that one might be had for every Cathedral, Collegiate, and Parish Church, and Chapel of Ease in the said respective Dioceses, where the Welch is commonly spoken, before the first day of May, 1665; and that the whole Divine Service should be used by the Ministers, and Curates, in manner prescribed, according to the said Book, for which Book so translated the Churchwardens should pay out of the Parish money, and that the said Bishops should appoint the price. And one other Book of Common Prayer in the English tongue should be bought, and had in every Church throughout Wales before the first of May, 1664, to remain within the said Churches, that such as understand them might peruse the same; and such as do not understand the said language might, by conferring both tongues together, the sooner attain to the knowledge of the English tongue. Copies of Act and XXVIII. And to the end that the true and perfect copies of this Act, and the said Book annexed, might be safely kept, Book to be kept, and perpetually preserved, and for avoiding of all disputes, the respective Deans and Chapters of every Cathedral should, at their proper charges, before the 25th December, 1662, obtain under the Great Seal of England a true and perfect printed copy of the Act and Book Cathedrals, annexed, to be preserved in safety for ever, and to be produced in any court of Record, as often as lawfully required. And that there should be delivered copies of the Act and Book into the Sealed Books in Courts at Westm, and the Tower. the income of a Clergyman averages the income of other individuals, rich and poor: and it appears that even if there were no Bishops to inspect and govern the Church,―no Deaneries, Prebendaries, or Canonries, to stimulate the Clergy to excel in literary attainments,-no Universities, or Colleges, to instruct our youth,-nothing but parochial Clergy, and all of these provided for by an equal partition of the present ecclesiastical revenues, there would not be, according to the Bishop of Llandaff's calculation on 10,000 Clergymen only, above 150l. a year for the maintenance of each individual with his family. According to a later calculation, the statement is probably as follows: The 5,098 Rectories, at 1627. per annum L.825,876 390,822 89,100 392,000 L.1,697,798 which if equally divided amongst 18,000 families, would not be 957. to each. Before the distribution of England into Parishes, all tythes and ecclesiastical profits belonged to the Bishop and his Clergy for their maintenance, and for charitable uses, and could not be in the hands of lay-men, or applied to secular purposes. The collegiate life of the Bishop and his Clergy appears to have been the practice in the British Churches, and was adopted by the Saxon Christians. D Courts at Westminster, and the Tower of London, to be preserved for ever among the records, to be also produced in any court as need shall require : which said Books so to be exemplified under the Great Seal, should be examined by such persons as the King should appoint under the Great Seal for that purpose, and be compared with the original Book to this Act annexed; who should certify in writing under the hands and seals of three of them, at the end of the same Book, that they had examined and compared the same, and found it to be a true and perfect copy; which said Books so exemplified under the Great Seal of England(5) should be deemed to be as good Records as the Book itself to the Act annexed. Proviso for King's Professor at Oxford. XXIX. Provided that this Act should not be prejudicial to the King's Professor of the Law within the University of Oxford concerning the Prebend of Shipton within the Cathedral Church of Sarum, united to the place of the King's Frofessor by King James. Reference to 36th XXX. Provided that whereas the 36th of the 39 Articles agreed upon by the Archbishops and Bishops of both provinces, and the whole Clergy in the Convocation holden at London in the year 1562, for the avoiding of diversities of opinions, and for establishing of consent touching true religion is in the words following. (See them verbatim, Article 36," Of consecration of Bishops and Ministers.") and its reference to this Act. XXXI. It is enacted that all subscriptions thenafter to be made to the said Articles, should be construed to extend, and should be applied (touching the said 36th Article) unto the Book containing the form and manner of ordaining, &c. of Bishops, Priests, and Deacons, in this Act mentioned, as the same did thentofore extend to the Book of King Edward 6th mentioned in the said Article. Queen Elizabeth's XXXII. Provided that the Book of Common Prayer, &c. thentofore in use, and respectively established by Act of Parliament in the 1st and 8th years of Queen Elizabeth, should be still used until the said feast of St. Bartholomew, 1662. OBSERVATION I. The several other Statutes relating to the subjects of the above Acts of Uniformity, are as follow: By 23 Eliz. ch. 1, sec. 5, every person above the age of 16 years, who shall not repair to some Church, &c. shall forfeit 20l. per month: and if he shall forbear for twelve months, he shall be bound with two sureties in 2001. for (5) Hence called and referred to as the " Sealed Books." his good behaviour (See Canon 13, 90); and by 29 Eliz. ch. 6, sec. 4, 6, shall, for every month until he conform, pay the same without any other indictment, and in default forfeit his goods, and two parts of his lands; and by the 3 Ja. ch. 4, sec. 11, the King may refuse the 20l. and take the two parts of the lands at his option. Persons who resort to no place of worship, are still punishable, notwithstanding the Toleration Acts (Gibs.); but by 23 Eliz. ch. 1, sec. 12, every person having Divine Service according to law in his house on Sunday, and not obstinately refusing to come to Church, but going there four times in the year, shall not incur the said penalty of 201. a month. By the 23 Eliz. ch. 1, sec. 6, 7, any person keeping a Schoolmaster who shall not repair to Church, or be allowed by the Bishop or Ordinary, shall forfeit 101. a month; and such Schoolmaster shall be disabled to be a teacher; and be imprisoned one year. By 35 Eliz. ch. 1, any person above 16 years of age, obstinately refusing to repair to Church, &c. for one month, and persuading any others to deny the Queen's power in ecclesiastical causes (see Canons 1, 2), or to abstain from coming to Church, or to be present at Conventicles (see Canon 10), shall be imprisoned till he conform, and make submission in form therein mentioned; which if he do not in three months, he shall abjure the realm for ever, or refusing, be considered guilty of felony without benefit of Clergy; and abjuring, or refusing to abjure, he shall forfeit his goods for ever, and his lands during life (see Canon 26, 27). Stat. 3 Jas. ch. 4, sec. 32, inflicts a penalty of 10l. a month upon every person retaining or harbouring any servant, or stranger, who shall forbear repairing to Church for one month, not having reasonable excuse. By the 13, 14 Car. 2, ch. 4, any person administering the Sacrament of the Lord's Supper before he be ordained Priest, shall forfeit 100l. By 13 Car. 2, Stat. 2, called "The Corporation Act," no person shall be elected to any office of magistracy who shall not, within one year preceding, have taken the Sacrament of the Lord's Supper according to the rites of the Church of England, and he shall take the Oaths of Allegiance and Supremacy with the oaths of office. But by 5 Geo. 1, ch. 6, sec. 3, he must be removed, or prosecution commenced within six months of his election; and the oath and declaration are repealed. By 13 and 14 Car. 2, ch. 1, persons under the name of " Quakers and “other names of separation," maintaining that the taking of an oath is unlawful, and refusing to take the same when lawfully tendered, or persuading others to refuse; or such Quakers assembling at any place not authorized by law, to the number of 5 or more, of 16 years of age, shall forfeit for the first offence a sum not exceeding 51.; for the second, not exceeding 10l. to be levied by distress and sale; and in default of goods, to be imprisoned for the first offence 3 months, and for the second 6 months, and kept to hard labour; and for the third offence should abjure the realm, or be transported beyond the seas. By 17 Car. 2, ch. 2, generally called " The Five Mile Act," all persons preaching in Conventicles contrary to law, shall not come within five miles of any city or borough, on pain of 40l.: and such persons, and others abstaining from Divine Service, shall not keep school, on like penalty of 401. By 22 Car. 2, ch. 1, generally called "The Conventicle Act," (and see 5 and 6 Ed. 6, ch. 1), any person of 16 or upwards being present at any Conventicle (see Canons 9, 11, 12), at which five persons shall be assembled, shall forfeit for the first offence 5s. and for the second offence 10s.; and in case of poverty the same to be levied on other persons then present, to no greater amount than 10%. on each; and if a feme covert, her husband shall be liable. And every person preaching at such Conventicle, shall forfeit for his first offence 201.; and if he be a stranger, or cannot be found, or is unable to pay the same, it shall be levied on the other persons present. And for every other offence, 401. in like manner. And every person suffering such Conventicle to be held, shall forfeit 201. or in case of poverty, the persons then present, so that the same do not amount to above 10l. on each person. And any Constable, Churchwarden, or Overseer, knowing of such Conventicle, and not giving information, or performing his duty, shall forfeit 51. And every Justice wilfully omitting his duty shall forfeit 100l. And all clauses in this Act shall be construed most largely and beneficially for the suppressing of Conventicles. The penalties to be sued for within six months (See also Canon 73). By 25 Car. 2, ch. 2, called " The Test Act," all officers civil and military are to take the oaths, and make the declaration against transubstantiation, within three months after their admission, and also within the same time receive the Sacrament, under forfeiture of 5001. and disability to hold the office. By subsequent Statutes, the time for taking the oaths is enlarged to six months. By 9 and 10 W. 3 ch. 32, it was enacted that if any person educated in the Christian Religion should by writing, printing, teaching, or advised speaking, deny any one of the Persons of the Holy Trinity to be God, or should assert or maintain that three are more Gods than one, and should be thereof convicted on the oath of two witnesses, he should for the first offence be disabled to enjoy any office or employment ecclesiastical, civil, or military; and for the second offence be disabled to prosecute any action, or be a guardian, or executor, or take any legacy, or deed of gift, or bear any office civil, military, or ecclesiastical for ever, and also should suffer imprisonment for three years. By 10 Anne, ch. 2, Officers of government present at any Conventicle, at which there shall be 10 persons, unless the Royal Family be prayed for in express words, shall forfeit 401. and be disabled. OBSERVATION II. Before the end of every Session of Parliament, an Act is passed to indemnify persons liable to the penalties under the Corporation and Test Acts, provided they then qualify within a certain time; and the rigour of the law on this subject has been much softened by many subsequent Statutes, of which the first and principal was THE TOLERATION ACT 1 Will. 3, ch. 18. By this Statute it is enacted that neither the Stat. 23 Eliz. ch. 1-nor 29 Eliz. ch. 6-nor 1 Eliz. ch. 2. sec. 4-nor 3 Jas. ch. 4 and 5-nor any other law, &c. against Papists (except 25 Car. 2, ch. 2, [the Test Act] and 30 Car. Stat. 2, ch. 1, [against Papists sitting in Parliament,] shall extend to persons dissenting from the Church of England, that shall take the Oaths of Allegiance and Supremacy, and make and subscribe the declaration against Popery of the 30 Car. 2 Stat. 2, ch. 1, provided the place of meeting be not with doors locked, &c. By Sect. 6 they are not hereby exempted from the payment of tithes, or from parochial duties, or duties to the Church or Minister; but by Sect. 7, if chosen to any parish office, &c. and scrupling to take the oaths, they may execute such office by deputy. By Sect. 8, no person so dissenting being in Holy Orders, or pretended Holy Orders, who shall subscribe such declaration, and take the said oaths, and declare his approbation of, and subscribe the 39 Articles, except the 34th, 35th, and 36th, and the words of the 20th [" The Church hath power to decree Rites or "Ceremonies, and authority in controversies of Faith, and yet"-] shall be liable to the penalties of 17 Car. 2. ch. 2-22 Car. 2 ch. 1, as to preaching-or to the penalty of 100l. by 13 and 14 Car. 2, ch. 4, for officiating in any congregation. By Sect. 10, indulgence is extended to such persons in such orders, &c. as scruple baptizing infants; and by Sect. 11, Dissenting Ministers are exempted from serving on Juries, or the office of Churchwarden, Overseer, &c. But by Sect. 12. any Justice may require any person going to any meeting, &c. to subscribe the declaration and take the oaths, on pain of imprisonment, or to be taken for a Popish Recusant Convict. Sect. 13, extends indulgence to those who scruple taking any oath, on their subscribing the said declaration, and also a declaration of fidelity, and a profession of their Christian belief; but any person refusing to take the oaths when tendered to him by any Justice, shall not be admitted to make the said declarations, unless within 31 days he shall produce two sufficient Protestant witnesses to testify upon oath that they believe him to be a Protestant Dissenter; or a certificate of four Protestants who are conformable to the Church of England, or have taken the oaths and subscribed the declaration; and shall also produce a certificate under the hands and seals of six of his congregation, owning him for one of their body. Until which he shall give security with two sureties in 50l. for his producing the same, or be committed to prison. Sect. 16, provides that the laws for due attendance on Divine Service on the Lord's Day, shall be inforced against all persons offending, except such persons as shall go to some place of worship allowed by this Act. But Sect. 17 withholds benefit . |