service. praving the book s. 5. Penalty for 2d s. G Penalty for S s. 7 & 3. common prayers, or to minister the sacraments, in such Forfeiture for order as they be set forth in the said book; or shall wil- using other fully or obstinately use any other rite or manner of celebrating the Lord's supper, or mattens, even-song, administration of the sacraments, or other open prayers, than is set forth in the said book; or shall preach or speak in derogation or depraving of the said book, or any thing Penalty for detherein, and shall be thereof convicted by verdict or of common prayconfession, or by, the notorious evidence of the fact; " he shall forfeit for the first offence the profit of all his spiritual benefices arising in one whole year next after his conviction, and suffer imprisonment 6 months. And by s. 5. if any person once convict concerning the premises shall eftsoons offend, and be thereof convict, he shall for his second offence suffer imprisonment one year, offence. and be deprived of all his spiritual promotions. And by s. 6. if any person twice convict shall offend the third time, and shall be thereof convicted, he shall be deprived of all his spiritual promotions, and suffer imprison- fence. ment during life. By s. 7. if the person that shall be convict in form aforesaid shall not be beneficed, he shall for the first offence suffer imprisonment during one Penalty for ofyear next after his said conviction. And by s. 8. fender having no spiritual promoif any such person not having spiritual promotion, after tion. his first conviction, shall eftsoons offend, and be thereof convicted, he shall for his second offence suffer imprisonment during life. By s. 9. if any person shall in any interludes, plays, songs, rhimes, or by other open words, speak in derogation, depravation, or despising, of the said book, or of any thing therein; or shall by opening or speakdeed, or by threatenings, procure or maintain any parson of the book of or minister to sing or say any common prayer, or to minister any sacrament, otherwise than is mentioned in the said book, or that by the said means shall unlawfully interrupt any parson or minister to sing or say common prayer, or to minister the sacraments, in such manner as is mentioned in the said book; every such person being convicted in form abovesaid, shall forfeit to the crown for the first offence 100 marks. And by s. 10. if any person being once convict of such offence eftsoons offend, and be thereof convicted, he shall for the second offence forfeit Penalty for other persons ing in derogation common prayer. s. 10. 2d offence. s.11. forfeit 400 marks. 3d offence. Penalty if forfeure not paid, s. 15. Ordinary to en tion hereof. s. 16. censures of the church. And by And by s. 11. if any person after he shall have been twice convict, shall offend the third time, and be thereof convict, he shall for his third offence forfeit all his goods, and suffer imprisonment during life. s. 12 & 15. By s. 12. if any person, that for his offence shall be convict in form aforesaid, do not pay the sum within 6 weeks after conviction, he shall, instead of the said sum, suffer imprisonment 6 months. And by s. 13, if any person, that for his second offence shall be convict, do not pay the sum within 6 weeks after conviction, he shall, instead of the said sum, suffer imprisonment 12 months. And by s. 15. all archbishops, bishops, and other ordinaries, shall endeavour that due execution. force the execu- hereof may be had throughout their charges as they will answer before God. By s. 16. all archbishops, bishops, and other officers exercising ecclesiastical jurisdiction, as well in place exempt as not exempt, shall have power And punish by to punish by censures of the church, all persons which shall offend within their jurisdiction against this act. By s. 17. every justice of oyer and terminer, or justice of assize, shall have power to determine all offences temporal courts. contrary to this act, and to make process for the execution of the same, as against any person indicted of trespass. And by s. 18. every archbishop and bishop Bishops associat- may at his pleasure associate himself to the justices of ed with the jus- oyer and terminer, or justices of assize, within his diocess, for the determining the offences aforesaid. By s. 20. no person shall be molested for any offences above mentioned, unless he be indicted at the next general sessions of oyer and terminer, or of assize.t By s. 21. lords of Trial of peers. parliament for the 3d offence shall be tried by their peers. By s. 22. the mayors and head officers of cities, boroughs, and towns corporate, to which justices of tried in corporate assize do not commonly repair, shall have power to determine said offences yearly, within 15 days of the feast of Easter and St. Michael. By s. 23. all archbishops and bishops, and their chancellors, commissa s. 17. Jurisdiction of tices. s. 18. s. 20. Limitation for prosecutions. s. 21, s. 22. Offences hors s. 24. punished above fence. ⚫s. 25. Proviso as to ries, archdeacons, and other ordinaries, having ecclesiastical jurisdiction, shall have power to inquire in their visitation, synods, and elsewhere within their jurisdiction, to take informations of all the things abovementioned committed within their jurisdictions, and punish the same by admonition, excommunication, sequestration, or deprivation, and other censures. By s. 24. whatsoever person offending in the premises shall first receive punishment of the ordinary, having a testimonial thereof None shall be under the ordinary's seal, shall not for the same offence once for one ofbe convicted before the justices; and likewise receiving punishment by the justices, he shall not for the same offence receive punishment of the ordinary. By s. 25. such ornaments of the church, and the ministers thereof, shall be retained, as was in the church of England, by ornaments of the authority of parliament in the 2d year of king Edward church, &c. VI. until other order be therein taken by authority of the queen, with the advice of her commissioners for causes ecclesiastical, [*or of the metropolitan.] By s. 26. if any contempt or irreverence be used in the ceremonies of the church, by the misusing of the orders ap- how appointed. pointed in this book; the queen may, by the like advice of the commissioners or metropolitan, publish such further ceremonies as may be most for the advancement of God's glory, the edifying of his church, and the due reverence of Christ's holy mysteries and sacraments. By s. 27. all laws whereby any other service, administration of sacraments, or common prayer, is established within the queen's dominions, shall be void. The other service 2 Eliz. c. 2. Ir. has followed this statute with such deviations as are noted in the margin, and with this further 2 Eliz. c. 2. exception, that this Irish statute provided (s. 15.) that where the miuister had not the use of the English tongue, he might use the Latin tongue. The 13 Eliz. c. 12. s. 2. 13 Eliz. c. 12. Eng. further provides, that if any person ecclesiastical, or which shall have ecclesiastical living, shall advisedly Penalty for immaintain or affirm doctrine repugnant to the articles pugning the 39 any 8. 26. Other rites, &c. s. 27. All laws for void. Ir. s. 15. s. 2. Eng. articles of reliof gion. * Instead of the words within the crotchets, those of the 2 Eliz. c. 2. Ir. are "or by the authority of the lord deputy with the advice of the council of this realm, under the great seal of this realm." The book of com tered. 13 & 14 Car.2. of religion agreed to A. D. 1562, and being convented before the bishop or ordinary, or before the queen's commissioners in causes ecclesiastical, shall persist therein, or not revoke his error, or after revocation affirm such untrue doctrine; such maintaining and persisting shall be just cause to deprive such person of his ecclesiastical promotions, and it shall be lawful to the bishop or ordinary to deprive such person. To this statute there is none corresponding in Ireland. Another act for the uniformity of public prayers, and mon prayer al- administration of sacraments, and other rites and ceremonies, is the 13 & 14 Car. 2. c. 4. Eng. which recites c. 4. s. 1. Eng. that in pursuance of the king's declaration, and of a commission granted under the great seal to several bishops and other divines, the convocations of the provinces of Canterbury and York had reviewed the book of common prayer, and the book of the form and manner of the making and consecrating of bishops, priests, and deacons, and had made some alterations and additions, and presented the same to his majesty in one book intitled, "The book of common prayer, and administration of the sacraments, and other rites and ceremonies of the church, according to the use 17 & 18 Car.2. 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 of bishops, priests, and deacons."+ And by s. 2. enacts, that all ministers in any church or chapel, or other place of public worship, This book shall within England, Wales, or Berwick, shall use the "Ireland" in c. 6. Ir. be used. morning prayer, evening prayer, celebration and ad- The 17 & 18 Car. 2. c. 6. s. 1. Ir. recites, that it was referred unto both houses of convocation assembled in Ireland, to consider whether the same form of public worship according to the use of the church of England, might not be profitably received as the public form of divine service in Ireland; and that both houses did fully approve and allow the same. s. 7. s. 17. No other form of appointed, be openly and solemnly read by every minister or curate in every place of public worship as aforesaid. And by s. 7. in all places where the proper incumbent of any benefice with cure doth reside and keep Incumbents of a curate, the incumbent himself (not having some lawful livings, keeping impediment to be allowed by the ordinary) shall once curates, to read at least in every month publicly read the common pray- every month, ers and service, and (if there be occasion) administer each of the sacraments, and other rites of the church, in the parish church or chapel, as in the said book is appointed; upon pain to forfeit £5. to the use of the poor of the parish, upon conviction by confession, or proof of 2 witnesses upon oath, before 2 justices of peace of the county, &c. and in default of payment within 10 days, to be levied by distress and sale of goods, by warrant of the justices, by the church-wardens or overseers of the poor. By s. 17. no form of common prayers, administration of sacraments, rites or ceremonics, shall be used in any church or public place, in any common prayer college or hall [*in the universities, the colleges of Westminster, Winchester, or Eton,] other than what is appointed by the said book; and every governor or head of any of the said colleges or halls, within one month next after his election or collation, and admission, shall publicly, in the church, chapel, or other place of the same college or hall, and in the presence of the fellows and scholars, or the greater part of them then resident, subscribe unto the 39 articles [tmentioned in the 13 Eliz. c. 12. and unto the said book, and declare his unfeigned assent and consent unto, and approbation of the said articles, and of the same book, and to the use of all the prayers, rites and ceremonies, forms and orders, in the said book contained, according to the form aforesaid. And all such governors or heads of colleges and halls, or any of them, as shall be in holy orders, shall once at least in every quarter (not having a lawful «In any university or college within this realm" in 17 & 18 Car, 2 c. 6. Ir. + Agreed upon by the convocation at London A. D. 1562," in 17 & 18 Car. 2, 6. 6. Ir, to be used. |