The Decla ration against Simony. 28° & 29° VICTORIÆ, Cap. 122. Clerical Subscription. 'and Ireland, as therein set forth, to be agreeable to the Word of 'God; and in Public Prayer and Administration of the Sacraments 'I will use the Form in the said Book prescribed, and none other, 'except so far as shall be ordered by lawful Authority *.' 2. The following Declaration is herein-after referred to as the Declaration against Simony:" I A. B. solemnly declare, That I have not made, by myself or by any other Person on my Behalf, any Payment, Contract, or 'Promise of any Kind whatsoever which to the best of my Knowledge 'or Belief is simoniacal, touching or concerning the obtaining the 'Preferment of 'nor will I at any Time hereafter perform or satisfy, in whole or in 'part, any such Kind of Payment, Contract, or Promise made by 'any other without my Knowledge or Consent.' Stipendiary 3. The following Declaration is herein-after referred to as "the Declaration. Stipendiary Curate's Declaration:" Curate's Subscrip tion and Oaths on Ordination I A. B., Incumbent of County of 'bonâ fide undertake to pay to C. D. of 'of in the in the the annual Sum Pounds as a Stipend for his 'Services as Curate, and I C. D. bonâ fide intend to receive the whole of the said Stipend. 'And each of us the said A. B. and C. D. declare that no Abate'ment is to be made out of the said Stipend in respect of Rent or 'Consideration for the Use of the Glebe House; and that I A. B. 'undertake to pay the same, and I C. D. intend to receive the same, 'without any Deduction or Abatement whatsoever.' 4. Every Person about to be ordained Priest or Deacon shall, before Ordination, in the Presence of the Archbishop or Bishop by whom he is about to be ordained, at such Time as he may appoint, make and subscribe the Declaration of Assent, and take and subscribe the Oath of Allegiance and Supremacy according to the Form set forth in the Act of the Session of the Twenty-first and Twentyamended by second Years of the Reign of Her present Majesty, Chapter Forty31 & 32 Vic. 5. Every Person about to be instituted or collated to any Benefice, or to be licensed to any Perpetual Curacy, Lectureship, or Preachership, shall, before Institution or Collation is made or Licence or Licence granted, make and subscribe the Declaration of Assent, and the Oaths on Institution to Benefice to a Per petual Declaration against Simony, and take the said Oath of Allegiance Curacy, &c. and Supremacy, in the Presence of the Archbishop or Bishop by whom he is to be instituted, collated, or licensed, or the Commissary of such Archbishop or Bishop. Declaration on taking Stipendiary Curacy. 6. Every Person about to be licensed to a Stipendiary Curacy * For a comment on the words, 'none other,' and 'lawful authority,' see PP. 353-7. 2 meet and convenient; And should exhibit and present the same to His Majesty in writing for his further allowance or confirmation: since which time, upon full and mature deliberation, 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, Entituled, The Book of Common Prayer and Administration of the Sacraments, and other Rites and Ceremonies of the Church, according to the use of the Church of England, together with the Psalter or Psalms of David, pointed as they are to be sung or said in Churches; and the Form and Manner of Making, Ordaining and Consecrating of Bishops, Priests, and Deacons: All which His Majesty having duly considered hath fully approved and allowed the same, and recommended to this present Parliament, that the said Books of Com. mon Prayer, and of the Form of Ordination and Consecration of Bishops, Priests and Deacons, with the Alterations and Additions, which have been so made and presented to His Majesty by the said Convocations, be the Book which shall be appointed to be used by all that officiate in all Cathedral and Collegiate Churches and Chapels, and in all Chapels of Colleges and Halls in both the Universities, and the Colleges of Eaton and Winchester, and in all Parish-Churches and Chapels within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, and by all that Make or Consecrate Bishops, Priests or Deacons, in any of the said Places, under such Sanctions and Penalties as the Houses of Parliament shall think fit. Now in regard that nothing conduceth more to the settling of the Peace of this Nation, (which is desired of all good men) nor to the honour of our Religion, and the propagation thereof, than an universal agreement in the Publick Worship of Almighty God; and to the intent that every person within this Realin may certainly know the rule to which he is to conform in Publick Worship, and Administration of Sacraments, and other Rites and Ceremonies of the Church of England, and the manner how and by whom Bishops, Priests and Deacons are and ought to be Made, Ordained and Consecrated And to the end that Uniformity in the Publick Worship of God, (which is so much desired) may be speedily effected, Be it further Enacted by the Authority aforesaid, That every Parson, Vicar or other Minister whatsoever, who now hath and enjoyeth any Ecclesiastical Benefice or Promotion within this Realin of England or places aforesaid, shall in the Church, Chapel or place of Publick Worship belonging to his said Benefice or Promotion, upon some Lord's day before the Feast of Saint Bartholomew which shall be in the year of our Lord God One thousand six hundred sixty and two, openly, publickly and solemnly read the Morning and Evening Prayer appointed to be read by and according to the said Book of Common Prayer at the times thereby appointed; and after such reading thereof, shall openly and publickly before the Congregation there assembled declare his unfeigned assent and consent to the use of all things in the said Book contained and prescribed, in these words and no other: 4. B. Do hereby declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book, Entituled, The Book of Common Prayer and Administration of the Sacraments, and other Rites and Ceremonies of the Church, according to the use of the Church of England; together with the Psalter or Psalms of David, pointed as they are to be sung or said in Churches; and the form or manner of Making, Ordaining and Consecrating of Bishops, Priests and Deacons. And That all and every such person, who shall (without some lawtul Impediment to be allowed and approved of by the Ordinary of the place) neglect or refuse to do the same within the tine aforesaid, (or in case of such Impediment within one Month after such Impediment removed,) shall ipso facto be deprived of all his Spiritual Promotions: And that from thenceforth it shall be lawful to and for all Patrons and Donors of all and singular the said Spiritual Promotions or of any of them, according to their respective Rights and Titles, to present or collate to the same, as though the person or persons so offending or neglecting were dead. And be it further Enacted by the Authority aforesaid, That every person who shall hereafter be presented or collated, or put into any Ecclesiastical Benefice or Promotion within this Realm of England and places aforesaid, shall in the Church, Chapel or place of Publick Worship belonging to his said Benefice or Promotion, within two Months next after that he shall be in the actual possession of the said Ecclesiastical Benefice or Promotion, upon some Lord's day, openly, publickly and solemnly, Read the Morning and Evening Prayers appointed to be Read by and according to the said Book of Common Prayer at the times thereby appointed; and after such Reading thereof shall openly and publickly, before the Congregation there assembled, déclare his unfeigned assent and consent to the use of all things therein contained and prescribed according to the form before appointed; and That all and every such person, who shall (without some lawful Impediinent to be allowed and approved by the Ordinary of the place) neglect or refuse to do the same within the time aforesaid, (or in case of such Impediment within one Month after such Impediment removed shall ipso facto be depriv Be it Enacted by the King's most Excellent Majesty, by the advice and with the consent of the Lords Spiritual and Temporal, and of the Commons, in this present Parliament assembled, and by the Authority of the same, That all and singular Ministers in any Cathedral, Collegiate or Parish-Church or Chapel, or other place of Publick Worship within this Realm of England, Dominion of Wales, and Town of Berwick upon Tweed, shall be bound to say and use the Morning Prayer, Evening Prayer, Celebration and Administration of both the Sacraments, and all other the Publick and Common Prayer, in such Order and Form as is mentioned in the said Book annexed and joined to this present Act, and Entituled, The Book of Common Prayer and Administration of the Sacraments, and other Rites and Ceremonies of the Church, according to the use of the Church of England; together with the Psalter or Psalms of David, pointed as they are to be sung or said in Churches; and the form or manner of Mak-ed of all his said Ecclesiastical Benefices and ing, Ordaining and Consecrating of Bishops, Priests and Deacons: and That the Morning and Evening Prayers therein contained shall upon every Lord's day, and upon all other days and occasions and at the times therein appointed, be openly and solemnly read by all and every Minister or Curate, in every Church, Chapel or other place of Publick Worship, within this Realm of England and places aforesaid. Promotions: and That from thenceforth it shall and may be lawful to and for all Patrons and Donors of all and singular the said Ecclesiastical Benefices and Promotions or any of them, according to their respective Rights and Titles, to present or collate to the same, as though the person or persons so offending or neglecting were dead. And be it further Enacted by the Authority 3 4 5 6 7 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." 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. Declaration 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 Declaration 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 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. Declaration of Assent to be sub 10. On all Occasions other than those herein-before provided for, on which any Declaration or Subscription with respect to the Thirtystituted in nine Articles or the Book of Common Prayer or the Liturgy is recase of other quired to be made by any Person in Holy Orders appointed to any Ecclesiastical 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 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 Dignity or Promotion, Curate's place, Lecture and School, shall be void, as if such person so failing were naturally dead. 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 Prebendary 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: 9 4. B. Do declare that it is not lawful upon A. B. Do declare, that it is not lawful upon gainst the King; and that I do abhor that Traiterous Position of taking Arins by His Authority against His Person or against those that conform to the Liturgy of the Church of England, 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. are Commissionated by him; and that I will! And if any School master, or other person, In- 11 structing or Teaching Youth in any private House or Fami y 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 Realm, (for which he shall pay twelvepence only) and before such subscription and acknowledgment made as aforesaid; Then every such School-master and other, Instructing and Teaching 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 the said Declaration or Acknowledgment so to be Subscribed and Read these words following, Scilicet. A obligation on me, or on any other person, ND I do declare, that I do hold there lies no 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. 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 Ordering of Deacons, or during the Service for the Ordering of during Ordi- Priests, or during the Service for the Consecration of Archbishops ministered 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 Öath of canonical Obedience to the Archbishop taken by Bishops on Consecration. Obedience to Bishops, Extent of 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. 2 Eliz. c. 1. (Irish). 13 Eliz. C. I2. 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. |