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the person so reconciled, holding communion, or professing, or marrying as aforesaid were naturally dead. § 9.

And every king and queen who shall come to and succeed to the imperial crown of this kingdom, shall on the first day of the meeting of the first parliament next after their coming to the crown, sitting on the throne in the house of peers in the presence of the lords and commons, or at their coronation before such person who shall administer the coronation oath at the time of their taking the said oath (which shall first happen) -make and subscribe the declaration of the 30 C. 2. But if he or she shall be under the age of twelve years, then every such king and queen shall make and subscribe the same at their coronation, or at the first day of the meeting of the first parliament as aforesaid, which shall first happen after such king or queen shall have attained the said age of twelve years. § 10.

2. And by the second article of the union of the kingdoms of England and Scotland, All papists, and persons marrying papists, shall be excluded from, and for ever incapable to inherit, possess, or enjoy the imperial crown of Great Britain and the dominions thereunto belonging; and in every such case, the crown and government shall descend to and be enjoyed by such person being a protestant, as should have inherited and enjoyed the same, in case such papist or person marrying a papist was naturally dead. 5 An. c. 8.

XXIX. Papists shall not sit in either house of parlia

ment.

By the 30 C. 2. st. 2. c. 1. No person that shall be a peer of the realm, or member of the house of peers, shall vote or make his proxy in the house of peers (c), or sit there during any debate in the said house of peers; nor any person that shall be a member of the house of commons, shall vote in the house of commons, or sit there during any debate after the speaker is chosen; until he shall first take the oaths of allegiance and supremacy, (and abjuration, 1 G. st. 2. c. 13.) and make and subscribe this declaration following; viz.

I A. B. do solemnly and sincerely, in the presence of God, profess, testify, and declare., That I do believe that in the sacrament of the Lord's supper there is not any transubstantiation of the elements of bread and wine into the body and blood of Christ, at or after the consecration thereof, by any person whatsoever: And that the invocation, or adoration of the Virgin Mary, or any other saint, and the sacrifice of the mass, as they

(c) A Roman catholic peer is not intitled to frank letters, Ld. Petre v. Ld. Auckland, 2 Bos. & Pull. 139.

are now used in the church of Rome, are superstitious and idolatrous. And I do solemnly in the presence of God, profess, testify, and declare, That I do make this declaration, and every part thereof, in the plain and ordinary sense of the words read unto me, as they are commonly understood by English protestants, without any evasion, equivocation, or mental reservation whatsoever, and without any dispensation already granted me for this purpose by the pope or any other authority or person whatsoever, or without any hope of any such dispensation from any person or authority whatsoever, or without thinking that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope, or any other person or persons, or power whatsoever, shall dispense with or annul the same, or declare that it was null or void from the beginning. § 2, 3.

Which said oaths and declaration shall be solemnly and publicly made and subscribed betwixt the hours of nine in the morning and four in the afternoon, by every such peer and member of the house of peers at the table in the middle of the house, before he take his place in the house, and whilst a full house of peers is there with their speaker in his place; and by every such member of the house of commons, at the table in the middle of the said house, and whilst a full house of commons is there duly sitting with their speaker in his chair: and the same to be done in either house in such like order or method, as each house is called over respectively. § 4.

And if any peer or member of the house of peers, or member of the house of commons, shall offend against this act; he shall be deemed and adjudged a popish recusant convict, and shall forfeit and suffer as such; and shall be disabled to execute any office or place of profit or trust, civil or military; or to sit or vote in either house of parliament, or to make a proxy in the house of peers; or to sue or use any action, bill, plaint, or information in course of law, or to prosecute any suit in any court of equity; [160] or to be guardian of any child, or executor or administrator of any person, or capable of any legacy or deed of gift; (or to vote at any election for members of parliament, 1 G. st. 2. c. 13.); and shall forfeit 500l. to him who shall sue. § 6.

And it shall be lawful for the house of peers and house of commons, or either of them respectively, as often as they shall see occasion, to order and cause all or any of the members of their respective houses, openly in their respective houses of parliament, to take the said oaths, and to make and subscribe the said declaration, at such times, and in such manner, as they shall appoint: And if any peer shall, contrary to such order made by their said house, wilfully presume to sit therein, without taking the said oaths and subscribing the said declaration; he shall be disabled

to sit in the said house of peers and give any voice therein, either by proxy or otherwise, during that parliament: And if any member of the house of commons shall, contrary to such order made by their house, wilfully presume to sit therein, without taking the said oaths, and making and subscribing the said declaration; he shall be disabled to sit in the said house of commons, or to give any voice therein during that parliament. § 7.

And where any member of the house of commons shall be so disabled to sit or vote, his place shall be void; and a writ shall issue for the election of a new member. § 8.

And during the time of taking the said oaths, and making and subscribing the declaration, all proceedings shall cease; and the said oaths, declaration, and subscription, together with a schedule of the names of the persons who shall take and subscribe the same, shall be made and entered in parchment rolls provided by the clerk of the house of lords and the clerk of the house of commons; and none of the peers or members shall pay to such clerk above 12d. for such entry: All which rolls the said clerks shall, without fee, shew to any person desiring to look upon the same. $11.

XXX. Papists [recusants convict] shall not present to benefices.

1. By the 3J. c. 5. Every person being a popish recusant convict, shall be utterly disabled to present to any benefice with cure or without cure, prebend, or any other ecclesiastical living; or to [161] collate or nominate to any free school, hospital, or donative; or to grant any avoidance of any benefice, prebend, or other ecclesiastical living. § 18.

And the chancellors and scholars of the university of Oxford, so often as any of them shall be void, shall have the presentation, nomination, collation, and donation of and to every such benefice, prebend, or ecclesiastical living, school, hospital, and donative, in the counties of Oxford, Kent, Middlesex, Sussex, Surry, Hampshire, Berkshire, Buckinghamshire, Gloucestershire, Worcestershire, Staffordshire, Warwickshire, Wiltshire, Somersetshire, Devonshire, Cornwall, Dorsetshire, Herefordshire, Northamptonshire, Pembrokeshire, Caermarthenshire, Brecknochshire, Monmouthshire, Cardiganshire, Montgomeryshire, the city of London, and in every city and town being a county of itself within any of the limits and precincts of any of the counties aforesaid, as shall happen to be void during such time as the patron thereof shall be a recusant convict as aforesaid.

19.

And the chancellor and scholars of the university of Cambridge shall have the presentation, nomination, collation, and donation of and to every such benefice, prebend, or ecclesiastical living,

school, hospital, and donative, within the counties of Essex, Hertfordshire, Bedfordshire, Cambridgeshire, Huntingdonshire, Suffolk, Norfolk, Lincolnshire, Rutlandshire, Leicestershire, Derbyshire, Nottinghamshire, Shropshire, Cheshire, Lancashire, Yorkshire, the county of Durham, Northumberland, Cumberland, Westmoreland, Radnorshire, Denbighshire, Flintshire, Carnarvonshire, Angleseyshire, Merionethshire, Glamorganshire, and in every city and town being a county of itself within the limits and precincts of any of the said counties, as shall happen to be void during such time as the patron thereof shall be a recusant convict as aforesaid. § 20.

Provided, that neither of the said chancellors nor scholars of either of the said universities, shall present or nominate to any benefice with cure, prebend, or other ecclesiastical living, any such person as shall then have any other benefice with cure of souls: And if any such presentation or nomination shall be made

of any such person so beneficed, the same shall be void. § 21.

Being a popish recusant convict] And this whether he be convicted before the avoidance or after; for the words are general, that the university shall present so often as any such benefices shall be void; and avoidances before conviction are within the same mischief as avoidances after; and it would be a hard con- [162] struction that general words shall not be extended to remedy all cases which are within equal mischief. Comyns, 182. Gibs. 771. Shall be utterly disabled] They were utterly disabled before, by being made excommunicate, in § 2. as was observed by Finch solicitor, in the case of Knight and Dauncer; and therefore of what force soever institution or induction, when given upon a presentation, may be against strangers, there is no doubt but the bishop may refuse to give it, and take the benefit of the lapse, in case no other presents, who hath right, and is capable of presenting. For that the bishop in this case, as in others, hath right to lapse, appears from hence, that the statute intended no more than to put the universities in the place of the patron: all rights which belong to others remaining as they were before. Gibs. 771.

such

To present] Hereby the patron is only disabled to present; and he continues patron as to all other purposes; and therefore he shall confirm the leases of the incumbent. 1 Haw. 32.

Or to grant any avoidance] But such person, by being disabled to grant an avoidance, is no way hindered from granting the advowson itself in fee, or for life or years bona fide, and for good consideration. 1 Haw. 32.

And the chancellor and scholars] The two clauses which give this benefit to the universities respectively, are private clauses, whereof the judges, without pleading of them, cannot take notice. 10 Co. 57.

So often as any of them shall be void] But if an advowson or

avoidance, belonging to such a person, come into the king's hands, by reason of an outlawry, or conviction of recusancy, or the like; the king, and not the university, shall present. 1 Haw. 32.

During such time as the patron thereof shall be a recusant convict] When the presentation for that turn is vested in the university, although afterwards the recusant conformeth himself, or dieth, yet the university shall present. 10 Co. 57.

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every

2. By the 1 W. c. 26. Every person who shall refuse or neglect to make and subscribe the declaration of the 30 C. 2. when the same shall be tendered by two justices of the peace as in the said act is mentioned; or who shall, upon notice given as by the said act, refuse or forbear to appear before them for the making and subscribing thereof, and shall thereupon have his name, sirname, and place of abode certified and recorded at the sessions; [163] such person so recorded shall be from henceforth adjudged disabled to make such presentation, collation, nomination, donation, or grant of any avoidance of any benefice, prebend, or ecclesiastical living, as fully as if such person were a popish recusant convict. And the universities shall have the presentation, nomination, collation, and donation, lying in the counties, &c. in 3 J.1. c. 5. § 19, 20. appointed, as often as they become void, according to the limitations in that behalf. § 2.

And where any person shall be seised or possessed of any advowson, right of presentation, collation, or nomination to any such ecclesiastical living, free school, or hospital, as aforesaid, in trust for any papist or popish recusant, who shall be convicted or disabled as by the 3 Ja. c. 5. or by this act; he shall be disabled to present, nominate, or collate to any such ecclesiastical living, free school, or hospital, or to grant any avoidance thereof, and such presentations, nominations, collations, and grants shall be void; and the universities shall proceed, as if such recusant convict or disabled were seised or possessed thereof.

§ 3.

And if any trustee, or mortgagee, or grantee of any avoidance shall present, nominate, or collate, or cause to be presented, nominated, or collated, any person to any such ecclesiastical living, free school, or hospital, whereof the trust shall be for any recusant convict or disabled, without giving notice of the avoidance in writing to the vice chancellor within three months next after the avoidance; he shall forfeit 500l. to the respective chancellor and scholars of the university to whom the presentation, nomination, or collation shall belong. § 4.

Provided, that the said chancellors and scholars of either university, shall not present or nominate to any benefice with cure, prebend, or other ecclesiastical living, any person as shall then have any other benefice with cure of souls: and if any such pre

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