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open threatenings compel, or cause, or other- | other Ordinaries, that they shall endeavour wise procure, or maintain any Parson, Vicar, themselves to the uttermost of their knowledges, or other Minister in any Cathedral, or Parish- that the due and true execution hereof may be Church, or in Chapel, or in any other place, to had throughout their Dioceses and Charges, as sing, or say any Common, or open Prayer, or they will answer before God for such evils and to minister any Sacrament otherwise, or in any plagues wherewith Almighty God may justly other manner, and form, than is mentioned in punish his people for neglecting this good and the said Book; or that by any of the said means wholesome law. And for their Authority in this shall unlawfully interrupt, or let any Parson, behalf, Be it further Enacted by the Authority Vicar, or other Minister in any Cathedral, or aforesaid, That all and singular the said ArchParish-Church, Chapel, or any other place to bishops, Bishops, and all other their officers, sing or say Common and open Prayer, or to exercising Ecclesiastical jurisdiction, as well in minister the Sacraments, or any of them, in place exempt, as not exempt, within their such manner, and form, as is mentioned in the Diocese shall have full power and Authority by said Book; That then every such person, being this Act to reform, correct and punish by centhereof lawfully convicted in forin abovesaid, sures of the Church, all, and singular persons, shall forfeit to the Queen our Sovereign Lady, which shall offend within any of their JurisdicHer Heirs, and Successors, for the first offence tions, or Diocese, after the said Feast of the an Hundred marks: And if any person, or per- Nativity of Saint John Baptist next coming, sons, being once convict of any such offence, against this Act and Statute: Any other Law, eftsoons offend against any of the last recited Statute, Privilege, Liberty, or Provision hereoffences, and shall in form aforesaid be thereof tofore made, had, or suffered to the contrary lawfully convict; That then the same person, notwithstanding. so offending and convict, shall for the second offence forfeit to the Queen our Sovereign Lady, Her Heirs, and Successors, Four hundred marks: And if any person, after he in form aforesaid shall have been twice convict of any offence concerning any of the last recited offences, shall offend the third time, and be thereof in form abovesaid lawfully convict; That then every person, so offending and convict, shall for his third offence forfeit to our Sovereign Lady the Queen all his Goods and Chattels, and shall suffer imprisonment during his life: And if any person, or persons, that for his first offence concerning the premisses, shall be convict in form aforesaid, do not pay the sum to be paid by virtue of his conviction, in such manner and form, as the same ought to be paid, within six week's next after his conviction; That then every person so convict, and so not paying the same, shall for the same first offence, instead of the said sum, suffer imprisonment by the space of six months without Bail or Mainprise: And if any person, or persons, that for his second offence concerning the premisses, shall be convict in form aforesaid, do not pay the said sum to be paid by virtue of his conviction, and this estatute, in such manner and form as the same ought to be paid, within six weeks next after his said second conviction; That then every person so convicted, and not paying the saine, shall for the same second offence, in the stead of the said sum, suffer imprisonment during twelve months without Bail or Mainprise: and, That from and after the said Feast of the Nativity of Saint John Baptist next coming, all, and every person and persons, inhabiting within this Realm, or any other the Queen's Majesty's Dominions, shall diligently, and faithfully, having no lawful, or reasonable excuse to be absent, endeavour themselves to resort to their Parish-Church, or Chapel accustomed, or upon reasonable let thereof, to some usual place, where Common Prayer, and such Service of God shall be used in such time of let, upon every Sunday, and other days ordained and used to be kept as holy days, and then, and there to abide orderly and soberly, during the time of Common Prayer, Preaching, or other Service of God there to be used and ministered, upon pain of punishment by the censures of the Church; and also upon pain, that every person so offending shall forfeit for every such offence, twelve pence, to be levied by the Churchwardens of the Parish, where such offence shall be done, to the use of the poor of the same Parish, of the goods, lands, and tenements of such offender, by way of distress.

And it is Ordained, and Enacted by the Au- 17 thority aforesaid, That all and every Justice of Oyer and Determiner, or Justices of Assize shall have full power and Authority in every of their open and general Sessions to inquire, hear and determine all and all manner of offences, that shall be committed, or done contrary to any Article contained in this present Act, within the limits of the Commission to them directed, and to make process for the execution of the same, as they may do against any person being indicted before them of trespass, or lawfully convicted thereof.

And for due execution hereof, the Queen's most excellent Majesty, the Lords Temporal, and all the Commons in this present Parliament assembled, do in God's name earnestly require, and charge all the Archbishops, Bishops, and

Provided always, and be it Enacted by the Authority aforesaid, That all and every Archbishop and Bishop shall or may at all time and times at his liberty and pleasure, join and associate himself by virtue of this Act to the said Justices of Oyer and Determiner, or to the said Justices of Assize, at every of the said open and general Sessions, to be holden in any place within his Diocese for and to the inquiry, hearing, and determining of the offences aforesaid.

Provided also, and be it Enacted by the Authority aforesaid, That the Books concerning the said Services shall at the costs and charges of the Parishioners of every Parish, and Cathedral Church be attained, and gotten before the said Feast of the Nativity of Saint John Baptist next following, and that all such Parishes and Cathedral Churches, or other places, where the said Books shall be attained and gotten before the said Feast of the Nativity of Saint John Baptist, shall within three weeks next after the said Books so attained and gotten, use the said Service, and put the same in use according to this Act.

And be it further Enacted by the Authority aforesaid, That no person or persons shall be at any time hereafter impeached, or otherwise molested of or for any of the offences above mentioned, hereafter to be committed, or done contrary to this Act, unless he or they so offending be thereof indicted at the next general Sessions to be holden before any such Justices of Oyer and Determiner, or Justices of Assize, next after any offence committed or done, contrary to the tenour of this Act.

Provided always, and be it Ordained, and Enacted, by the Authority aforesaid, That all and singular Lords of the Parliament, for the third offence above mentioned, shall be tried by their Peers.

Provided also, and be it Ordained, and Enacted by the Authority aforesaid, That the Mayor of London, and all other Mayors, Bailiffs, and other Head-officers of all, and singular Cities, Boroughs, and Towns-corporate within this Realm, Wales, and the Marches of the same, to the which Justices of Assize do not commonly repair, shall have full power and Authority by virtue of this Act, to inquire,

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The following Clerical Subscription Act repeals part of the
Act of Uniformity of 14 Car. II.

XXVIII. & XXIX. VICTORIÆ.

CAP. CXXII.

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 of England and
[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 of England 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:

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

A. 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

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bear, and determine the offences abovesaid, and every of them yearly, within fifteen days after the Feast of Easter, and Saint Michael the Archangel, in like manner and form as Justices of Assize and Oyer, and Determiner may do.

Provided always, and be it Ordained, and Enacted by the Authority aforesaid, That all and singular Archbishops, and Bishops, and every of their Chancellors, Commissaries, Archdeacons, and other Ordinaries, having any peculiar Ecclesiastical jurisdiction shall have full power and Authority by virtue of this Act, as well to inquire in their Visitation, Synods, and elsewhere within their jurisdiction, at any other time, and place, to take accusations, and informations of all, and every the things above mentioned, done, coinmitted, or perpetrated within the limits of their jurisdiction and Authority, and to punish the same by admonition, excommunication, sequestration, or deprivation, and other censures and process, in like form, as heretofore hath been used in like cases by the Queen's Ecclesiastical Laws.

Provided always, and be it Enacted, That whatsoever person offending in the premisses shall for the first offence receive punishment of the Ordinary, having a testimonial thereof under the said Ordinary's seal, shall not for the same offence eftsoons be convicted before the Justices; and likewise receiving for the said offence punishment first by the Justices, shall

not for the same offence eftsoons receive punishment of the Ordinary: Any thing contained in this Act to the contrary notwithstanding.

Provided always, and be it Enacted, That such ornaments of the Church and of the ministers thereof shall be retained, and be in use, as was in this Church of England by the Authority of Parliament in the second year of the Reign of King Edward the Sixth, until other order shall be therein taken by Authority of the Queen's Majesty, with the advice of her Coinmissioners, appointed and Authorized under the great seal of England for causes Ecclesiastical, or of the Metropolitan of this Realm: And also, That if there shall happen any contempt, or irreverence to be used in the Ceremonies, or Rites of the Church, by the misusing of the Orders appointed in this Book; the Queen's Majesty may by the like advice of the said Commissioners, or Metropolitan, ordain and publish such further Ceremonies, or Rites, as may be most for the advancement of God's glory, the edifying of his Church, and the due reverence of Christ's holy Mysteries and Sacraments.

And be it further Enacted by the Authority aforesaid, That all Laws, Statutes, and Ordínances, wherein, or whereby any other service, Administration of Sacraments, or Common Prayer is limited, established, or set forth to be used within this Realm, or any other the Queen's Dominions, or Countries, shall from henceforth utterly be void and of none effect.

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An Act. for the Uniformity of Publick 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.

XIV. CAROL. II.

WHEREAS in the first year of the late and observed as Holy days: And whereas by

Queen Elizabeth, there was one Uniform the great and scandalous neglect of Ministers in Order of Common Service and Prayer, and of using the said Order or Liturgy so set forth and the Administration of Sacraments, Rites and enjoined as aforesaid, great mischiefs and inCeremonies, in the Church of England, (agree- conveniences, during the times of the late unable to the Word of God, and usage of the happy troubles, have arisen and grown, and Primitive Church) compiled by the Reverend many people have been led into Factions and Bishops and Clergy, set forth in one Book, En-Schisms, to the great decay and scandal of the tituled, The Book of Common Prayer and Ad- Reformed Religion of the Church of England, ministration of Sacraments, and other Rites and to the hazard of many souls: for prevention and Ceremonies in the Church of England, and whereof in time to come, for settling the Peace enjoined to be used by Act of Parliament, holden of the Church, and for allaying the present disin the said first year of the said late Queen, En- tempers which the indisposition of the time tituled, An Act for the Uniformity of Common hath contracted, The King's Majesty, (according Prayer and Service in the Church, and Admini- to His Declaration of the Five and twentieth stration of the Sacraments, very comfortable to of October One thousand six hundred and sixty) all good people desirous to live in Christian con- granted His Commission under the great Seal of versation, and most profitable to the estate of England to several Bishops and other Divines, this Realin; upon the which the Mercy, Favour to review the Book of Coinmon Prayer, and to and Blessing of Almighty God is in no wise so prepare such Alterations and Additions as they readily and plentifully poured, as by Common thought fit to offer: and afterwards the ConPrayers, due using of the Sacraments, and vocations of both the Provinces of Canterbury often Preaching of the Gospel, with devotion of and York being by His Majesty called and asthe hearers; And yet this notwithstanding, a sembled, and now sitting, His Majesty hath great number of people in divers parts of this been pleased to authorize and require the PreRealm, following their own sensuality, and sidents of the said Convocations, and other the living without knowledge and due fear of God, Bishops and Clergy of the same, to review the do wilfully and Schismatically abstain and re- said Book of Common Prayer, and the Book of fuse to come to the Parish-Churches and other the Form and Manner of the Making and ConPublick places where Common Prayer, Admi- secrating of Bishops, Priests and Deacons: And nistration of the Sacraments, and Preaching of that after mature consideration they should the Word of God is used upon the Sundays and make such Additions and Alterations in the other days ordained and appointed to be kept said Books respectively, as to them should seem

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

:I

A. B., Incumbent of

County of

'bonâ fide undertake to pay to C. D. of
'County 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 Ordination 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. C. 72. s. 8.]

Form of
Oath of

Allegiance

Subscription and

Oaths on

to Benefice

eight.

5. Every Person about to be instituted or collated to any Benefice, or to be licensed to any Perpetual Curacy, Lectureship, or Institution Preachership, shall, before Institution or Collation is made or Licence or Licence granted, make and subscribe the Declaration of Assent, and the to a Per- Declaration against Simony, and take the said Oath of Allegiance petual 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.

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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

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 Realm 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:

present Parliament, that the said Books of Com. I and consent to all and every thing contained

A. B. Do hereby declare my unfeigned assent 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.

inon 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 And That all and every such person, who Tweed, and by all that Make or Consecrate shall (without some lawtul Impediment to be Bishops, Priests or Deacons, in any of the allowed and approved of by the Ordinary of the said Places, under such Sanctions and Penalties place) neglect or refuse to do the same within as the Houses of Parliament shall think fit. the time aforesaid, (or in case of such ImpediNow in regard that nothing conduceth more to ment within one Month after such Impediment the settling of the Peace of this Nation, (which removed,) shall ipso facto be deprived of all his is desired of all good men) nor to the honour of Spiritual Promotions: And that from thenceour Religion, and the propagation thereof, than forth it shall be lawful to and for all Patrons an universal agreement in the Publick Wor- and Donors of all and singular the said Spiritual ship of Almighty God; and to the intent that Promotions or of any of them, according to every person within this Realm may certainly their respective Rights and Titles, to present or know the rule to which he is to conform in collate to the same, as though the person or Publick Worship, and Administration of Sa-persons so offending or neglecting were dead. crainents, 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 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 there assembled, declare 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 ed of all his said Ecclesiastical Benefices and 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.

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, Cele-openly and publickly, before the Congregation bration 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 Making, 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.

And be it further Enacted by the Authority

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