No. 6. By sect. 6. the answer of such Patron, and the person PART I. for whom he is intrusted, and his and their Clerk, or any of them, and their examination and affidavits taken as afore- Stat. 2 said by order of any Court, where such Quare impedit shall Anne c. 14. be depending, or by any Archbishop, Bishop, or other The anOrdinary, or the Commissioners as aforesaid, (which examin-swer of ations shall therefore be reduced into writing, and signed such Paby the party examined,) shall be allowed as evidence against to be alsuch Patron so presenting, and his Clerk. tron, &c. lowed as Persons By sect. 7. provided that no such bill, nor any discovery evidence. to be made by any answer thereunto, or to any such ex- making amination as aforesaid, shall be made use of to subject any such disperson making such discovery, or not answering such bill, covery, liable only to any penalty or forfeiture other than the loss of the pre-to the loss sentation then in question. of the pre If such bill By sect. 8. in case of any such bill of discovery exhibited sentation. by the Chancellor and Scholars, or their presentee, no lapse be exhishall incur, nor plenarty be a bar against them in respect of bited by the benefice or ecclesiastical living, touching which such bill the Unishall be exhibited till after three months from the time that versity, no lapse shall the answer to such bill shall be put in, or the same be taken incur, &c. pro confesso, or the prosecution thereof deserted, provided till three that such bill be exhibited before any lapse incurred. months af ter the answer put in, &c. The Uni writ of By sect. 9. the Chancellors and Scholars may sue a writ of Quare impedit, by the name of Chancellor and Scholars, versity may or by their proper names of incorporation at their election. sue any By sect. 10. in case of any such trust confessed or disQuare imcovered by any answer to such bill or such examination as pedit, &c. aforesaid, the Court may inforce the producing of the deeds The Court relating to the said trusts, by such methods as they shall may infind proper. 11 GEO. II. Cap. 17. Sect. 5. An Act for securing the Estates of Papists conforming to the Protestant Religion, against the Disabilities created by several Acts of Parliament relating to Papists; and for rendering more effectual the several Acts of Parlia ment made for vesting in the two Universities in that part of Great Britain called England, the Presentations of Benefices belonging to Papists. of force the producing of deeds relating to trusts. No. 7. IT is further enacted, That every grant to be made Every advowson or right of presentation, collation, nomina-grant of any any eccle No. 7. siastical PART I. tion, or donation of and to any benefice, prebend, or eccleCLASS II. siastical living, school, hospital, or donative; and every Stat. 11 grant of any avoidance thereof, by any Papist or person G. 2. c. 17. making profession of the popish religion, whether such trusts be declared by writing or not, shall be null and void, unless living, &c. such grant be made bond fide, and for a full and valuable by Papist, 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 An. and all Protestant such Grantees, and persons claiming under such grants, and purchaser. their presentees, shall be compelled to make such discovery void, unless for valuable consideration, or relating to such grants and presentations made thereupon, and by such methods as by the said Act is directed. And every device 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 families of such Papist, or person professing the popish reEvery de- ligion, shall be null and void; and all such devisees or perof any ec- sons claiming under such devisees and their presentees, shall clesiastical in like manner be compelled to discover, whether, to the best living by a of their knowledge and belief, such devises were not made Papist, to the said intenta. vise made void. No. 8. 31 El. c. 6. Anno 1 GULIELMI et MARIÆ, Cap. 16. An Act that the Simoniacal Promotion of one person may not prejudice another. WHEREAS it hath often happened, that persons simoniack or simoniacally promoted to benefices or ecclesiastical livings, have enjoyed the benefit of such livings many years, and sometimes all their lifetime, by reason of the secret carriage of such simoniacal dealing; and after the death a These abstracts of Acts upon presentations to benefices belonging to Papists are introduced as supplementary to stat. 3 Jac. 1. c. 5. Part I. Class II. No. 4. p. 154. The severer clauses of that statute, though unrepealed generally, have not, from the good sense of later times, been carried into execu tion; and by stat. 31 Geo. 3. c. 32. they are virtually repealed as to those who are willing to comply with the requisitions of that statute, which are, that they must appear at some of the Courts at Westminster, or at the Quarter Sessions for the place where they reside, and make and subscribe a declaration that they profess the Roman Catholic religion, and take an oath similar to that contained in stat. 18 Geo. 3. c. 60. and thereupon certain forms are prescribed. No. 8. Stat. 1 c. 16. of such simoniack person, another person innocent of such PART I. crime, and worthy of such preferment, being presented or CLASS II. promoted by another patron innocent also of that simoniacal contract, have been troubled and removed upon pretence W. and M. of lapse (or otherwise) to the prejudice of the innocent patron in reversion, and of his Clerk, whereby the guilty go away with profit of his crime, and the innocent succeeding patron and his Clerk are punished, contrary to all reason and good conscience: where it 2 Haw. P. II. For prevention whereof, be it enacted by the King's Simoniacal and Queen's most Excellent Majesties, by and with the contract advice and consent of the Lords Spiritual and Temporal, shall not and Commons, in this present Parliament assembled, and prejudice. by the authority of the same, That, after the death of the Vin. V. 19. person so simoniacally promoted, the offence or contract of 455, &c. simony shall, neither by way of title in pleading, or in c. 389, & evidence to a Jury, or otherwise, hereafter be alleged or 396. pleaded, to the prejudice of any other patron innocent of simony, or of his Clerk by him presented or promoted, upon pretence of lapse to the crown, metropolitan, or otherwise, unless the person simoniack or simoniacally presented, or his patron, was convicted of such offence at the common law, or some Ecclesiastical Court, in the lifetime of the person simoniack or simoniacally promoted or presented; any law or statute to the contrary notwithstanding. good. III. And be it also provided, enacted, and declared by Lease made the authority aforesaid, That no lease or leases, really and bond fide bona fide made, or hereafter to be made, by any such by simonist person as aforesaid, simoniack or simoniacally promoted See further, to any deanery, prebend, or parsonage, or other ecclesias- 12 Ann. tical benefice or dignity, for good and valuable considera- stat. 2. c. tion, to any tenant or person not being privy unto, or having notice of such simony, shall be impeached or avoided for or by reason of such simony, but shall be good and effectual in law, the said simony notwithstanding. Anno 12 ANNE, Cap. 12. Sect. 2. An Act for the better Maintenance of Curates within the II. AND whereas some of the Clergy have procured preferments for themselves by buying ecclesiastical livings, and others have been thereby discouraged; be it further 12. No. 9. No. 9. the next & M. stat. 1. c. 16. PART I. enacted by the authority aforesaid, That if any person, CLASS II. from and after the twenty-ninth day of September one Stat. 12 thousand seven hundred and fourteen, shall or do, for any Anne c. 12. sum of money, reward, gift, profit, or advantage, directly or indirectly, or for or by reason of any promise, agreement, Penalty of taking for grant, bond, covenant, or other assurance, of or for any any sum of sum of money, reward, gift, profit, or benefit whatsoever, money, &c. directly or indirectly, in his own name, or in the name of avoidance, any other person or persons, take, procure, or accept the &c. 31 El. next avoidance of, or presentation to any benefice with c. 6.1 W. cure of souls, dignity, prebend, or living ecclesiastical, and shall be presented or collated thereupon, that then every such presentation or collation, and every admission, institution, investiture, and induction upon the same, shall be utterly void, frustrate, and of no effect in law, and such agreement shall be deemed and taken to be a simoniacal contract; and that it shall and may be lawful to and for the Queen's Majesty, her heirs and successors, to present or collate unto, or give or bestow every such benefice, dignity, prebend, and living ecclesiastical, for that one time or turn only; and the person so corruptly taking, procuring, or accepting any such benefice, dignity, prebend, or living, shall thereupon, and from thenceforth, be adjudged a disabled person in law, to have and enjoy the same benefice, dignity, prebend, or living ecclesiastical, and shall also be subject to any punishment, pain or penalty, limited, prescribed, or inflicted by the laws ecclesiastical, in like manner as if such corrupt agreement had been made after such benefice, dignity, prebend, or living ecclesiastical had be come vacant; any law or statute to the contrary in any wise notwithstanding. No. 10. Anno 7 and 8 GEO. IV. Cap. 25. An Act for the Relief of certain Spiritual Persons and Patrons of Ecclesiastical Preferments, from certain Penalties; and rendering valid certain Bonds, Covenants, or other Assurances for the Resignation of Ecclesiastical Preferments. [14th June, 1827.] WHEREAS by an Act made and passed in the thirty first year of the reign of her late Majesty Queen Elizabeth, 31 Eliz. c.6.intituled An Act against Abuses in Elections of Scholars This Statute has been generally understood as only to prohibit Clergymen from purchasing livings themselves; the intention therefore is frequently frustrated by procuring persons to purchase for them. 3 Burn's E. L. 372. Degge's P. C. 68. No. and Presentations to Benefices, it is enacted in the words or PART I. to the effect following; to wit, "For the avoiding of Simony 10. CLASS II. "and Corruption in presentations, collations, and dona- Stat. 7 & 8 "tions of and to benefices, dignities, prebends, and other G. 4. c. 25. "livings and promotions ecclesiastical, and in admissions, "institutions, and inductions to the same, be it further "enacted by the authority aforesaid, that if any person "or persons, bodies politic and corporate, shall or do "at any time after the end of forty days next after the "end of this Session of Parliament, for any sum of money, "reward, gift, profit, or benefit, directly or indirectly, "or for or by reason of any promise, agreement, grant, "bond, covenant, or other assurance, of or for any sum "of money, reward, gift, profit, or benefit whatsoever, "directly or indirectly present or collate any person to any benefice with cure of souls, dignity, prebend, or "living ecclesiastical, or give or bestow the same for or "in respect of any such corrupt cause or consideration, "that then every such presentation, collation, gift, and be"stowing, and every admission, institution, investiture, and "induction thereupon, shall be utterly void, frustrate, and of "none effect in law; and that it shall and may be lawful to "and for the Queen's Majesty, her heirs and successors, to present, collate unto, or give or bestow every such benefice, dignity, prebend, and living ecclesiastical, for that one "time or turn only; and that all and every person or persons, bodies politic and corporate, that from thence"forth shall give or take any such sum of money, reward, gift, or benefit, directly or indirectly, or that shall take or "make any such promise, grant, bond, covenant, or other assurance, shall forfeit and lose the double value of one "year's profit of every such benefice, dignity, prebend, "and living ecclesiastical; and the person so corruptly tak❝ing, procuring, seeking, or accepting any such benefice, "dignity, prebend, or living, shall thereupon and from "thenceforth be adjudged a disabled person in law to have "or enjoy the same benefice, dignity, prebend, or living eccle"siastical:" And whereas since the passing of the said Act many Spiritual Persons or others, before or after the presentation or collation or appointment by donation, of Spiritual Persons to Spiritual Offices, being benefices with cure of souls, dignities, prebends, or livings ecclesiastical, have made, given, or entered into certain engagements by promise, agreement, grant, bond, covenant, or other assurance, to or with the patron or patrons of such Spiritual Offices, or to or with some other person or persons for the resignation of such Spiritual Offices, to the intent or pur 66 66 66 66 |