Clerical Subscription Act 1865

JurisdictionUK Non-devolved
Citation1865 c. 122
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Octavo & Vicesimo Nono. An Act to amend the Law as to the Subscriptions and Declarations to be made and Oaths to be taken by the Clergy of the Established Church ofEngland and Ireland .

(28 & 29 Vict.) C A P. CXXII.

[5th July 1865]

'WHEREAS it is expedient that the Subscriptions, Declarations, and Oaths required to be made and taken by the Clergy of the United Church ofEngland and Ireland should be altered and simplified:' Be it enacted by the Queen'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, as follows:

S-1 Declaration of Assent.

1 Declaration of Assent.

1. The following Declaration is herein-after referred to as ‘the Declaration of Assent.’

'IA.B. do solemnly make the following Declaration:

I assent to the Thirty-nine Articles of Religion, and to the Book of Common Prayer and of the ordering of Bishops, Priests, and Deacons. I believe the Doctrine of the United Church of England 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.'

S-2 The Declaration against Simony.

2 The Declaration against Simony.

2. The following Declaration is herein-after referred to as ‘the Declaration against Simony:’

'IA.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.'

S-3 Stipendiary Curate's Declaration.

3 Stipendiary Curate's Declaration.

3. The following Declaration is herein-after referred to as ‘the Stipendiary Curate's Declaration:’

'IA.B. , Incumbent of in the County of bon fide undertake to pay to C.D. of in the County of the annual Sum of Pounds as a Stipend for his Services as Curate, and I C.D. bon fide intend to receive the whole of the said Stipend.

And each of us the saidA.B. and C.D. declare that no Abatement 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.'

S-4 Subscription and Oaths on Ordination.

4 Subscription and Oaths on Ordination.

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 Twenty-second Years of the Reign of Her present Majesty, Chapter Forty-eight.

S-5 Subscription and Oaths on Institution to Benefice or Licence to a Perpetual Curacy, &c.

5 Subscription and Oaths on Institution to Benefice or Licence to a Perpetual Curacy, &c.

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 granted, make and subscribe the Declaration of Assent, and the Declaration against Simony, and take the said Oath of Allegiance 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.

S-6 Declaration on taking Stipendiary Curacy.

6 Declaration on taking Stipendiary Curacy.

6. Every Person about to be licensed to a Stipendiary Curacy 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.

S-7 Declaration after Institution or Collation.

7 Declaration after Institution or Collation.

7. Every Person instituted or collated to any Benefice with Cure 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.’

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...

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