Clerical Subscription - Law Dictionary Search Results
Home Dictionary Name: clerical subscriptionClerical subscription
Clerical subscription. The (English) Clerical Subscription Act, 1865 (28 & 29 Vict. c.122), s. 4, as amended by the Statute Law Revision Act, 1893, enacts that 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, make the following 'Declaration of Assent':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 Church of England, 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.See Articles OF RELIGION; and for an attempt to define 'lawful authority,' see Lely on the Church of England Position, at p. 138.Oaths of allegiance and of canonical obedience to the bishop have also to be taken....
Articles of religion
Articles of religion, commonly called the Thirty-nine Articles, a body of divinity drawn up by the convocation in 1562, required of the clergy to be subscribed to by 13 Eliz. C. 12, and confirmed by James I. Consult Burnet's Exposition of the Thirty-nine Articles.' The Oxford University Act, 1854 (17 & 18 Vict. c. 81), ss. 43, 44, has rendered unnecessary subscription to these Articles, or any oath, on matriculating or on taking a degree in the University of Oxford; and the Cambridge University Act, 1856 (19 & 20 Vict. c. 88), ss. 45, 46, contains a similar enactment in regard to the University of Cambridge; a declaration of assent to them is required by the Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122) (see CLERICAL SUBSCRIPTION), to be subscribed by every deacon or priest before ordination, and also by every person about to be instituted to a benefice, or licensed to a perpetual curacy; every such person being also required to read the Articles publicly in church on the firs...
Induction
Induction [fr. inductio, Lat., a leading into], the giving a parson possession of his church.A clerk is not complete incumbent until induction, which is performed by a mandate from the bishop to the archdeacon, or if the church be exempt from arch diaconal jurisdiction, to the chancellor or commissary, or if it be a peculiar, to the dean or judge, who usually issues a precept to another clergyman to perform it for him.The person who inducts takes the hand of the clerk, and lays it on the ring, key, or latch of the church-door, or wall of the church, or delivers a clod, turf, or twig of the glebe, and gives corporal possession of the church, saying:--By virtue of this mandate I induct you into the real, actual, and corporal possession of the church of [Stow], with all rights, profits, and appurtenances thereto belonging.'Induction is the investiture of the temporal part of the benefice or the corporal seisin, as institution (see INSTITUTION), which may take place anywhere, whereas induc...
Ordination
Ordination, the conferring of holy orders. The first thing necessary on application for only orders is the possession of a title--that is, a sort of assurance from a rector to the bishop that, provided the latter finds the person fit to be ordained, the former will take him for his curate, with a stated salary. The candidate is then examined by the bishop or his chaplain respecting both his faith and his erudition; and various certificates are necessary, particularly one signed by the clergyman of the parish in which he has resided during a given time. the candidate has to comply with the requirements of the Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122) (see CLERICAL SUBSCRIPTION); and a clerk must have attained his twenty-third year before he can be ordained a deacon; and his twenty-fourth to receive priest'' orders.---4 Geo. 3, c. 43; Canon 34.In the Presbyterian and Congregational churches ordination means the act of establishing a licensed preacher over a congregation with...
Reading-in
Reading-in. The title of a person instituted or licensed to any benefice with cure of souls or perpetual curacy will be divested unless be publicly read in the church of the benefice, on the first Lord's-day on which he officiates, the Thirty-nine Articles, with a declaration of his assent thereto, and to the Book of Common Prayer, Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122), s. 7.. The title of a person instituted or licensed to any benefice with cure of souls or perpetual curacy will be divested unless be publicly read in the church of the benefice, on the first Lord's-day on which he officiates, the Thirty-nine Articles, with a declaration of his assent thereto, and to the Book of Common Prayer, Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122), s. 7....
Clergy
Clergy [fr. clerge, Fr.; clerus, Lat.], the assembly or body of clerks or ecclesiastics set apart from the rest of the people or laity to superintend the public worship of God and the other ceremonies of religion, and to administer spiritual counsel and instruction.--The clergy were before the Reformation divided into (1) regular, who lived under certain rules, being of some religious order, and were called men of religion, or the religious, such as abbots, priors, monks, etc.; and (2) secular, who did not live under any certain rules of the religious orders, as bishops, deans, parsons, etc. Now the term comprehends all persons in holy orders and in ecclesiastical offices, viz., archbishops, bishops, deans and chapters, archdeacons, rural deans, parsons (either rectors or vicars) and curates, to which may be added parish clerks. The clergy are exempt from serving on juries; restrained from farming more than 80 acres, except with the sanction of the bishop, and cannot carryon any trade....
Simony
Simony, ['payment for things spiritual'] the corrupt presentation of, or the corrupt agreement to present any one to an ecclesiastical benefice for reward. It is derived from Simon Magus, who offered money to the Apostles for the power to work miracles (Acts viii. 18-24). It is an offence by statute 31 Eliz. c. 6, which by s. 5, 'for the avoiding of simony,' directs that the corrupt presentation shall be void, and the presentation shall go to the Crown, and the Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122), required a declaration against simony to be subscribed by every person about to be instituted or collated to any benefice or to be licensed to any perpetual curacy, lectureship, or preachership. This declaration, which was only to the effect that the declarant had not been party to any contract to the best of his knowledge simoaniacal, is now superseded by a far more effective and specific declaration scheduled to the Benefices Act, 1898 (61 & 62 Vict. c. 48), which declara...
Supremacy, Oath of
Supremacy, Oath of, the abolished oath prescribed for nearly 200 years, together with the oath of allegiance, was to be taken by various high officers and persons by 1 W. & M. c. 8, and also by the Bill of Rights, 1 W. & M. sess. 2, c. 2, and is to this effect:-I, A.B., to swear that I do from my heart abhor, detest and abjure as impious and heretical this damnable doctrine and position, that Princes excommunicated or deprived by the Pope, or any authority of the see of Rome, may be deposed or murdered by their subjects or any other whatsoever. And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. Se help me God.This oath had to be taken by all clergy on their ordination until the passing of the Clerical Subscription Act, 1865, when a single oath, as prescribed by 21 & 22 Vict. c. 48, was substituted for the oaths of allegiance an...
Clerical error
Clerical error, an error in a document which can only be explained by considering it to be a slip or mistake of the party preparing or copying it. Clerical errors in judgments or orders may be corrected by the Court or a judge under R.S.C. Ord. XXVIII., r. 11, and in awards, by the arbitrator, under the Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 7; and for the inherent right of a Court to correct an error or supply an accidental omission, see Milson v. Carter, 1893 AC 640.As to contracts, clerical errors have frequently been corrected by application of the maxims, Qui h'ret in litera, h'ret in cortice, or, Mala grammctica non vitiat chartam. A clerical error in a lease for ninety-four years at a yearly rent 'during the said term of ninety-one years and a quarter' was corrected by the counterpart into ninety-one years and a quarter, in Burchell v. Clark, (1876) 2 CPD 88, by a majority of the Court of Appeal; and see Spyve v. Topham, (1802) 3 East 115; and other cases showing that c...
Clerical or arithmetical error
Clerical or arithmetical error, A clerical or arithmetical error is an error occasioned by an accidental slip or omission of the court. It represents that which the the court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a clerical error is a mistake in writing or typing, Sooraj Devi v. Pyare Lal, (1981) 2 SCR 485: (1981) 1 SCC 500: AIR 1981 SC 736 (738). [Criminal Procedure Code (2 of 1974) s. 362]...
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