CLASS II. PART I. pose that some person specially named or described in such No. 10. engagement, or one of two persons so specially named or Stat. 7 & 8 described, should be presented, collated, or nominated to G. 4. c. 25. such Spiritual Offices respectively, or that the same should be given or bestowed to or upon him, or for the resignation thereof upon notice or request or otherwise, when a person, or one of two persons, so specially named or described, should become qualified by age or otherwise to accept and take the same: And whereas it has lately been adjudged and determined at law that such engagements as aforesaid come within the intent and meaning of the said recited Act: And whereas the Spiritual Persons and Patrons, and other Persons, who have been Parties to such engagements, will suffer great hardship and detriment unless they be relieved from the pains, penalties, forfeitures, loss, or disabilities to which they have erroneously, but without having wilfully acted in contravention of the said recited Act, rendered themselves liable, by reason of having given or entered into, or accepted or taken such engage. ments; For remedy thereof, 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 sentation, this present Parliament assembled, and by the authority of to any spiritual the same, That no Presentation, collation, gift, or bestowoffice, made ing of any such Spiritual Office to or upon any Spiritual before 9th Person, before the ninth day of April in the present year of 1827, shall our Lord one thousand eight hundred and twenty seven, be void on nor any admission, institution, investiture, or induction account of thereupon, shall be void, frustrate, or of no effect in law, for ment to re- or by reason of any such engagement made, given, or sign when entered into by such Spiritual Person, or any other person No pre April any agree another person, specially named, lified to take the same. or persons, to or with the patron or patrons of such Spiritual Office, or to or with any other person or persons, for the resignation of the same, to the intent or purpose manifested shall be- by the terms of such engagement, that some person specially come qua- named or described therein, or one of two persons so specially named or described, should be presented, collated, or nominated to such Spiritual Office, or that the same should be given or bestowed to or upon him, or for the resignation thereof upon notice or request, or otherwise, when a person, or one of two persons, so specially named or described, should become qualified, by age or otherwise, to accept and take the same; and that it shall not be lawful for the King's most excellent Majesty, his heirs, or successors, for or by reason of such engagement as aforesaid, to present or collate unto, or give or bestow such Spiritual Office; and that such any such Spiritual Person, and patron or patrons, or other person or Persons making persons respectively, shall not be liable to any pains, penalty, PART I. forfeiture, loss, or disability, nor to any prosecution or other CLASS II. proceeding, civil, criminal, or penal, in any Court Ecclesi- Stat. 7 & 8 astical or Temporal, for or by reason of his, her, or their G. 4. c. 25. No. 10. having made, given, or entered into or accepted or taken such agree ty on ac engagement as aforesaid; and that every such presentation ment, not or collation, or gift or bestowing, before the said ninth day subject to of April in the present year of our Lord one thousand any penaleight hundred and twenty seven, and every admission, in-count stitution, investiture, and induction thereupon, shall be as thereof. valid and effectual in the law, to all intents and purposes whatsoever, as if such engagement had not been made, given, or entered into, or accepted or taken; any thing in the said recited Act, or in any other Act, Statute, or Canon, or any law to the contrary in any wise notwithstanding. ments en 1827, valid II. And be it further enacted, That every such engage- All such ment which hath been made, given, or entered into at any engagetime before the said ninth day of April in the present year tered into of our Lord one thousand eight hundred and twenty seven, before 9th for the resignation of any benefice with cure of souls, April dignity, prebend, or living ecclesiastical, to the intent or and effecpurpose, manifested by the terms of such engagement, that tual in some person specially named or described therein, or one of law. two persons so specially named or described, should be presented, collated, or nominated to such Spiritual Office, or that the same should be given or bestowed to or upon him, or for the resignation thereof upon notice or request or otherwise, when a person, or one of two persons, so specially named or described, should become qualified, by age or otherwise, to accept and take the same, shall be good, valid, and effectual in the law to all intents and purposes whatsoever; any thing in the said recited Act, or in any other Act, Statute, or Canon, or any law to the contrary in any wise notwithstanding. III. Provided always, That nothing in this Act con- Engagetained shall extend or be construed to extend to the case of ments not bona fide any engagement which shall not have been made, given, or made with entered into really and bond fide to the intent or purpose such intent. aforesaid, and no other: Provided also, that nothing herein contained shall be deemed compulsory upon the Ordinary to accept the resignation a. Although it appears to be clear that a Bishop may refuse to accept a resignation upon a sufficient cause for refusal, it does not appear yet to be decided whether he can at his pleasure refuse to accept a resignation without assigning any cause, and who shall finally judge of the sufficiency of the cause, and by what mode he may be compelled to accept: see 1 Bla. Com. 393. n. by Christian. Hesket v. Grey. 3 Burn's Eccl. Law. 353. PART I. No. 10. son so IV. Provided always, and be it further enacted, That CLASS II.in every case where any such Spiritual Office shall after Stat. 7 & 8 the passing of this Act be resigned pursuant to any such G. 4. c. 25. engagement, and the person, or one of the two persons, so specially named or described therein shall not be preIf the per- sented, collated, nominated, or appointed by donation to specially such Spiritual Office within six calendar months next named be after such resignation, the resignation which shall so have been made pursuant to such engagement shall to all intents such Spiri- and purposes be void and of no effect; and the Spiritual tual Office Person who shall so have resigned shall, without any Act or months, the Form, and as if such resignation had not been made, be resignation deemed and taken to all intents and purposes to be and to shall be have continued the Incumbent actually in possession of such not pre sented to within six void. Proviso for proceed ings al Spiritual Office, notwithstanding such resignation, and although within the said six months any other person may have been presented, collated, nominated, instituted, or inducted thereto, or received investiture thereof, provided such person so resigning shall not by reason of any other Act or Thing have become disqualified to hold the same. V. Provided also, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend ready com- to the caseof any such engagement, upon or with respect to which any action, suit, bill, plaint, or information shall have been brought, sued out, or commenced and prosecuted before the ninth day of April in this present year. menced. No. 1. 13 & 14 CLASS III. STATUTES RELATING TO UNIFORMITY OF PUBLIC WORSHIP Anno 1 ELIZ. Cap. 2. An Act for the Uniformity of Common Prayer and Service in the Church, and Administration of the Sacraments. WHERE at the death of our late Sovereign Lord King Car. 2. c. 4. Edward the Sixth there remained one uniform order of common Service and Prayer, and of the Administration of Sacraments, Rites and Ceremonies in the Church of England, which was set forth in one book, intituled The Book of Common Prayer, and Administration of Sacraments, and III. No. 1. Stat. 1 Eliz. c. 2. Stat. 5 & 6. of 1 M. other Rites and Ceremonies in the Church of England: au- PART I. thorized by Act of Parliament holden in the fifth and sixth CLASS years of our said late Sovereign Lord King Edward the Sixth, intituled An Act for the Uniformity of Common Prayer, and Administration of the Sacraments; the which was repealed and taken away by Act of Parliament in the first year of the reign of our late Sovereign Lady Queen Ed. 6. c. 1. Mary, to the great decay of the due honour of God, and dis- A repeal of comfort to the professors of the truth of Christ's religion: the Statute II. Be it therefore enacted by the authority of this pre- sess. 2. c. 2. sent Parliament, That the said Estatute of repeal, and every And the thing therein contained, only concerning the said Book, and Book of the Service, Administration of the Sacraments, Rites and Common Ceremonies, contained or appointed in or by the said Book, shall be of shall be void and of none effect, from and after the feast of the effect. Nativity of St. John Baptist next coming; and that the said! Leon. Book, with the Order of Service, and of the Administration of Sacraments, Rites and Ceremonies, with the alterations and additions therein added and appointed by this Estatute, shall stand and be, from and after the said feast of the Nativity of St. John Baptist, in full force and effect, according to the tenor and effect of this Estatute; any thing in the aforesaid Estatute of repeal to the contrary notwithstanding. Prayer 295. of Common III. And further be it enacted by the Queen's Highness, The Book with the assent of the Lords and Commons in this present prayer Parliament assembled, and by the authority of the same, shall be That all and singular Ministers in any cathedral or parish used. church, or other place within this realm of England, Wales, 8 Eliz. c. 1. and the Marches of the same, or other the Queen's dominions, shall from and after the feast of the Nativity of St. John Baptist next coming, be bounden to say and use the Mattens, Even-song, Celebration of the Lord's Supper, and Administration of each of the Sacraments, and all the common and open prayer, in such order and form as is mentioned in the said Book, so authorized by Parliament in the said fifth and sixth years of the reign of King Edward the Sixth, with one alteration or addition of certain Lessons to The alterabe used on every Sunday in the year, and the form of the tious of the Litany altered and corrected, and two sentences only added forth. in the delivery of the Sacrament to the communicants, and 5 & 6 Ed.6. none other or otherwise. book set c. 1. which use IV. And that if any manner of Parson, Vicar, or other The forfeitwhatsoever Minister, that ought or should sing or say Com-ure of those mon Prayer mentioned in the said Book, or minister the Sacraments, from and after the feast of the Nativity of St. John service N any other PART I. CLASS No. 1. than the Cook of Bommon Prayer. Godbolt 118. pl. 137. 3 Mod. 78. Baptist next coming, refuse to use the said Common Prayers, or to minister the Sacraments in such cathedral or parish church, or other places as he should use to minister the same, in such order and form as they be mentioned and set forth in the said Book; or shall wilfully or obstinately, standing in the same, use any other rite, ceremony, order, form or manner of celebrating of the Lord's Supper, openly or privily, or Mattens, Even-song, Administration of the Sacraments, or other open prayers, than is mentioned and set forth in the said Book, (open prayer in and throughout this Act, is meant that prayer which is for others to come unto, or hear, either in common churches, or private chapels or oratories, commonly called, the Service of the Church,) or shall The penal- preach, declare or speak any thing in the derogation or dety for de- praving of the said Book, or any thing therein contained, praving the or of any part thereof, and shall be thereof lawfully conCommon victed, according to the laws of this realm, by verdict of twelve men, or by his own confession, or by the notorious evidence of the fact, shall lose and forfeit to the Queen's Highness, her heirs and successors, for his first offence, the profit of all his spiritual benefices or promotions coming or arising in one whole year next after his conviction: and also that the person so convicted shall for the same offence suffer imprisonment for the space of six months, without bail or mainprise. Book of Prayer. fence. The penal- V. And if any such person once convict of any offence ty for the second of concerning the premises, shall after his first conviction eftsoons offend, and be thereof in form aforesaid lawfully convict, that then the same person shall for his second offence suffer imprisonment by the space of one whole year, and also shall therefore be deprived, ipso facto, of all his spiritual promotions; and that it shall be lawful to all patrons or donors of all and singular the same spiritual promotions or any of them, to present or collate to the same, as though the person or persons so offending were dead. The penalty for the third offence. VI. And that if any such person or persons, after he shall be twice convicted in form aforesaid, shall offend against any of the premises the third time, and shall be thereof in form aforesaid lawfully convicted, that then the person so offending and convicted the third time shall be deprived, ipso facto, of all his spiritual promotions, and also shall suffer imprisonment during his life. The penal- VII. And if the person that shall offend, and be con. ty of an of-victed in form aforesaid, concerning any of the premises, ing no spi- shall not be beneficed, nor have any spiritual promotion, fender hav ritual promotion. |