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13 & 14 C. 2. c. 4. § 25.

That is, (according to practice,) of the
Gibs. 280.

king or queen in council.
7. By the 1 El. c. 2. The book of common prayer shall be
provided at the charges of the parishioners of every parish and
cathedral church before a certain day. $19.

This was intended of the book of common prayer, as then established by that act.

Books of common

prayer to be provided.

By Can. 80. The churchwardens or questmen of every church and chapel shall, at the charge of the parish, provide the book of [249] common prayer, lately explained in some few points by his majesty's authority, according to the laws and his highness's prerogative in that behalf; and that with all convenient speed, but at the furthest within two months after the publishing of these our constitutions.

And this was intended of the same book of common prayer, as altered in the conference at Hampton-court as aforesaid.

Finally, by the 13 & 14 C. 2. c. 4. A true printed copy of the (present) book of common prayer, shall at the costs and charges of the parishioners of every parish church and chapelry, cathedral church, college, and hall, be provided before the feast of St. Bartholomew 1662; on pain of 37. a month, for so long time as they shall then after be unprovided thereof. § 26.

And the respective deans and chapters of every cathedral or collegiate church were required at their proper costs and charges, before Dec. 25. 1662, to 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 need shall require, which said books so to be exemplified under the great seal of England, shall be examined by such persons as the king shall appoint under the great seal of England for that purpose, and shall be compared with the original book hereunto annexed, and they shall have power to correct and amend in writing any error committed by the printer in printing of the same book, 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, so exemplified under the great seal, shall be deemed to be good and available in the

Declaration

of assent thereunto.

law to all intents and purposes, and shall be accounted as good records as this book itself hereunto annexed. § 28.

8. By the 13 & 14 C. 2. c. 4. Every person who shall be presented, or collated, or put into any ecclesiastical benefice or promotion, shall in the church, chapel, or place of public worship [250] belonging to the same, 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, publicly, 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, or to be appointed; and after such reading thereof, shall openly and publicly, before the congregation there assembled, declare his unfeigned assent and consent to the use of all things therein contained and prescribed, in these words and no other: "I A. 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 ad"ministration 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 every such person, who shall (without some lawful impediment to be allowed and approved 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 ipso facto be deprived of all his said ecclesiastical benefices and promotions; and the patron shall present or collate as if he were dead. § 6.

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And every person who shall be appointed or received as a lecturer, to preach upon any day of the week, in any church, chapel, or place of public worship, the first time he preacheth (before his sermon) shall openly, publicly, and solemnly read the common prayers and service appointed to be read for that time of the day, and then and there publicly 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, according to the form before appointed in this act; and 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 for that time of the day, and after such reading thereof shall openly and publicly before the congregation there assembled declare his unfeigned assent unto the said book, ac[251]cording to the form aforesaid: and every such person who shall neglect or refuse to do the same, shall from thenceforth be dis

abled to preach the said or any other lecture or sermon in the said or any other church, chapel, or place of public worship, until he shall openly, publicly, and solemnly read the common prayers and service appointed by the said book, and conform in all points to the things therein prescribed, according to the purport and true intent of this act. Provided, that if the said lecture be to be 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. And if any person who is by this act disabled (or prohibited, 15 C. 2. c. 6. § 7.) to preach any lecture or sermon, shall during the time that he shall continue so disabled (or prohibited) preach any sermon or lecture, he shall suffer three months' imprisonment in the common gaol: and any two justices of the peace of any county within this realm, and the mayor or other chief magistrate of any city or town corporate within the same, upon certificate from the ordinary made to him or them of the offence committed, shall and are hereby required to commit the person so offending to the gaol of the same county, city, or town corporate. Provided that at all 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, publicly, and solemnly read by some priest or deacon, in the church, chapel, or place of public 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. And provided, that this act shall not extend to the university churches, when any sermon or lecture is preached there as and for the university sermon or lecture; but the same may be preached or read in such sort and manner as the same have been heretofore preached or read. ff 19, 20, 21, 22, 23.

tion and

9. Every dean, canon, and prebendary of every cathedral or Subscripcollegiate church, and all masters and other heads, fellows, chap- declaration lains, and tutors of or in any college, hall, house of learning, or of confor hospital, and every public professor and reader in either of the mity. universities, and in every college elsewhere, and every parson, vicar, curate, lecturer, and every other person in holy orders, and every schoolmaster keeping any public or private school, and every person instructing or teaching any youth in any house or [252] private family as a tutor or schoolmaster, who shall be incumbent, or have possession of any deanery, canonry, prebend, mastership, headship, fellowship, professor's place or reader's place, parsonage, vicarage, 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 schoolmaster, shall, at or

[253]

before his admission to be incumbent or having possession aforesaid, subscribe the declaration following: "I A. B. do declare, "that I will conform to the liturgy of the church of England, as "it is now by law established." 13 & 14 C. 2. c. 4. §8. 1 W. sess. 1. c. 8. § 11.

Which said declaration 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 public professor and reader in either of the univerities, before the vice chancellor or his deputy; and by every other of the said persons before the archbishop, bishop, or ordinary of the diocese (or his vicar-general, chancellor, or commissary, 15 C. 2. c. 6. § 5.): on pain of forfeiting such office, place, promotion, or dignity), and being utterly disabled and ipso facto deprived of the same; which shall be void, as if such person failing were naturally dead, 13 § 14 C. 2. c. 4. § 10.

And if any schoolmaster or other person instructing or teaching youth in any private house or family as a tutor or schoolmaster shall instruct or teach any youth as a tutor or schoolmaster before such subscription, he shall for the first offence suffer three months' imprisonment, and for the second and every other offence shall suffer three months' imprisonment, and also forfeit 51. to the king. § 11.

And after such subscription made, every such parson, vicar, or curate and lecturer, shall procure a certificate under the hand and seal of the respective archbishop, bishop, or ordinary of the diocese (who shall make and deliver the same upon demand); and shall publicly and openly read the same, together with the said declaration, 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 (without some lawful impediment to be allowed and approved by the ordinary of the place, 23 G. 2. c. 28.) shall lose such place respectively, and be disabled and ipso facto deprived thereof, and the same shall be void as if he were naturally dead.

§ 11. Provided, that the penalties in this act shall not extend to the foreigners or aliens of the foreign reformed churches, allowed by the king, his heirs and successors in England.

15.

Provided, 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' 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. $16.

And no form or order of common prayers, administration of

sacraments, 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, or of the colleges of Westminster, Winchester, or Eton, other than what is prescribed by the said book; and every governor or head of any of the said colleges or halls, shall within one month next after his election or collation and admission into the same government or headship, 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 said book, and declare his unfeigned assent and consent thereunto, and to the use of all the prayers, rites and ceremonies, forms and orders therein prescribed and contained, according to the form aforesaid: and all such governors or heads of the said colleges and halls as 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; on pain to lose and be suspended 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 such governor or head so suspended for not subscribing to the said 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 book and declare his consent thereto as aforesaid, or read the morning prayer and service as aforesaid, then such government or headship shall be ipso facto void. § 17.

Provided, that in the same colleges and halls as aforesaid, the [254] said service as aforesaid may be used in Latin. § 18.

Provided also, that nothing in this act shall be prejudicial to the king's professor of the 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 memory. § 29.

contemn

using the

10. By Can. 4. Whosoever shall affirm, that the form of God's Penalty of worship in the church of England, established by law, and coning or not tained in the book of common prayer and administration of sacraments, is a corrupt, superstitious, or unlawful worship of same. God, or containeth any thing in it that is repugnant to the scriptures, let him be excommunicated ipso facto, and not restored but by the bishop of the place, or archbishop, after his repentance and public revocation of such his wicked errors.

By Can. 38. If any minister after he hath subscribed to the book of common prayer, shall omit to use the form of prayer, or

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