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Trial of Tender.; If Issue found for Incumbent, he shall enjoy his Promotion.
Provided alwayes That if any person or Incumbent chargeable by this Act or Grant to any Payment of the said Fower Subsidyes or any part thereof shall proffer or tender Payment of any summe due to the Archbishop or Bishop, or to the Deane and Chapter (where the See is void) or to any Under Collector or Under Collectors Deputy or Deputyes of any Arch-bishop, Bishop or Deane and Chapter aforesaid, at any time before the Certificate exhibited into the Exchequer as is aforesaid, that then and notwithstanding the Certificate made as is aforesaid against any such person, the said Incumbent or person against whom the Certificate was soe, made shall and may averr the offer or tender of his Payment, as is aforesaid, And of the same shall be tryed either by sufficient wittnesses before the Lord Treasurer and Barons of the Exchequer or by the tryall of Twelve men upon any Issue therupon to be joyned betwixt the said Incumbent and any other person or persons that he or any for him did offer or tender Payment of the summe due as aforesaid, which being found for the Incumbent then every such Incumbent shall have and enjoy his Promotion or Promotions still without forfeiture or loseing to Your Majestie Your Heires or Successors any the Profits thereof, And as though noe Certificate or defaulte of any such Payment had beene made or exhibited, Any thing in this present Grant or Act to the contrary notwithstanding.
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