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PART I. prived, and all his ecclesiastical promotions shall be void, as CLASS if he then were naturally dead.

III.

No. 2.

doctrine

II. And that if any person ecclesiastical, or which shall Stat. 13 have ecclesiastical living, shall advisedly maintain or affirm Eliz. c. 12. any doctrine directly contrary or repugnant to any of the The penalsaid Articles, and being convented before the Bishop of the ty for main- diocese or the Ordinary, or before the Queen's Highness' taining of Commissioners in causes ecclesiastical, shall persist therein, against the or not revoke his error, or after such revocation eftsoon affirm such untrue doctrine, such maintaining or affirming and For fur- persisting, or such eftsoon affirming, shall be just cause to visions con- deprive such person of his ecclesiastical promotions; and it cerning shall be lawful to the Bishop of the diocese, or the Ordinary, Religion, or the said Commissioners, to deprive such person so persistEl. c. 1. 13 ing, or lawfully convicted of such eftsoons affirming, and & 14 Car.2. upon such sentence of deprivation pronounced he shall be c.4.15 Car. indeed deprived.

Articles.

ther pro

&c. see 23

2. c. 6.

1 W. & M.

stat. 1. c. 18. and 23

Geo. 2. c.

28.

Several

him who

III. And that no person shall hereafter be admitted to any benefice with cure, except he then be of the age of three and twenty years at the least and a Deacon, and shall first have subscribed the said Articles in presence of the Ordinary, and publickly read the same in the parish church things re- of that benefice, with declaration of his unfeigned assent to quired in the same; and that every person after the end of this sesshall be ad- sion of Parliament, to be admitted to a benefice with cure, mitted to a except that within two months after his induction he do benefice. publickly read the said Articles in the same church whereof he shall have cure, in the time of common prayer there, with declaration of his unfeigned assent thereunto, and be admitted to minister the Sacraments within one year after his induction, if he be not so admitted before, shall be upon every such default, ipso facto, immediately deprived.

1 Leon.

230.

1 Anders.

62.

The age of

a Minister

IV. And that no person now permitted by any dispensation, or otherwise, shall retain any benefice with cure, being under the age of one and twenty years, or not being Deacon at the least, or which shall not be admitted as is aforesaid, within one year next after the making of this Act, or within six months after he shall accomplish the age of four and twenty years, on pain that such his dispensation shall be merely void.

V. And that none shall be made Minister, or admitted to or Preach- preach or administer the Sacraments, being under the age of er, and his four and twenty years; nor unless he first bring to the Bials. shop of that diocese, from men known to the Bishop to be 3 Bulstr. of sound religion, a testimonial both of his honest life and of 90. 3 Mod. 67. 4 Mod. 135, 136. 2 Salk. 539.

testimoni

CLASS

III.

No. 2.

his professing the doctrine expressed in the said Articles: PART I. nor unless he be able to answer and render to the Ordinary an account of his faith, in Latin, according to the said Articles, or have special gift or ability to be a Preacher: nor Stat. 13 shall be admitted to the Order of Deacon or Ministry, un- Eliz. c. 12. less he shall first subscribe to the said Articles.

nefice of the

VI. And that none hereafter shall be admitted to any Who may benefice with cure, of or above the value of thirty pounds have a beyearly in the Queen's books, unless he shall then be a Ba- yearly vachelor of Divinity, or a Preacher lawfully allowed by some lue of 301. Bishop within this realm, or by one of the Universities of Cambridge or Oxford.

ductions,

VII. Ånd that all admissions to benefices, institutions, Admisand inductions, to be made of any person contrary to the sions, inform or any provision of this Act, and all tolerations, dis- tolerations. pensations, qualifications, and licences whatsoever to be made to the contrary hereof, shall be merely void in law, as if they never were.

vation, but

VIII. Provided alway, That no title to confer or pre- No lapse sent by lapse shall accrue upon any deprivation ipso facto, upon depribut after six months after notice of such deprivation given after notice. by the Ordinary to the Patron. 1 Roll. 155.

Anno 23 GEO. II. Cap. 28.

An Act to explain part of an Act passed in the thirteenth and fourteenth Years of the Reign of King Charles the Second, for the Uniformity of Public Prayers, and Administration of Sacraments; and also part of an Act passed in the thirteenth Year of the Reign of Queen Elizabeth, for the Ministers of the Church to be of sound Religion.

Dyer 377.

No. 3.

sect. 6.

WHEREAS by an Act passed in the thirteenth and 13 and 14 fourteenth years of the reign of the late King Charles the Car. 2. c.4. Second, intituled 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; it was enacted, That every person who should thereafter be presented or collated, or put into any ecclesiastical benefice or promotion, within England, the dominion of Wales, and town of Berwick upon Tweed, should, in the church, chapel, or place of public worship, belonging to his said benefice or promotion, within

III.

No. 3.

PART I, two months next after that he shall be in the actual possesCLASS sion of the said ecclesiastical benefice or promotion, upon some Lord's Day, openly, publickly, and solemnly read the Stat. 23 Morning and Evening Prayers appointed to be read by and G. 2. c. 28. according to the Book of Common Prayer, at the times thereby appointed or to be appointed; and after such reading thereof, should 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 therein before appointed; and that all and every such person who should (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,) should ipso facto be deprived of all his said ecclesiastical benefices and promotions; and that from thenceforth it should and might 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: and it was by the said Act (amongst other things) further enacted, That every Parson, Vicar, Curate, Lecturer, and every other person in holy Orders, should, before his or their respective admission to be Incumbent, or have possession of any parsonage, vicarage, or any Curate's place or lecture, subscribe the Declaration or Acknowledgment therein directed, before the respective Archbishop, Bishop, or Ordinary of the diocese; upon pain that all and every of the persons aforementioned, failing in such subscription, should lose and forfeit such respective parsonage, vicarage, Curate's place or lecture, and should be utterly disabled and ipso facto-deprived of the same; and that every such respective parsonage, vicarage, Curate's place, or lecture, should be void, as if such person so failing were naturally dead: and that after such subscription made, every Parson, Vicar, Curate, or Lecturer should procure a certificate under the hand and seal of the respective Archbishop, Bishop, or Ordinary of the diocese, (who were thereby enjoined and required, upon demand, to make and deliver the same,) and should publickly and openly read the same, together with the Declaration or Acknowledgment therein mentioned, upon some Lord's Day within three months then next following, in his parish church where he was to officiate, in the presence of the congregation there assembled, in the time of Divine service;

CLASS

III. No. 3.

ment ex

upon pain, that every person failing therein should lose PART I. such parsonage, vicarage, or benefice, Curate's place or Lecturer's place respectively, and should be utterly disabled, and ipso facto deprived of the same; and that the Stat. 23 said parsonage, vicarage, or benefice, Curate's place or Lec-G. 2. c. 28. turer's place should be void, as if he were naturally dead: and whereas doubts have arisen, whether the allowance and approbation of any lawful impediment before-mentioned doth extend to both the said before-recited cases, or whether any Archbishop, Bishop, or other Ordinary, hath by the said Act to allow and approve of any lawful impediment, as to reading the said last-mentioned Certificate and Declaration, within the time limited by the said Act: For Allowance the obviating thereof, be it enacted by the King's most of a lawful excellent Majesty, by and with the advice and consent of impedithe Lords Spiritual and Temporal, and Commons, in this tended to present Parliament assembled, and by the authority of the the not same, That every allowance and approbation of any lawful reading the impediment already given and declared, or which shall here- and Declaafter be given and declared, in pursuance of the said Act, ration by any Archbishop, Bishop, or Ordinary, to any person for within the or in respect of not reading in the church, chapel, or place mited. of publick worship, belonging to his benefice or promotion, within two months next after that he shall be in the actual possession of the said benefice or promotion, upon some Lord's Day, openly, publickly, and solemnly, the Morning and Evening Prayers, appointed to be read by and according to the said Book of Common Prayer, and for or in respect of not openly and publickly, before the congregation there assembled, declaring his unfeigned assent and consent to the use of all things therein contained and prescribed, shall extend, and be construed to extend, to the not reading the said last mentioned Certificate and Declaration, although the same be not mentioned in the said allowance and approbation, for the like time as the said allowance and approbation shall extend to.

Certificate

time li

II. And whereas by an Act passed in the thirteenth 13 Eliz. c. year of the reign of Queen Elizabeth, intituled An Act for 12. the Ministers of the Church to be of sound Religion; it was (amongst other things) enacted, That every person who should be admitted to a benefice with cure, except that within two months after his induction, he should publickly read the Articles therein mentioned, in the same church whereof he should have cure, in the time of common prayer there, with declaration of his unfeigned assent thereunto, should be, upon every such default, ipso facto immediately

CLASS

III.

No. 3.

PART I. deprived: and whereas it hath happened, and may hereafter happen, through sickness, or other lawful impediment, that divers persons have been and may be hindered from reading Stat. 23 the said Articles, and making the said Declaration, within G. 2. c. 28. the time directed by the said Act, and yet such person after such sickness or other lawful impediment removed, hath read, and may hereafter read the said Articles, and make the said Declaration; and it is reasonable that such persons should be deemed to have complied with the true intent and meaning of the said Act: be it therefore further enwho shall acted by the authority aforesaid, That every person who hath already read or who shall hereafter read the said ArtiArticles and Declaration cles, and hath made or shall hereafter make the said Declaat the time ration, at the same time that he did read or shall hereafter of reading read the Morning and Evening Prayer, and declare his uning and feigned assent and consent to the use of all things therein Evening contained and prescribed, according to the directions of the Prayer, are said in part recited Act of the thirteenth and fourteenth have com- years of the reign of King Charles the Second, shall be,

Persons

read the

the Morn

declared to

plied.

Limitation of this Act.

and is hereby declared and adjudged to have complied with the true intent and meaning of the said Act of the thirteenth year of the reign of Queen Elizabeth, although the same were not or may not be read within the space of two months after such person's induction into any benefice with cure; and that every such person shall, and he is hereby declared to be freed and discharged from any deprivation or other forfeiture by virtue of the said Act; any thing therein contained to the contrary notwithstanding.

III. Provided always, That this Act shall not extend to restore any person to any parsonage, vicarage, or benefice, Curate's place or Lecturer's place, which, for want of reading such Certificate and Declaration, within the time directed by the said first in part recited Act, or of reading the said Articles and Declaration concerning the same, according to the said last-mentioned Act, hath been forfeited or become void, and is already filled up or enjoyed by any person or persons whatsoever.

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