Imatges de pàgina
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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 suen 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 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 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:

aforesaid, That in all places where the proper | Declaration or Acknowledgment shall be sub. Incumbent 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 month, 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 War-respective Archbishop, Bishop, or Ordinary of the rant 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-inaster, 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 I

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A. B. Do declare, that it is not lawful upon any pretence whatsoever, to take Arms 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 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.

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

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 saine) 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 he 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 Acknowledginent so to be Subscribed and Read these words following, Scilicet.

ND I do declare, that I do hold there lies no A obligation on 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.

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

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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 Episcopai Ordi

Oaths not to be ad

ministered

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 and Bishops.

nation or

Consecra

tion Ser

vices.

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,
&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 Jurisdiction over the Estate Ecclesiastical and Spiritual, and abolishing all foreign Powers repugnant 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.

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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.

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15

16

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nation, or shall not before the said Feast-day of Saint Bartholomew be Ordained Priest or Deacon, according to the forin of Episcopal Ordination, shall have, hold or enjoy the said Parsonage, Vicarage, Benetice 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 mouths 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, Adininistration of Sacraments, Rites or Ceremonies, 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 Raid 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 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.

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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 un. feigned 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, Forins 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 Serinon, before his said Lecture or Sermon, openly, publickly and solemnly read the Commion 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 assein. bled, declare his unfeigned assent and consent unto, and approbation of, the said Book, and to the use of all the Prayers, Rites and Ceremonies, Forins 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

Title of Act.

28 & 29° VICTORIE, Cap. 122.

13 & 14 Chas. 2. C. 4. An Act for the Uniformity of Public Prayers and Administration of Sacraments and other Rites and Ceremonies, and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons in the Church of England.

17 & 18 Chas 2. c. 6. (Irish).

1 Wm. & Mary, c. 8. An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths.

5 Will. & Mary, cap. 2.. An Act for the abrogating the Oath of Supremacy in Ireland and appointing other Oaths.

1 Geo. I. st. 2. C. 13. An Act for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors.

23 G. 2. c. 28.

1 & 2 Vict. c. 106.

Clerical Subscription.

66

Description of repealed Enactments.

The whole of Sections Six, Eight, and Eleven, and Section Nineteen, except the Words following: "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 Public Worship within this Realm of England. "or the Dominion of Wales and Town of Berwickupon-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 Spiri"tualities under his Seal."

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any other Church, Chapel or place of Publick
Worship, until such time as he and they shali
openly, publickly and solemnly read the Com-
mon Prayers and Service appointed by the said
Book, and conform in all points to the things
therein appointed and prescribed, according to
the purport, true intent and meaning of this
Act.
Provided always, That if the said Sermon or
Lecture be to be preached or read in any Cathe-
dral or Collegiate Church or Chapel, it shall be
sufficient for the said Lecturer, openly at the
time aforesaid, to declare his assent and consent
to all things contained in the said Book, accord-
ing to the Form aforesaid.

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time, and fitted to the present occasion, accord-
ing to the direction of lawful Authority.
Provided also, and be it Enacted by the Au-
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thority aforesaid, That a true Printed Copy of
the said Book, Intituled, The Book of Common
Prayer and Administration of the Sucraments,
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, shall at the costs and charges of
the Parishioners of every Parish-Church and
Chapelry, Cathedral Church, College and Hall,
be attained and gotten before the Feast-day of
Saint Bartholomew in the year of our Lord One
thousand six hundred sixty and two; upon
pain of forfeiture of Three pounds by the month,
for so long time as they shall then after be un-
provided thereof, by every Parish or Chapelry.
Cathedral Church, College and Hall, making
default therein.

And be it further Enacted by the Authority aforesaid, That if any person who is by this Act disabled to Preach any Lecture or Sermon, shall during the time that he shall continue and remain so disabled, Preach any Serinon or Lecture; That then for every such offence, the person and persons so offending shall suffer Three months' Imprisonment in the Common Gaol without Bail or Mainprise; and that any two Justices of the Peace of any County of this Kingdom and places aforesaid, and the Mayor or other chief Magistrate of any City or TownCorporate within the same, upon Certificate from the Ordinary of the place made to him or them of the Offence committed, shall and are hereby required to commit the person or persons so offending, to the Gaol of the same County, City or Town-Corporate accordingly.

Provided always, and be it further Enacted by the Authority aforesaid, That at all and every time and times when any Serinon or Lecture is to be Preached, the Common Prayers and Service in and by the said Book appointed to be Read for that time of the day shall be openly, publickly and solemnly Read by some Priest or Deacon, in the Church, Chapel or place of Publick Worship, where the said Sermon or Lecture is to be Preached, before such Sermon or Lecture be Preached, and that the Lecturer then to Preach shall be present at the Reading thereof.

Provided nevertheless, That this Act shall not extend to the University-Churches in the Universities of this Realm, or either of them, when or at such times as any Sermon or Lecture is preached or Read in the said Churches, or any of them, for or as the publick University-Sermon or Lecture; but that the same Sermons and Lectures may be Preached or Read in such sort and manner as the same have been heretofore Preached or Read; This Act, or any thing herein contained, to the contrary thereof in any wise notwithstanding.

And be it further Enacted by the Authority aforesaid, That the several good Laws and Statutes of this Realm, which have been formerly made, and are now in force, for the Uniformity of Prayer and Administration of the Sacraments, within this Realin of England and places aforesaid, shall stand in full force and strength, to all intents and purposes whatsoever, for the establishing and confirining of the said Book, Entituled, The Book of Common Prayer and Administration of the Sacraments, and other Rites and Ceremonies of the Church, uccording 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, herein before mentioned to be joined and annexed to this Act; and shall be applied, practised and put in use for the punishing of all offences contrary to the said Laws, with relation to the Book aforesaid, and no other. Provided always, and be it further Enacted by the Authority aforesaid, That in all those Prayers, Litanies and Collects, which do any way relate to the King, Queen or Royal Progeny, tue Names be altered and changed from time to

Provided always, and be it Enacted by the Authority aforesaid, That the Bishops of Hereford, Saint David's, Asaph, Bangor and Landaff, and their Successo.s, shall take such order among themselves, for the souls' health of the Flocks committed to their charge within Wales, That the Book hereunto annexed be truly and exactly Translated into the Brit sh or Welsh Tongue; and that the saine so Translated, and being by them, or any three of them at the least, viewed, perused and allowed, be Imprinted to such number at least, so that one of the said Books so Translated and Imprinted, may be had for every Cathedral, Collegiate and Parish-Church, and Chapel of Ease, in the said respective Dioceses and places in Wales, where the Welsh is commonly spoken or used, before the First day of May One thousand six hundred sixty-five; and That froin and after the Imprinting and publishing of the said Book so Translated, the whole Divine Service shall be used and said by the Ministers and Curates throughout all Wales within the said Dioceses where the Welsh Tongue is commonly used, in the British or Welsh Tongue, in such manner and form as is prescribed according to the Book hereunto annexed to be used in the English Tongue, differing nothing in any Order or Forin froin the said English Book; for which Book, so Translated and Imprinted, the Church-wardens of every of the said Parishes shall pay out of the Parish-money in their hands for the use of the respective Churches, and be allowed the same on their Account; and That the said Bishops and their Successors, or any Three of them at the least, shall set and appoint the price for which the said Book shall be sold: And one other Book of Common Prayer in the English Tongue shall be bought and had in every Church throughout Wales, in which the Book of Common Prayer in Welsh is to be had by force of this Act, before the First day of May One thousand six hundred sixty and four, and the same Books to remain in such convenient places within the said Churches, that such as understand them may resort at all convenient times to read and peruse the same, and also such as do not understand the said Language, may by conferring boti Tongues together, the sooner attain to the knowledge of the English Tongue; Any thing in this Act to the contrary notwithstanding: And until Printed Copies of the said Book so to be Translated may be had and provided, the Form of Common Prayer established by Parliament before the inaking of this Act, shall be used as formerly in such parts of Wales where the English Tongue is not commonly understood.

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And to the end that the true and perfect 28 Copies of this Act, and the said Book hereunto annexed, may be safely kept and perpetually preserved, and for the avoiding of all disputes for the time to coine; Be it therefore Enacted

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