✨ Despatch Conclusion and Act Text




THE NEW ZEALAND GAZETTE. 419

(3.) After he has held preferment, or acted as
curate for two years, he may apply to the
Archbishop of the province in which he
is employed for a general authority to
exercise his office in England.
10. If this is given, he will become, to all intents
and purposes, a priest, or deacon, as the case may be,
of the Church of England.
11. These are the leading provisions of the Act,
and the remaining enactments, with one exception,
are merely necessary to bring under its operation all
colonial and foreign ordinations, and to exclude
those which, though effected formally by a colonial
or foreign Bishop, are practically the ordinations of
an English Diocesan.
12. The exception is the 12th clause, which enables
an English Archbishop, in consecrating a colonial
Bishop, to dispense, at his discretion, with the oath
of obedience to himself which the English rubric
requires. The reason of this clause is, that in the
larger colonies the obedience of a suffragan Bishop
is now due to a local Metropolitan in a degree which
may be from time to time defined by local regula-
tions, and which may become, if it is not already,
inconsistent with an oath of obedience to an English
authority.
13. I enclose
copies of the Act and of this
Despatch, which I request you to communicate to
the Anglican Bishops within your Government.
I have, &c.,
CARNARVON.

The Officer Administering
the Government of New Zealand.

CHAPTER 77.
AN ACT respecting Colonial and certain other Clergy.
[7th August, 1874.]

WHEREAS by divers Acts of Parliament certain dis-
abilities are imposed on persons ordained by bishops
not being bishops of the United Church of England
and Ireland:
And whereas by an Act passed in the thirty-second
and thirty-third years of Her present Majesty, chap-
ter forty-two, it is enacted that the union created by
Act of Parliament between the Churches of England
and Ireland shall be dissolved, and that enactments
relating to the said United Church shall be read dis-
tributively in respect of the Church of England and
the Church of Ireland:
And whereas it is desirable to amend the law re-
specting persons having been ordained by bishops,
not being bishops of either of the said separate
Churches or of the said United Church, hereinafter
collectively called "the Churches aforesaid:"
Be it therefore enacted by the Queen's Most Ex-
cellent 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:-

  1. This Act may be cited as "The Colonial Clergy
    Act, 1874."
  2. The enactments enumerated in Schedule A
    annexed to this Act are repealed, but not so as to
    render invalid anything lawfully done in conformity
    with any of them.
  3. Except as hereinafter mentioned, no person who
    has been or shall be ordained priest or deacon, as the
    case may be, by any bishop other than a bishop of a
    diocese in one of the churches aforesaid, shall, unless
    he shall hold or have previously held preferment or
    a curacy in England, officiate as such priest or deacon
    in any church or chapel in England, without written
    permission from the archbishop of the province in
    which he proposes to officiate, and without also
    making and subscribing so much of the declaration

contained in "The Clerical Subscription Act, 1865,"
as follows, that is to say,-
"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 sacra-
ments, I, whilst ministering in England, will use
the form in the said book prescribed and none
other, except so far as shall be ordered by lawful
authority."
4. Except as hereinafter mentioned, no person who
has been or shall be ordained priest or deacon, as the
case may be, by any bishop other than a bishop of a
diocese in one of the Churches aforesaid, shall be
entitled as such priest or deacon to be admitted or
instituted to any benefice or other ecclesiastical pre-
ferment in England, or to act as curate therein,
without the previous consent in writing of the bishop
of the diocese in which such preferment or curacy
may be situate.
5. Any person holding ecclesiastical preferment,
or acting as curate in any diocese in England under
the provisions of this Act, may, with the written
consent of the bishop of such diocese, request the
archbishop of the province to give him a license in
writing under his hand and seal in the following
form, that is to say,-

To the Rev. A.Ξ’.,
"We, C., by Divine Providence Archbishop of D.,
do hereby give you the said A.B. authority to exer-
cise your office of priest [or deacon] according to
the provisions of an Act of the thirty-seventh and
thirty-eighth years of Her present Majesty, intit-
uled 'An Act respecting Colonial and certain other
Clergy.'
"Given under our hand and seal on the
day of
"C. (L.S.) D."

And if the archbishop shall think fit to issue such
license, the same shall be registered in the registry
of the province, and the person receiving the license
shall thenceforth possess all such rights and advan-
tages, and be subject to all such duties and liabilities,
as he would have possessed and been subject to if
he had been ordained by the bishop of a diocese in
England: Provided that no such license shall be
issued to any person who has not held ecclesiastical
preferment or acted as curate for a period or periods
exceeding in the aggregate two years.
6. All appointments, admissions, institutions, or
inductions to ecclesiastical preferment in England,
and all appointments to act as curate therein, which
shall hereafter be made contrary to the provisions of
this Act, shall be null and void.
7. If any person shall officiate as priest or deacon
in any church or chapel in England contrary to the
provisions of this Act, or if any bishop not being
bishop of a diocese in England shall perform episco-
pal functions in any such church or chapel without
the consent in writing of the bishop of the diocese in
which such church or chapel is situate, he shall for
every such offence forfeit and pay the sum of Β£10
to the Governors of Queen Anne's Bounty, to be
recovered by action brought within six months after
the commission of such offence by the Treasurer of
the said Bounty in one of Her Majesty's Superior
Courts of Common Law; and the incumbent or
curate of any church or chapel who shall knowingly
allow such offence to be committed therein shall be
subject to like penalty, to be recovered in the same
manner.
8. Any person ordained a priest or deacon in pur-
suance of such request and commission as are men-



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1875, No 36





✨ LLM interpretation of page content

πŸ›οΈ Leading provisions of the Colonial Clergy Act explained (continued from previous page)

πŸ›οΈ Governance & Central Administration
23 June 1875
Colonial Clergy Act, Archbishop, consecrating Bishop, oath of obedience, local regulations
  • Carnarvon

πŸ›οΈ Text of 'The Colonial Clergy Act, 1874' (Chapter 77)

πŸ›οΈ Governance & Central Administration
7 August 1874
Legislation, Clergy, Ordination, Church of England, Church of Ireland, Clerical Subscription Act 1865