per ann. nor be licensed or admitted to serve the cure of such rector or vicar lefs than 2ol. in his abfence, the faid bifhop or ordinary having regard to the an on neglect greatnefs of the cure, and the value of the ecclefiaftical benemay fequefter fices of fuch rector or vicar, fhall, on or before the granting the benefice. fuch licence, appoint by writing under his hand and feal a fuf

of payment

&c. the next

avoidance,&c.

ficient certain ftipend or allowance, not exceeding fifty pounds per annum, nor lefs than twenty pounds per annum, to be paid or anfwered at fuch times as he fhall think fit, by fuch rector or vicar, to fuch curate, for his fupport and maintenance; and if it fhall appear to the bishop or ordinary, upon complaint or otherwife, that any curate of fuch rector or vicar, licensed or admitted before the faid nine and twentieth day of September in the year of our Lord one thousand seven hundred and fourteen, hath not a fufficient maintenance, it shall be lawful to and for the faid bishop or ordinary to appoint him a certain stipend or allowance in like manner as before mentioned; and in cafe any difference fhall arife between any rector or vicar and his curate, touching fuch ftipend or allowance, or the payment thereof, the bifhop or ordinary, on complaint to him made, fhall fummarily hear and determine the fame; and in cafe of neglect or refusal to pay fuch ftipend or allowance, may fequefter the profits of fuch benefice, for or until payment thereof.

Penalty of II. And whereas fome of the clergy have procured preferments for taking for any themselves by buying ecclefiaftical livings, and others have been thereby fum of money, difcouraged, be it further enacted by the authority aforefaid, That if any perfon, from and after the twenty ninth day of September one thousand seven hundred and fourteen, fhall or do, for any fum of money, reward, gift, profit or advantage, directly or indirectly, or for or by reason of any promife, agreement, grant, bond, covenant or other affurance, of or for any fum of money, reward, gift, profit or benefit whatsoever, directly or indirectly, in his own name, or in the name of any other perfon or perfons, take, procure, or accept the next avoidance of, or prefentation to any benefice with cure of fouls, dignity, prebend, or living ecclefiaftical, and fhall be prefented or collated thereupon, that then every fuch presentation or collation, and every admiffion, inftitution, inveftiture and induction upon the fame, fhall be utterly void, fruftrate, and of no effect in law, and fuch agreement fhall be deemed and taken to be a fimoniacal contract; and that it fhall and may be lawful to and for the Queen's majefty, her heirs and fucceffors, to prefent or collate unto, or give or beftow every fuch benefice, dignity, prebend, and living ecclefiaftical, for that one time or turn only; and the perfon fo corruptly taking, procuring, or accepting any fuch benefice, dignity, prebend or living, thall thereupon, and from thenceforth, be adjudged a difabled person in Jaw to have and enjoy the fame benefice, dignity, prebend, or living ecclefiaftical, and fhall alfo be fubject to any punishment, pain or penalty, limited, prefcribed or inflicted by the laws ecclefiaftical, in like manner as if fuch corrupt agreement had

been

been made after fuch benefice, dignity, prebend, or living ecclefiaftical had become vacant; any law or ftatute to the contrary in any wife notwithstanding.

'CAP. XIII.

An act to discharge and acquit the commiffioners of equivalent for the fum of three hundred eighty one thousand five bundred and nine pounds fifteen fillings ten pence half-penny by them duly ifjued out of the fum of three hundred ninety eight thousand eighty five pounds ten shillings, which they received.

WHEREAS by the treaty of union, and fifteenth article

thereof, it is agreed, That Scotland shall have an equivalent for what the fubjects thereof shall be charged towards payment of the debts of England contracted before the union, in all particulars whatfoever, and particularly that the fum of three hundred ninety eight thoufand eighty five pounds and ten fhillings fhould be granted to her Majefty as an equivalent to Scotland, for fuch part of the customs and excife there, as should be applicable to the payment of the faid debts of England, according to the proportions therein fet down; and it is agreed, That her Majesty be impowered to appoint commiffioners, who fhould be accountable to the parliament of Great Britain, for difpofing the faid fum of three hundred ninety eight thoufand eighty five pounds and ten fillings, and all other monies which shall arife to Scotland upon the agreements in the treaty of union, to the purpofes mentioned in the faid fifteenth article, in an act of the last parliament of Scotland, intituled, An act concerning the payment of the fums out of the equivalent to the African company; in an- 6 Ann. c. 240 other act of the faid laft parliament, intituled, An act concerning the publick debts; and in an act of the first parliament of Great Britain, intituled, An act for further directing the payment of the equivalent money: and whereas her Majesty, by commiffion dated the fifth of June one thousand feven hundred and feven, did nominate and appoint Sir Andrew Hume, William Dalrimple, Efq; Sir Robert Sinclair of Stevenfon, Sir Thomas Burnett of Leyes, Sir John Arefkine of Alva, Sir John Swinton of the fame, Sir James Campbell of Abernehill, Sir James Smollett of Bonhill, Sir Patrick Johnfton, Sir Francis Grant, baronets; George Baillie of Jervife Wood, John Haldon of Gleneagles, John Bruce of Kinrofs, William Seton the younger of Pittmedin; John Clarke the younger of Pennycook; Álexander Abercrombie of Gleftock, Mungo Grame of Gorthy, John Graham of Dugalftowne, John Pringle of Haining, Douglas the younger of

Kellhead, Daniel Campbell of Buttes, Efq; Sir John Cope, knight, Jacob Raynardfon, John Brydges and James Houblon, Efars. commiffioners for difpofing the aforesaid fum of three hundred ninety eight thousand eighty five pounds and ten fbillings, and all other monies which shall arife to Scotland upon the agreements in the treaty of union: and by another commiffion dated the fix and twentieth of July one thousand feven hundred and nine, did nominate and ap

point the aforefaid Sir Andrew Hume, William Dalrimple, Efq; Sir Robert Sinclair of Stevenson, Sir Thomas Burnett of Leyes, Sir John Arefkine of Alva, Sir John Swinton of the fame, Sir James Campbell of Abernehill, Sir James Smollet of Bonhill, Sir Patrick Johnfton, Baronets; John Bruce of Kinross, William Seton the younger of Pittmedin, Alexander Abercrombie of Gleffock, John Pringle of Hayning, Efq; Sir John Cope, Knt. and John Brydges, Efq; to be commiffioners for the fame ends and purpofes; which commiffioners, or the major part of them, pursuant to their faid commiffions, have well and duly iffued and paid the fum of three hundred eighty one thousand five hundred and nine pounds fifteen fhillings and ten pence halfpenny, as directed by the laws above recited, in manner herein after fet down, viz. towards the lofs which private perfons fustained by the reducing the English money then in Scotland to the current rate in England, the fum of three thousand and feventeen pounds eighteen fillings and nine pence; for recoining the Scots and foreign money, and reducing it to the fandard of the coin of England, the fum of forty nine thousand eight hundred eighty eight pounds fourteen fillings and eleven pence one fixth of a penny; towards payment of the flock, intereft and debts of the Indian and African company, the fum of two hundred twenty nine thousand fix hundred and eleven pounds four fhillings and eight pence; towards the charges of the commiffioners, fecretaries, and accountants of the two treaties of union, the fum of thirty thousand four bundred ninety eight pounds twelve shillings and two pence; towards payment of the first clafs of the civil lift, the fum of twenty feven thousand five hundred fifty three pounds feventeen fillings and nine pence one third of a penny towards payment of the fecond class of the civil lift, the fum of four thousand fix hundred fifty five pounds and fix fhillings; towards payment of the first class of the military lift, the fum of fourteen thousand one hundred eighty eight pounds and eight pence; towards payment of the fecond clafs of the military lift, the fum of fourteen thousand four hundred fifty eight pounds to fillings and eight pence five fixths of a penny; for the fees and falaries of the fervants of the commiffion, till the fourteenth of March, and thirtieth of April laft paft, the fum of five thousand four hundred and thirteen pounds eleven fillings and four pence; for the neceffarý charges of the commiffion, and for defending of law fuits where the titles of parties were not clear, these charges preceding the fix and twentieth day of March laff, amounted to the fum of two thousand two hundred twenty four pounds fix fillings and ten pence one fixth of a penny: all which Jums together amount to the above total of three hundred eighty one thousand five hundred and nine pounds fifteen fillings and ten pence halfpenny: be it therefore, &c.

Commiffioners of the equivalent difcharged of the fums paid by them upon the feveral heads mentioned in this act. But not freed from applying the fum of 16,575l. 14s. 1d. ob. now remaining in their hands, to the ufes by the acts directed. E X P.

III. And whereas it appears, that the other publick debts of Scotland yet unfatisfied, which are adjusted and certified, pursuant to the

directions

directions of the feveral acts above recited, do amount to the fum of two hundred and thirty thousand three hundred and eight pounds nine fillings and ten pence and five fixths of a penny, including the intereft of fuch parts thereof as bear intereft from the twenty fourth day of June one thousand feven hundred and eight, to the twenty fourth day of June ane thoufand feven hundred and fourteen; be it therefore enacted, &c.

The commiffioners to call for all certificates, &c. and cancel all deben- Redeemed by tures by which the unfatisfied debt is conftituted, and to issue new deben- 5 Geo.1. c. 20. tures, to bear intereft at sl. per cent. after 24 June 1714. and paid out of the first money due to Scotland. EX P.

CAP. XIV.

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 recufants; and also of one other alt made in the first year of the reign of their late majefties King William and Queen Mary, intituled, An act to veft in the two univerfities the prefentations of benefices belonging to papifts; and for vefting in the lords of jufticiary power to inflict the fame punishments against jefuits, priests, and other trafficking papifts, which the privy council of Scotland was impowered to do by an act paffed in the parliament of Scotland, intituled, An act for preventing the growth of popery.

OR as much as by an act of parliament made in the third year of 3 Jac. 1. c. the reign of King James the Firft, intituled, An act to prevent

and avoid dangers which may grow by popish recufants; and

alfa one other act made in the first year of the reign of their late ma W. & M. feflt jefties King William and Queen Mary, intituled, An act to veft 1. c.26. in the two univerfities the prefentation of benefices belonging to papifts, the prefentation, nomination, collation and donation of and to benefices, prebends, or ecclefiaftical livings, fchools, hofpitals and donatives belonging to popish recufants, and other perfons thereby difabled to prefent, collate or nominate, are given to the two univerfities; but they are fo given only where fuch perfons are and fand convicted by Juch ways and meaus as in the faid recited acts are mentioned and provided, which acts do nevertheless prove ineffectual for fuch purpafes, by reafon fuch patrons are not convicted, or not in fuch manner as the faid acts do direct and appoint: therefore for making the faid laws more effectual, and for the fpeedier and easier vefting the presentations to fuch benefices in the two universities, according to the intention of the faid laws, be it enacted by the After 10 July Queen's most excellent majefty, by and with the advice and 1714, papiits, confent of the lords fpiritual and temporal, and commons, in &c. difabled to this prefent parliament affembled, and by the authority of benefice, &c. the fame, That every papift or perfon making profeffion of the popith religion, and every child-not being a protestant, under

the

prefent to any

the age of one and twenty years, of every such papift or person profeffing the popish religion, and every mortgagee, trustee or perfon any ways intrufted, directly or indirectly, mediately or immediately, by or for any fuch papift or perfon making profeffion of the popish religion, or fuch child, as aforesaid, whether fuch trust be declared by writing or not, fhall, from and after the tenth day of July which shall be in the year of our Lord one thousand seven hundred and fourteen, be difabled, and is hereby made incapable to prefent, collate or nominate to any benefice, prebend, or ecclefiaftical living, school, hofpital or donative, or to grant any avoidance of any benefice, prebend, or ecclefiaftical living; and that every fuch presentation, collation, nomination and grant, and every admiffion, inftitution and induction to be made thereupon, shall be utterly void and of no effect, to all intents, conftructions, and purposes whatsoever; and that in every fuch case the chancellor and scholars of the university of Oxford, and the chancellor and scholars of the university of Cambridge, by what name or names foever they or either of them are incorporated, fhall refpectively have the prefentation, noraination, collation and donation, of and to every fuch benefice, prebend, or ecclefiaftical living, fchool, hofpital and donative, fet, lying, and being in the respective counties, cities, and other places and limits in the faid act of the third year of King James 3 Jac. 1. c. 5. mentioned, as in and by the faid act is directed and appointed in the case of a popish recufant convict.

And the two universities

fhall have the prefentation, &c. in the respective counties, &c. mentioned in

When any

archbishop,

claration in

II. And be it further enacted by the authority aforefaid, presentation is That from and after the faid tenth day of July, when and as brought to any often as any prefentation to any benefice or ecclefiaftical living &c. he may fhall be brought to any archbishop, bishop, or other ordinary, tender to the from any person who fhall be reputed to be, or whom such perfon, if pre- archbishop, bishop, or other ordinary, fhall have caufe to fuffent, the de- pect to be a papift, or truftee of any perfon making profeffion 25 Car.2.c.2. of the popish religion, or fufpected to be fuch, it fhall and may be lawful to and for fuch archbishop, bishop, or other ordinary, and he is hereby required to tender or administer to every fuch perfon, if prefent, the declaration against transubstantiation, fet 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 recufants, to be by fuch perfon made, repeatIf abfent, fum- ed and fubfcribed; and in cafe fuch perfon fhall be abfent, the faid archbishop, bifhop, or other ordinary fhall, by notice in writing to be left at the place of habitation of fuch perfon, appoint fome convenient time and place when and where fuch perfon fhall appear before fuch archbishop, bishop, or other ordinary, or fome perfons to be authorized by fuch archbishop, bishop, or other ordinary, by commiffion under his or their feal of office; and upon fuch appearance, the faid archbishop, bifhop, or other ordinary, or fuch commiffioners, fhall tender or adminifter the faid declaration to the perfon making fuch prefentation; and in cafe fuch perfon fhall neglect or refufe to

mon him to appear.

make