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s. 18.

Who may use the service in Latin.

8. 19.

Lecturers to be

I

a lawful impediment) publicly read the morning prayer and service by the said book appointed, in the church, &c. of such college, &c. upon pain to be suspended from all the benefits belonging to the same government or headship, for 6 months, by the visitor: And if any governor, &c. so suspended for not subscribing, or for not reading of the morning prayer and service as aforesaid, shall not, at or before the end of 6 months after such suspension, subscribe unto the said articles and book, and declare his consent thereunto as aforesaid, or read the morning prayer and service, such headship shall be ipso facto void. Provided (s. 18.) that it shall be lawful to use the morning and evening prayer, and all other service prescribed in the said book, [*in the colleges and halls in the universities, in the colleges of Westminster, Winchester, and Eton, and in the convocations of the clergy, in Latin. By s. 19. no person shall be a lecturer, or allowed to preach or read any licensed, and to sermon or lecture in any church, or other place of declare their as- public worship, unless he be first licensed by the archof common pray- bishop of the province, or bishop of the diocess, or by the guardian of the spiritualties, under seal, and shall in the presence of such archbishop, &c. read the 39 articles, with declaration of his unfeigned assent to the same. And every person who shall be licensed or received as a lecturer in any church or place of public worship, the first time he preacheth, (before his sermon) shall publicly read the common prayers by the said book d' appointed to be read for that time, and then publicly declare his assent unto, and approbation of the said book, and to the use of all the prayers, rites, and ceremonies, forms and orders, therein contained and prescribed, according to the form before appointed; and also shall upon the first lecture day of every month, so long as he continues lecturer, &c. before his sermon, publicly read the common prayers and service in the said book appointed, and after such reading shall before the congregation

sent to the book

er, &c.

*"In any colleges, halls, or universities, within this realm" in 17 & 18 Car. 2. c. 6. Ir.

congregation declare his unfeigned assent and consent unto, and approbation of the said book, &c. And every such person who shall neglect to do the same, shall be disabled to preach any lecture or sermon in any church, &c. until he shall publicly read the common prayers and service appointed by the said book, and conform in all points to the things therein appointed. Provided (s. 20.) that if the sermon or lecture be to be preached or read in any cathedral or collegiate church or chapel, it shall be sufficient for the lecturer, openly at the time Proviso as to aforesaid, to declare his assent and consent to all things thedral churches. contained in the said book according to the form aforesaid. By s. 21. if any person, who is by this act disabled

(or, as explained by the 15 Car. 2. c. 7. s. 7. Eng.* pro

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s. 20.

collegiate or ca- ›

s. 21.

hibited) to preach any sermon or lecture, shall, during (15 Car. 2.c. 7.

s. 7. Eng.)

persons disabled,

that preach.

6. 22.

to be read before

the time that he shall continue so disabled, &c. preach any sermon or lecture, he shall suffer 3 months imprison- Penalty upon ment in the common gaol; and any 2 justices of peace or prohibited, of any county, and the mayor or other chief magistrate of any city or town corporate, upon certificate from the ordinary of the offence committed, shall commit the person offending to gaol accordingly. By s. 22. at all times when any sermon or lecture is to be preached, the common prayers and service shall be publicly read Common prayer by some priest or deacon in the church, or place of every lecture. public worship, before such sermon or lecture be preached, and the lecturer shall be present at the reading thereof. By s. 23. this act shall not extend to the university churches, when any sermon or lecture is preached or read as the public university sermon or lecture.† Proviso as to the By s. 24. the several laws now in force for the uniformity of prayer and administration of the sacraments, shall stand in force for the establishing and confirming of the said Former statutes book, and no other. Provided (s. 25.) that in those prayers, confirmed. litanies, and collects, which relate to the king, queen, or royal progeny, the names be altered or fitted to the present

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"Prohibited" is not in 17 & 18 Car. 2. c. 6. Ir.

$. 25.

universities.

$. 24.

s. 25. Litanies, &c. occasion relating to the

+ By s. 29. a special exception is made as to the king's professor of law in

Oxford.

"Or Lord Lieutenant" added in 17 & 18 Car. 2. c. 6. Ir.

king, &c. from

time to time ul

tered.

s. 31.

36th article of

religion. $. 26.

Copies of the

book of common

prayer to be pro

vided in all

parishes.
s. 28.

Copies of this act, and the

occasion, according to the direction of lawful authority. And by s. 31. all subscriptions to the articles shall be Provise as to the applied (touching the 36th article,) unto the book of ordaining and consecrating of bishops, priests, and deacons, in this act mentioned. By s. 26, a true printed copy of said book shall, at the cost of the parishioners of every parish church, &c. be gotten, upon pain of forfeiture of £3. by the month, for so long time as they shall be unprovided thereof. [tAnd by s. 28. the deans. and chapters of every cathedral or collegiate church shall obtain, under the great seal, a printed copy of this act, and of the said book annexed hereunto, to be by the said deans and chapters preserved for ever, and to be produced in any court of record, as often as they shall be lawfully required. And there shall be delivered copies of this act, and of the same book, into the courts at Westminster, and into the tower of London, to be kept amongst the records, to be also produced as need shall require, which books shall be as good records as this book hereunto annexed,] The 17 & 18 Car. 2. c. 6. Ir. has followed this statute with such deviations as are noted in the margin.

book of common prayer, by whom

and how kept.

Penalty upon school-masters

13 & 14 Car.2.

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With respect to the conformity required from schoolteaching without masters, this act (13 & 14 Car. 2. c. 4. Eng.) provides, license. (s. 11.) that if any schoolmaster, or other person instructc.4.s.11.Eng. ing youth in any private family as a tutor or schoolmaster, before license obtained from his arch-bishop, bishop, or ordinary of the diocess, according to the laws of this realm (for which he shall pay 12d. only) and before subscription made of conformity to the liturgy of the church of England as required by $. 10. (vide vol. 1. p. 325.); such school-master, &c. shall for the first offence suffer

*The said forfeiture to be levied by the church-wardens, and employed for the reparation of the church, and relief of the poor," in 17 & 18 Car 2. c. 6. Ir.

+This clause not in 17 & 18 Car. 2. c. 6. Ir.

This act (s. 27.) provides that one book of common prayer in the Welsh tongue, and another in the English tongue, shall be in every church throughout Wales.

suffer 3 months imprisonment, and for every other such offence shall suffer 3 months imprisonment, and also forfeit to the king £5. Which clause is also contained in the

s.

school-masters.

17 & 18 Car. 2. c. 6. Ir. And by the 17 Car. 2. c. 2. 17 Car. 2. c. 2, s. 4. Eng. it shall not be lawful for any person who shall » 4. Eng. not frequent divine service established by law, and carry Penalty of himself reverently there, to teach school, or take boarders non-conforming that are taught by him or any other, upon pain to forfeit £40. one third to his majesty, another to the poor of the parish, and the other to such as will sue for the same by action of debt, &c. in any court of record at Westminster, or before any justices of assize, &c. or justices of peace. No Irish statute contains any similar provision.

conventicles,

s. 1. Eng.

By the 22 Car. 2. c. 1. s. 1. Eng. if any person of the Penalty for beage of 16 years, or upwards, being a subject of this realm, ing present at shall be present at any meeting under pretence of any where liturgy of exercise of religion, in other manner than according to land not used. church of Engthe liturgy and practice of the church of England, at 22 Car. 2. c. 1, which there shall be 5 persons assembled besides those' of the houshold; any justice of peace, or the chief magistrate, of the place, are required upon proof made of such offence, either by confession of the party, or oath of 2 witnesses, or by notorious evidence, to make a record of such offence under their hands and seals, which record shall be a conviction of every such offender; and thereupon the justices, &c. shall impose a fine of 5s. for such offence, which record shall be certified at the next quarter sessions. And by s. 2. if such offender shall again commit the like offence, and be convicted, such offender shall incur the penalty of 10s. Which fines shall Penalty for 2n be levied by distress and sale of goods; or in case of the poverty of such offender, upon the goods of any other persons then convicted of the like offence at the same conventicle, at the discretion of the justice, &c. so as the sum to be levied on any one person amount not to above £10.; the monies to be delivered to the justice, &c. to be distributed, one third to the use of the king, which the justice shall pay into the court of quarter sessions, which court shall deliver the same to the sheriff, and one other to the use of the poor of the parish, and the other to the informers, as the justice shall appoint. By s. 3. every

VOL. II.

2 C

person

offence.

8. 2.

S. 3.

as

es preach, &c.

in such conventicles.

$.4.

fering conventi

s. 5.

Proviso.

Penalty of such person who shall preach in any such meeting, and shall be convicted, shall forfeit for the first offence £20. and if his name be not known, or he be thought unable to pay, the justices, &c. shall levy the same upon the goods of any person present at the same conventicle; and if such offender shall again commit the like offence, he shall incur the penalty of £10. By s. 4. every person whỏ Penalty for suf- shall willingly suffer such conventicle to be held in his cles in houses. house, or back-side, shall forfeit 20. as aforesaid. But by s. 5. no person shall be liable to pay above £10. for any one meeting, in regard of the poverty of other persous. By s. 6. where the penalty charged upon any offender exceeds 10s. it shall be lawful for him, within one week after the penalty paid or levied, to appeal in writing to the quarter sessions, to whom the justices, &c. shall return the money, and certify the evidence; whereupon such offender may plead, and have his trial by a jury; and the justices shall give treble costs against sucli offender for his unjust appeal, and no other court shall intermeddle. By s. 7. upon delivery of such appeal, Appellant to en- the appellant shall enter, before the person convicting,

3.6.

Appeals to whom

and in what

cases,

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ter into a re

cognizance.

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into a recognizance to prosecute the appeal with effect, which recognizance the person convicting is required to certify to the quarter sessions. And by s. 8. such appeal shall be left with the person convicting, at the time of the making thereof. By s. 9. the justices of peace, or the constables and tytling-men, by warrant may, after refusal to enter, break open any house where they shall be informed such conventicle shall be held, and take into their custody the persons there assembled; and the lieutenants, or any commission officer of the militia, or other his majesty's forces, and also the sheriffs and other magistrates, on certificate of any justice of peace, may dissipate or prevent all such meetings, and take into their custody such of the persons assembled as they shall think fit: Provided (s. 10.) that no dwelling house of any peer where he or his wife shall be resident, shall be searched but by warrant from his majesty, under his sign manual, or in the presence of the lieutenant, or one deputy lieutenant, or two justices of peace, and one of the quorum. By s. 11. if any constable, tything-man, church warden,

or

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