gated the Episcopal powers to others. PROP. XIV.-who acted in like manner, as did also their Successors. PROP. XV.

-IF OUR LORD, by a mystical appearance, and His interpretation of it, sanctioned this delegation, and thus confirmed the legitimacy of EPISCOPAL GOVERNMENT. PROP. XVI.-and the CHRISTIAN CHURCH, and PRIESTHOOD, and SERVICE, Succeeded to the Levitical. PROP. XVII-and were to be kept equally inviolate. PROP. XVIII.—

-IF this gradation of ORDERS, under Diocesan EPISCOPACY, be authorized by the Holy Scriptures, by the Analogy of Faith, and Apostolic practice. PROP. XIX.-by the testimony of the Christian Fathers. PROP. XX.-and by even the partial admission of the opposers of it. PROP. XXI.-and such an

ECONOMY, as it originated in the revealed Will of God, and was confirmed by OUR LORD, have prevailed in the Churches founded by the Apostles, and governed by their Successors, down to the present time. PROP. XXII.-which Economy there was no material attempt made to impeach till near fifteen centuries after the Apostolic Institutions. PROP. XXIII.—and the Quotations from the Holy Scriptures adduced to support any such attempt, and the Arguments grounded thereon, on the Writings of the Fathers, and on gratuitous Assumptions, and hypothetical Consequences, be inapplicable, or inconclusive. PROP. XXIV.

-THEN IS EPISCOPACY,-of DIVINE INSTITUTION; and the Separation from any Church possessing these discriminating marks of a true and lawful one, and maintaining legitimacy of form, with purity of doctrine, forbidden by the letter and spirit of Holy Writ, expressly contrary to the precepts and practice of OUR LORD, of the Apostles, and the Primitive Church; and discountenanced by general and continued custom. And if such be not the " Schism in the body," deprecated by OUR LORD, denounced by St. Paul, and St. Jude, and opposed by the early Fathers of the Christian Church, then does it seem yet to be sought, and declared, WHAT is such SCHISM!

An Act for the Uniformity of Common Prayer and Service in the Church, and Administration of the Sacraments.

THIS

PRIMO ELIZABETHÆ.

(ABSTRACT.)

HIS Act states, that whereas at the death of King Repeal of the 1st Edward VI. there remained one uniform order of Common Mary.

Service, and Prayer, &c. intituled, "The Book of Common Prayer, and Ad“ministration of Sacraments, and other Rites and Ceremonies in the Church of England," authorised by Act of Parliament, holden in the 5th and 6th years of the said King, intituled, "An Act for the Uniformity of Common Prayer and Administration of the Sacraments;" which was repealed by Act of Parliament in the 1st year of Queen Mary," to the great decay of the due "honour of God, and discomfort to the professors of the truth of Christ's "religion."(1)

Bk. of Com. Pr. 5 and 6 Ed. 6,

restored.

and effect.

1

And to be used

with alterations.

II. It is therefore enacted, that the said Statute of repeal, only concerning the said book, and the service, &c. appointed thereby, should be void, and that the book, with the alterations and additions appointed by this Statute, should be in full force III. That all Ministers should use the Mattins, Evensong, celebration of the Lord's Supper, and administration of each of the Sacraments, and all other common and open prayer, in the order and form mentioned in the said book, with one alteration, or addition of certain Lessons for every Sunday in the year, and the form of the Litany altered, and corrected, and two sentences only added in the delivery of the Sacrament to the Communicants. and none otherwise. (2)

(1) In the year 1548, 2 Ed. 6, the Archbishop of Canterbury, and twelve of the other principal Bishops and Divines, joined in a committee, drew up the form of celebrating the Lord's Supper; and after that, of the rest of the Common Prayer, chiefly from the best primitive formularies of public prayer they could find; which was soon after confirmed by authority of Parliament, with this testimony subjoined, viz. that “none could doubt but that the authors were inspired, and assisted therein "by the Holy Ghost," (Jones's Short View.) and this was established by Stat. 2 and 3 Ed. 6, c. 1. Some alterations were made and recognized by Stat. 5 and 6 Ed. 6, and it was the Liturgy thus established that was set aside by Queen Mary, who restored the service to what it was in the last year of Henry VIII.

(2) These alterations were not made by the Queen, or Parliament, but by Commissionaries duly appointed to review the Liturgy. (L'Estrange.).

A

Forfeiture for re

fusing to use, or using any other, or depraving, &c.

1st offence.

IV. That if any Minister, &c. should (3) refuse to use the said Common Prayers, or(4) to minister the Sacraments in order and form set forth in the said book, or wilfully use any other rite, ceremony, &c. or should preach, or (5)speak any thing in the derogation, or depraving of the said book, and should thereof be lawfully convicted, by verdict of twelve men, or by his own confession, or by the notorious evidence of the fact, he should forfeit, for his first offence, the profit of all his spiritual (6) benefices, arising in one year, and suffer imprisonment six months.

2d offence.

V. And if he should, after his first conviction, eftsoons (soon afterwards) offend, then, for his second offence, he should suffer imprisonment one year, and be deprived, ipso facto, of all his spiritual promotions; and all (7) patrons might present to the same, as though such person were dead. 3d offence. VI. And that if, after he should be twice convicted, he should offend the third time, he should be deprived, ipso facto, of all his spiritual promotions, and suffer imprisonment during his life.

Penalty if no beVII. And if he should not be beneficed, nor have any spinifice, 1st offence. ritual promotion, then he should, for the first offence, suffer imprisonment during one whole year.

2d offence.

Penalty for ridiculing, or speaking against, 1st offence,

VIII. And for his second offence, during his life.

IX. And if (S)any person should, in any interludes, plays, songs, rhymes, or by other open words, (9) declare, or speak any thing in the derogation, depraving, or despising of the same

(3) Robert Cawdrey, a Clerk, deprived by the High Commissioners for preaching against, and refusing to celebrat divine service according to the Common Prayer, An. 33 Eliz. (Coke) Nicholls. See Canon 38.

(4) An indictment for baptising a child without the sign of the Cross. (Goldsb.) Nicholls. See Canon 14, 15, 30, 71, 72.

(5) Hill. Ter. 43 Eliz. One Home deprived, for speaking against, and refusing to use, the Common Prayer. (Goldsb.) Nicholls. See Canon 4, 5, 6, 8.

(6) The term Benefice is derived to us from the Romans, who distributed part of the lands they conquered to their soldiers, both as a recompense for past, and an encouragement to future services, and they were then called Beneficiarii, and the land a Beneficium, or Benefice.-Hence as the riches of the Church increased from the liberality of princes, the word Benefice was applied to Church Livings.-Or the term may be derived from the feudal law when it signifies land granted for a limited time, and which, when it became hereditary, was called a feud.

(7) The right of patronage, of advowson, or presenting a Clerk to the Bishop when a Church becomes vacant, was first gained by founders, benefactors, or maintainers of the Church. They were called Advocati (whence the term advowson) and Patroni (patron3) because they were bound to protect the rights of the Church and their Clerks.

(8) Feme Covert within this clause. (Hob. Dyer) Nicholls.

(9) It was adjudged, that if words spoken amount to treason, à fortiori, they do

book, or compel, or procure, or maintain any Minister, &c. in any (1)Cathedral, or Parish (2) Church, &c. or in any other place, to sing or say any common, or open prayer, or to minister any Sacrament, otherwise than ment'oned in the said book, or should unlawfully interrupt, (3) or let (hinder), any Minister in singing or saying common and open prayer, or ministering the Sacraments, in manner mentioned in the said book, he should forfeit, for the first offence, an hundred marks.

X. And for the second offence, four hundred marks.

XI. And for his third offence, all his goods and chattels, and suffer imprisonment during his life.

XII. And if any person, for his first offence, should not pay such sum within six weeks after conviction, he should, (4) instead of the said sum, suffer imprisonment six months.

2d offence.

Sd offence.

Penalty, if forfeiture not paid, 1st offence.

2d offence.

XIII. And for his second offence, and not paying such sum, he should, instead of the said sum, suffer imprisonment twelve months. XIV. That all persons (5) inhabiting within the realm, or any other the Queen's dominions. "shall diligently and faithfully, having no lawful or reasonable excuse to be absent,

66

All persons to resort to Church, under penalty.

so when written (2 Roll). Therefore the writing virulent libels against the Common Prayer is depraving it (Nicholls). By the 14 Car. 2, ch. 4, these penalties are confirmed. (1) From the Greek Kałɛdpa, a chair or seat. When the early converts who were rich, devoted lands to pious uses, the Oratories, or places of public worship, were called Cathedræ, sedes, Cathedrals, or seats. Lyndwood makes a distinction between Cathedral, Conventual, and Collegiate Churches—a Chapter being spoken of in respect of the first; a Convent in respect of a Church of Regulars; and a College (Collegium) in respect of an inferior Church, where several persons are collected together. The term College was used by the Romans, as the College of Priests-of Augurs, &c. In the Civil Law they were called Universitates, as forming one whole. The Bishop's See, or Cathedral Church, was generally fixed in large towns, which thereby became entitled to the honour of a city. In this country, several have been removed on account of this, as Dorchester to Lincoln, Selsey to Chichester, Kirton to Exeter; and the rule was observed in fixing the Sees of the five new Bishoprics erected by Henry VIII. Generally, Colleges in the Universities are lay corporations, though the members may be all spiritual. (Salkeld.) The Dean and Chapter of Christ Church, Oxford, are a spiritual, and not a lay body. (Bunbury.)

(2) Kupianos, or Kupio oinos, the Lord's House; hence, Cyrce, Saxon; Kircke, Danish; Kercke, Belgic; Kirkia, or Kurk, Cimbrick; Kirk, Scotch; and Church, English. See Index, " Church."

(3) 42 Eliz. In the Queen's Bench, Travers' case, disturbing Minister. Nicholls. (4) Here is an action of imprisonment, or 100 marks; but 23 Eliz. ch. 1, inflicts the 100 marks and imprisonment. This and the following section are nearly verbatim the same as 5 and 6 Ed. 6, ch. 1, sec. 2 and 3.

(5) See Observations at the end of the following Act, 13, 14 Car. 2.

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"endeavour themselves to resort to their (6) Parish Church, or (7)Chapel "accustomed, or upon reasonable let thereof, to some usual place, where 66 common prayer, and such service of God shall be used in such time of let, upon every Sunday, and other days ordained and used to be kept as holidays, "and then and there to abide (8) orderly and soberly, during the time of common prayer, preaching, or other service of God there to be used and "ministered, upon pain of punishment by the censures (9) of the Church;" and every person so offending should forfeit twelve pence, to be levied by the Churchwardens (1) to the use of the poor of the same parish, of the goods, lands, and tenements, of such offenders, by way of distress.

to exertion.

Bps. &c. exhorted XV. "And for due execution hereof, the Queen's most "excellent Majesty, the Lords Temporal, and all the Commons "in this present Parliament assembled, do in God's name, earnestly require

́(6) The Ecclesiastical Judge cannot punish a person for not coming to the Church of the parish where he resides, if he goes to any other (Bulstrode, Coke L.). A person is not bound by this Statute to his Parish Church, but upon reasonable excuse may go to another; but it is otherwise by the Ecclesiastical Law. (Doddridge Justice, 2 Rolls.) One Tomlyn convicted for not repairing to his Parish Church, or to any other, and for not remaining there during Divine Service. (Levin's Entries) Nicholls. (7) Latin Capella, Danish Kapel, Belgic Capelle, and Spanish Capilla; hence our word by the softening of the initials. It is very uncertain whence the term is derived. Some say from Kaλa, little tents to shelter from the weather; and others from Chape, or Cope, or Capa, the Priest's vestment that covered the body. There were formerly two kinds of Chapels; one built adjoining the Church, as a part of it, in which prayers were read, and where the Romanists had an altar: the other separate from the Church, and now called a Chapel of Ease; being for the ease and conveniency of the parishioners that reside at a distance from the Parish Church. Some of these have the parochial rights of christening and burying. There are also Private Chapels in the houses of noblemen and other individuals, which are allowed by the 21st Canon of the Council of Agda, A. D. 506; but all Clerks are prohibited officiating in them, without leave from the Bishop. They were anciently consecrated by the Bishop of the Diocese, and ought to be so still.

(8) The person is to endeavour to resort diligently and faithfully, and to abide there orderly and soberly; and for not doing it in this manner, he may be punished as well as if he was absent; so if he talks or walks there during the time of Divine Service. (1 Rolls. Foster's Case) Nicholls. See Canon 18, 9, 111, 113. A Statute passed, 1 Mary, to prevent the interruption of Preachers; also 1 W. ch. 18, and 1 G. St. 2, ch. 5.

(9) "Wherewith the Church standeth encharged by the Scriptures." Cosins. (1) In the ancient Episcopal Synods, the Bishops used to summon creditable persons out of every parish, to give information of, and attest the disorders that prevailed. These were called "testes synodales,” synod witnesses, or synodsmen; now by corruption, sidesmen: they are also sometimes called questmen, from their office, in making inquest, or enquiry concerning offences.