'V. And because there hath arisen in 'the Use and Exercise of the aforesaid 'Common Service in the Church hereto'fore set forth, divers Doubts for the 'Fashion and M. nner of the Ministration of the same, rather by the Curiosity of 'the Minister and Mistakers, than of any 'other worthy Cause; therefore as well 'for the more plain and manifest Explanation hereof, as for the more Per'fection of the said Order of Common 'Service, in some places where it is necessary to make the same Prayers ' and Fashion of Service more earnest 'and fit to stir Christian People to the 'true honouring of Almighty God;' the King's most excellent Majesty, with the Assent of the Lords and Commons in this present Parliament assembled, and by the Authority of the same, hath caused the aforesaid order of Common Service, entitled The Book of Common Prayer, to be faithfully and godly perused, explained and made fully perfect, and by the aforesaid Authority hath annexed and joined it, so explained and perfected, to this present Statute: Adding also a Form and Manner of making and conse crating of Archbishops, Bishops, Priests and Deacons, to be of like Force, Authority and Value as the same like foresaid Book, intituled The Book of Common Prayer, was before, and to le accepted, received, used and esteemed in like Sort and Manner, and with the same Clauses of Provisions and Exceptions, to all Intents, Constructions and Purposes, as by the Act of Parliament made in the second Year of the King's Majesty's Reign was ordained, limited, expressed and appointed for the Uniformity of Service and Administration of the Sacraments throughout the Realm, upon such several Pains as in the said Act of Parliament is expressed. And the said former Act to stand in full Force and Strength, to all Intents and Constructions, and to be applied, practised and put in Use, to and for the establishing of the Book of Common Prayer, now explained and hereunto annexed, and also the said Form of making of Archbishops, Bishops, Priests and Deacons hereunto annexed, as it was for the former Book. Declaration of Assent. The following Clerical Subscription Act repeals part of the XXVIII. & XXIX. VICTORIÆ. CAP. CXXII. An Act to amend the Law as to the Subscriptions and Ireland. and Oaths required to be made and taken by the Clergy of the United Church of England and Ireland should be altered and simplified: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: I. The following Declaration is herein-after referred to as "the Declaration of Assent." 'I 4. B. do solemnly make the following Declaration : 'I assent to the Thirty-nine Articles of Religion, and to the Book ' of Common Prayer and of the ordering of Bishops, Priests, and 'Deacons. I believe the Doctrine of the United Church of England 23 24 hear, and determine the offences abovesaid, and every of them yearly, within fifteen days after the Feast of Easter, and Saint Michael the Archangel, in like manner and form as Justices of Assize and Oyer, and Determiner may do. not for the same offence eftsoons receive punishment of the Ordinary: Any thing contained in this Act to the contrary notwithstanding. Provided always, and be it Enacted, That 25 such ornaments of the Church and of the ministers thereof shall be retained, and be in use, as Provided always, and be it Ordained, and En- was in this Church of England by the Authority acted by the Authority aforesaid, That all and of Parliament in the second year of the Reign singular Archbishops, and Bishops, and every of King Edward the Sixth, until other order of their Chancellors, Commissaries, Archdea- shall be therein taken by Authority of the cons, and other Ordinaries, having any peculiar Queen's Majesty, with the advice of her ComEcclesiastical jurisdiction shall have full power missioners, appointed and Authorized under and Authority by virtue of this Act, as well to the great seal of England for causes Ecclesiastiinquire in their Visitation, Synods, and else-cal, or of the Metropolitan of this Realm: And 26 where within their jurisdiction, at any other also, That if there shall happen any contempt, time, and place, to take accusations, and infor- or irreverence to be used in the Ceremonies, or mations of all, and every the things above men- Rites of the Church, by the misusing of the tioned, done, committed, or perpetrated within Orders appointed in this Book; the Queen's the limits of their jurisdiction and Authority, Majesty may by the like advice of the said and to punish the same by admonition, ex- Commissioners, or Metropolitan, ordain and communication, sequestration, or deprivation, publish such further Ceremonies, or Rites, as and other censures and process, in like form, as may be most for the advancement of God's glory, heretofore hath been used in like cases by the the edifying of his Church, and the due reverence Queen's Ecclesiastical Laws. of Christ's holy Mysteries and Sacraments. And be it further Enacted by the Authority 27 aforesaid, That all Laws, Statutes, and Ordinances, wherein, or whereby any other service, Administration of Sacraments, or Common Prayer is limited, established, or set forth to be used within this Realm, or any other the Queen's Dominions, or Countries, shall from henceforth utterly be void and of none effect. Provided always, and be it Enacted, That whatsoever person offending in the premisses shall for the first offence receive punishment of the Ordinary, having a testimonial thereof under the said Ordinary's seal, shall not for the same offence eftsoons be convicted before the Justices; and likewise receiving for the said offence punishment first by the Justices, shall 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. XIV. CAROL. II. WHEREAS in the first year of the late and observed as Holy days: And whereas by Queen Elizabeth, there was one Uniform the great and scandalous neglect of Ministers in Order of Common Service and Prayer, and of using the said Order or Liturgy so set forth and the Administration of Sacraments, Rites and enjoined as aforesaid, great mischiefs and inCeremonies, in the Church of England, (agree- conveniences, during the times of the late unable to the Word of God, and usage of the happy troubles, have arisen and grown, and Primitive Church) compiled by the Reverend many people have been led into Factions and Bishops and Clergy, set forth in one Book, En-Schisins, to the great decay and scandal of the tituled, The Book of Common Prayer and Ad- Reformed Religion of the Church of England, ministration of Sacraments, and other Rites and to the hazard of many souls: for prevention and Ceremonies in the Church of England, and whereof in time to come, for settling the Peace enjoined to be used by Act of Parliament, holden of the Church, and for allaying the present disin the said first year of the said late Queen, En- tempers which the indisposition of the time tituled, An Act for the Uniformity of Common hath contracted, The King's Majesty, (according Prayer and Service in the Church, and Admini- to His Declaration of the Five and twentieth stration of the Sacraments, very comfortable to of October One thousand six hundred and sixty) all good people desirous to live in Christian con- granted His Commission under the great Seal of versation, and most profitable to the estate of England to several Bishops and other Divines, this Realin; upon the which the Mercy, Favour to review the Book of Common Prayer, and to and Blessing of Almighty God is in no wise so prepare such Alterations and Additions as they readily and plentifully poured, as by Common thought fit to offer: and afterwards the ConPrayers, due using of the Sacraments, and vocations of both the Provinces of Canterbury often Preaching of the Gospel, with devotion of and York being by His Majesty called and as the hearers; And yet this notwithstanding, a sembled, and now sitting, His Majesty hath great number of people in divers parts of this been pleased to authorize and require the PreRealm, following their own sensuality, and sidents of the said Convocations, and other the living without knowledge and due fear of God, Bishops and Clergy of the same, to review the do wilfully and Schismatically abstain and re- said Book of Common Prayer, and the Book of fuse to come to the Parish-Churches and other the Form and Manner of the Making and ConPublick places where Cominon Prayer, Admi- secrating of Bishops, Priests and Deacons: And nistration of the Sacraments, and Preaching of that after mature consideration they should the Word of God is used upon the Sundays and make such Additions and Alterations in the other days ordained and appointed to be kept said Books respectively, as to them should seem The Declaration against Simony. 28° & 29° VICTORIÆ, Cap. 122. Clerical Subscription. 'and Ireland, as therein set forth, to be agreeable to the Word of 'God; and in Public Prayer and Administration of the Sacraments 'I will use the Form in the said Book prescribed, and none other, 'except so far as shall be ordered by lawful Authority *.' 2. The following Declaration is herein-after referred to as "the Declaration against Simony:" 4. B. solemnly declare, That I have not made, by myself or by any other Person on my Behalf, any Payment, Contract, or 'Promise of any Kind whatsoever which to the best of my Knowledge or Belief is simoniacal, touching or concerning the obtaining the 'Preferment of 'nor will I at any Time hereafter perform or satisfy, in whole or in 'part, any such Kind of Payment, Contract, or Promise made by 'any other without my Knowledge or Consent.' Stipendiary 3. The following Declaration is herein-after referred to as "the Declaration. Stipendiary Curate's Declaration:" Curate's Subscrip- A. B., Incumbent of County of 'bonâ fide undertake to pay to C. D. of ' of in the in the the annual Sum Pounds as a Stipend for his 'Services as Curate, and I C. D. bonâ fide intend to receive the 'whole of the said Stipend. 'And each of us the said A. B. and C. D. declare that no Abate'ment is to be made out of the said Stipend in respect of Rent or 'Consideration for the Use of the Glebe House; and that I A. B. 'undertake to pay the same, and I ̊C. D. intend to receive the same, 'without any Deduction or Abatement whatsoever.' 4. Every Person about to be ordained Priest or Deacon shall, before Ordination, in the Presence of the Archbishop or Bishop by whom he is about to be ordained, at such Time as he may appoint, make and subscribe the Declaration of Assent, and take and subscribe the Oath of Allegiance and Supremacy according to the Form sct forth in the Act of the Session of the Twenty-first and Twentyamended by second Years of the Reign of Her present Majesty, Chapter Forty31 & 32 Vic. C. 72. s. 8.] eight. Form of Allegiance Subscription and Oaths on Institution to Benefice or Licence 5. Every Person about to be instituted or collated to any Benefice, or to be licensed to any Perpetual Curacy, Lectureship, or Preachership, shall, before Institution or Collation is made or Licence granted, make and subscribe the Declaration of Assent, and the Declaration against Simony, and take the said Oath of Allegiance Curacy, &c. and Supremacy, in the Presence of the Archbishop or Bishop by whom he is to be instituted, collated, or licensed, or the Commissary of such Archbishop or Bishop. to a Perpetual Declaration on taking Stipendiary Curacy. 6. Every Person about to be licensed to a Stipendiary Curacy * For a comment on the words, 'none other,' and 'lawful authority,' see PP. 353-7. 2 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 soine 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, 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 and Manner of Makng, 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 Cominon Prayer, and of the Form of Ordination and Consecration of Bishops, Priests and Deacous, 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 Winchester, 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. Now in regard that nothing conduceth more to the settling of the Peace of this Nation, (which is desired of all good men) nor to the honour of our Religion, and the propagation thereof, than an universal agreement in the Publick Worship of Almighty God; and to the intent that every person within this Realm may certainly know the rule to which he is to conform in Publick Worship, and Administration of Sacraments, and other Rites and Ceremonies of the Church of England, and the manner how and by whom Bishops, Priests and Deacons are and ought to be Made, Ordained and Consecrated; And to the end that Uniformity in the Publick Worship of God, (which is so much desired) may be speedily effected, Be it 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 Realin 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 Saint 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: 4. B. Do hereby declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book, Entituled, The Book of Common Prayer and Administration of the Sacraments, and other Rtes 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 suid in Churches; and the form or manner of Making, Ordaining and Consecrating of Bishops, Priests and Deacons. And That all and every such person, who shall (without some lawtul Impediment to be allowed and approved of by the Ordinary of the place) neglect or refuse to do the same within the tiine aforesaid, (or in case of such Impediment within one Month after such Impediment removed,) shall ipso facto be deprived of all his Spiritual Promotions: And that from thenceforth it shall be lawful to and for all Patrons and Donors of all and singular the said Spiritual Promotions 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. And be it further Enacted by the Authority aforesaid, That every person who shall hereafter be presented or collated, or put into any Ecclesiastical Benefice or Promotion within this Realin of England and places aforesaid, shall Be it Enacted by the King's most Excellent in the Church, Chapel or place of Publick WorMajesty, by the advice and with the consent of ship belonging to his said Benefice or Promotion, the Lords Spiritual and Temporal, and of the within two Months next after that he shall be Commons, in this present Parliament assem- in the actual possession of the said Ecclesiastical bled, and by the Authority of the same, That Benefice or Promotion, upon some Lord's day, all and singular Ministers in any Cathedral, openly, publickly and solemnly, Read the Collegiate or Parish-Church or Chapel, or other Morning and Evening Prayers appointed to be place of Publick Worship within this Realm of Read by and according to the said Book of England, Dominion of Wales, and Town of Common Prayer at the times thereby ap Berwick upon Tweed, shall be bound to say and pointed; and after such Reading thereof shall use the Morning Prayer, Evening Prayer, Cele-openly and publickly, before the Congregation bration and Administration of both the Sacra- there assembled, declare his unfeigned assent inents, and all other the Publick and Commor and consent to the use of all things therein Prayer, in such Order and Form as is mentioned contained and prescribed according to the form in the said Book_annexed and joined to this before appointed; and That all and every such present Act, and Entituled, The Book of Com- person, who shall (without some lawful Impedimon Prayer and Administration of the Sacra- ment to be allowed and approved by the Ordi. ments, and other Rites and Ceremonies of the nary of the place) neglect or refuse to do the Church, according to the use of the Church of same within the time aforesaid, (or in case of England; together with the Psalter or Psalms such Impediment within one Month after such of David, pointed as they are to be sung or said Impediment removed shall ipso facto be depriv in Churches; and the form or manner of Mak-ed of all his said Ecclesiastical Benefices and ing, 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. Promotions: and That from thenceforth it shall and may be lawful to and for all Patrons and Donors of all and singular the said Ecclesiastıcal 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. And be it further Enacted by the Authority 3 5 6 7 Declaration atter Institution or Collation. Declaration after Licence to 28 & 29° VICTORIÆ, Cap. 122. Clerical Subscription. shall, before obtaining such Licence, present to the Archbishop or Bishop by whom the Licence is to be granted, the Stipendiary Curate's Declaration, signed by himself and by the Incumbent of the Benefice to which he is about to be licensed. 7. Every Person instituted or collated to any Benefice with Cure of Souls, or licensed to a Perpetual Curacy, shall, on the first Lord's Day on which he officiates in the Church of such Benefice or Perpetual Curacy, or on such other Lord's Day as the Ordinary may appoint and allow, publicly and openly, in the Presence of the Congregation there assembled, read the Thirty-nine Articles of Religion, and immediately after reading the same make the said Declaration of Assent, adding, after the Words "Articles of Religion," in the said Declaration, the Words "which I have now read before you." If any Person instituted, collated, or licensed as aforesaid wilfully fails to comply with the Provisions of this Section, he shall absolutely forfeit his Benefice or Perpetual Curacy, but no Title to present by Lapse shall accrue by any such Forfeiture until the Ordinary has given Six Months' Notice thereof to the Patron. 8. Every Person licensed to a Stipendiary Curacy shall, in the Presence of the Archbishop or Bishop by whom he was licensed, or Stipendiary of the Commissary of such Archbishop or Bishop, (unless, having Curacy. been ordained on the same Day, he has already made and subscribed the same,) make and subscribe the Declaration of Assent, and on the first Lord's Day on which he officiates in the Church or in One of the Churches in which he is licensed to serve publicly and openly make the Declaration of Assent in the Presence of the Congregation there assembled, and at the Time of Divine Service. If any Person licensed to a Stipendiary Curacy wilfully fails to comply with the Provisions of this Section his Licence shall be void. 9. Subject as herein-after mentioned, no Person shall, on or as a Consequence of Ordination, or on or as a Consequence of being licensed to any Stipendiary Curacy, or on or as a Consequence of required by being presented, instituted, collated, elected, or licensed to any No other Declaration or Oaths than those Act to be enforced. Declaration of Assent to be substituted in Benefice with Cure of Souls, Perpetual Curacy, Lectureship, or 10. On all Occasions other than those herein-before provided for, on which any Declaration or Subscription with respect to the Thirtynine Articles or the Book of Common Prayer or the Liturgy is recase of other quired to be made by any Person in Holy Orders appointed to any Ecclesiastical Appoint- Ecclesiastical Dignity, Benefice, or Office, the making and subscribing the Declaration of Assent shall be substituted for the making any such Declaration or Subscription as aforesaid; and on all Occasions other than those herein-before provided, on which any Oath against Simony is required to be taken, the making and subscribing the Declaration against Simony shall be substituted for the taking such Oath. |