The name &c. of the person or III. Provided always, and be it further enacted, that in the letters and country, testimonial of such orders, there shall be inserted the name of the person so ordained, with the addition of the country whereof he is a subject or citizen, and the further description of his not having taken the said oath of allegiance, being exempted from the obligation of so doing by virtue of this act. dained to be inserted in the letters testimonial. No person ordained a priest or deacon, or being a mi nister of the church of Scotland, pable of be commons. of such per any person tion shall be shall vacate his seat. 41 GEORGE 3, ČAP. 63.—An act to remove doubts respecting the eligibility of persons in holy orders to sit in the house of commons.— Whereas it is expedient to remove doubts which have arisen respecting the eligibility of persons in holy orders to sit in the house of commons, and also to make effectual provision for excluding them from sitting therein; be it therefore declared and enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parlia shall be ca- ment assembled, and by the authority of the same, that no person ing elected a having been ordained to the office of priest or deacon, or being a member of minister of the church of Scotland, is or shall be capable of being the house of elected to serve in parliament as a member of the house of commons. The election II. And be it further declared and enacted, that if any person, son shall be having been ordained to the office of priest or deacon, or being a void; and if minister of the church of Scotland, shall hereafter be elected to serve after his elec in parliament as aforesaid, such election and return shall be void; ordained a and that if any person, being elected to serve in parliament as a priest, &c. he member of the house of commons, shall, after his election, be ordained to the office of priest or deacon, or become a minister of the church of Scotland, then and in such case the seat of such person shall immediately become void; and if any such person shall, in any of the aforesaid cases, presume to sit or vote as a member of the house of commons, he shall forfeit the sum of five hundred pounds for every day in which he shall sit or vote in the said house, to any person or persons who shall sue for the same in any of his majesty's courts at Westminster; and the money so forfeited shall be recovered by the person or persons so suing, with full costs of suit, in any of the said courts, by any action of debt, bill, plaint, or information, in which no essoin, privilege, protection, or wager of law, or more than one imparlance, shall be allowed; and every person against whom any such penalty or forfeiture shall be recovered by virtue of this act, shall be from thenceforth incapable of taking, holding, or enjoying any benefice, living, or promotion ecclesiastical, and of taking, holding, or enjoying any office of honor or profit under his majesty, his heirs or successors: provided always, that nothing in this act contained shall extend, or be construed to not be void. extend, to make void any election of a person to serve as a member of the house of commons, which election shall have taken place before the passing of this act. Penalty for sitting or voting in either case. Elections before the passing of this act shall Limitation of actions. What proof shall be III. Provided also, and be it enacted, that no person shall be liable to any forfeiture or penalty inflicted by this act, unless a prosecution shall be commenced within twelve calendar months after such penalty or forfeiture shall be incurred. IV. And be it further enacted, that proof of the celebration of prima facia divine service, according to the rites of the church of England, or of the church of Scotland, in any church or chapel consecrated or set sufficient. apart for public worship, shall be deemed and taken to be primâ facie evidence of the fact of such person having been ordained to the office of a priest or deacon, or of his being a minister of the church of Scotland, within the intent and meaning of this act. 44 GEORGE 3, CAP. 43.-An act to enforce the due observance of the canons and rubric respecting the ages of persons to be admitted into the sacred orders of deacon and priest.-Whereas by the canons of the churches heretofore of England and Ireland, now the united church of England and Ireland, it is ordained, ordered, and directed, that no bishop shall admit any person into the sacred order of a deacon who is not twenty-three years old, nor to be a priest except he be twentyfour years complete: and whereas by the prefaces to the forms of ordination of priests and deacons, established and used by authority of several acts of the parliaments of England and Ireland respectively, it is directed that none shall be admitted deacon except he be twenty-three years of age, unless he have a faculty, and that every man which is to be admitted a priest shall be full twenty-four years old and whereas, in that part of the united kingdom called Ireland, the aforesaid rule respecting the ages of persons desiring to be admitted into holy orders has been sometimes disregarded and rendered of no effect, to the great scandal and detriment of the church, and to the prejudice of religion: for the better prevention whereof for the future, and also in order that one certain and undoubted rule and course of practice may hereafter prevail and be observed in this respect in England and Ireland, be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from None shall and after the passing of this act, no person shall be admitted a deacon bedeacon before he shall have attained the age of three and twenty fore 23, nor years complete, and that no person shall be admitted a priest before priest before he shall have attained the age of four and twenty years complete: pable of and in case any person shall, from and after the passing of this act, benefice; but be admitted a deacon before he shall have attained the age of three title by lapse and twenty years complete, or be admitted a priest before he shall accrue withhave attained the age of four and twenty years complete, that then out notice. and in every such case the admission of every such person as deacon or priest respectively, shall be merely void in law as if such admission had not been made, and the person so admitted shall be wholly incapable of having, holding, or enjoying, or being admitted to any parsonage, vicarage, benefice, or other ecclesiastical promotion or dignity whatsoever, in virtue of such his admission as deacon or priest respectively, or of any qualification derived or supposed to be derived therefrom: provided always, that no title to confer or present by lapse shall accrue by any avoidance or deprivation, ipso facto, by virtue of this statute, but after six months' notice of such avoidance or deprivation given by the ordinary to the patron. be admitted 24; nor ca holding a shall not right of II. And be it further enacted, that nothing herein contained shall Saving of extend, or be construed to extend, to take away any right of granting granting faculties heretofore lawfully exercised, and which now be lawfully faculties. exercised by the archbishop of Canterbury or the archbishop of Armagh. HOLY ORDERS FOR THE COLONIES. 59 GEORGE 3, CAP. 60.—An act to permit the archbishops of Canterbury and York, and the bishop of London, for the time being, to admit persons into holy orders specially for the colonies.-Whereas it is expedient that the archbishops and bishops of this realm should from time to time admit into holy orders persons specially destined for the cure of souls in his majesty's foreign possessions, although such persons may not be provided with the title required by the canon of the church of England, of such as are to be made ministers: and whereas it will greatly tend to the advancement of religion within the same, that due provision shall be regularly made for a supply of persons properly qualified to serve as parsons, vicars, curates or chaplains; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after Archbishop the passing of this act it shall be lawful for the archbishop of Can- of Canterterbury, the archbishop of York or the bishop of London, for the or bishop of time being, or any bishop specially authorized and empowered by may ordain any or either of them, to admit into the holy orders of deacon or specially for priest any person whom he shall upon examination deem duly qualified specially for the purpose of taking upon himself the cure of souls, or officiating in any spiritual capacity in his majesty's colonies. or foreign possessions and residing therein, and that a declaration of such purpose and a written engagement to perform the same under the hand of such person, being deposited in the hands of such archbishop or bishop, shall be held to be a sufficient title with a view to such ordination; and that in every such case it shall be distinctly Fact stated stated in the letters of ordination of every person so admitted to ordination. holy orders, that he has been ordained for the cure of souls in his majesty's foreign possessions. bury or York, London, &c. the colonies. in letters of ordained or Ireland of diocese, II. Provided always, and be it further enacted by the authority No person so aforesaid, that no person so admitted into the holy orders of deacon capable of or priest, for the purpose of taking upon himself the cure of souls, holding a or officiating in any spiritual capacity in his majesty's foreign pos- Great Britain sessions, shall be capable of having, holding or enjoying, or of being without conadmitted to any parsonage, vicarage, benefice or other ecclesiastical sentof bishop promotion or dignity whatsoever, within the united kingdom of Great under seal, Britain and Ireland, or of acting as curate therein, without the pre- &c. vious consent and approbation in writing of the bishop of the diocese, under his hand and seal, in which any such parsonage, vicarage, benefice or other ecclesiastical promotion or dignity shall be locally situated, nor without the like consent and approbation of such one of the said archbishops, or bishop of London, by whom, or by whose authority such person shall have been originally ordained, or in case of the demise or translation of such archbishop or bishop, of his successor in the same sce: provided always, that no such consent good behaviour first produced. Certificate of and approbation shall be given by any such archbishop, or bishop of London, unless the party applying for the same shall first produce a testimony of his good behaviour during the time of his residence abroad, from the bishop in whose diocese he may have officiated, or in case there be no bishop, from the governor in council of the colony in which he may have been resident, or from his majesty's principal secretary of state for the colonial department. Persons ordained by bishops of Scotia or Cal restrained in like manner. III. And be it further enacted, that from and after the passing of this act no person who shall have been admitted into holy orders Quebec, Nova by the bishops of Quebec, Nova Scotia or Calcutta, or by any other cutta, &c. bishop or archbishop than those of England or Ireland, shall be capable of officiating in any church or chapel of England or Ireland without special permission from the archbishop of the province in which he proposes to officiate, or of having, holding or enjoying, or of being admitted to any parsonage or other ecclesiastical preferment in England or Ireland, or of acting as curate therein, without the consent and approbation of the archbishop of the province, and also of the bishop of the diocese in which any such parsonage or ecclesiastical preferment or curacy may be situated. Persons colonial bi capable of holding pre ferment, &c. IV. Provided always, that no person who after the passing of ordained by a this act shall have been ordained a deacon or priest by a colonial shop, &c. not bishop, who at the time of such ordination did not actually possess an episcopal jurisdiction over some diocese, district or place, or was not actually residing within such division, district or place, shall be capable in any way, or on any pretence whatever, of at any time holding any parsonage or other ecclesiastical preferment within his majesty's dominions, or of being a stipendiary curate or chaplain, or of officiating at any place, or in any manner, as a minister of the established church of England and Ireland. Admissions, &c. to cura cies.contrary hereto, void. Proviso. Proviso for 26 G. 3. c. 81. V. And be it further enacted, that all admissions, institutions and inductions to benefices in the church of England, or church of Ireland, and all appointments to act as curates therein, which shall be made contrary to the provisions of this act, shall be to all intents and purposes null and void: provided always that nothing herein shall be construed to make void any admission, institution or induction to any benefice, or any appointment as curate, which shall have been made previous to the passing of this act. VI. Provided always, that nothing in this act contained shall be construed to affect or to repeal any of the provisions of an act passed in the twenty-sixth year of the reign of his present majesty, intituled an act to empower the archbishop of Canterbury, or the archbishop of York for the time being, to consecrate to the office of a bishop, persons being subjects or citizens of countries out of his majesty's dominions. SPACE LEFT, FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844. |