Anno 44 GEO. III. Cap. 43.

An Act to enforce the due Observance of the Canons and Rubric respecting the Ages of Persons to be admitted into the sacred Orders of Deacon and Priest. [3d May 1804.]

WHEREAS by the Canons of the Churches heretofore of England and Ireland, now the United Church of England and Ireland, it is ordained, ordered, and directed, that no Bishop shall admit any person into the sacred Order of a Deacon who is not twenty-three years old, nor to be a Priest except he be twenty-four years complete: and whereas by the prefaces to the forms of Ordination of Priests and Deacons, established and used by authority of several Acts of the Parliaments of England and Ireland respectively, it is directed that none shall be admitted Deacon except he be twenty-three years of age, unless he have a faculty, and that every man which is to be admitted a Priest shall be full twenty-four years old: and whereas, in that part of the United Kingdom called Ireland, the aforesaid rule respecting the ages of persons desiring to be admitted into holy Orders has been sometimes disregarded and rendered of no effect, to the great scandal and detriment of the Church, and to the prejudice of religion: for the better prevention whereof for the future, and also in order that one certain and undoubted rule and course of practice may hereafter prevail and be observed in this respect in England and Ireland, be it enacted by the King'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, That from and after the passing of this Act, no None shall person shall be admitted a Deacon before he shall have at- be admitted tained the age of three and twenty years complete, and that fore twenno person shall be admitted a Priest before he shall have ty-three, attained the age of four and twenty years complete: and nor Priest in case any person shall, from and after the passing of this twentyAct, be admitted a Deacon before he shall have attained four; nor the age of three and twenty years complete, or be admitted capable of a Priest before he shall have attained the age of four and holding a twenty years complete, that then and in every such case the but title by admission of every such person as Deacon or Priest re-lapse shall spectively, shall be merely void in law as if such admission not accrue had not been made, and the person so admitted shall be notice. wholly incapable of having, holding, or enjoying, or being admitted to any parsonage, vicarage, benefice, or other ec

Deacon be

before

benefice;

without

CLASS

III.

PART I. clesiastical promotion or dignity whatsoever, in virtue of such his admission as Deacon or Priest respectively, or of No. 4. any qualification derived or supposed to be derived thereStat. 44 from: Provided always, that no title to confer or present G. 3. c. 43. 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

Saving of right of granting

the Patron.

II. And be it further enacted, That nothing herein contained shall extend, or be construed to extend, to take away faculties. any right of granting faculties heretofore lawfully exercised, and which now be lawfully exercised by the Archbishop of Canterbury or the Archbishop of Armagh.

No. 5.

This Act

Anno 13 & 14 CAR. II. Cap. 4.

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.

WHEREAS in the first year of the late Queen Elizaenforced by beth, there was one uniform order of common service and 5 Annæ, c. 5. sect. 1. prayer, 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 Sacraments, 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 1 Eliz. c. 2. Queen, intituled An Act for the Uniformity of Common Prayer and Service in the Church, and Administration of the Sacraments, very comfortable to all good people desirous to live in Christian conversation, 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 wilfully and schismatically abstain

CLASS

III.

No. 5.

Stat. 13 and 14

tion and

Book of

and refuse to come to their parish churches, and other PARTI. publick places where common prayer, administration of the Sacraments, and preaching of the word of God is used upon the Sundays and other days ordained and appointed to be kept and observed as holydays: and whereas by Car. 2. c.4. 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 of the Church of England, and to the hazard of many souls: for preven- The King's tion whereof in time to come, for settling the peace of the DeclaraChurch, and for allaying the present distempers which the commisindisposition of the time hath contracted, the King's Ma- sion for rejesty, according to his declaration of the five and twentieth viewing the of October, one thousand six hundred and sixty, granted Common his commission under the Great Seal of England to several Prayer, and Bishops and other Divines, to review the Book of Common alterations to be proPrayer, and to prepare such alterations and additions as pounded they thought fit to offer: and afterwards the Convocations therein. 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,

III.

No. 5.

Stat.

Car. 2. c. 4.

PART I. of Bishops, Priests, and Deacons: all which his Majesty CLASS 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 13 and 14 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 Eton 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.

The peace

and honour

agreement

lick wor

ship of God.

II. Now in regard that nothing conduced more to the of religion settling of the peace of this nation, (which is desired of all much ad- good men,) nor to the honour of our religion, and the provanced by pagation thereof, than an universal agreement in the pubuniform lick worship of Almighty God; and to the intent that in the pub- 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; be it enacted by the King's most excellent Majesty, by the advice and with the consent of the Lords 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 The Book annexed and joined to this present Act, and intituled The of Common Book of Common Prayer and Administration of the SacraPrayer ments, and other Rites and Ceremonies of the Church, shall be 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,

used.

CLASS

and Deacons: and that the Morning and Evening Prayers PART 1. therein contained shall, upon every Lord's Day, and upon III. all other days and occasions, and at the times therein ap- No. 5. pointed, be openly and solemnly read by all and every Minister or Curate, in every church, chapel, or other place of 13 and 14 publick worship, within this realm of England and places aforesaid.

Stat.

Car. 2. c. 4.

cars and

their assent

III. And to the end that uniformity in the publick All Parworship of God (which is so much desired) may be speedily sons, Vieffected, be it further enacted by the authority aforesaid, Ministers That every Parson, Vicar, or other Minister whatsoever, to read and who now hath and enjoyeth any ecclesiastical benefice or declare promotion within this realm of England or places aforesaid, to use the shall, in the church, chapel, or place of publick worship, same. 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 :

IV. 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 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.

C. 23.

V. And that all and every such person, who shall The penal(without some lawful impediment to be allowed and ap- ty for refusing. proved of by the Ordinary of the place) neglect or refuse 23 Geo. 2. 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 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