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No. 9.

13 & 14 Car. II.

C. 4

Penalty and Man

ner of Conviction for not doing it.

clarati n.

13 Car. 2, c. 6.

See 12 Annæ,
Stat. 2, c. 7.

as in and by the said Book is appointed; upon Pain to forfeit the Sum of Five Pounds to the Use of the Poor of the Parish for every Offence, Upon Conviction by Confession, or Proof of Two credible Witnesses, upon Oath, before Two Justices of the Peace of the County, City, or Town Corporate, where the Offence shall be committed, (which Oath the said Justices are hereby impowered to administer) and in Default of Payment within Ten Days, to be levied by Distress and Sale of the Goods and Chattels of the Offender, by the Warrant of the said Justices, by the Churchwardens, or Overseers of the Poor of the said parish, rendering the Surplusage to the party.

Deans, &c shall VIII. And be it further enacted by the Authority aforesaid, That subscribe the De every Dean, Canon, and Prebendary of every Cathedral or Collegiate Church, and all Masters and other Heads, Fellows, Chaplains, and Tutors of or in any College, Hall, House of Learning or Hospital, and every publick Professor and Reader in either of the Universities, and in every College elsewhere, and every Parson, Vicar, Curate, Lecturer, and every other Person in Holy Orders, and every Schoolmaster keeping any publick or private School, and every Person instructing or teaching any Youth in any House or private Family as a Tutor or School-master, who upon the First Day of May, which shall be in the Year of our Lord God One Thousand Six Hundred See 19 Geo. III. Sixty-Two, or at any Time thereafter, shall be Incumbent or have c. 44. 52 G. III. Possession of any Deanery, Canonry, Prebend, Mastership, Headship, c. 155. [Post Fellowship, Professor's place or Reader's place, Parsonage, Vicarage, Part 5.]

or any other Ecclesiastical Dignity or Promotion, or of any Curate's Place, Lecture, or School, or shall instruct or teach any Youth as Tutor or School-master, shall, before the Feast Day of Saint Bartholomew, which shall be in the Year of our Lord One Thousand Six Hundred Sixty-two, or at or before his or their respective Admission to the Incumbent or have possession aforesaid, subscribe the Declaration or Acknowledgment following, Scilicet,

The Declaration.

. IX.

The Part included

lished by

W. & M. Sess. 1,

c. 8, sec. 11.

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A. B. do declare, That it is not lawful, upon any Pretence whatsoever, to take Arms against the King; and in Brackets abo- that I do abhor that Traiterous position of taking Arms by his Authority against his Person, or against those that are commissionated by him] and that I will conform to the Liturgy of the Church of England, as it is now by Law established: And 1 do declare that I do hold, there lies no Obligation upon me or on any other Person, from the Oath commonly called, The Solemn League and 'Covenant, to endeavour any Change or Alteration of Government ⚫ either in Church or State; and that the same was in itself an unlawful Oath, and imposed upon the Subjects of this Realm against the 'known Laws and Liberties of this Kingdom.'

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X. Which said Declaration and Acknowledgment shall be subscribed by every of the said Masters and other Heads, Fellows, Chaplains, and Tutors of or in any College, Hall, or House of Learning, and by every Publick Professor and Reader in either of the Universities, before the Vice-Chancellor of the respective Universities for the Time being, or his Deputy And the said Declaration or Acknowledgment shall be subscribed before the respective Archbishop, Bishop, or Ordinary of the Diocese, by every other Person hereby enjoined to The Penalty for subscribe the same; upon Pain that all and every of the Persons not subscribing. aforesaid failing in such Subscription, shall lose and forfeit such re

spective Deanry, Canonry, Prebend, Mastership, Headship, Fellowship, Professor's Place, Reader's Place, Parsonage, Vicarage, Ecclesiastical Dignity or Promotion, Curate's Place, Lecture, and School, and shall be utterly disabled and (ipso facto) deprived of the same :

No. 9.

c. 4.

And that every such respective Deanry, Canonry, Prebend, Mastership, Headship, Fellowship, Professor's Place, Reader's Place, Par- 13 & 14 Car. II, sonage, Vicarage, Ecclesiastical Dignity or Promotion, Curate's Place, Lecture and School, shall be void, as if such Person so failing were naturally dead.

But see Stat. 19,

XI And if any School-master or other Person, instructing or Schoolmasters in teaching Youth in any private House or Family as a Tutor or School- private Houses. master, shall instruct or teach any Youth as a Tutor or School-master Geo II. c. 41, before Licence obtained from his respective Archbishop, Bishop, or Sec 2. [Post Pt. 5.] Ordinary of the Diocese, according to the Laws and Statutes of this Realm, (for which he shall pay Twelve-pence only) and before such Subscription and Acknowledgment made as aforesaid; then every such School-master and other, instructing and teaching as aforesaid, shall, for the first Offence, suffer Three Months Imprisonment without Bail or Mainprize; and for every Second, and other such Offence, shall suffer Three Months Imprisonment without Bail or Mainprize; and also forfeit to His Majesty the Sum of Five Pounds: And after such Subscription made, every such Parson, Vicar, Curate, and Lecturer, shall procure a Certificate under the Hand and Seal of the respective Archbishop, Bishop, or Ordinary of the Diocese, (who are hereby enjoined and required, upon Demand, to make and deliver the same) and shall publickly and openly read the same, together with the Declaration or Acknowledgment aforesaid, upon some Lord's Day within Three Months then next following, in his Parish Church where he is to officiate, in the presence of the Congregation there assembled, in the Time of Divine Service; upon Pain that every Person failing therein shall lose such Parsonage, Vicarage, or Benefice, Curate's Place, or Lecturer's Place respectively, and shall be utterly disabled, and ipso facto deprived of the same; and that the said Parsonage, Vicarage, or Benefice, Curate's Place or Lecturer's Place, shall be void as if he was naturally dead.

ration after the

XII. Provided always, That from and after the Twenty-fifth What to be omit Day of March, which shall be in the Year of our Lord God One ted in the Decla Thousand Six Hundred Eighty-Two, there shall be omitted in the 25th of March, said Declaration or Acknowledgment so to be subscribed and read, these Words following, scilicet:

ND I do declare, that I do hold there lies no Obligation on me,

Solemn League and Covenant, to endeavour any Change or Alteration of Government either in Church or State, and that the same was in itself an unlawful Oath, and imposed upon the Subjects of this Realm ' against the known Laws and Liberties of this Kingdom.'

So as none of the Persons aforesaid shall from thenceforth be at all obliged to subscribe or read that Part of the said Declaration or Acknowledgment.

1642.

gation shall not

&c.

XIII. Provided always, and be it enacted, That from and after Persons not orthe Feast of St. Bartholomew, which shall be in the Year of our Lord dained according one thousand six hundred sixty and two, no Person who is now In- to Episcopal Ordcumbent, and in Possession of any Parsonage, Vicarage, or Benefice, hold any Ecclesiand who is not already in Holy Orders by Episcopal Ordination, or astical Promotion, shall not before the said Feast Day of St. Bartholomew be ordained Priest or Deacon, according to the Form of Episcopal Ordination, shall have, hold, or enjoy the said Parsonage, Vicarage, Benefice with Care, 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.

No 9.

c. 4.

XIV. And be it further enacted by the Authority aforesaid, 13 & 14 Car. II. 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; upon 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 cominitted; 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.

No other Form of

in any Church of public Place.

XV. 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.

XVI. 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 publicly read in the Parish Church of the Benefice, Parsonage, or Vicarage becoming void, or whereof the Incumbent shall be deprived by Virtue of this Act.

XVII. And be it further enacted by the Authority aforesaid, Common Prayer That no Form or Order of Common Prayers, Administration of Sato be openly used craments, Rites or Ceremonies, shall be openly used in any Church, Chapel, or other public 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 Governor 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 St. Bartholomew, which shall be in the Year of our Lord One thousand six hundred sixty and two; and every Governor 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 publicly in the Church, Chapel, or other public 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 Subscription to thirty Articles of Religion, mentioned in the Statute made in the the thirty-nine Ar Thirteenth Year of the late Queen Elizabeth, and unto the said Book, in the Stat. 13 Eliz, 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 alt such Governors or Heads of the said Colleges and Halls, or any of 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 publicly read the Morning Prayer and Service in and by the said Book appointed to be read in the Church, Chapel, or other Public 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 Governor or Head of any

ticles mentio ed

c. 12.

1

No. 9.

c..4.

College or Hall, suspended for not subscribing unto the said Articles and Book, or for not reading of the Morning Prayer and Service as 13 & 14 Car. II. aforesaid, shall not at or before the End of six Months next after such Suspension, subscribe unto the said Articles and Book, and declare hts Consent thereunto as aforesaid, or read the Morning Prayer and Service as aforesaid, then such Government or Headship shall be (pso facto) void.

XVIII. Provided always, That it shall and may be lawful to Use the Morning and Evening Prayer, and all other Prayers and Serrice prescribed in and by the said Book, in the Chapels or other Public Places of the respective Colleges and Halls in both the Universities, in 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.

XIX. And be it further enacted by the Authority aforesaid, That no Person shall be or be received as a Lecturer, or permitted, saffered, 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 thereanto licensed by the Archbishop of the Province or Bishop of the Diocese, or (in case the See be void) by the Guardian of the Spiritualties, under his Seal, and shall in the Presence of the same Archbishop Bishop, or Guardian, read the nine and thirty Articles of Religion

or

Who may use the
Service in Latin.

Lectures.

mentioned in the Statute of the thirteenth Year of the late Queen 13 Eliz. c. 19.
Elizabeth, with Declaration of his unfeigned Assent to the same; and
that every Person or Persons who now is, or hereafter shall be licenced,
signed, and appointed, or received as a Lecturer, to preach upon any
Day of the Week in any Church, Chapel, or Place of Public Worship
within this Realm of England, or Places aforesaid, the first Time he
preacheth (before his Sermon) shall openly, publicly, and solemnly
read the Common Pravers and Service in and by the said Book ap-
pointed to be read for that Time of the Day, and then and there pub-
cly and openly declare his Assent unto, and Approbation of, the said
Forms and Orders therein contained and prescribed, according to the
Book, and to the Use of all the Prayers, Rites, and Ceremonies,
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, publicly, and
solemnly read the Common Prayers and Service in and by the said
Lecture or Sermon is to be preached, and after such reading thereof
Book appointed to be read for that Time of the Day at which the said
hall openly and publicly, before the Congregation there assembled,
declare his unfeigned Assent and Consent unto, aud Approbation of,

the said Book, and to the Use of all the Prayers, Rites, and Cere-
monies, Forms and Orders, therein contained and prescribed, accord-
to the Form aforesaid; and that all and every such Person and
forth be disabled to preach the said or any other Lecture or Sermon in
Persons who shall neglect or refuse to do the same, shall from thence
the said or any other Church, Chapel, or Place of public Worship,
til such Time as he and they shall openly, publicly, and solemnly
and conform in all Points to the Things therein appointed and pre-
read the Common Prayers and Service appointed by the said Book,

scribed, according

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to the Purport, true Intent, and Meaning of this

XX. Provided always, That if the said Sermon or Lecture be to Lectures in Cathe be preached or read in any Cahedral of Collegiate Church or Chapel, dral or Colegiate shall be sufficient for the said Lecturer, openly at the Time afore

Churches.

No. 9.

13 & 14 Car. II.

c. 4.

The Penalty upon

Persons disabled

that preach.

Explained by 15
Car. II. c. 6. 7.

Common Prayer

the Lecturer to be present.

said, to declare his Assent and Consent to all Things contained in the said Book, according to the Form aforesaid.

XXI. 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 Mainprize; and that any Two Justices of the Peace of any County of this Kingdom and Places aforesaid, and the Mayor or other Chief Magis trate of any City or Town Corporate within the same, upon Certifi cate 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.

XXII. Provided always, and be it further enacted by the Auto be read before thority aforesaid, That at all and every Time and Times when any every Lecture, and 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 preeched, and that the Lecturer then to preach shall be present at the Reading thereof.

Proviso for Ser in the Universi

mons and Lectures

sies.

Statutes formerly made for Uniformity of Common

&c.

XXIII. 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 anywise notwithstanding.

XXIV. And be it further enacted by the Authority aforesaid, That the several good Laws and Statutes of this Realm, which have Prayer, confirmed, 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 confirming 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 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.

Etanies, &c. re

&c.

XXV. Provided always, and be it further enacted by the AuJating to the King, thority 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 Time, and fitted to the present Occasion, according to the Direction of lawful Authority.

XXVI. Provided also, and be it enacted by the Authority aforeTrue Copies of the Book of Com. said, That a true printed Copy of the said Book, intituled, The Book mon Prayer to be of Common Prayer avd Administration of the Sacraments, and other provided in all Rites and Ceremonies of the Church, according to the Use of the Churches, &c. 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

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