case such Archbishop Bishop or other Ordinary such shall, within ten days next after such neglect or refusal, send and give a certificate under his or their seal of office of such versity to neglect or refusal to the Vice-Chancellor for the time being presenta of that University to whom such presentation would of right tion would belong if such person so presenting had been a Popish Rebelong if cusant convict, and it shall and may be lawful to and for the Chancellor and Scholars of such University to present a person qualified according to the said Acts to such benefice or ecclesiastical living, and the presentation to such benefice or ecclesiastical living for that turn only is hereby given may then unto and vested in them for that purpose; any matter clause or thing contained in either of the said former recited Acts to the contrary thereof notwithstanding. son refuse to sub same, the presenta tion shall be void, and the shall cer refusal to the Uni which the the pernon pro senting had been a Popish Recusant convict, and which present. The Ordi 3. And for the better discovery of all secret trusts and nary shall fraudulent conveyances made by Papists or persons making examine son pre before in patron, or tee of some Papist, or and if he profession of the Popish religion of their advowsons and right upon oath of presentation nomination and donation to any benefices every peror ecclesiastical livings, be it further enacted by the authority sented, aforesaid, that when the presentation of any person presented stitution, to any benefice or ecclesiastical living shall be brought to whether the person any Archbishop Bishop or other Ordinary, the said Archbishop presenting Bishop or Ordinary is hereby required, before he give in- be the real stitution, to examine the person presented upon oath whether the trusto the best and utmost of his knowledge and belief the person or persons who made such presentation be the true any other and real patron or patrons of the said benefice or ecclesiastical person; living or made the said presentation in his or her or their refuse to own right, or whether such person or persons so presenting be not mediately or immediately directly or indirectly trustee tion shall or trustees or any way intrusted for some other and what person or persons by name who is or are Papists or make profession of the Popish religion or the children of such or for any other and what person or persons, or what he knows has heard or believes touching or concerning the same; and if such person or persons so presented shall refuse to be so examined, or shall not answer directly thereto, then and in every such case such presentation shall be void. answer, the be void. versities and their may ex for the of secret Trusts. 4. And be it further enacted by the authority aforesaid, The Unithat it shall and may be lawful for the Chancellor and Scholars of the respective Universities to whom the pre- Presentees sentation to such benefices and ecclesiastical livings should hibit Bills belong in case the rightful patrons had been Popish Recu- in Equity sants convict, and their presentees or Clerks, for the better discovery discovery of such secret and fraudulent trusts had done made and created by or for such Papists or persons professing the Popish religion and their children as aforesaid, to exhibit their bill in any Court of Equity against such person or persons presenting and such person or persons as they have reason to believe to be the cestuyque trust of the advowson of such benefice or ecclesiastical living, or any other person who they have cause to suspect may be able to make any other or further discovery of such secret trusts and practices; to which bill the defendant therein named, being duly served with the process of the Court in which the said bill shall be exhibited, shall forthwith directly answer to the facts charged and Defond ants not answering, pro con fosso. any enquired in the said bill at the discretion of the Court where such bill shall be exhibited; and in case the defendants or of them shall refuse or neglect to answer the said bill Buch bill in such reasonable time as shall be for that purpose allowed to be taken and appointed by discretion of the said Court where the said cause shall be depending (the distance of place and the circumstances of the defendant or defendants considered), that then and in such case the said bill shall be taken pro confesso and be allowed as evidence against such person so neglecting and refusing and his trustee or trustees and Proviso for his and their Clerk: provided that every person having fully defendant answered such bill in such Court of Equity, and not knowing answoring, any thing of any such trust for a Papist or other person disabled as aforesaid, shall be entitled to his costs, to be taxed according to the course of the Court. costs of of secret Trusts. The Court 5. And be it further enacted by the authority aforesaid, where that it shall and may be lawful for the Court where any Quare im podit in Quare impedit shall be hereafter depending, at the instance depending may take of either of the said Chancellors or Scholars or their Clerk proceed being plaintiff's or defendants in such suit by motion in open ings for discovery Court, at their discretion to make any rule or order requiring satisfaction upon the oath of such patron and his Clerk who in the said suit shall contest the right of the said University to present to such benefice or ecclesiastical living, by examination of them or either of them in open Court, or by commission under the seal of such Court for examination of them or either of them, or by affidavit, as the said Court shall find most proper in order to the discovery of any secret trust frauds or practices relating to the said presentation then in question; and in case it appear to the Court upon the examination of such patron and Clerk or either of them that the said patron is but a trustee for some other person or persons, that then the said patron and his Clerk shall discover who such person and persons are and where he she or they live or inhabit; and upon their refusal to make such discovery cestuique or to give such satisfaction as aforesaid they shall be punished as persons that are guilty of a contempt to the said Court; and in case such patron or his Clerk shall discover the person for whom the said patron is a trustee, that then and in such case the said Court upon motion made in open Court shall If there upon it appear tee, then Clerk shall discover trust, or be punish ed for contempt. If dis covery be such cestuique subscribe ration stantia make a rule or order that the person or persons for whom made, then the said patron is a trustee shall in the said Court, or before Commissioners to be appointed for that purpose under the trust shall seal of the said Court, make repeat and subscribe the Decla- the Declaration against Transubstantiation herein before mentioned, against and likewise, on pain of incurring a contempt against the Transubsaid Court, give such further satisfaction upon oath touching tion, or or relating to the said trust as the said Court shall think be deemed a Popish fit; and such person so required to make repeat and subscribe Recusant the said Declaration and refusing or neglecting so to do shall convict. be esteemed as a Popish Recusant convict in respect of such presentation. and Exami allowed as evidence 6. And be it further enacted, that the answer of such Answers patron and patrons and the person for whom he or they are nations any ways intrusted and his and their Clerk or any of them, and his and their or any of their examinations and affidavits against taken as aforesaid by order of any Court where such Quare patron presenting impedit shall be depending, or by any Archbishop Bishop or and his other Ordinary or the Commissioners as aforesaid, (which examinations shall therefore be reduced into writing and signed by the party examined,) shall be allowed as evidence against such patron so presenting and his Clerk. Clerk. such bill or 7. Provided always, that no such bill nor any discovery No pento be made by any answer thereunto or to any such examina-alty upon tion as aforesaid shall be made use of to subject any person answers, making any such discovery or not answering such bill to loss of the any penalty or forfeiture other than the loss of the presenta- presentation then in question. except tion. to incur or herein 8. And it is hereby further enacted, that in case of any No Lapse such bill or bills of discovery as aforesaid, exhibited in any Plenarty a Court of Equity by the Chancellor and Scholars of either bar against University, of the said Universities or their presentee, no lapse shall till after incur nor plenarty be a bar against such Chancellor and the time Scholars in respect of the benefice or ecclesiastical living mentioned, touching which such bill shall be so exhibited till after three be months from the time that the answer to such bill shall hibited be put in, or the same be taken pro confesso, or the prosecu- Lapse intion thereof deserted; provided that such bill or bills be curred. exhibited before any lapse incurred. 9. And whereas it hath been doubted whether any writ if the bill be ex before of Quare impedit brought by the respective Universities for any presentation nomination collation or donation pursuant to the said recited Acts or either of them may be brought by them in or by the name of Chancellor and Scholars, or ought to be by their true name of incorporation respectively; it is hereby declared, that the said respective Chancellors Proviso for and Scholars of the said Universities are by this Act and the style were by the said former Acts entitled to sue any writ of the Univer- Quare impedit by the name of Chancellor and Scholars of sities may the University of Oxford and Chancellor and Scholars of the University of Cambridge respectively, or by their respective proper names of incorporation, at their election. by which sue Writs of Quare impedit. Upon discovery of such secret Court may order pro 10. And be it further enacted, that in case of any trust for any Papist or person professing the Popish religion, conTrust, the fessed or discovered in and by any answer to such bill as aforesaid or such examination as aforesaid, it shall and may be duction of lawful for the Court where such discovery shall be made, and such Court is hereby enabled, to inforce the producing of the deeds creating and relating to the said trusts by such methods as they shall find proper. Deeds. [The two remaining sections of this Act relate to Scotland.] Oaths of 1 GEO. I, Stat. II, Cap. XIII. An Act for the further security of His Majesties Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants; and for extinguishing the hopes of the Pretended Prince of Wales, and his open and secret abetters. [The first section of this Act contains the Oaths of AlleSupre- giance and Supremacy, and appoints a new Form of the macy, and Oath of Abjuration, which was first prescribed by 13 & 14 Abjuration. Will. III, c. 6, was afterwards altered by 1 Anne, c. 16 (al. 22) and 6 Anne, c. 41 (al. 7), and subsequently by 6 Geo. III, c. 53; and has since been combined with the two other Oaths by 21 & 22 Vict. c. 48.] |
