admission, &c. shall be void s. No title by lapse upon any avoidance under the Act to accrue, but after six months next after notice by the Ordinary to the Patron t.

If any person corruptly, or for any benefit, resigns or exchanges, the giver and receiver shall forfeit double the value of the sum of money or benefit "; or if any person shall receive money, except lawful fees, for or for procuring ordination, he shall forfeit 407. and the person ordained shall forfeit 101. and shall be incapable of holding any preferment for seven years v.

The penalties or punishments inflicted by the ecclesiastical law, upon any of the offences mentioned in the Act, are not taken away w.

Stat. 1 WILL. and MAR. Cap. 16.

After the death of a person simoniacally promoted, the Patron or the Clergyman presented by him, being innocent of the simony, shall not be prejudiced; and any lease, made by a person simoniacally promoted to a person not privy to the simony, shall be good y.

Stat. 12 ANN. Cap. 12. Sect. 2.

If any person in his own name, or the name of another, procures for money or profit a next presentation, and shall be presented thereupon, the admission to it shall be void: the King shall have the next presentation, and the person admitted shall be disabled to hold the preferment z.

Stat. 7 and 8 GEO. IV. Cap. 25.

The object of this statute is retrospective, for the purpose of obviating the effect of a recent decision of the house of lords, whereby special bonds of resignation were held to be void. Presentations made before the 9th of April, 1827, are not to be void on account of any agreement to resign in favour of a person specially named, and persons having made such an agreement are exempted from penalties a; all such engagements, entered into before that period,

No. 8.

No. 9.

No. 10.

No. 4.

Presentations to he

uefices of papists.

No. 5.

No. 6.

are to be valid b; but not such as are not really bonâ fide of that description c.

If the person, or one of the two persons named to be presented, shall not be presented within six months, the resignation made pursuant to any such engagement shall be void, and the Clergyman resigning shall be deemed to be the incumbent d.

Stat. 3 JAC. I. Cap. 5.

Popish recusants convict are disabled from presenting to any benefice or nominating to any school, hospital, or donative, or to grant a next presentatione. The Chancellor and Scholars of Oxford are entitled to present to their livings in certain counties in the south of England, and the Chancellor and Scholars of Cambridge to their livings in certain counties in the north f, but they must present to no one who has another living 8.

Stat. 1 WILL. and MAR. Cap. 26.

Those who refuse to make the declaration, when tendered, (against transubstantiation, &c.) are disabled to present, or grant a next presentation, and the Universities are entitled to present h. So the Trustee, &c. of any papist disabled by Stat. 3 Jac. 1. cap. 5. or by the present Act, is disabled to present, or grant a presentation, or nominate to a school or hospital, and the Universities may proceed as if the recusant were possessed thereofi; and such Trustee, &c. who presents without first giving notice of the vacancy to the proper Vice-Chancellor, is subjected to a penalty, and the presentation is void : but the presentation by the Universities of such preferments to a person beneficed is void1: a papist removes his disability by making the declaration, and taking the oaths according to the Act m.

12 ANN. Stat. 2. Cap. 14.

Every papist, or child of papist, under age, and every person in any way intrusted for either of them, is disabled to present, or grant a next presentation, and the Universi

ties are entitled to it"; and where any presentation is brought before an Archbishop or Bishop from a person disabled by these statutes to present, he may tender the declaration if the person is present, or if absent, he may require him to appear for that purpose; and if the person refuses to subscribe or to appear, the presentation is void, and the Universities are entitled to their privilege. The Archbishop and Bishop is directed also to examine upon oath every person presented before institution, whether the person presenting him be one of those persons disabled by these Acts to present. The statute then prescribes certain proceedings which the Universities may institute in support of their right, and contains certain particulars upon evidence, and the powers of the court in their behalf P.

Stat. 11 GEO. 2. Cap. 17.

Every grant of a presentation or advowson, &c. by a papist is void, unless it is made to a protestant purchaser for a valuable consideration, and for his benefit; and every devise of a presentation, &c. by a papist for his benefit, or that of his family, is void, and the devisees, or persons claiming under it, are bound to discover whether such devises are not made for the purpose of securing the benefit of them to the families of papists 9.

No. 7.

PART I. CLASS III.

Stat. 1 ELIZ. Cap. 2.

Statutes relating to the Uniformity of Public Worship and

Ecclesiastical Discipline.

No. 1.

admission

THE Book of Common Prayer, with a few exceptions, Church the same as that of Edward VI. is directed to be used in all service; churches; and if any Minister refuses to use it, or uses any to benefiother form, or speaks in derogation of it, he is subject to a ordination. penalty, and to severer penalties in proportion to repeti

ces; and

s. 1. p. 166. • s. 2. ib.

Ps. 4-10. p. 168. 169.

4 s. 1. p. 170.

No. 2.

No. 5.

tions of the offence ; and if any person whatsoever speaks in
derogation of it, or causes the Minister to use any other form,
he is also subject to penalties in a similar proportions. Cer-
tain persons are invested with authority to carry the Act
into execution, and certain limitations of prosecutions are
made. The statute then makes some enactments as to the
books and ornaments of the church and of Ministers, and
declares all other laws upon the subject to be void ".
Stat. 13 ELIZ. Cap. 12.

A penalty is imposed for maintaining doctrines contrary to the Articles. No person is to be admitted to a benefice, unless he is three and twenty years of age, and a Deacon; and shall have first subscribed the Articles, and read them in the parish church of the benefice, and declared his assent to them; and unless he so read them, and assent within two months, and be admitted to minister the Sacraments within a year after induction, he shall be deprived *.

No one shall be admitted to preach, or administer the Sacraments, under the age of twenty-four; and unless he bring to the Bishop satisfactory testimonials, and can give an account of his faith, according to the Articles, to the Ordinary, in Latin, or have a special ability to be a preachery. It then states what persons may hold livings of 30l. per annum in the King's books, declares all admissions, &c. contrary to the Act, to be void, and concludes with a limitation as to title by lapse z.

Stat. 13 and 14 CAR. II. Cap. 4.

This is the second Act of Uniformity a. The Book of Common Prayer, as in the Act described, is to be used in cathedral, collegiate, and parish churches, and chapels, on the Lord's day, and upon all other days and occasions, and at the times therein appointed b, and all Parsons, Vicars, &c. having any ecclesiastical benefice or promotion, are to read

s. 9-13. p. 180.

s. 1-8. p. 178. 179. t s. 15-18. 20-24. p. 180. 181. us. 19. 25. 27. p. 182. * s. 2. 3. p. 184. by stat. 13. and 14. Car. 2. cap. 4. none but a Priest can hold preferment. s. 5. p. 184. see also Canon 34. 2. s. 6. 7. 8. p. 185. a For a concise view of the History of the Liturgies and Articles, see Wotton on the Study of Divinity, by Cotton, p. 49. n. bs. 2. p. 193.

and declare their assent to use the same according to the declaration mentioned in the Act; and all such persons who, without some lawful impediment, to be approved of by the Ordinary, neglect to do the same, shall be deprived d. Every person, after the date of the Act presented to a benefice, shall within two months after possession, on some Lord's day, read the Morning and Evening Service, and declare his assent to the same, and unless some lawful impediment prevents him from so reading, &c. he shall be deprived. The Incumbent of a living, residing on it, and keeping a Curate, shall, under a penalty, read the same once a month, and administer, if there be occasion, the Sacraments, and other rites of the Church f. All Deans, Canons, Parsons, Vicars, Schoolmasters, and Tutors 5, and other persons enumerated, are to subscribe the declaration mentioned in the Act 1, upon pain of forfeiting their respective appointments i.

Schoolmasters in private houses must obtain a licence from the Ordinary, under a penalty; and after subscription every Parson, Vicar, &c. shall procure a certificate under the hand and seal of the Ordinary, and shall read the same, together with the declaration, upon some Lord's day, within three months, in his parish church, in time of divine service, upon pain of forfeiting his appointment.

No person shall hold a benefice, or ecclesiastical dignity, who is not ordained by episcopal ordination1; and none but a Priest can be permitted to hold preferment, or administer the Sacraments m. The penalties are not to extend to foreigners of the reformed churches allowed by the King n: but no title by lapse, or deprivation under the statute, shall accrue, but after six months' notice to the Patron, or sentence of deprivation read in the parish church o.

No other form shall be used in any Church, Chapel, or

es. 3. 4. p. 193.

ds. 5. ib. see stat. 23 Geo. 3. cap. 103. p. 187. * s. 6. p. 194. fs. 7. ib. 8 See also Canons 77. and 137. qualified as to Roman Catholics, stat. 31 Geo. 3. cap. 32. s. 13. 17. and as to Protestant Dissenters, 17 C. 2. cap. 2. 1 Will. cap. 18. 19. Geo. 3. cap. 44. h s. 8. 9. p. 195. k s. 10. p. 196. s. 11. ib. 1 s. 13. p. 197.

i

" s. 15. p. 198. • s. 16. ib.

m s. 14. ib.