Presentation of Benefices Act 1713

JurisdictionUK Non-devolved
Citation1713 c. 14
Year1713
Anno Regni ANN Reginn Magn, Franci, & Hiberni, duodecimo. Stat. 2. An Act for rendring more effectual an Act made in the third Year of the Reign of King James the First, intituled,An Act to prevent and avoid Dangers which may grow by Popish Recusants ; and also of one other Act made in the first Year of the Reign of their late Majesties King William and Queen Mary intituled, An Act to vest in the two Universities the Presentations of Benefices belonging to Papists ; and for vesting in the Lords of Justiciary Power to inflict the same Punishments against Jesuits, Priests and other trafficking Papists, which the Privy Council of Scotland was impowered to do by an Act passed in the Parliament of Scotland , intituled, An Act for preventing the Growth of Popery .

(13 Ann.) C A P. XIV. (13)

'FO R as much as by an Act of Parliament made in the third Year of the Reign of King James the First, intituled,An Act to prevent and avoid Dangers which may grow by Popish Recusants , and also one other Act made in the first Year of the Reign of their late Majesties King William and Queen Mary , intituled, , the Presentation Nomination, Collation and Donation of and to Benefices, Prebends or Ecclesiastical Livings, Schools, Hospitals and Donatives belonging to Popish Recusants, and other Persons thereby disabled to present, collate or nominate, are given to the two Universities; but they are so given only where such persons are and stand convicted by such Ways and Means as in the said recited Acts are mentioned and provided; which Acts do nevertheless prove ineffectual for such Purposes, by Reason such Patrons are not convicted, or not in such Manner as the said Acts do direct and appoint:' Therefore for making the said Laws more effectual, and for the speedier and easier vesting the Presentations to such Benefices in the two Universities, according to the Intention of the said Laws, Be it enacted by the Queen's most ExcellentMajesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every Papist or Person making Profession of the Popish Religion, and every Child not being a Protestant, under the Age of one and twenty Years, of every such Papist or Person Professing the Popish Religion, and every Mortgagee, Trustee or Person any ways intrusted, directly or indirectly, mediately or immediately, by or for any 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, from and after the tenth Day ofJune which shall be in the Year of our Lord one thousand seven hundred and fourteen, be disabled, and is hereby made incapable to present, collate or 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 that every such Presentation, Collation, Nomination and Grant, and every Admission, Institution and Induction, to be made thereupon, shall be utterly void and of no Effect, to all Intents, Constructions and Purposes whatsoever; and that in every such Case the Chancellor and Scholars of the University ofOxford , and the Chancellor and Scholars 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 Ecclesiastical Living, School, Hospital and Donative, set, lying and being in the respective Counties, Cities and other Places and Limits in the said Act of the third Year of King James mentioned, as in and by the said Act is directed and appointed in the Case of a Popish Recusants Convict.

S-II When any Presentation is brought to any Archbishop, &c. he may tender to the Person, if present, the Declaration in 25 Car. 2. c. 2.

II When any Presentation is brought to any Archbishop, &c. he may tender to the Person, if present, the Declaration in 25 Car. 2. c. 2.

II. And be it further enacted by the Authority aforesaid, That from and after the said tenth Day ofJuly , when and as often as 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, it shall and may be lawful to and for such Archbishop, Bishop, or other Ordinary, and he is hereby required to tender or administer to every such Person, if present, the Declaration against Transubstantiation, set down and expressed in an Act of Parliament made in the five and twentieth Year of the Reign of the late King Charles the Second, intituled, An Act for preventing Dangers which may happen from Popish Recusants , to be by such Person made, repeated and subscribed; and in case such Person shall be absent, the said Archbishop, Bishop or other Ordinaryshall, 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 authorized by such Archbishop, Bishop or other Ordinary, by...

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