Stat. Car. 2. c. 4. PART 1. by such persons as the King's Majesty shall appoint, under CLASS the Great Seal of England, for that purpose, and shall be No. 5. compared with the original Book hereunto annexed, and shall have power to correct and amend in writing any error 13 and 14 committed by the printer in the printing of the same Book, or of any thing therein contained, 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, and every one of them, so exemplified under the Great Seal of England as aforesaid, shall be deemed, taken, adjudged, and expounded to be good and available in the law, to all intents and purposes whatsoever, and shall be accounted as good records as this Book itself hereunto annexed; any law or custom to the contrary in any wise notwithstanding. Proviso for Professor Oxford. XXIX. Provided also, That this Act, nor any thing the King's therein contained, shall not be prejudicial or hurtful unto of Law in 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. Proviso sixth Arti XXX. Provided always, That whereas the six and thirconcerning tieth Article of the nine and thirty Articles agreed upon by the thirty the Archbishops and Bishops of both provinces, and the cle agreed whole Clergy, in the Convocation holden at London in the in the Con- year of our Lord one thousand five hundred sixty-two, for vocation, the avoiding of diversities of opinions, and for establishing of consent touching true religion, is in these words following, viz. anno 1562. "That the Book of Consecration of Archbishops and "Bishops, and Ordaining of Priests and Deacons, lately set "forth in the time of King Edward the Sixth, and con"firmed at the same time by authority of Parliament, doth "contain all things necessary to such consecration and or"daining, neither hath it any thing that of itself is super"stitious and ungodly: and therefore whosoever are con"secrated or ordered according to the Rites of that Book, "since the second year of the aforenamed King Edward "unto this time, or hereafter shall be consecrated or or"dered according to the same Rites, We decree all such to "be rightly, orderly, and lawfully consecrated and or"dered;" XXXI. It be enacted, and be it therefore enacted by the authority aforesaid, That all subscriptions hereafter to be had or made unto the said Articles by any Deacon, Priest, or ecclesiastical person, or other person whatsoever, who by this Act, or any other law now in force, is required to subscribe unto the said Articles, shall be construed and be taken to extend, and shall be applied (for and touching the said six and thirtieth Article) unto the Book containing the Form and Manner of making, ordaining, and consecrating of Bishops, Priests, and Deacons, in this Act mentioned, in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the Sixth, mentioned in the said six and thirtieth Article; any thing in the said Article, or in any Statute, Act, or Canon heretofore had or made, to the contrary thereof in any wise notwithstanding. PART 1. CLASS No. 5. Stat. 13 and 14 Car. 2. c. 4. thority of XXXII. Provided also, That the Book of Common The ComPrayer, and Administration of the Sacraments, and other mon Prayer Rites and Ceremonies of this Church of England, together used by auwith the Form and Manner of ordaining and consecrating Parlia Bishops, Priests, and Deacons, heretofore in use, and re- ment, spectively established by Act of Parliament in the first and! Eliz. c. 2. eighth years of Queen Elizabeth, shall be still used and ob- to be served in the Church of England, until the feast of St. until BarBartholomew, which shall be in the year of our Lord God one thousand six hundred sixty and two. EXP. as to this EXP. last clausea. 8 Eliz. c. 1. tholomew Day 1662. Further provisions I W. & M. In a case where the evidence did not impute to the clergyman that he had relating left out or added any prayers, or altered the form of worship, but that he had hereto, not read prayers twice on a Sunday, but alternately one Sunday in the morning, stat. 1. c. and the next in the evening, and omitted to read them at all on certain saints' 18. and 23 days; Perryn Baron was of opinion that the offence was purely of ecclesiasGeo. 2. c. tical cognizance, and not a subject of prosecution in the temporal courts. 28. 3 Burn's E. L. 259. In a suit in the Arches Court against a Vicar, because be had left out portions of holy Scripture appointed to be read, and declared his intention to do so again, he was suspended. 1 Phillimore's Eccl. Rep. 282. Before Stat. 13 and 14 Car. 2. c. 4. if a layman was presented, instituted, and inducted, he was in point of fact Parson, and acts done by him in that capacity were valid. Cro. Eliz. 775. But by this Statute no person is capable of being admitted to a benefice who is not ordained Priest; and in the absence of such ordination his ecclesiastical promotions are voi, as if he were naturally dead. Degge's P. C. 148. PART I. No. 6. Car. 2. c. 6. Persons Anno 15 CAR. II. Cap. 6. Sect. 7. An Act for Relief of such Persons as by Sickness, or other Impediment, were disabled from subscribing the Declaration in the Act of Uniformity; and Explanation of part of the said Act. VII. AND whereas some doubt hath arisen, whether persons prohibited to preach by the said Act are in the same plight as to punishment, with persons disabled by the said Act to preach; be it declared and enacted by the authority aforesaid, That the penalties by the said Act to be prohibited inflicted upon any person disabled by the said Act to preach, to preach for any offence against the said Act, shall in like manner be Car. 2. c. 4. inflicted upon every person so offending, that is prohibited by the said Act to preach; any thing, doubt, or ambiguity in the said Act to the contrary notwithstanding. 13 and 14 No. 7. Anno 59 GEO. III. Cap. 60. An Act to permit the Archbishops of Canterbury and York, WHEREAS it is expedient that the Archbishops and Bishops of this realm should from time to time admit into holy Orders persons specially destined for the cure of souls in his Majesty's foreign possessions, although such persons may not be provided with the title required by the Canon of the Church of England, of such as are to be made Ministers: and whereas it will greatly tend to the advancement of religion within the same, that due provision shall be regularly made for a supply of persons properly qualified to serve as Parsons, Vicars, Curates, or Chaplains; be it therefore 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, Archbishop and by the authority of the same, That from and after the of Canter- passing of this Act it shall be lawful for the Archbishop of Canterbury, the Archbishop of York, or the Bishop of London, for the time being, or any Bishop specially authorized and empowered by any or either of them, to admit into the holy Orders of Deacon or Priest any person whom he shall upon examination deem duly qualified specially for bury or York, or Bishop of London, &c. may ordain spe cially for the colonies. CLASS III. No. 7. the purpose of taking upon himself the cure of souls, or PART I. officiating in any spiritual capacity in his Majesty's colonies or foreign possessions and residing therein, and that a declaration of such purpose and a written engagement to per- Stat. 59 form the same under the hand of such person, being depo- G. 3. c. 60. sited in the hands of such Archbishop or Bishop, shall be held to be a sufficient title with a view to such ordination; and that in every such case it shall be distinctly stated in Fact stated the Letters of Ordination of every person so admitted to of Ordinaholy Orders, that he has been ordained for the cure of tion. souls in his Majesty's foreign possessions. in Letters capable of tain or Ire of diocese, II. Provided always, and be it further enacted by the No person authority aforesaid, That no person so admitted into the so ordained holy Orders of Deacon or Priest, for the purpose of taking holding a upon himself the cure of souls, or officiating in any spiritual living in capacity in his Majesty's foreign possessions, shall be capa- Great Brible of having, holding, or enjoying, or of being admitted to land with any parsonage, vicarage, benefice, or other ecclesiastical pro-out consent motion or dignity whatsoever, within the United Kingdom of Bishop of Great Britain and Ireland, or of acting as Curate therein, under seal, without the previous consent and approbation in writing of &c. the Bishop of the diocese, under his hand and seal, in which any such parsonage, vicarage, benefice, or other ecclesiastical promotion or dignity shall be locally situated, nor without the like consent and approbation of such one of the said Archbishops, or Bishop of London, by whom, or by whose authority such person shall have been originally ordained, or in case of the demise or translation of such Archbishop or Bishop, of his successor in the same see: Provided al- Certificate ways, that no such consent and approbation shall be given of good beby any such Archbishop, or Bishop of London, unless the baviour party applying for the same shall first produce a testimony duced. of his good behaviour during the time of his residence abroad, from the Bishop in whose diocese he may have officiated, or, in case there be no Bishop, from the Governor in Council of the colony in which he may have been resident, or from his Majesty's Principal Secretary of State for the Colonial Department. first pro III. And be it further enacted, That from and after the Persons orpassing of this Act no person who shall have been admitted dained by Bishops of into holy Orders by the Bishops of Quebec, Nova Scotia, Quebec, or Calcutta, or by any other Bishop or Archbishop than Nova Scothose of England or Ireland, shall be capable of officiating tia, or Calin any church or chapel of England or Ireland without spe- restrained cial permission from the Archbishop of the province in in like which he proposes to officiate, or of having, holding, or en- manner. cutta, &c. No. 7. PART I. joying, or of being admitted to any parsonage or other ecCLASS clesiastical preferment in England or Ireland, or of acting III. as Curate therein, without the consent and approbation of Stat. 59 the Archbishop of the province, and also of the Bishop of G. 3. c. 60. the diocese in which any such parsonage or ecclesiastical preferment or curacy may be situated. dained by a Persons or- IV. Provided always, That no person who after the colonial passing of this Act shall have been ordained a Deacon or Bishop, &c. Priest by a colonial Bishop, who at the time of such ordinot capable nation did not actually possess an episcopal jurisdiction over of holding some diocese, district, or place, or was not actually residing preferments, &c. within such division, district, or place, shall be capable in Admis contrary hereto, void. any way, or on any pretence whatever, of at any time holding any parsonage or other ecclesiastical preferment within his Majesty's dominions, or of being a Stipendiary Curate or Chaplain, or of officiating at any place, or in any manner, as a Minister of the Established Church of England and Ireland. V. And be it further enacted, That all admissions, instisions, &c. tutions, and inductions to benefices in the Church of Engto curacies, land, or Church of Ireland, and all appointments to act as Curates therein, which shall be made contrary to the provisions of this Act, shall be to all intents and purposes null and void: Provided always, that nothing herein shall be construed to make void any admission, institution, or induction to any benefice, or any appointment as Curate, which shall have been made previous to the passing of this Act. Proviso. Proviso for VI. Provided always, That nothing in this Act contained shall be construed to affect or to repeal any of the provisions of an Act passed in the twenty-sixth year of the reign of his present Majesty, intituled An Act to empower the Archbishop of Canterbury or the Archbishop of York for the time being, to consecrate to the Office of a Bishop, Persons being Subjects or Citizens of Countries out of His Majesty's Dominions. |