Declaration

tution or

Collation.

28° & 29° VICTORIÆ, Cap. 122.

Clerical Subscription.

shall, before obtaining such Licence, present to the Archbishop or Bishop by whom the Licence is to be granted, the Stipendiary Curate's Declaration, signed by himself and by the Incumbent of the Benefice to which he is about to be licensed.

7. Every Person instituted or collated to any Benefice with Cure after Insti- of Souls, or licensed to a Perpetual Curacy, shall, on the first Lord's Day on which he officiates in the Church of such Benefice or Perpetual Curacy, or on such other Lord's Day as the Ordinary may appoint and allow, publicly and openly, in the Presence of the Congregation there assembled, read the Thirty-nine Articles of Religion, and immediately after reading the same make the said Declaration of Assent, adding, after the Words "Articles of Religion," in the said Declaration, the Words "which I have now read before you."

Declaration after Licence to

If any Person instituted, collated, or licensed as aforesaid wilfully fails to comply with the Provisions of this Section, he shall absolutely forfeit his Benefice or Perpetual Curacy, but no Title to present by Lapse shall accrue by any such Forfeiture until the Ordinary has given Six Months' Notice thereof to the Patron.

8. Every Person licensed to a Stipendiary Curacy shall, in the Presence of the Archbishop or Bishop by whom he was licensed, or Stipendiary of the Commissary of such Archbishop or Bishop, (unless, having Curacy. been ordained on the same Day, he has already made and subscribed the same,) make and subscribe the Declaration of Assent, and on the first Lord's Day on which he officiates in the Church or in One of the Churches in which he is licensed to serve publicly and openly make the Declaration of Assent in the Presence of the Congregation there assembled, and at the Time of Divine Service.

No other

or Oaths than those

If any Person licensed to a Stipendiary Curacy wilfully fails to comply with the Provisions of this Section his Licence shall be void. 9. Subject as herein-after mentioned, no Person shall, on or as Declaration a Consequence of Ordination, or on or as a Consequence of being licensed to any Stipendiary Curacy, or on or as a Consequence of required by being presented, instituted, collated, elected, or licensed to any Benefice with Cure of Souls, Perpetual Curacy, Lectureship, or Preachership, be required to make any Subscription or Declaration, or take any Oath, other than such Subscriptions, Declarations, and Oath as are required by this Act.

Act to be enforced.

ments.

Declaration IO. On all Occasions other than those herein-before provided for, of Assent on which any Declaration or Subscription with respect to the Thirtyto be substituted in nine Articles or the Book of Common Prayer or the Liturgy is recase of other Ecclesiastiquired to be made by any Person in Holy Orders appointed to any cal Appoint- Ecclesiastical Dignity, Benefice, or Office, the making and subscribing the Declaration of Assent shall be substituted for the making any such Declaration or Subscription as aforesaid; and on all Occasions other than those herein-before provided, on which any Oath against Simony is required to be taken, the making and subscribing the Declaration against Simony shall be substituted for the taking such Oath.

8

10

scribed before the respective Archbishop, Bishop or Ordinary of the Diocese, by every other person hereby enjoined to subscribe the same; upon pain that all and every of the persons aforesaid failing in such subscription, shall lose and forfeit such respective Deanry, Canonry, Prebend, Mastership, Headship, Fellowship, Professor's place, Reader's place, Parsonage, Vicarage, Ecclesiastical Dignity or Promotion, Curate's place, Lecture and School, and shall be utterly disabled, and ipso facto deprived of the same: and that every such respective Deanry, Canonry, Prebend, Mastership, Headship, Fellowship, Professor's place, Reader's place, Parsonage, Vicarage, Ecclesiastical Dig nity or Promotion, Curate's place, Lecture and School, shall be void, as if such person so failing were naturally dead.

And if any School-master, or other person, Instructing or Teaching Youth in any private House or Family as a Tutor or School-master, shall Instruct or Teach any Youth as a Tutor or School-master, before Licence obtained from his respective Archbishop, Bishop, or Ordinary of the Diocese, according to the Laws and Statutes of this Realin, (for which he shall pay twelvepence only) and before such subscription and acknowledgment made as aforesaid; Then every such

aforesaid, That in all places where the proper | Declaration or Acknowledgment shall be subIncumbent of any Parsonage or Vicarage, or Benefice with Cure, doth reside on his Living and keep a Curate, the Incumbent himself in person. (not having some lawful Impediment to be allowed by the Ordinary of the place) shall once (at the least) in every inonth, openly and publickly Read the Common Prayers and Service in and by the said Book prescribed, and (if there be occasion) Administer each of the Sacraments and other Rites of the Church, in the Parish-Church or Chapel, of or belonging to the same Parsonage, Vicarage or Benefice, in such order, manner and form, as in and by the said Book is appointed; upon pain to forfeit the sum of Five pounds to the use of the poor of the Parish for every offence, upon conviction by confession or proof of two credible Witnesses upon Oath before two Justices of the Peace of the County, City or Town-Corporate, where the offence shall be committed, (which Oath the said Justices are hereby Impowered to Administer) and in default of payment within ten days, to be levied by distress and sale of the goods and chattels of the Offender, by the Warrant of the said Justices, by the Churchwardens, or Overseers of the Poor of the said Parish, rendering the surplusage to the party. And be it further Enacted by the Authority aforesaid, That every Dean, Canon and Pre-School-master and other, Instructing and Teachbendary of every Cathedral or Collegiate Church, and all Masters and other Heads, Fellows, Chaplains and Tutors of or in any College, Hall, House of Learning or Hospital, and every Publick Professor and Reader in either of the Universities and in every College elsewhere, and every Parson, Vicar, Curate, Lecturer and every other person in holy Orders, and every School-master keeping any publick or private School, and every person Instructing or Teaching any Youth in any House or private Family as a Tutor or School-master, who upon the First day of May which shall be in the year of our Lord God One thousand six hundred sixty-two, or at any time thereafter, shall be Incumbent or have possession of any Deanry, Canonry, Prebend, Mastership, Headship, Fellowship, Professor's place or Reader's place, Parsonage, Vicarage or any other Ecclesiastical Dignity or Promotion, or of any Curate's place, Lecture or School, or shall instruct or teach any Youth as Tutor or School-master, shall before the Feastday of Saint Bartholomew which shall be in the year of our Lord One thousand six hundred sixty-two, or at or before his or their respective admission to be Incumbent or have possession aforesaid, subscribe the Declaration or Acknowledgment following, Scilicet:

ing as aforesaid, shall for the first offence suffer three months' Imprisonment without Bail or Mainprise; and for every second, and other such offence, shall suffer three months' Imprisonment without Bail or Mainprise, and also forfeit to His Majesty the sum of five pounds:

And after such subscription made, every such Parson, Vicar, Curate and Lecturer, shall procure a certificate under the Hand and Seal of the respective Archbishop, Bishop or Ordinary of the Diocese, (who are hereby enjoined and required upon demand to make and deliver the same) and shall publickly and openly Read the same, together with the Declaration or Acknowledgment aforesaid, upon some Lord's day within three months then next following, in his Parish-Church where he is to officiate, in the presence of the Congregation there assembled, in the time of Divine Service; upon pain that every person failing therein, shall lose such Parsonage, Vicarage or Benefice, Curate's place, or Lecturer's place respectively, and shall be utterly disabled, and ipso facto deprived of the same; And that the said Parsonage, Vicarage or Benefice, Curate's place, or Lecturer's place, shall be void as if he was naturally dead.

Provided always, that from and after the Twenty-fifth day of March which shall be in the year of our Lord God One thousand six hundred eighty-two, there shall be omitted in Declaration or Acknowledgment so to be Subscribed and Read these words following, Scilicet.

4. B. Do declare, that it is not lawful upon any pretence whatsoever, to take Arins against the King; and that I do abhor that Traiterous Position of taking Arins by His Authority against His Person or against those that are Commissionated by him; and that I will AND I do declare, that I do hold there lies no conforin to the Liturgy of the Church of Eng-A obligation on me, or on any other person, land, as it is now by Law established: And I do declare, that I do hold, there lies no obligation upon me or on any other person, from the Oath commonly called, the Solemn League and Covenant, to endeavour any change or alteration of Government either in Church or State; and that the same was in itself an unlawful Oath, and imposed upon the subjects of this Realm against the known Laws and Liberties of this Kingdom.

Which said Declaration and Acknowledgment shall be subscribed by every of the said Masters and other Heads, Fellows, Chaplains and Tutors of or in any College, Hall or House of Learning, and by every publick Professor and Reader in either of the Universities, before the Vice-chancellor of the respective Universities for the time being or his Deputy: And the said

from the Oath commonly called, the Solemn League and Covenant, to endeavour any change or alteration of Government either in Church or State, and that the same was in itself an unlawful Oath, and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom.

So as none of the persons aforesaid shall from thenceforth be at all obliged to Subscribe or Read that part of the said Declaration or Acknowledgment.

II

12

Provided always, and be it Enacted, That 13 from and after the feast of Saint Bartholomew, which shall be in the year of our Lord One thousand six hundred sixty and two, no person who is now Incumbent, and in possession of any Parsonage, Vicarage or Benefice, and who is not already in holy Orders by Episcopal Ordi.

Oaths not to be ad

28° & 29° VICTORIÆ, Cap. 122.

Clerical Subscription.

II. No Oath shall be administered during the Service for the ministered Ordering of Deacons, or during the Service for the Ordering of during Ordi- Priests, or during the Service for the Consecration of Archbishops

nation or

Consecra

tion Ser

vices.

and Bishops.

12. Nothing in this Act contained shall extend to or affect the Nothing to Oath of canonical Obedience to the Bishop, or the Oath of due affect Ŏath

of canonical Obedience to the Archbishop taken by Bishops on Consecration.

Obedience

to Bishops,
&c.

Extent of
Act.

Short Title.

As to Re

13. That this Act do extend to the Islands of Guernsey, Jersey, Alderney, and Sark, and to the Isle of Man.

14. This Act may be cited for all Purposes as "The Clerical Subscription Act, 1865."

15. The Enactments described in the Schedule hereto, and all peal of Acts Enactments amending, confirming, or continuing the same, and all in Schedule. other Enactments inconsistent with this Act, are hereby repealed.

Title of Act.

28 Hen. 8. c. 15. (Irish).

r Eliz. C. I.
An Act to restore to the
Crown the ancient Juris-
diction over the Estate
Ecclesiastical and Spiri-
tual, and abolishing all
foreign Powers repug-
nant to the same.

2 Eliz. c. 1. (Irish).
An Act restoring to the
Crown the ancient Juris-
diction over the Estate
Ecclesiastical and Spiri-
tual, and abolishing all
foreign Power repugnant
to the same.

13 Eliz. C. I2.

An Act for the Ministers of the Church to be of sound Religion.

SCHEDULE.

Description of repealed Enactments.

The whole of Sections Nine and Ten.

Sections* Nineteen, Twenty, Twenty-one, Twentytwo, and Twenty-three, so far as they relate to any Oath to be taken by a Person who is ordained or licensed to a Stipendiary Curacy, or presented, instituted, collated, elected, or licensed to any Benefice, Perpetual Curacy, Lectureship, or Preachership.

Sections Seven, Eight, and Nine, so far as they relate to any Oath to be taken by a Person who is ordained or licensed to a Stipendiary Curacy, or presented, instituted, collated, elected, or licensed to any Benefice, Perpetual Curacy, Lectureship, or Preachership.

The whole of Section Three, except the Words following; "No Person shall hereafter be admitted "to any Benefice with Cure, except he then be of "the Age of Three-and-twenty Years at the least, "and a Deacon."

And so much of Section Five as provides that no one shall be admitted to the Order of Deacon or Ministry unless he shall first subscribe to the said Articles.

The Numbers of the Sections correspond with the Numbers in the ordinary Editions of

the Statutes.

14

15

16

17

nation, or shall not before the said Feast-day of Saint Bartholomew be Ordained Priest or Deacon, according to the form of Episcopal Ordination, shall have, hold or enjoy the said Parsonage, Vicarage, Benefice with Cure, or other Ecclesiastical Promotion within this Kingdom of England or the Dominion of Wales, or Town of Berwick upon Tweed, but shall be utterly disabled, and ipso facto deprived of the same, and all his Ecclesiastical Promotions shall be void, as if he was naturally dead.

them, as are or shall be in holy Orders, shall once (at least) in every Quarter of the year (not having a lawful Impediment) openly and publickly Read the Morning Prayer and Service in and by the said Book appointed to be Read in the Church, Chapel, or other Publick place of the same College or Hall; upon pain to lose, and be suspended of and from all the Benefits and Profits belonging to the same Government or Headship, by the space of Six months, by the Visitor or Visitors of the same College or Hall; And if any Governour or Head of any College or Hall, Suspended for not Subscribing unto the said Articles and Book, or for not Reading of the Morning Prayer and Service as aforesaid, shall not at or before the end of Six months next after such suspension, Subscribe unto the said Articles and Book, and declare his consent thereunto as aforesaid, or Read the Morning Prayer and Service as aforesaid, then such Government or Headship shall be ipso

And be it further Enacted by the Authority aforesaid, That no person whatsoever shall thenceforth be capable to be admitted to any Parsonage, Vicarage, Benefice or other Ecclesiastical Promotion or Dignity whatsoever, nor shall presume to Consecrate and Administer the holy Sacrament of the Lord's Supper, before such time as he shall be Ordained Priest according to the form and manner in and by the said Book prescribed, unless he have formerly been made Priest by Episcopal Ordination; up-facto void. on pain to forfeit for every offence the sum of One hundred pounds; one moiety thereof to the King's Majesty; the other moiety thereof to be equally divided between the poor of the Parish where the offence shall be committed; and such person or persons as shall sue for the same by Action of Debt, Bill, Plaint or Information, in any of his Majesty's Courts of Record, wherein no Essoin, Protection or Wager of Law shall be allowed, and to be disabled from taking or being admitted into the Order of Priest, by the space of one whole year then next following.

Provided that the Penalties in this Act shall not extend to the Foreigners or Aliens of the Foreign Reformed Churches allowed or to be allowed by the King's Majesty, His Heirs and Successors in England.

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 after notice of such avoidance or deprivation given by the Ordinary to the Patron, or such sentence of deprivation openly and publickly read in the Parish-Church of the Benefice, Parsonage, or Vicarage becoming void, or whereof the Incumbent shall be deprived by virtue of this Act.

And be it further Enacted by the Authority aforesaid, That no Form or Order of Common Prayers, Administration of Sacraments, Rites or Čeremonies, shall be openly used in any Church, Chapel or other Publick place of or in any College or Hall in either of the Universities, the Colleges of Westminster, Winchester or Eaton, or any of them, other than what is prescribed and appointed to be used in and by the said Book; and That the present Governour or Head of every College and Hall in the said Universities, and of the said Colleges of Westminster, Winchester and Eaton, within one month after the Feast of Saint Bartholomew, which shall be in the year of our Lord One thousand six hundred sixty and two; And every Governour or Head of any of the said Colleges or Halls hereafter to be elected or appointed, within one month next after his Election or Collation, and Admission into the same Government or Headship, shall openly and publickly in the Church, Chapel, or other Publick place of the same College or Hall, and in the presence of the Fellows and Scholars of the same, or the greater part of them then resident, Subscribe unto the Nine and Thirty Articles of Religion, mentioned in the Statute made in the thirteenth year of the Reign of the late Queen Elizabeth, and unto the said Book, and declare his unfeigned assent and consent unto, and approbation of, the said Articles, and of the same Book, and to the use of all the Prayers, Rites and Ceremonies, Forms and Orders in the said Book prescribed and contained, according to the form aforesaid; and that all such Governours or Heads of the said Colleges and Halls, or any of

Provided always, That it shall and may be 18 lawful to use the Morning and Evening Prayer, and all other Prayers and Service prescribed in and by the said Book, in the Chapels or other Publick places of the respective Colleges and Halls in both the Universities, in the Colleges of Westminster, Winchester and Eaton, and in the Convocations of the Clergies of either Province in Latin; Any thing in this Act contained to the contrary notwithstanding.

And be it further Enacted by the Authority 19 aforesaid, That no person shall be or be received as a Lecturer, or permitted, suffered or allowed to preach as a Lecturer, or to Preach or Read any Sermon or Lecture in any Church, Chapel, or other Place of Publick Worship, within this Realm of England or the Dominion of Wales, and Town of Berwick upon Tweed, unless he be first approved, and thereunto licensed by the Archbishop of the Province or Bishop of the Diocese, or (in case the See be void) by the Guardian of the Spiritualities, under his Seal, and shall in the presence of the same Archbishop or Bishop, or Guardian, read the Nine and Thirty Articles of Religion mentioned in the Statute of the Thirteenth year of the late Queen Elizabeth, with Declaration of his unfeigned assent to the same; and That every person and persons who now is, or hereafter shall be Licensed, Assigned, Appointed, or Received as a Lecturer, to preach upon any day of the week in any Church, Chapel or Place of Publick Worship within this Realm of England or Places aforesaid, the first time he preacheth (before his Sermon) shall openly, publickly and solemnly Read the Common Prayers and Service in and by the said Book appointed to be read for that time of the day, and then and there publickly and openly declare his assent unto, and approbation of, the said Book, and to the use of all the Prayers, Rites and Ceremonies, Forms and Orders therein contained and prescribed, according to the Form before appointed in this Act; And also shall upon the first Lecture-day of every Month afterwards, so long as he continues Lecturer or Preacher there, at the place appointed for his said Lecture or Sermon, before his said Lecture or Sermon, openly, publickly and solemnly read the Common Prayers and Service in and by the said Book appointed to be read for that time of the day at which the said Lecture or Sermon is to be Preached, and after such Reading thereof shall openly and publickly, before the Congregation there assembled, declare his unfeigned assent and consent unto, and approbation of, the said Book, and to the use of all the Prayers, Rites and Ceremonies, Forms and Orders therein contained and prescribed, according to the form aforesaid; and That all and every such person and persons who shall neglect or refuse to do the same, shall from thenceforth be disabled to Preach the said or any other Lecture or Sermon in the said or

28° & 29° VICTORIÆ, Cap. 122.