Presentation of Benefices Act 1688

3 Jac. I. c. 5.; Persons refusing Declaration of c. 15. ante, or, upon Notice, refusing, &c. to appear before Justices of Peace to have their Names, &c. certified, &c. thereupon disabled to present, &c. to any Benefice, &c.; Universities in such Cases to present, &c.

WHEREAS in and by a certaine Clause mentioned in one Act of Parlyament made in the third yeare of the Raigne of King James the First Entituled An Act to prevent and avoid Dangers which may grow by Popish Recusants It is enacted That every person or persons that is or shall be a Popish Recusant Convict dureing the time that he shall be or remaine a Recusant shall from and after the end of that present Session of Parlyament be utterly disabled to present to any Benefice with Cure or without Cure Prebend or any other Ecclesiasticall Liveing or to collate or nominate to any Free Schoole Hospitall or Donative whatsoever and from the begining of the said Parlyament shall likewise be disabled to grant any avoidance to any Benefice Prebend or other Ecclesiasticall Liveing Bee it enacted by the King and Queens most excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authoritie of the same That every person who shall refuse or neglect to make repeate and subscribe the Declaration mentioned in one Act of this present Parlyament Entituled An Act for the better Secureing the Government by [X1 disabling] Papists and Reputed Papists when the same shall be tendred to such person by any two or more Justices of the Peace as in the said Act is enacted or who shall upon notice given as in the said Act is directed refuse or forbeare to appeare before them for the makeing repeating and subscribeing thereof and shall thereupon have his Name Sirname and usuall place of abode certified and recorded at the Generall Quarter Sessions to be holden for the Shire Rideing Division or Liberty for which such two Justices shall be Justices of the Peace by the Clerke of the Peace or Towne Clerke as in the said Act is appointed Every such person soe recorded shall be from and after the time of such Record made adjudged taken and esteemed disabled to make such Presentation Collation Nomination Donation or Grant of any avoidance of any Benefice Prebend or Ecclesiasticall Liveing as fully and amply as if such person were a Popish Recusant Convict by the Laws or Statutes of this Realme any Law Statute or Usage to the contrary notwithstanding And that the Chancellor and Schollers of the University of Oxford and the Chancellor and Schollers of the University of Cambridge by what Name or Names soever they or either of them are incorporated shall respectively have the Presentation Nomination Collation and Donation of and to every such Benefice Prebend or Ecclesiasticall Liveing Schoole Hospitall and Donative sett lying and being in the respective Counties Cities and other the Places and Limitts in the said Act of the third of King James mentioned as in and by the said Act is directed and appointed soe often as any of them shall become void according to the Limitations Directions and Provisions in that behalfe limitted enacted and provided

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: disarmeing O. [O. refers to a collection in the library of Trinity College, Cambridge]