sentment shall be had or made of any the same shall be utterly void. § 5.

such person so beneficed,

And if any person so presented or nominated to any benefice with cure, shall be absent from the same above sixty days in any one year; in such case the said benefice shall be void. § 6.

Provided always, that if any such person shall present himself at the sessions for that place where his name was recorded, and shall there in open court make and subscribe the said declaration, and take the oaths (of allegiance and supremacy, 1 W. c. 8.), he shall be discharged of the said disability, and be enabled to make such presentment, collation, nomination, donation, and grant, as [164] if this act had not been made. § 7.

§ 2. Refuse or forbear] In the case of Fitzherbert and the university of Oxford, the party was summoned to take the oaths, but refused to attend. Upon which occasion, it was declared by the court, that the justices ought to be present at the time appointed; and if they are not there, it is a good excuse for the party, if the party attends; but there is no necessity that the justices should be present, if the party does not come; it is sufficient if they leave notice at the place, to give them notice if the party comes; and the party himself is obliged to do the first act, namely, to attend at the time and place appointed. Comyns, 183.

3. And by the 12 Ann. st. 2. c. 14. It is further enacted, that every papist or person making profession of the popish religion, and every child of such person not being a protestant under the age of twenty-one years, and every mortgagee, trustee, or person any way intrusted directly or indirectly, mediately or immediately, by or for such papist or person making profession of the popish religion, or such child as aforesaid, whether such trust be declared by writing or not, shall be disabled to present, collate, and nominate to any benefice, prebend, or ecclesiastical living, school, hospital, or donative, or to grant any avoidance of any benefice, prebend, or ecclesiastical living; and every such presentment, collation, nomination, and grant, and every admission, institution, and induction thereupon shall be void: and the universities shall have the presentation, nomination, collation, and donation. § 1.

And when any presentation to any benefice or ecclesiastical living shall be brought to any archbishop, bishop, or other ordinary, from any person who shall be reputed to be, or whom such archbishop, bishop, or other ordinary shall have cause to suspect to be a papist or trustee of any person making profession of the popish religion, or suspected to be such; such archbishop, bishop, or other ordinary, shall tender or administer to every such person (if present) the declaration against transubstantiation of the 25 C. 2., and if absent 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 some persons to be authorised by them by commission under their seal of office; who [165] shall, upon such appearance, tender or administer the said declaration to the party making such presentation: and if he shall neglect or refuse to make and subscribe the declaration so tendered, or shall neglect or refuse to appear upon such notice, such presentation shall be void; and in such case the archbishop, bishop, or other ordinary shall within ten days after such neglect or refusal, send and give a certificate under their seal of office of such neglect or refusal to the vice-chancellor; and the presentation to such benefice, for that turn only, shall be vested in the respective chancellor and scholars. §2.

And for the better discovery of secret trusts and fraudulent conveyances made by papists, it is enacted, that when the presentation of any person presented to any benefice or ecclesiastical living shall be brought to any archbishop, bishop, or other ordinary; he shall, before he give institution, examine the person presented upon oath, whether to the best and utmost of his knowledge and belief, the person who made such presentation be the true and real patron, or made the same in his own right, or whether he be not mediately or immediately, directly or indirectly, trustee or any way intrusted for some other, and whom by name, who is a papist or maketh profession of the popish religion, or the children of such, or for any other and whom, or what he knows, has heard, or believes touching the same; and if such person so presented shall refuse to be examined, or shall not answer directly, the presentation shall be void. § 3.

And the chancellors and scholars of the respective universities, to whom the presentation to such benefices and ecclesiastical livings shall belong in case the rightful patrons had been popish recusants convict, and their presentees or clerks, may for the better discovery of such secret and fraudulent trusts, exhibit their bill in any court of equity, against such person presenting, and such person as they have reason to believe to be the cestui que trust of the advowson, or any other person who they have cause to suspect may be able to make any other or further discovery of such secret trust and practices; to which bill, the defendants being duly served with process of the court, shall forthwith directly answer: and if they shall refuse or neglect to answer, in such time as shall be appointed by the court, the bill shall be taken pro confesso, and be allowed as evidence against such person so neglecting and refusing, and his trustees, and his or their [166] clerk; provided, that every person having fully answered such bill, and not knowing of any such trust, shall be intitled to his costs to be taxed according to the course of the court. 4..

And the court where any quare impedit shall be depending, at the instance of the said chancellor and scholars or their clerk being plaintiffs or defendants in such suit by motion in open court, may make a 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 university to present, by examination of them in open court, or by commission under the seal of such court for the examination 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; and if it appear to the court, upon the examination of such patron or clerk, that the said patron is but a trustee, then they shall discover who the person is and where he lives; and upon their refusal to make such discovery, or to give satisfaction as aforesaid, they shall be punished as guilty of a contempt of the court: And if the said patron or his clerk shall discover the person for whom the said patron is a trustee; then the court, on motion made in open court, shall make a rule or order, that the person for whom the patron is a trustee shall in the said court, or before commissioners to be appointed for that purpose under the seal of the said court, make and subscribe the declaration against transubstantiation of the 25 C. 2., and likewise, on pain of incurring a contempt of the said court, shall give such further satisfaction upon oath relating to the said trust, as the court shall think fit: and such person so required to make and subscribe the said declaration, and refusing or neglecting so to do, shall be esteemed as a popish recusant convict in respect of such presentation. 5 5.

And the answer of such patron and the person for whom he is intrusted and his and their clerk or any of them, and their examinations and affidavits taken as aforesaid by order of any court where such quare impedit shall be depending, or by any archbishop, bishop, or 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. § 6. Provided, that no such bill, nor any discovery to be made by any answer thereunto, or to any such examination as aforesaid, shall be made use of to subject any person making such dis- [ 167 1 covery or not answering such bill, to any penalty or forfeiture, other than the loss of the presentation then in question. § 7.

And in case of any such bill of discovery exhibited by the chancellor and scholars or their presentee, no lapse shall incur, nor plenarty be a bar against them, in respect of the benefice or ecclesiastical living, touching which such bill shall he exhibited, till after three months from the time that the answer to such bill shall be put in, or the same be taken pro confesso, or the prose

cution thereof deserted; provided that such bill be exhibited before any lapse incurred. § 8.

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

And in case of any such trust confessed or discovered by any answer to such bill or such examination as aforesaid, the court may inforce the producing of the deeds relating to the said trusts, by such methods as they shall find proper. § 10.

4. And by the 11 G. 2. c. 17. It is further enacted, that every grant to be made of any advowson or right of presentation, collation, nomination or donation of and to any benefice, prebend, or ecclesiastical living, school, hospital, or donative, and every grant of any avoidance thereof, by any papist or person making profession of the popish religion, whether such trust be declared by writing or not, shall be null and void, unless such grant be made bona fide, and for a full and valuable consideration to and for a protestant purchaser, and merely and only for the benefit of a protestant; and every such grantee or person claiming under any such grant, shall be deemed to be a trustee for a papist or person professing the popish religion within the aforesaid act of 12 Ann.; and all such grantees, and persons claiming under such grants, and their presentees, shall be compelled to make such discovery relating to such grants and presentations made thereupon, and by such methods, as by the said act. And every devise to be made by any papist or person professing the popish religion, of any such advowson or right of presentation, collation, nomination, or donation or any such avoidance, with intent to secure the benefit thereof to the heirs or family of such papist or person professing the popish religion, shall be null and void; and all such devises, and persons claiming under such devises, and [168] their presentees, shall in like manner be compelled to discover, whether to the best of their knowledge and belief, such devises were not made to the said intent. § 5.

XXXI. Shall be as excommunicated.

1. By the 3 J. c. 5. Every popish recusant convict shall stand and be reputed to all intents and purposes disabled, as a person lawfully and duly excommunicated, and as if he had been so denounced and excommunicated according to the laws of this realm, until he shall conform himself and come to church and hear divine service and receive the sacrament according to the laws of this realm, and take the oaths (of allegiance and supremacy, 1 W. c. 8.); and every person sued by such person so to be disabled, may plead the same in disabling of such plaintiff, as if he were so excommunicated by sentence in the ecclesiastical court. § 11.

2. And by the 3 J. c. 4. Upon any lawful writ warrant or process awarded to any sheriff or other officer, for the taking of any popish recusant (actually) excommunicated for such recusancy; it shall be lawful for such sheriff or other officer, if need be, to break open any house wherein such person excommunicate shall be, or to raise the power of the county, for the apprehending of such person, and the better execution of such warrant, writ, or process. § 35.

XXXII. Shall not repair to court.

1. By the 3 J. c. 5. No popish recusant convict shall come into the court or house where the king or his heir apparent to the crown shall be, unless he be commanded so to do by the king, or by warrant from the lords and others of the privy council, on pain of 100%., half to the king, and half to him that shall sue in any of his majesty's courts of record. § 2.

2. And by the 30 C. 2. st. 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 supremacy, 1 W. c. 8.) and made and subscribed the declaration against popery of the 30 C. 2. st. 2. c. 1. and every member of the house of commons not having taken the said oaths and made and subscribed the said declaration, and every person convicted of popish recusancy, [169] who shall come advisedly into or remain in the presence of the king, or shall come into the court or house where he resides, shall suffer all the pains, forfeitures, and disabilities of this act; unless he do in the next term after such his coming or remaining take the said oaths, and make and subscribe the said declaration, in the high court of chancery, between the hours of nine and twelve in the forenoon: That is to say, he 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; or to be guardian of any child, or executor, or administrator of any person, or capable of any legacy or deed of gift; and shall forfeit 500l. to him who shall sue. $ 5, 6.

But this act shall not extend to the prejudice of any person for coming into or remaining in the presence of the king, who shall first have licence so to do by warrant under the hands and seals of six privy counsellors, by order of his majesty's privy couucil, upon some urgent occasion therein to be expressed; so as such licence exceed not ten days, and that it be first filed and put upon record in the office of the petty bag in chancery, for any one to