Presentation of Benefices Act 1688

II. Trustees for Popish Recusants Convict, or for Persons disabled by 3 Jac. I. c. 5. also disabled to present.

In such Case Universities to present.; Trustees, &c. of Avoidance, presenting without Notice of Avoidance to Vice-Chancellor of University entitled by this Act to present,; Penalty £500.; Presentation by Universities of Person beneficed, void.; What Absence makes Living void.; Disability purged by taking Oaths of c. 8. ante, and making Declaration of c. 15. ante.

[X1 And bee it further enacted by the authoritie aforesaid That where any person or persons are or shall be seised or possessed of any Advowson Right of Presentation Collation or Nomination to any such Ecclesiasticall Liveing Free Schoole or Hospitall as aforesaid in Trust for any Papist or Popish Recusant who shall be convicted or disabled according to the true intent and meaning of the said Statute made in the third yeare of the Raigne of the said King James the First or by this present Act Every such person and persons soe seised and possessed in Trust for any Papist or Popish Recusant convict or disabled shall be and are hereby adjudged to be disabled to present nominate or collate to any such Ecclesiasticall Liveing Free Schoole or Hospitall or to grant any Avoidance thereof and their and every of their Presentations Nominations Collations and Grants shall be null and void to all intents and purposes whatsoever And the Chancellors and Schollers of the said respective Universities as aforesaid upon every Avoidance shall have the Presentations Nominations and Collations to such Ecclesiasticall Liveings Free Schooles and Hospitalls in such manner as they should have the same in case such Recusant convict or disabled were seized or possessed thereof And in case any Trustee or Trustees or Mortgagee or Grantee of any Avoidance hereafter present nominate or collate or cause to be presented nominated or collated any person to any such Ecclesiasticall Liveing Free Schoole or Hospitall whereof the Trust shall be for any Recusant convict or disabled without giveing notice of the Avoidance in Writeing to the Vice-Chancellor for the time being of the University to whome the Presentation Nomination or Collation shall belong according to the true intent of this Act within three months after the Avoidance shall happen such Trustee or Trustees Mortgagees or Grantees shall forfeit and pay the summe of five hundred pounds to the said respective Chancellors and Schollers of either of the said Universities to whome such Presentation Nomination or Collation shall belong according to the true intent of this present Act to be recovered in any of their Majestyes Courts of Record by Action of Debt Bill Plaint or Information wherein noe Essoigne Protection or Wager of Law shall be allowed Provided alwayes That the said Chancellors and Schollers of either of the said Universities shall not present or nominate to any Benefice with Cure Prebend or other Ecclesiasticall Liveing any person as shall then have any other Benefice with Cure of Soules And if any such Presentation shall be had or made of any such person soe beneficed the said Presentation shall be utterly void any thing in this Act to the contrary notwithstanding Provided That if any person soe presented or nominated to any Benefice with Cure shall be absent from the same above the space of sixty dayes in any one year that in such Case the said Benefice shall become void] Provided nevertheless That if any such person shall present himselfe before the Justices of the Peace at the Generall Quarter Sessions to be holden for the County Rideing Division or Liberty where his Name was recorded and shall there in open Court make repeate and subscribe the said Declaration and take the severall Oaths contained in one Act of this present Parlyament Entituled An Act for the Abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths he shall from thenceforth be discharged of and from the said Disability and be enabled to make such Presentation Collation Nomination and Donation and Grant of any Avoidance to any Benefice Prebend or Ecclesiasticall Liveing Schoole or Hospitall as if this Act had not beene made.

Editorial Information

X1 annexed to the Original Act in a separate Schedule.