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Where of long time there has been had in this realm of England and in
Wales divers forms of common prayer, commonly called the service of the
Church; that is to say, the Use of Sarum, of York, of Bangor, and of
Lincoln; and besides the same now of late much more divers and sundry
forms and fashions have been used in the cathedral and parish churches
of England and Wales, as well concerning the Matins or Morning Prayer
and the Evensong, as also concerning the Holy Communion, commonly called
the Mass, with divers and sundry rites and ceremonies concerning the
same, and in the administration of other sacraments of the Church: and
as the doers and executors of the said rites and ceremonies, in other
form that of late years they have been used, were pleased therewith, so
other, not using the same rites and ceremonies, were thereby greatly
offended.
And albeit the king's majesty, with the advice of his most entirely
beloved uncle the lord protector and other of his highness's council,
has heretofore divers times essayed to stay innovations or new rites
concerning the premises; yet the same has not had such good success as
his highness required in that behalf:
Whereupon his highness by the most prudent advice aforesaid, being
pleased to bear with the frailty and weakness of his subjects in that
behalf, of his great clemency has not been only content to abstain from
punishment of those that have offended in that behalf, for that his
highness taketh that they did it of a good zeal; but also to the intent
a uniform quiet and godly order should be had concerning the premises,
has appointed the Archbishop of Canterbury, and certain of the most
learned and discreet bishops, and other learned men of this realm, to
consider and ponder the premises; and thereupon having as well eye and
respect to the most sincere and pure Christian religion taught by the
Scripture, as to the usages in the primitive Church, should draw and
make one convenient and meet order, rite, and fashion of common and open
prayer and administration of the sacraments, to be had and used in his
majesty's realm of England and in Wales; the which at this time, by the
aid of the Holy Ghost, with one uniform agreement is of them concluded,
set forth, and delivered to his highness, to his great comfort and
quietness of mind, in a book entitled, The Book of the Common Prayer and
Administration of the Sacraments, and other Rites and Ceremonies of the
Church, after the use of the Church of England:
Wherefore the Lords spiritual and temporal, and the Commons, in this
present Parliament assembled, considering as well the most godly travail
of the king's highness, of the lord protector, and of other his
highness's council, in gathering and collecting the said archbishop,
bishops, and learned men together, as the godly prayers, orders, rites,
and ceremonies in the said book mentioned, and the considerations of
altering those things which be altered and retaining those things which
be retained in the said book, but also the honour of God and great
quietness, which by the grace of God shall ensue upon the one and
uniform rite and order in such common prayer and rites and external
ceremonies to be used throughout England and in Wales, at Calais and the
marches of the same, do give to his highness most hearty and lowly
thanks for the same; and humbly pray, that it may be ordained and
enacted by his majesty, with the assent of the Lords and Commons in this
present Parliament assembled, and by the authority of the same, that all
and singular person and persons that have offended concerning the
premises, other than such person and persons as now be and remain in
ward in the Tower of London, or in the Fleet, may be pardoned thereof;
and that all and singular ministers in any cathedral or parish church or
other place within this realm of England, Wales, Calais, and the marches
of the same, or other the king's dominions, shall, from and after the
feast of Pentecost next coming, be bound to say and use the Matins,
Evensong, celebration of the Lord's Supper, commonly called the Mass,
and administration of each of the sacraments, and all their common and
open prayer, in such order and form as is mentioned in the said book,
and none other or otherwise,
And albeit that the same be so godly and good, that they give
occasion to every honest and conformable man most willingly to embrace
them, yet lest any obstinate person who willingly would disturb so godly
order and quiet in his realm should not go unpunished, that it may also
be ordained and enacted by the authority aforesaid, that if any manner
of parson, vicar, or other whatsoever minister, that ought or should
sing or say common prayer mentioned in the said book, or minister the
sacraments, shall after the said feast of Pentecost 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 or minister
the same, in such order and form as they be mentioned and set forth in
the said book or shall use, wilfully and obstinately standing in the
same, any other rite, ceremony, order, form, or manner of Mass openly or
privily, or Matins, Evensong, administration of the sacraments, or other
open prayer that is mentioned and set forth in the said book (open
prayer in and throughout this Act, is meant that prayer which is for
other to come unto or hear either in common churches or private chapels
or oratories, commonly called the service of the Church); or shall
preach, declare, or speak anything in the derogation or depraving of the
said book, or anything therein contained, or of any part thereof; and
shall be thereof lawfully convicted 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 king's highness,
his heirs and successors, for his first offence, the profit of such one
of his spiritual benefices or promotions as it shall please the king's
highness to assign or appoint, coming and arising in one whole year next
after his conviction: and also that the same person so convicted shall
for the same offence suffer punishment by the space of six months,
without bail or mainprize: and if any such person once convicted of any
offence concerning the premises, shall after his first conviction again
offend and be thereof in form aforesaid lawfully convicted, 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 promotions; and that it shall be lawful to all
patrons, donors, and grantees of all and singular the same spiritual
promotions, to present to the same any other able clerk, in like manner
and form as though the party so offending were dead: 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 suffer
imprisonment during his life.
And if the person that shall offend and be convicted in form
aforesaid concerning any of the premises, shall not be beneficed nor
have any spiritual promotion, that then the same person so offending and
convicted shall for the first offence suffer imprisonment during six
months, without bail or mainprize: and if any such person not having any
spiritual promotion, after his first conviction shall again offend in
anything concerning the premises, and shall in form aforesaid be thereof
lawfully convicted, that then the same person shall for his second
offence suffer imprisonment during his life.
And it is ordained and enacted by the authority abovesaid, that if
any person or persons whatsoever, after the said feast of Pentecost next
coming, shall in any interludes, plays, songs, rhymes, or by other open
words declare or speak anything in the derogation, depraving, or
despising of the same book or of anything therein contained, or any part
thereof; or shall by open fact, deed, or by open threatenings, compel or
cause, or otherwise procure or maintain any parson, vicar, or other
minister in any cathedral or parish church, or in any chapel or other
place, to sing or say any common and open prayer, or to minister any
sacraments otherwise or in any other manner or form that is mentioned in
the said book; or that by any of the said means shall unlawfully
interrupt or let any parson, vicar, or other ministers in any cathedral
or parish church, chapel, or any other place, to sing or say common and
open prayer, or to minister the sacraments, or any of them, in any such
manner and form as is mentioned in the said book; that then every person
being thereof lawfully convicted in form abovesaid, shall forfeit to the
king our sovereign lord, his heirs and successors, for the first offence
ten pounds. And if any person or persons, being once convicted of any
such offence, again offend against any of the premises, and shall in
form aforesaid be thereof lawfully convicted, that then the same persons
so offending and convicted shall for the second offence forfeit to the
king our sovereign lord, his heirs and successors, twenty pounds; and if
any person after he, in form aforesaid, shall have been twice convicted
of any offence concerning any of the premises, shall offend the third
time, and be thereof in form abovesaid lawfully convicted, that then
every person so offending and convicted shall for his third offence
forfeit to our sovereign lord the king all his goods and chattels, and
shall suffer imprisonment during his life: and if any person or persons,
that for his first offence concerning the premises shall be convicted in
form aforesaid, do not pay the sum to be paid by virtue of his
conviction, in such manner and form as the same ought to be paid, within
six weeks next after his conviction, that then every person so
convicted, and so not paying the same, shall for the same first offence,
instead of the said ten pounds, suffer imprisonment by the space of
three months without bail or mainprize. And if any person or persons,
that for his second offence concerning the premises shall be convicted
in form aforesaid, do not pay the sum to be paid by virtue of his
conviction, in such manner and form as the same ought to be paid, within
six weeks next after his said second conviction, that then every person
so convicted, and not so paying the same, shall for the same second
offence, instead of the said twenty pounds, suffer imprisonment during
six months without bail or mainprize.
And it is ordained and enacted by the authority aforesaid, that all
and every justices of oyer and terminer, or justice of
assize, shall have full power and authority in every of their open and
general sessions to inquire, hear, and determine all and all manner of
offences that shall be committed or done contrary to any article
contained in this present Act, within the limits of the commission to
them directed, and to make process for the execution of the same, as
they may do against any person, being indicted before them of trespass,
or lawfully convicted thereof.
Provided always, and be it enacted by the authority aforesaid, that
all and every archbishop and bishop shall or may at all time and times
at his liberty and pleasure join and associate himself, by virtue of
this Act, to the said justices of oyer and terminer, or to
the said justices of assize, at every of the said open and general
sessions to be holden in any place within his diocese, for and to the
inquiry, hearing, and determining of the offences aforesaid.
Provided always, that it shall be lawful to any man that understands
the Greek, Latin, and Hebrew tongue, or other strange tongue, to say and
have the said prayers, heretofore specified, of Matins and Evensong in
Latin, or any such other tongue, saying the same privately, as they do
understand.
And for the further encouraging of learning in the tongues in the
Universities of Cambridge and Oxford, to use and exercise in their
common and open prayer in their chapels (being no parish churches) or
other places of prayer, the Matins, Evensong, Litany, and all other
prayers (the Holy Communion, commonly called the Mass, excepted)
prescribed in the said book, prescribed in Greek, Latin, or Hebrew;
anything in this present Act to the contrary notwithstanding.
Provided also, that it shall be lawful for all men, as well in
churches, chapels, oratories, or other places, to use openly any psalm
or prayer taken out of the Bible, at any due time, not letting or
omitting thereby the service or any part thereof mentioned in the said
book.
Provided also, and be it enacted by the authority aforesaid, that the
books concerning the said services shall at the costs and charges of the
parishioners of every parish and cathedral church be attained and gotten
before the feast of Pentecost next following, or before; and that all
such said books shall be attained and gotten before the said feast of
Pentecost, shall within three weeks next after the said books so
attained and gotten use the said services, and put the same in use
according to this Act.
And be it further enacted by the authority aforesaid, that no person
or persons shall be at any time hereafter impeached or otherwise
molested of or for any of the offences above mentioned, hereafter to be
committed or done contrary to this Act, unless he or they so offending
be thereof indicted at the next general sessions to be holden before any
such justice of oyer and terminer, or justices of assize,
next after any offence committed or done contrary to the tenor of this
Act.
Provided always, and be it ordained and enacted by the authority
aforesaid, that all and singular lords in the Parliament, for the third
offence above mentioned, shall be tried by their peers.
Provided also and be it ordained and enacted by the authority
aforesaid, that the Mayor of London, and all other mayors, bailiffs, and
other head officers of all and singular cities, boroughs, and towns
corporate within this realm, Wales, Calais, and the marches of the same,
to the which justices of assize do not commonly repair, shall have full
power and authority by virtue of this Act to inquire, hear, and
determine the offences abovesaid, and every of them yearly, within
fifteen days after the feast of Easter and St. Michael the Archangel, in
like manner and form as justices of assize and oyer and
terminer may do.
Provided always, and be it ordained and enacted by the authority
aforesaid, that all and singular archbishops and bishops, and every of
their chancellors, commissaries, archdeacons, and other ordinaries,
having any peculiar ecclesiastical jurisdiction, shall have full power
and authority by virtue of the Act, as well to inquire in their
visitations, synods, and elsewhere within their jurisdiction, [or] at
any other time or place, to take accusations and informations of all and
every the things above mentioned, done, committed, or perpetrated,
within the limits of their jurisdiction and authority, and to punish the
same by admonition, excommunication, sequestration, or deprivation, and
other censures and process, in like form as heretofore has been used in
like cases by the king's ecclesiastical laws.
Provided always, and be it enacted, that whatsoever person offending
in the premises shall for the first offence receive punishment of the
ordinary having a testimonial thereof under the said ordinary's seal,
shall not for the same offence again be summoned, before the justices;
and likewise receiving for the said first offence punishment by the
justices, he shall not for the same offence again receive punishment of
the ordinary; anything contained in this Act to the contrary
notwithstanding. |