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nation, or shall not before the said Feast-day of Saint Bartholomew be Ordained Priest or Deacon, according to the form of Episcopal Ordination, shall have, hold or enjoy the said Parsonage, Vicarage, Benefice with Cure, or other Ecclesiastical Promotion within this Kingdom of England or the Dominion of Wales, or Town of Berwick upon Tweed, but shall be utterly disabled, and ipso facto deprived of the same, and all his Ecclesiastical Promotions shall be void, as if he was naturally dead.

them, as are or shall be in holy Orders, shall once (at least) in every Quarter of the year (not having a lawful Impediment) openly and publickly Read the Morning Prayer and Service in and by the said Book appointed to be Read in the Church, Chapel, or other Publick place of the same College or Hall; upon pain to lose, and be suspended of and from all the Benefits and Profits belonging to the same Government or Headship, by the space of Six months, by the Visitor or Visitors of the same College or Hall; And if any Governour or Head of any College or Hall, Suspended for not Subscribing unto the said Articles and Book, or for not Reading of the Morning Prayer and Service as aforesaid, shall not at or before the end of Six months next after such suspension, Subscribe unto the said Articles and Book, and declare his consent thereunto as aforesaid, or Read the Morning Prayer and Service as aforesaid, then such Government or Headship shall be ipso

And be it further Enacted by the Authority aforesaid, That no person whatsoever shall thenceforth be capable to be admitted to any Parsonage, Vicarage, Benefice or other Ecclesiastical Promotion or Dignity whatsoever, nor shall presume to Consecrate and Administer the holy Sacrament of the Lord's Supper, before such time as he shall be Ordained Priest according to the form and manner in and by the said Book prescribed, unless he have formerly been made Priest by Episcopal Ordination; up-facto void. on pain to forfeit for every offence the sum of One hundred pounds; one moiety thereof to the King's Majesty; the other moiety thereof to be equally divided between the poor of the Parish where the offence shall be committed; and such person or persons as shall sue for the same by Action of Debt, Bill, Plaint or Information, in any of his Majesty's Courts of Record, wherein no Essoin, Protection or Wager of Law shall be allowed, and to be disabled from taking or being admitted into the Order of Priest, by the space of one whole year then next following.

Provided that the Penalties in this Act shall not extend to the Foreigners or Aliens of the Foreign Reformed Churches allowed or to be allowed by the King's Majesty, His Heirs and Successors in England.

Provided always, That no title to confer or present by lapse, shall accrue by any avoidance or deprivation ipso facto by virtue of this Statute, but after six months after notice of such avoidance or deprivation given by the Ordinary to the Patron, or such sentence of deprivation openly and publickly read in the Parish-Church of the Benefice, Parsonage, or Vicarage becoming void, or whereof the Iucumbent shall be deprived by virtue of this Act.

And be it further Enacted by the Authority aforesaid, That no Form or Order of Common Prayers, Administration of Sacraments, Rites or Ceremonies, shall be openly used in any Church, Chapel or other Publick place of or in any College or Hall in either of the Universities, the Colleges of Westminster, Winchester or Eaton, or any of them, other than what is prescribed and appointed to be used in and by the said Book; and That the present Governour or Head of every College and Hall in the said Universities, and of the said Colleges of Westminster, Winchester and Eaton, within one month after the Feast of Saint Bartholomew, which shall be in the year of our Lord One thousand six hundred sixty and two; And every Governour or Head of any of the said Colleges or Halls hereafter to be elected or appointed, within one month next after his Election or Collation, and Admission into the same Government or Headship, shall openly and publickly in the Church, Chapel, or other Publick place of the same College or Hall, and in the presence of the Fellows and Scholars of the same, or the greater part of them then resident, Subscribe unto the Nine and Thirty Articles of Religion, mentioned in the Statute made in the thirteenth year of the Reign of the late Queen Elizabeth, and unto the said Book, and declare his unfeigned assent and consent unto, and approbation of, the said Articles, and of the same Book, and to the use of all the Prayers, Rites and Ceremonies, Forms and Orders in the said Book prescribed and contained, according to the form aforesaid; and that all such Governours or Heads of the said Colleges and Halls, or any of

Provided always, That it shall and may be lawful to use the Morning and Evening Prayer, and all other Prayers and Service prescribed in and by the said Book, in the Chapels or other Publick places of the respective Colleges and Halls in Eoth the Universities, in the Colleges of Westminster, Winchester and Eaton, and in the Convocations of the Clergies of either Province in Latin; Any thing in this Act contained to the contrary notwithstanding.

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And be it further Enacted by the Authority 19 aforesaid, That no person shall be or be received as a Lecturer, or permitted, suffered or allowed to preach as a Lecturer, or to Preach or Read any Sermon or Lecture in any Church, Chapel, or other Place of Publick Worship, within this Realm of England or the Dominion of Wales, and Town of Berwick upon Tweed, unless he be first approved, and thereunto licensed by the Archbishop of the Province or Bishop of the Diocese, or (in case the See be void) by the Guardian of the Spiritualities, under his Seal, and shall in the presence of the same Archbishop or Bishop, or Guardian, read the Nine and Thirty Articles of Religion mentioned in the Statute of the Thirteenth year of the late Queen Elizabeth, with Declaration of his unfeigned assent to the same; and That every person and persons who now is, or hereafter shall be Licensed, Assigned, Appointed, or Received as a Lecturer, to preach upon any day of the week in any Church, Chapel or Place of Publick Worship within this Realm of England or Places aforesaid, the first time he preacheth (before his Sermon) shall openly, publickly and solemnly Read the Common Prayers and Service in and by the said Book appointed to be read for that time of the day, and then and there publickly and openly declare his assent unto, and approbation of, the said Book, and to the use of all the Prayers, Rites and Ceremonies, Forms and Orders therein contained and prescribed, according to the Form before appointed in this Act; And also shall upon the first Lecture-day of every Month afterwards, so long as he continues Lecturer or Preacher there, at the place appointed for his said Lecture or Sermon, before his said Lecture or Sermon, openly, publickly and solemnly read the Commion Prayers and Service in and by the said Book appointed to be read for that time of the day at which the said Lecture or Sermon is to be Preached, and after such Reading thereof shall openly and publickly, before the Congregation there assembled, declare his unfeigned assent and consent unto, and approbation of, the said Book, and to the use of all the Prayers, Rites and Ceremonies, Forms and Orders therein contained and prescribed, according to the form aforesaid; and That all and every such person and persons who shall neglect or refuse to do the same, shall from thenceforth be disabled to Preach the said or any other Lecture or Sermon in the said or

Title of Act.

28° & 29° VICTORIÆ, Cap. 122.

13 & 14 Chas. 2. C. 4. An Act for the Uniformity of Public Prayers and Administration of Sacraments and other Rites and Ceremonies, and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons in the Church of England.

17 & 18 Chas. 2. c. 6. (Irish).

I Wm. & Mary, c. 8. An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths.

3 Will. & Mary, cap. 2. An Act for the abrogating the Oath of Supremacy in Ireland and appointing other Oaths.

1 Geo. I. st. 2. c. 13. An Act for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors.

23 G. 2. c. 28.

1 & 2 Vict. c. 106.

Clerical Subscription.

Description of repealed Enactments.

The whole of Sections Six, Eight, and Eleven, and Section Nineteen, except the Words following: "No Person shall be or be received as a Lecturer,

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or permitted, suffered, or allowed to preach as "a Lecturer, or to preach or read any Sermon or "Lecture in any Church, Chapel, or other Place "of Public Worship within this Realm of England, "or the Dominion of Wales and Town of Berwick"upon-Tweed, unless he be first approved and "thereunto licensed by the Archbishop of the "Province or Bishop of the Diocese, or (in case "the See be void) by the Guardian of the Spiri"tualities under his Seal."

The whole of Sections Three, Five, and Six, and Section Eighteen, except the Words following: "That no Person shall be or be received as a "Lecturer, or permitted, suffered, or allowed to "preach as a Lecturer, or to preach or read any "Sermon or Lecture in any Church, Chapel, or "other Place of Public Worship within this Realm "of Ireland, unless he be first approved and there"unto licensed by the Archbishop of the Province "or Bishop of the Diocese, or (in case the See be "void) by the Guardian of the Spiritualities under "his Seal."

The whole Act so far as relates to any Oath to be taken by any Person who is ordained or is licensed to a Stipendiary Curacy, or presented, instituted, collated, elected, or licensed to any Benefice, Perpetual Curacy, Lectureship, or Preachership.

So much of Section Four as relates to Persons admitted to any Ecclesiastical Office or Employment.

Sections Two and Seven, so far as they relate to any Oath to be taken by any Person who is ordained or is licensed to a Stipendiary Curacy, or presented, instituted, collated, elected, or licensed to any Benefice, Perpetual Curacy, Lectureship, or Preachership.

The whole Act.

Part of Section Eighty-one, beginning with the Words "and in every Case in which Application "shall be made" to the End of the Section.

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any other Church, Chapel or place of Publick Worship, until such time as he and they shall openly, publickly and solemnly read the Common Prayers and Service appointed by the said Book, and conform in all points to the things therein appointed and prescribed, according to the purport, true intent and meaning of this Provided always, That if the said Sermon or Lecture be to be preached or read in any Cathedral or Collegiate Church or Chapel, it shall be sufficient for the said Lecturer, openly at the time aforesaid, to declare his assent and consent to all things contained in the said Book, according to the Form aforesaid.

Act.

| time, and fitted to the present occasion, according to the direction of lawful Authority. Provided also, and be it Enacted by the Authority aforesaid, That a true Printed Copy of the said Book, Intituled, The Book of Common Prayer and Administration of the Sacraments, and other Rites and Ceremonies of the Church, according to the use of the Church of England; together with the Psalter or Psalms of David, Pointed as they are to be sung or said in Churches, and the form and manner of Making, Ordaining and Consecrating of Bishops, Priests, and Deacons, shall at the costs and charges of the Parishioners of every Parish-Church and Chapelry, Cathedral Church, College and Hall, be attained and gotten before the Feast-day of Saint Bartholomew in the year of our Lord One thousand six hundred sixty and two; upon pain of forfeiture of Three pounds by the month, for so long time as they shall then after be unprovided thereof, by every Parish or Chapelry. Cathedral Church, College and Hall, making default therein.

And be it further Enacted by the Authority aforesaid, That if any person who is by this Act disabled to Preach any Lecture or Sermon, shall during the time that he shall continue and remain so disabled, Preach any Sermon or Lecture; That then for every such offence, the person and persons so offending shall suffer Three months' Imprisonment in the Common Gaol without Bail or Mainprise; and that any two Justices of the Peace of any County of this Kingdom and places aforesaid, and the Mayor or other chief Magistrate of any City or TownCorporate within the same, upon Certificate from the Ordinary of the place made to him or them of the Offence committed, shall and are hereby required to commit the person or persons so offending, to the Gaol of the same County, City or Town-Corporate accordingly.

Provided always, and be it further Enacted by the Authority aforesaid, That at all and every time and times when any Sermon or Lecture is to be Preached, the Common Prayers and Service in and by the said Book appointed to be Read for that time of the day shall be openly, publickly and solemnly Read by some Priest or Deacon, in the Church, Chapel or place of Publick Worship, where the said Sermon or Lecture is to be Preached, before such Sermon or Lecture be Preached, and that the Lecturer then to Preach shall be present at the Reading thereof.

Provided nevertheless, That this Act shall not extend to the University-Churches in the Universities of this Realm, or either of them, when or at such times as any Sermon or Lecture is preached or Read in the said Churches, or any of them, for or as the publick University-Sermon or Lecture; but that the same Sermons and Lectures may be Preached or Read in such sort and manner as the same have been heretofore Preached or Read; This Act, or any thing herein contained, to the contrary thereof in any wise notwithstanding.

And be it further Enacted by the Authority aforesaid, That the several good Laws and Statutes of this Realm, which have been formerly made, and are now in force, for the Uniformity of Prayer and Administration of the Sacraments, within this Realm of England and places aforesaid, shall stand in full force and strength, to all intents and purposes whatsoever, for the establishing and confirining of the said Book, Entituled, The Book of Common Prayer and Administration of the Sacraments, and other Rites and Ceremonies of the Church, according to the use of the Church of England; together with the Psalter or Psalms of David, Pointed as they are to be sung or said in Churches, and the form or manner of Making, Ordaining and Consecrating of Bishops, Priests and Deacons, herein before mentioned to be joined and annexed to this Act; and shall be applied, practised and put in use for the punishing of all offences contrary to the said Laws, with relation to the Book aforesaid, and no other. Provided always, and be it further Enacted by the Authority aforesaid, That in all those Prayers, Litanies and Collects, which do any way relate to the King, Queen or Royal Progeny, the Names be altered and changed from time to

Provided always, and be it Enacted by the Authority aforesaid, That the Bishops of Hereford, Saint David's, Asaph, Bangor and Landaff, and their Successors, shall take such order among themselves, for the souls' health of the Flocks committed to their charge within Wales, That the Book hereunto annexed be truly and exactly Translated into the British or Welsh Tongue; and that the same so Translated, and being by them, or any three of them at the least, viewed, perused and allowed, be Imprinted to such number at least, so that one of the said Books so Translated and Imprinted, may be had for every Cathedral, Collegiate and Parish-Church, and Chapel of Ease, in the said respective Dioceses and places in Wales, where the Welsh is commonly spoken or used, before the First day of May One thousand six hundred sixty-five; and That from and after the Imprinting and publishing of the said Book so Translated, the whole Divine Service shall be used and said by the Ministers and Curates throughout all Wales within the said Dioceses where the Welsh Tongue is commonly used, in the British or Welsh Tongue, in such manner and form as is prescribed according to the Book hereunto annexed to be used in the English Tongue, differing nothing in any Order or Form from the said English Book; for which Book, so Translated and Imprinted, the Church-wardens of every of the said Parishes shall pay out of the Parish-money in their hands for the use of the respective Churches, and be allowed the same on their Account; and That the said Bishops and their Successors, or any Three of them at the least, shall set and appoint the price for which the said Book shall be sold: And one other Book of Common Prayer in the English Tongue shall be bought and had in every Church throughout Wales, in which the Book of Common Prayer in Welsh is to be had by force of this Act, before the First day of May One thousand six hundred sixty and four, and the same Books to remain in such convenient places within the said Churches, that such as understand them may resort at all convenient times to read and peruse the same, and also such as do not understand the said Language, may by conferring both Tongues together, the sooner attain to the knowledge of the English Tongue; Any thing in this Act to the contrary notwithstanding: And until Printed Copies of the said Book so to be Translated may be had and provided, the Form of Common Prayer established by Parliament before the making of this Act, shall be used as formerly in such parts of Wales where the English Tongue is not commonly understood.

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And to the end that the true and perfect 28 Copies of this Act, and the said Book hereunto annexed, may be safely kept and perpetually preserved, and for the avoiding of all disputes for the time to come; Be it therefore Enacted

Of Acts of Uniformity.

In the 2nd year of Edward the Sixth a Prayer Book was established by Stat. 2 and 3 Edw. VI. c. 1. This act was not printed with the Prayer Book. The second Prayer Book of Edw. VI. was established by Stat. 5 and 6 Edw. VI. c. 1, s. 5, in which the revision of the former book is announced, and ascribed rather to the curiosity of ministers and mistakers than to any other worthy cause; the Form of Making and Consecrating of Archbishops, Bishops, Priests and Deacons is added, and declared to be of the same force as the Book of Common Prayer. This act was printed with the edition of the Prayer Book in 1552. A Prayer Book was likewise established by Stat. 1 Eliz. C. 2. But the regulations made in the several acts of uniformity for the establishing of the several respective Books are enforced by Stat. 13 and 14 Car. II. c. 4, s. 24, by which it was enacted "that the several good laws and statutes of the realm, which have been formerly made and are now in force for the uniformity of prayer and administration of the sacraments, shall stand in full force and strength to all intents and purposes whatsoever, for the establishing and confirming of the said book hereintofore mentioned to be joined and annexed to this act, and shall be applied, practised, and put in use for the punishing of all offences contrary to the said laws with relation to the book aforesaid and no other." By the same statute a true printed copy of this Book of Common Prayer is to be procured for every parish church, chapelry, cathedral church, college and hall, at the cost of the parishioners, and a fine of £3 a month levied for neglect.

In Kemp v. Wilkes, Sir John Nichol gave this useful summary. The Book of

Common Prayer, and therefore the rubric contained in the Book of Common Prayer, has been confirmed by parliament. Anciently and before the Reformation, various liturgies were used in this country, and it should seem as if each bishop might in his own particular diocese direct the form in which the public service was to be performed; but after the Reformation, in the reigns of Edward the Sixth and Queen Elizabeth, acts of uniformity passed, and those acts of uniformity established a particular liturgy to be used throughout the kingdom. King James the First made some alteration in the Liturgy, particularly, as it will be necessary to notice, in this matter of baptism. Immediately upon the Restoration, the Book of Common Prayer was revised. An attempt was then made to render it satisfactory both to the Church itself and to those who dissented from the Church, particularly to the Presbyterians; and for that purpose conferences were held in the Savoy: but the other party requiring an entire new liturgy on an entire new plan, the conference broke up without success. The Liturgy was then revised by the two houses of convocation: it was approved by the king; it was presented to the parliament, and an act was passed confirming it in the 13 and 14 Car. II., being the last act which was passed upon the subject; and so it stands confirmed to this day, except so far as any alteration may have been produced by the Toleration Act or by any subsequent statutes. The rubric then or the directions of the Book of Common Prayer form a part of the statute law of the land. STEPHENS' Laws relating to the Clergy, Vol. 11. 1079–80.

OF THE PREFACE, &c.

THIS Preface was prefixed in 1662; its composition is ascribed to Sanderson, Bishop of Lincoln.

Of the Revision Elizabeth ascended the throne on the 17th Nov. 1558. In the December following a committee was privately appointed to review the Edwardine Service Books and to prepare a new Book for the Queen's approval. The committee consisted of Bill, afterwards dn of Westminster, Parker, afterwards archbp of Canterbury, May, afterwards archbp elect of York, Cox, afterwards bp of Ely, Whitehead, who is said by Anthony

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Wood to have refused the archbishopric of Canterbury when it was offered to him by Queen Elizabeth, Grindal, afterwards bp of London, and Pilkington, afterwards bp of Durham, with Sir Thos. Smith as President. In consequence of the illness of Parker, Guest, afterwards bp of Rochester, was called in. From a paper submitted by him to Sir Wm. Cecil, the Queen's Secretary, we gather that the committee not only gave the preference

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by the Authority aforesaid, That the respective Deans and Chapters of every Cathedral or Collegiate Church within England and Wales shall at their proper costs and charges, before the twenty-fifth day of December One thousand six hundred sixty-two, obtain under the Great Seal of England a true and perfect printed Copy of this Act, and of the said Book annexed hereunto, to be by the said Deans and Chapters, and their Successors, kept and preserved in safety for ever, and to be also produced and shewed forth in any Court of Record, as often as they shall be thereunto lawfully required; And also there shall be delivered true and perfect Copies of this Act and of the same Book, into the respective Courts at Westminster, and into the Tower of London, to be kept and preserved for ever among the Records of the said Courts, and the Records of the Tower, to be also produced and shewed forth in any Court, as needs shall require; which said Books so to be exemplified under the Great Seal of England, shall be examined by such persons as the King's Majesty shall appoint, under the Great Seal of England, for that purpose, and shall be compared with the Original Book hereunto annexed, and shall have power to correct and amend in writing any Error committed by the Printer in the printing of the same Book, or of any thing therein contained, and shall certify in writing under their Hands and Seals, or the Hands and Seals of any Three of them, at the end of the same Book, that they have examined and compared the same Book, and find it to be a true and perfect Copy; which said Books, and every one of them, so exemplified under the Great Seal of England as aforesaid, shall be deemed, taken, adjudged and expounded to be good and available in the Law, to all intents and purposes whatsoever, and shall be accounted as good Records as this Book itself hereunto annexed; Any Law or Custom to the contrary in any wise notwithstanding.

Provided also, That this Act or any thing therein contained shall not be prejudicial or hurtful unto the King's Professor of Law within the University of Oxford, for or concerning the Prebend of Shipton within the Cathedral Church of Sarum, united and annexed unto the place of the same King's Professor for the time being by the late King James of blessed

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agreed upon by the Archbishops, and Bishops of both Provinces, and the whole Clergy in the Convocation holden at London, in the year of our Lord One thousand five hundred sixty-two, for the avoiding of diversities of Opinions, and for establishing of consent touching true Religion, is in these words following, viz.

That the Book of Consecration of Archbishops, and Bishops, and Ordaining of Priests and Deacons, lately set forth in the time of King Edward the Sixth, and confirmed at the same time by Authority of Parliament, doth contain all things necessary to such Consecration and Ordaining, neither hath it any thing that of itself is superstitious and ungodly: And therefore whosoever are Consecrated or Ordered according to the Rites of that Book, since the second year of the aforenamed King Edward unto this time, or hereafter shall be Consecrated or Ordered according to the same Rites, We decree all such to be rightly, orderly and lawfully Consecrated and Ordered

It be Enacted, and be it therefore Enacted by the Authority aforesaid, That all Subscriptions hereafter to be had or made unto the said Articles by any Deacon, Priest or Ecclesiastical person, or other person whatsoever, who by this Act, or any other Law now in force, is required to Subscribe unto the said Articles, shall be construed, and taken to extend, and shall be applied (for and touching the said Six and thirtieth Article) unto the Book containing the form and manner of Making, Ordaining and Consecrating of Bishops, Priests and Deacons, in this Act mentioned, in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the Sixth, mentioned in the said Six and thirtieth Article; anything in the said Article, or in any Statute, Act or Canon heretofore had or made, to the contrary thereof in any wise notwith standing.

Provided also, That the Book of Common Prayer, and Administration of the Sacraments, and other Rites and Ceremonies of the Church of England, together with the form and manner of Ordaining and Consecrating Bishops, Priests and Deacons, heretofore in use, and respectively established by Act of Parliament in the First and Eighth years of Queen Elizabeth, shall be still used and observed in the Church of England, until the Feast of Saint Bartholomew, which shall be in the year of our Lord God One thousand six hundred sixty and two.

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