159. Act for the Dissolution of Chantries

THE king's most loving subjects, the Lords spiritual and temporal, and the Commons, in this present Parliament assembled, considering that a great part of superstition and errors in Christian religion has been brought into the minds and estimations of men, by reason of the ignorance of their very true and perfect salvation through the death of Jesus Christ, and by devising and phantasying vain opinions of purgatory and masses satisfactory to be done for them which be departed, the which doctrine and vain opinion by nothing more is maintained and upholden, than by the abuse of trentals, chantries, and other provisions made for the continuance of the said blindness and ignorance; and further considering and understanding, that the alteration, change, and amendment of the same, and converting to good and godly uses, as in erecting of grammar schools to the education of youth in virtue and godliness, the further augmenting of the universities, and better provision for the poor and needy, cannot, in this present Parliament, be provided and conveniently done, nor cannot nor ought to have any other manner person to be committed, than to the king's highness, whose majesty, with and by the advice of his highness's most prudent council, can and will most wisely and beneficially, both for the honour of God and the weal of this his majesty's realm, order, alter, convert, and dispose the same;

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IX. And furthermore be it ordained and enacted by the authority aforesaid, that the king our sovereign lord shall, from the said feast of Easter next coming, have and enjoy to him, his heirs and successors for ever, all fraternities, brotherhoods, and guilds, being within the realm of England and Wales, and other the king's dominions; and all manors, lands, tenements, and other hereditaments belonging to them or any of them — other than such corporations, guilds, fraternities, companies, and fellowships of mysteries or crafts, and the manors, lands, tenements, and other hereditaments pertaining to the said corporations, guilds, fraternities, companies, and fellowships of mysteries or crafts above mentioned — and shall by virtue of this Act be judged and deemed in the actual and real possession of our said sovereign lord the king, his heirs and successors, from the said feast of Easter next coming, for ever, without any inquisition or office thereof to be had or found.

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XI. And also that the same commissioners, or two of them at the least, by virtue of this Act and of the commission to them directed, shall have full power and authority to assign, and shall appoint (in every such place where guild, fraternity [or] the priest or incumbent of any chantry in esse, the first day of this present Parliament, by the foundation ordinance or the first institution thereof should or ought to have kept a grammar school or a preacher, and so has done since the feast of St. Michael the Archangel last past) lands, tenements, and other hereditaments of every such chantry, guild, and fraternity to remain and continue in succession to a schoolmaster or preacher for ever, for and toward the keeping of a grammar school or preaching, and for such godly intents and purposes, and in such manner and form, as the same commissioners, or two of them at the least, shall assign or appoint.

And also to make and ordain a vicar to have perpetuity for ever in every parish church, the first day of this present Parliament, being a college, free chapel, or chantry, or appropriated, annexed, or united to any college, free chapel, or chantry, that shall come to the king's hands by virtue of this Act, and to endow every such vicar sufficiently, having respect to his cure and charge; the same endowment to be to every such vicar, and to his successors for ever, without any other licence or grant of the king, the bishop, or other officers of the diocese.

And also the said commissioners, or two of them at the least, shall have authority by force of this Act, to assign in every great town or parish, where they shall think necessary to have more priests than one, for the ministering of the sacraments within the same town or parish, lands and tenements belonging to any chantry, chapel, or stipendiary priests, being within the same town or parish the first day of this present Parliament, to be to such person and persons as the said commissioners, or two of them at the least, shall assign or appoint to continue in succession for ever, for and towards the sufficient finding and maintenance of one or more priests within the same town or parish, as by the said commissioners, or two of them, shall be thought necessary or convenient; and as well to make ordinances and rules concerning the service, use, and demeanour of every such priest and schoolmaster, as is aforesaid, to be appointed, as also by what name or names he and they shall from henceforth be named and called.

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XIX. Provided always, and be it ordained and enacted by the authority aforesaid, that this Act, or any article, clause, or matter contained in the same, shall not in any wise extend to any college, hostel, or hall being within either of the Universities of Cambridge and Oxford; nor to any chantry founded in any of the colleges, hostels, or halls being in the same Universities; nor to the free chapel of St. George the Martyr, situate in the castle of Windsor; nor to the college called St. Mary's College of Winchester beside Winchester, of the foundation of Bishop Wykeham; nor to the college of Eton; nor to the parish church commonly called the Chapel in the Sea in Newton, within the isle of Ely, in the county of Cambridge; nor to any manors, lands, tenements, or hereditaments to them or any of them pertaining or belonging; nor to any chapel made or ordained for the ease of the people dwelling distant from the parish church, or such like chapel whereunto no more lands or tenements than the churchyard or a little house or close does belong or pertain; nor to any cathedral church or college where a bishop's see is, within this realm of England or in Wales, nor to the manors, lands, tenements, or other hereditaments of any of them, other than to such chantries, obits, lights, and lamps, or any of them, as at any time within five years next before the beginning of this present Parliament have been had, used, or maintained within the said cathedral churches, or within any of them, or of the issues, revenues, or profits of any of the said cathedral churches, to which chantries, obits, lights, and lamps it is enacted by the authority aforesaid that this Act shall extend.

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XXXIV. Provided also, and be it enacted by the authority aforesaid, that this present Act, nor anything therein contained, shall in any wise extend or be prejudicial or hurtful to the general corporation of any city, borough, or town within this realm, or any other the king's dominions, nor shall extend to any the lands or hereditaments of them or any of them; anything herein contained to the contrary in any wise notwithstanding.

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160. First Act of Uniformity of Edward VI

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 than of late years they have been used, were pleased therewith, so others, 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, add 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 same 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 this 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 hook, 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 than 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 imprisonment 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 spiritual 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.

II. 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 sacrament otherwise or in any other manner or form than 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.

III. And it is ordained and enacted by the authority aforesaid, that all and every justices of oyer and terminer, or justices 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.

IV. 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.

V. 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;

VI. 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, in Greek, Latin, or Hebrew; anything in this present Act to the contrary notwithstanding.

VII. 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.

VIII. 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 parish and cathedral churches, or other places where the 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 service, and put the same in use according to this Act.

IX. 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 of the justices of oyer and terminer or justices of assize, next after any offence committed or done contrary to the tenor of this Act.

X. 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.

XI. 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 feasts of Easter and St. Michael the Archangel, in like manner and form as justices of assize and oyer and terminer may do.

XII. 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 this 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.

XIII. 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.

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161. First Mention of Lords Lieutenant

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XIII. PROVIDED always and it is enacted by the authority abovesaid, that if the king shall by his letters patents make any lieutenant in any county or counties of this realm, for the suppressing of any commotion, rebellion or unlawful assembly, that then as well all justices of peace of every such county and the sheriffs and sheriff of the same, as all mayors, bailiffs and other head officers and all inhabitants and subjects of any county, city, borough or town corporate within every such county, shall upon the declaration of the said letters patents and request made be bound to give attendance upon the same lieutenant to suppress any commotion, rebellion or unlawful assembly, unless he or they being so required have any reasonable excuse for his not attendance, upon pain of imprisonment for one whole year.

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162. Second Act of Uniformity of Edward VI

WHERE there has been a very godly order set forth by the authority of Parliament, for common prayer and administration of the sacraments to be used in the mother tongue within the Church of England, agreeable to the word of God and the primitive Church, very comfortable to all good people desiring to live in Christian conversation, and most profitable to the estate of this realm, upon the which the mercy, favour, and blessing of Almighty God is in no wise so readily and plenteously poured as by common prayers, due using of the sacraments, and often preaching of [the] gospel, with the devotion of the hearers;

And yet this notwithstanding, a great number of people in divers parts of this realm, following their own sensuality, and living either without knowledge or due fear of God, do wilfully and damnably before Almighty God abstain and refuse to come to their parish churches and other places where common prayer, administration of the sacraments, and preaching of the word of God, is used upon the Sundays, and other days ordained to be holy days.

II. For reformation hereof, be it enacted by the king our sovereign lord, with the assent of the Lords and Commons in this present Parliament assembled, and by the authority of the same, that from and after the feast of All Saints next coming, all and every person and persons inhabiting within this realm, or any other the king's majesty's dominions, shall diligently and faithfully (having no lawful or reasonable excuse to be absent) endeavour themselves to resort to their parish church or chapel accustomed, or upon reasonable let thereof, to some usual place where 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 holy days, and then and there to abide orderly and soberly during the time of the common prayer, preachings, or other service of God there to be used and ministered, upon pain of punishment by the censures of the Church.

III. And for the due execution hereof, the king's most excellent majesty, the Lords temporal, and all the Commons in this present [Parliament] assembled, do in God's name earnestly require and charge all the archbishops, bishops, and other ordinaries, that they shall endeavour themselves to the uttermost of their knowledge, that the due and true execution thereof may be had throughout their dioceses and charges, as they will answer before God for such evils and plagues wherewith Almighty God may justly punish His people for neglecting this good and wholesome law.

IV. And for their authority in this behalf, be it further likewise enacted by the authority aforesaid, that all and singular the same archbishops, bishops, and all other their officers exercising ecclesiastical jurisdiction, as well in place exempt as not exempt, within their dioceses, shall have full power and authority by this Act to reform, correct, and punish by censures of the Church, all and singular persons which shall offend, within any their jurisdictions or dioceses, after the said feast of All Saints next coming, against this Act and statute; any other law, statute, privilege, liberty, or provision heretofore made, had, or suffered to the contrary notwithstanding.

V. And because there has arisen in the use and exercise of the aforesaid common service in the church, heretofore set forth, divers doubts for the fashion and manner of the ministration of same, rather by the curiosity of the minister, 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 this present Parliament assembled, and by the authority of the same, has caused the aforesaid order of common service, entitled, The Book of Common Prayer, to be faithfully and godly perused, explained, and made fully perfect, and by the aforesaid. authority has annexed and joined it, so explained and perfected, to this present statute; adding also a form and manner of making and consecrating 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 Parliament made in the second year of the king's majesty's reign 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 use, to and for the establishing of the Book of Common Prayer, now explained and hereunto annexed, and also the said form of making of archbishops, bishops, priests, and deacons hereunto annexed, as it was for the former book.

VI. And by the authority aforesaid it is now further enacted, that if any manner of person or persons inhabiting and being within this realm, or any other the king's majesty's dominions, shall after the said feast of All Saints willingly and wittingly hear and be present at any other manner or form of common prayer, of administration of the sacraments. of making of ministers in the churches, or of any other rites contained in the book annexed to this Act, than is mentioned and set forth in the said book, or that is contrary to the form of sundry provisions and exceptions contained in the aforesaid former statute, and shall be thereof convicted according to the laws of this realm, before the justices of assize, justices of oyer and terminer, justices of peace in their sessions, or any of them, by the verdict of twelve men, or by his or their own confession or otherwise, shall for the first offence suffer imprisonment for six months, without bail or mainprize, and for the second offence, being likewise convicted as is abovesaid, imprisonment for one whole year; and for the third offence in like manner, imprisonment during his or their lives.

And for the more knowledge to be given hereof, and better observation of this law, be it enacted by the authority aforesaid, that all and singular curates shall, upon one Sunday every quarter of the year during one whole year next following the aforesaid feast of All Saints next coming, read this present Act in the church at the time of the most assembly, and likewise once in every year following; at the same time declaring unto the people, by the authority of the Scripture, how the mercy and goodness of God has in all ages been showed to His people in their necessities and extremities, by means of hearty and faithful prayers made to Almighty God, especially where people be gathered together with one faith and mind, to offer up their hearts by prayer, as the best sacrifices that Christian men can yield.

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