No. 7.

31. Eliz. c. 6.

directly or indireetly, either to him or themselves or to any other of their or any of their Friends, (all ordinary and lawful Fees only excepted) for or to procure the ordaining or making of any Minister or Ministers, or giving of any Orders, or Licence or Licences to preach; that then every person or persons so offending shall for every such Offence forfeit and lose the Sum of Forty Pounds of lawful Money of England, and the Party so corruptly ordained or made Minister, or aking Orders, shall forfeit and lose the Sum of Ten Pounds: And if at any Time within Seven Years next after such corrupt Entering into the Ministry, or receiving of Orders, he shall accept or take any Benefice, Living or Promotion Ecclesiastical, That then immediately from and after the Induction, Investing or Installation thereof or thereunto had, the same Benefice, Living and Promotion Ecclesiastical shall be eftsoons merely void; and that the Patron or the Person to whom the Advowson, Gift, Presentation or Collation shall by Law appertain, shall and may, by Virtue of this Act, present or collate unto, give and dispose of the same Benefice, Living or Promotion. Ecclesiastical, in such Sort to all Intents and Purposes, as if the Party so Inducted, Invested or Installed, had been or were naturally dead; any Law, Ordinance, Qualification or Dispensation to the contrary notwithstanding: The one Moiety of all which Forfeitures shall be to our Sovereign Who shall have Lady the Queen, her Heirs and Successors, and the other Moiety to him or them that will sue for the same, by Action of Debt, Bill, Plaint or Information, in any of her Majesty's Courts of Record, in which no Essoin, Protection, Privilege or Wager of Law, shall be admitted or allowed. Coke Lit. 120. a.

the Forteitures, and by what

Means.

No. 8.

3 Jac. I. c. 5.-An Act to prevent and avoid Dangers which grow by Popish Recusants.

1թ.

3 Jac. I. c. 5.

Benefice, nar grant

XVIII. And be it further enacted by the Authority of this present Parliament, That every Person or Persons that is or shall be a Popish sec. 18, 19, 20, 21. Recusant convict, during the Time that he shall be or remain a Re- A Recusant shal cusant, shall from and after the End of this present Session of Parlia- not present to a ment, be utterly disabled to present to any Benefice with Cure or an Advowson. without Cure, Prebend or any other Ecclesiastical Living, or to collate Enlarged by 1 W. or nominate to any Free School, Hospital or Donative whatsoever, and 12 Annæ, st. 2, and from the Beginning of this present Session of Parliament, shall c. 14. likewise be disabled to grant any Avoidance to any Benefice, Prebend

or other Ecclesiastical Living.

& M. Sess. 1. c. 26.

to a Recusant's

Counties.

XIX. And that the Chancellor and Scholars of the University of The Chancelier Oxford, so often as any of them shall be void, shall have the Presenta- and Scholars of Ox tion, Nomination, Collation and Donation of and to every such Bene- ford shall present fice, Prebend or Ecclesiastical Living, School, Hospital and Donative, Benefice in certalu set, lying and being in the Counties of Oxford, Kent, Middlesex, Jones 17. Sussex, Surrey, Hampshire, Berkshire, Buckinghamshire, Gloucestershire, Worcestershire, Staffordshire, Warwickshire, Wiltshire, Somersetshire, Devonshire, Cornwall, Dorsetshire, Herefordshire, Northamptonshire, Pembrokeshire, Caermarthenshire, Brecknockshire, Monmouthshire, Cardiganshire, Montgomeryshire, the City of London, and in every City and Town, being a County of itself, lying and being within any of the Limits or Precincts of any of the Counties aforesaid, or in, or within any of them, as shall happen to be void during such Time as a Patron thereof shall be and remain a Recusant convict as aforesaid.

No. 8.

3 Jac. 1. c. 5.

The Chancellor

Cambridge.

XX. And that the Chancellor and Scholars of the University of Cambridge, shall have the Presentation, Nomination, Collation and Donation of and to every such Benefice, Prebend or Ecclesiastical and Scholars of Living, School, Hospital and Donative, set, lying and being in the Counties of Essex, Hertfordshire, Bedfordshire, Cambridgeshire, Huntingdonshire, Suffolk, Norfolk, Lincolnshire, Rutlandshire, Lei cestershire, Derbyshire, Nottinghamshire, Shropshire, Cheshire, Lancashire, Yorkshire, the County of Durham, Northumberland, Cumberland, Westmorland, Radnorshire, Denbishire, Flintshire, Carnarvonshire, Angleseyshire, Merionethshire, Glamorganshire, and in every City and Town, being a County of itself, lying within any of the Limits or Precincts of any of the Counties last before mentioned, or in or within any of them, as shall happen to be void during such Time as the Patron thereof shall be and remain a Recusant convict as aforesaid.

None shall be preXXI. Provided, That neither of the said Chancellors and Schosented who hath lars of either of the said Universities, shall present or nominate to another Benefice. any Benefice with Cure, Prebend or other Ecclesiastical Living, any such Person as shall then have any other Benefice with Cure of Souls, and if any such Presentation or Nomination shall be had or made of any such Person so beneficed, the said Presentation or Nomination shall be utterly void; any Thing in this Act to the contrary notwithstanding.

13 & 14 Car. II.

c. 4.

This Act enforced

SEC. 1.

a Eliz. C. 9

No. 9.

13 & 14 Car. II. c. 4.-An Act for the Uniformity of publick 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*

WHEREAS Order of Common Service and Prayer,

HEREAS in the First Year of the late Queen ELIZABETH,

by 5 Anne, c. 5. and of the Administration of Sacraments, Rites, and Ceremonies, in the Church of England, (agreeable to the Word of God, and Usage of the Primitive Church), compiled by the Reverend Bishops and Clergy, set forth in One Book, intituled, The Book of Common Prayer, and Administration of Sacrament, and other Rites and Ceremonies in the Church of England, and enjoined to be used by 'Act of Parliament, holden in the said First Year of the said late Queen, intituled, An Act for the Uniformity of Common Prayer and Service in the Church, and Administration of the Sacraments, (1) very comfortable to all good People desirous to live in Christian Conversa tion, and most profitable to the Estate of this Realm; upon the which the Mercy, Favour, and Blessing of Almighty God is in no wise so readily and plentifully poured, as by Common Prayers, due using of the Sacraments, and often preaching of the Gospel, with Devotion of the Hearers; and yet this notwithstanding, a great Number of People in divers parts of this Realm, following their own Sensuality, and living without Knowledge and due Fear of God, do

17 & 18 Chas. II. Ir.

(1) It was not thought material to insert the Statute of 1 Eliz. c. 2, for the Uniformity of Common Prayer in this Class, but from the connection of some of its Provisions with the Criminal Law, it will be inserted, or more particularly noticed in the Class of Part 5, which relates to Offences against the Established Church.

No. 9.

c. t.

wilfully and schismatically abstain and refuse to come to their parish Churches, and other publick places where Common Prayer, Admi- 13 & 14 Car. IL nistration of the Sacraments, and preaching of the Word of God is ased upon the Sundays and other Days ordained and appointed to be kept and observed as Holy-days: And whereas by the great and scandalous Neglect of Ministers in using the said Order or Liturgy so set forth and enjoined as aforesaid, great Mischiefs and Inconveniences, during the Times of the late unhappy Troubles, have arisen and grown, and many people have been led into Factions and Schisms, to the great Decay and Scandal of the Reformed Religion

mission for review.

of the Church of England, and to the Hazard of many Souls: For The King's Decla Prevention whereof in Time to come, for settling the Peace of the ration aud ComChurch, and for allaying the present Distempers which the Indispo- ing the Book of sition of the Time hath contracted, the King's Majesty, according to Common Prayer, his Declaration of the Five and Twentieth of October, One Thousand and Alterations to be propounded Six Hundred and Sixty, granted his Commission under the Great therein. Seal of England to several Bishops and other Divines, to review the Book of Common Prayer, and to prepare such Alterations and Additions as they thought fit to offer: And afterwards the Convocations of both the Provinces of Canterbury and York, being by his Majesty called and assembled, and now sitting, his Majesty hath been pleased to authorize and require the Presidents of the said Convocations, and other the Bishops and Clergy of the same, to review the said Book of Common Prayer, and the Book of the Form and Manner of the Making and Consecrating of Bishops, Priests, and Deacons : And that after mature Consideration they should make such Additions and Alterations in the said Books respectively, as to them should seem meet and convenient; and should exhibit and present the same to his Majesty in Writing for his further Allowance or Confirmation: Since which Time, upon full and mature Deliberation, they the said Presidents, Bishops, and Clergy, of both Provinces, have accordingly reviewed the said Books, and have made some Alterations which they think fit to be inserted to the same; and some additional Prayers to the said Book of Common Prayer, to be used upon proper and 'emergent Occasions; and have exhibited and presented the same 'unto his Majesty in Writing, in One 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: All which his Majesty having duly considered, hath fully approved and allowed the same, and recommended to this present Parliament, That the said Books of Common Prayer, and of the Form of Ordination and Consecration of Bishops, Priests, and Deacons, with the Alterations and Additions which have been so made and presented to his Majesty by the said Convocations, be the Book which shall be appointed to be used by all that officiate in all Cathedral and Collegiate Churches and Chapels, and in all Chapels of Colleges and Halls in both the Universities, and the Colleges of Eaton and Winchsster, and in all Parish Churches and Chapels within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, and by all that make or consecrate Bishops, Priests, or Deacons, in any of the said places, under such Sanctions and Penalties as the Houses of Parliament shall think fit.

II. Now in regard that nothing conduced more to the Settling of the Peace of this Nation, (which is desired of all good Men,) or to the Honour of our Religion, and the Propagation thereof,

No. 9.

c. 4.

than an universal Agreement in the public Worship of Almighty 13 & 14 Car. II. God;' and to the Intent that every Person within this Realm may The Peace and Ho- certainly know the Rule to which he is to conform in public Wornour of Religion ship, and Administration of Sacraments, and other Rites and much advanced by Ceremonies of the Church of England, and the Manner how and by ment in the public whom Bishops, Priests, and Deacons, are and ought to be made, Worship of God. ordained, and consecrated; be it enacted by the King's most excellent

uniform Agree

Majesty, by the Advice and with the Consent of the Lord's Spiritual and Temporal, and of the Commons, in this present Parliament assembled, and by the Authority of the same, That all and singular Ministers in any Cathedral, Collegiate, or Parish Church or Chapel, or other Place of publick Worship within this Realm of England, Dominion of Wales, and Town of Berwick-upon-Tweed, shall be bound to say and use the Morning Prayer, Evening Prayer, Celebration and Administration of both the Sacraments, and all other the Publick and Common Prayer, in such Order and Form as is mentioned in the said Book annexed and joined to this present Act, and nion Prayer shall 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 or Manner of making, ordaining, and consecrating of Bishops, Priests, and Deacons: And that the Morning and Evening Prayers therein contained shall, upon every Lord's Day, and upon all other Days and Occasions, and at the Times therein appointed, be openly and solemnly read by all and every Minister or Curate, in every Church, Chapel, or other Place of publick Worship, within this Realm of England and Places aforesaid."

The Book of Corn be used

All Parsons, Vicars. and Ministers to read and de.

to use the same.

III. And to the End that Uniformity in the publick Worship of God (which is so much desired) may be speedily effected, be it clare their Assent further enacted by the Authority aforesaid, That every Parson, Vicar, or other Minister whatsoever, who now hath and enjoyeth any Ecclesiastical Benefice or Promotion within this Realm of England or Places aforesaid, shall, in the Church, Chapel, or Place of publick Worship, belonging to his said Benefice or Promotion, upon some Lord's Day before the Feast of St. Bartholomew, which shall be in the Year of our Lord God one thousand six hundred sixty and two, openly, publickly, and solemnly read the Morning and Evening Prayer appointed to be read by and according to the said Book of Common Prayer, at the Times thereby appointed; and after such Reading thereof, shall openly and publickly, before the Congregation there assembled, declare his unfeigned Assent and Consent to the Use of all Things in the said Book contained and prescribed, in these Words, and no other.

The Penalty for refusing.

IV. 4. B. do here declare my unfeigned Assent and Consent to all and every Thing contained and prescribed in and by the 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 or Manner of making, or daining, and consecrating of Bishops, Priests, and Deacons.'

V. And that all and every such Person, who shall (without some 23 Gev. II. c. 2u. Jawful Impediment to be allowed and approved of by the Ordinary of the place) neglect or refuse to do the same within the Time aforesaid, (or in case of such Impediment, within One Month after such Impediment removed,) shall ipse facto be deprived of all his Spiritual

Promotions: And that from thenceforth it shall be lawful to and for

No. 9.

C 4.

all Patrons and Donors of all and singular the said Spiritual Promo- 13 & 14 Car. II. tions, or of any of them, according to their respective Rights and Titles, to present or collate to the same, as though the Person or Persons so offending or neglecting were dead. (2)

Every Parson shall

clue is Assent

VI. And be it further enacted by the Authority aforesaid, That every Person who shall hereafter be presented or collated, or put into read the Common any Ecclesiastical Benefice or Promotion within this Realm of England Prayer, and deand Places aforesaid, shall, in the Church, Chapel, or Place of Publick thereto. Worship belonging to his said Benefice of Promotion, within Two Months next after that he shall be in the actual Possession of the said Ecclesiastical Benefice or Promotion, upon some Lord's Day, openly, publickly, and solemnly read the Morning and Evening Prayers appointed to be read by and according to the said Book of Common Prayer, at the Times thereby appointed; and after such Reading thereof shall openly and publickly, before the Congregation there assembled, declare his unfeigned Assent and Consent to the Use of all Things therein contained and prescribed, according to the Form before appointed: And that all and every such Person who shall (without some lawful Impediment to be allowed and approved by the Ordinary 2 Show. 53. of the Place) neglect or refuse to do the same within the Time aforesaid, (or in case of such Impediment, within One Month after such pediment removed) shall (ipso facto) be deprived of all his said Ecclesiastical Benefices and Promotions: And that from thenceforth it shall and may be lawful to and for all Patrons and Donors of all and singular the said Ecclesiastical Benefices and Promotions, or any of them, according to their respective Rights and Titles, to present or collate to the same, as though the Person or Persons so offending or neglecting were dead.

The Penalty for not so doing.

Incumbents of

VII. And be it further enacted by the Authority aforesaid, That Livings, keeping in all Places where the proper Incumbent of any Parsonage or Vicar- Curates, shall read age, or Benefice with Cure, doth reside on his Living and keep a the same once eve Carate, the Incumbent himself in person (not having some lawful y Mouth. Impediment to be allowed by the Ordinary of the Place) shall once at the least) in every Month openly and publickly read the Common Prayers and Service in and by the said Book prescribed, and (if there be Occasion) administer each of the Sacraments and other Rites of the Church, in the Parish Church or Chapel, of or belonging to the same Parsonage, Vicarage, or Benefice, in such Order, Manner, and Form,

(2) In Powel v. Milbank, 2 Bl. Rep. 851, which was an Action for Money bad and received to try the Title of the Plaintiff as Incumbent of a Donative. Two questions were made-1st, Whether an Incumbent of a Donative were bliged to conform to this Statute and 13 Eliz. (supra No. 6,) as to which the Court strongly inclined to think in the affirmative, observing, that the point seemed to have been settled in Carver v. Pinkney, 3 Leo. 82. 2dly, Whether ere necessary for him to give Evidence in that Action that he had complied with the Statutes, upon which the Court were of Opinion, that as no Evidence had been given by the Defendant to raise a doubt whether the Plaintiff had bscribed, &c. it was not incumbent on him to give evidence of his having actually done so. The Presumption (said De Grey, C. J.) always is, that every Man conforms to the Laws, and that Presumption shall stand till Something appears to shake it; nor is the Defendant hereby put upon proving a direct Negative. It is a Negative qualified with Circumstances. Some of these Ceremonies are to be performed publicly within a limited Time, Registers are kept of the others. And if Evidence had been given that a Person had regularly attended the Church and heard Nothing of this matter, or it a Search had been made in the Bishop's Register and Nothing had been found therein, this would have destroyed the Presumption, and put the Plaintiff on the Proof of his having performed these Requisites.-S. C. by the name of Powell v. Milburn, 3 Wils.

355.