the premisses, hath 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 premisses, 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 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 travel of the King's Highness, of the Lord Protector and other of his Highness' council in gathering and collecting the said archbishops, 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 he altered, and retaining those things which be received 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 Wales .. 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 parliament assembled, and by authority of the same, . . . that all and singular ministers in any cathedral or parish church, or other place within this realm shall . . . be bounden to say and use the mattens 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 same book, and none other or otherwise." enure to es And by the same act divers regulations were made to establish Regulations the said book, which are yet in force, not for the establishment of the act of that book, but for the establishment of the present Book of tablishment Common Prayer enjoined by the Act of Uniformity of 14 Car. 2, of present c. 4, and which therefore will be inserted in their due course. Prayer Book. For, that it may be observed once for all, the regulations made by the several acts of uniformity for the establishing of the several respective liturgies, are all brought over and enforced by the last act of uniformity for the establishing of the present Book of Common Prayer, by this clause following, viz. 14 Car. 2, c. 4, s. 20, "The several good laws and statutes of 14 Car. 2, this realm which have been formerly made and are now in c. 4, s. 20. force for the uniformity of prayer and administration of the Act of Uni sacraments . . . . shall stand in full force and strength to all intents and purposes whatsoever, for the establishing and confirming of the said book . . . herein before mentioned to be joined and annexed to this act, and shall be applied, practised and put in ure for the punishing of all offences contrary to the said laws, with relation to the book aforesaid, and no other." Thus stood the liturgy until the fifth year of King Edward the formity of the Sixth. In which year there was appended to an act, enforcing the due attendance of persons at church, the following section: 5 & 6 Edw. 6. Liturgy under Queen Mary. 5 & 6 Edw. 6, c. 1, s. 4. "And because there hath risen in the use and exercise of common service in the Church heretofore set forth, divers doubts for the fashion and manner of the ministration of the same, rather by the curiosity of the ministers and mistakers, than of any other worthy cause: therefore, as well for the more plain and manifest explanation hereof, as for the more perfection of the said order of common service, in some places where it is necessary to make the same prayers and fashion of service more earnest and fit to stir Christian people to the true honouring of Almighty God, the king's most excellent Majesty, with the assent of the lords and commons in parliament assembled, and by the authority of the same, hath caused the aforesaid order of common service, intituled, The Book of Common Prayer, to be faithfully and godly perused, explained and made fully perfect, and by the aforesaid authority hath annexed and joined it so explained and perfected to this present statute, adding also a form and manner of making and consecrating of archbishops bishops priests and deacons, to be of like force authority and value, as the same like aforesaid book entitled the Book of Common Prayer was before, and to be accepted, received, used, and esteemed in like sort and manner; and with the same clauses of provisions and exceptions to all intents, constructions and purposes as by the act of the 2 & 3 Edw. 6, c. 1, was ordained and limited, expressed and appointed, for the uniformity of service and administration of the sacraments throughout the realm, upon such several pains as in the said act of parliament is expressed. And the said former act to stand in full force and strength to all intents and constructions, and to be applied, practised and put in ure, to and for the establishing of the Book of Common Prayer now explained and hereunto annexed, and also the said form of making archbishops, bishops, priests and deacons hereunto annexed, as it was for the former book." This liturgy was abolished by Queen Mary, who, having called in and destroyed the aforesaid erased books of King Henry the Eighth, required all parishes to furnish themselves with new complete books, and enacted that the service should stand as it was most commonly used in the last year of the reign of the said King Henry the Eighth (c). (c) Gibs. p. 259. Elizabeth's And for a month and more after Queen Mary's death, the Interval service continued as before, nothing being forbidden but the before Queen Elevation; but on the 27th day of December following, Queen Act of Elizabeth set forth a proclamation, to charge and command all Uniformity. manner of her subjects, as well those that be called to the ministry of the church, as all others, that they do forbear to preach or teach, or to give audience to any manner of doctrine or preaching, other than to the gospels and epistles, commonly called the gospel and epistle of the day, and to the Ten Commandments in the vulgar tongue, without exposition or addition of any manner of sense or meaning to be applied or added; or to use any other manner of public prayer, rite or ceremony in the church, but that which is already used, and by law received, or the common Litany used at this present in her majesty's own chapel, and the Lord's Prayer and the Creed in English; until consultation may be had by parliament, by her majesty and her three estates of this realm, for the better conciliation and accord of such causes, as at this present are moved in matters and ceremonies of religion (d). After which, in the first year of the same queen, a liturgy was established by act 1 Eliz. c. 2, in this wise:-After referring to the second Prayer Book of Edward VI. the act proceeds in sect. 4, "All and singular ministers in any cathedral or parish church, or other place, . . . shall . . . be bounden to say and use the mattens evensong celebration of the Lord's Supper, 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 so authorized by parliament in the" 5 & 6 Edw. 6," with one alteration or addition of certain lessons to be used on 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 other or otherwise." Then there was a proviso in sect. 25 as to the "ornaments of the church, and of the ministers thereof, which has been dealt with at length in sections 3 and 4 of this chapter (e). Also in sect. 26, there is this further proviso: "And also that if there shall happen any contempt or irreverence to be used in the ceremonies or rites of the church by the misusing of the orders appointed in this book, the queen's majesty may by the like advice of the said commissioners or metropolitan, ordain and publish such further ceremonies or rites as may be most for the advancement of God's glory, the edifying of His church, and the due reverence of Christ's holy mysteries and sacraments." The Form of the Litany altered and corrected.]-By the omission of the clause, "from the tyranny of the Bishop of Rome and all his detestable enormities:" which had been in the second and in the fifth of Edward the Sixth (ƒ). (f) Gibs. p. 268. (d) Gibs. pp. 267, 268. Act of Uniformity of 1 Eliz. c. 2. Canon 36. Canon 56. King James's additions. Two Sentences only added in the delivery of the Sacraments.]— Of the two forms now used at the delivery of the elements the first part of each (to the word "life" exclusive) was in the book of the second year of King Edward the Sixth, but not the second part: but in the book of the fifth year, was the second part without the first: and the alteration made by virtue of this act, was the inserting of both as they now stand (g). Order shall be taken by authority of the Queen's Majesty, with the advice of her Commissioners.]-Two years afterwards, by virtue of this clause, the queen issued her commission to the archbishop, and three others, to peruse the order of the lessons throughout the whole year, and to cause some new calendars to be imprinted; which were finished and sent to the several bishops to see them observed in their dioceses in the month of February, 1560 (h). Canon 36, of 1603, required the subscription of all ministers to an article expressive of assent to the Book of Common Prayer. This Canon and the amended Canon of 1865 have been already mentioned (i). And by Canon 56 of 1603," Every minister being possessed of a benefice that hath cure and charge of souls, although he chiefly attend to preaching, and hath a curate under him to execute the other duties which are to be performed for him in the church, and likewise every other stipendiary preacher that readeth any lecture, or catechizeth, or preacheth in any church or chapel, shall twice at the least every year read himself the divine service upon two several Sundays, publicly and at the usual times, both in the forenoon and afternoon, in the church which he so possesseth, or where he readeth, catechizeth, or preacheth, as is aforesaid, and shall likewise as often in every year administer the sacraments of baptism (if there be any to be baptized), and of the Lord's supper, in such manner and form, and with the observation of all such rites and ceremonies as are prescribed by the Book of Common Prayer in that behalf: which if he do not accordingly perform, then shall he that is possessed of a benefice (as before) be suspended; and he that is but a reader, preacher or catechizer, be removed from his place by the bishop of the diocese; until he or they shall submit themselves to perform all the said duties in such manner and sort as before is prescribed." After the passing of these canons, King James I., in the provisions and first year of his reign, on the assumption-which is very questionable in point of law-that he was empowered by the aforesaid proviso [or provisoes] in 1 Eliz. c. 2, upon the conference holden before the king himself at Hampton Court, gave directions to the archbishop, and other high commissioners, to review the Common Prayer Book; and they did make several (g) Gibs. p. 268. (i) Vide supra, pp. 103, 352. material alterations and enlargements of it, as in the office of private baptism, and in several rubrics and other passages, and added five or six new prayers and thanksgivings, and all that part of the catechism which contains the doctrine of the sacraments. And yet, it has been observed, the powers specified in that proviso [or those provisoes] seem not to extend to the queen's heirs and successors, but to be only lodged personally in the queen; yet the Book of Common Prayer so altered stood in force from the first year of King James, to the fourteenth of Charles the Second (k). And it is to be observed, Dr. Burn says, that the liturgy of 14 Car. 2, c. 4, is not the same with that which the aforesaid canons do refer to; so that so far forth the said canons as to this matter are not now in force (1). 14 Car. 2, c. 4, after reciting the establishment of the Elizabethan prayer book, the refusal of people to come to church, by the neglect of ministers in using the order of Common Prayer, the late troubles, and the great mischiefs and inconveniences which have arisen, proceeds as follows: "For the prevention whereof in time to come. . . . for settling the peace of the church, and for allaying the present distempers the king (according to his declaration of the five and twentieth of October, 1660), granted his commission under the great seal of England to several bishops and other divines, to review the Book of Common Prayer, and to prepare such alterations and additions as they thought fit to offer: And afterwards the Convocations of both the provinces of Canterbury and York being by his majesty called and assembled, and now sitting, his Majesty hath been pleased to authorize and require the presidents of the said Convocations, and other the bishops and clergy of the same, to review the said book of common prayer, and the book of the form and manner of the making and consecrating of bishops, priests and deacons; and that after mature consideration, they should make such additions and alterations in the said books respectively, as to them should seem meet and convenient, and should exhibit and present the same to his Majesty in writing, for his further allowance or confirmation since which time... they the said presidents, bishops and clergy of both provinces have accordingly reviewed the said books, and have made some alterations which they think fit to be inserted to the same, and some additional prayers to the said book of common prayer to be used upon proper and emergent occasions; and have exhibited and presented the same unto his Majesty in writing in one book, intitled, 'The Book of Common Prayer and administration of the Sacraments, and other rites (k) Wats. c. 31, p. 321. See also the last section (now repealed) of 14 Car. 2, c. 4, which seems to treat the prayer book of Elizabeth, and not that of James, as the legal standard till the new one came into force. (2) Sed vide supra, p. 719, the decision of the Privy Council in Hebbert v. Purchas, L. R., 3 P. C. p. 605. Act of Uni formity, 14 Car. 2, c. 4. |