orders, except (1) be shalt at that time exhibit to the bishop, of whom he defireth impofition of hands, a presentation of bimself to forma ecclefiaftical preferment then void in the diocese; or (2) shall bring to the faid bishop a true and undoubted certificate, that either he is provided of some church within the faid diocese where be may attend the cure of fouls, or (3) of some minister's place vacant either in the cathedral church of that diocese, or in fome other collegiate church therein also situate,. where be may execute his ministry; or (4) that he is a fellow, or in right as a fellow, or (5) to be a condust or chaplain in fome college in Cambridge or Oxford; or (6) except he be a master of arts of five years tanding, that liveth of his own charge in either of the universities; or (7) except by the bishop bimself that dab ordain bim minifter, be be shortly after to be admitted either to some binefice or curateship then void. And if any bishop shall admit any perjon into the ministry that hath none of these titles, as is aforesaid; then he shall keep and maintoin him with all things neceffory, till be do prefer him to some ecclefiaftical living: And if the said bishop shall refuse so to do, he shall be fufpended by the archbishop, being assisted with another bishop, from giving of orders by the space of a year. No person, &c.] By this branch of the canon, which is negative and exclufive, one fort of title that was heretofore very common, is in great measure taken away, viz. the title of his patrimony, which we meet with very frequently among the acts of ordination in our ecclefiaftical records; and not only fo, but the title of a pension or allowance in money which is frequently specified; and fome times the title of a particular perfon (of known abilities and there named) without any fuch specification of an annual sum. And at such titles, after the estate, sum, or the like, is often added in the acts of ordination (especially when it was small) that the party therewith acknowledged himself content; which declaration so made and entred, was understood to be a difcharge of the bishop ordaining, from any obligation to provide for him. Gibf. 140. In the cathedral church] This is only an affirmance of what was the law of the church before; the title of vicar choral being frequently entred as a canonical title, in the acts of ordination. Gibf. 140. Or that he is a fellow] This alfo, as to fellows of colleges, appears to have been all along the law of the church of England, by the frequent entries of that title, as received and admitted in the acts of ordination. Gibf. 140. Chaplain Chaplain in some college] This feems to be a title founded on this canon, from the filence of the ancient books reJating thereunto. Gibs. 140. Master of arts of five years flanding] This alfo feems to be a new title established by the canon. Gibf. 140. Shall keep and maintain bim] This was injoined by a canon of the third council of Lateran'; which canon was taken into the body of laws made in a council held at London, in the year 1200. And in the time of archbishop Winchelsey, there is in the regifter an order from the archbishop to one of his comprovincial bishops, to provide one of a benefice, whom he had ordained without title; and a citation of the executors of a bishop deceased, to oblige them to provide for one, whom the bishop had fo ordained; and there is an order to a bishop, to oblige a clergyman, who had given a title of a certain annual fum, to pay it till the clerk should be provided for; and a citation to Merton college, to thew cause, why they should not be obliged to maintain one, to whom they had given a title at his ordination. In like manner, the obfervation of this canon made in the year 1603 (or rather of the common law of the church of which this canon is only an affirmance) was specially inforced upon the bishops by king Charles the first and archbishop Laud, upon this pain or penalty of maintaining the perfon, if they should ordain any without fuch title. And in ancient times, the names of the persons who granted the titles were entred in the acts of ordination, as standing engaged; as a teftimony against the perfon intitling, in case the clerk (ordained upon fuch title) should at any time want convenient maintenance. Gibf. 141. And whereas the laws of the church in this particular might be eluded, by a promise on the part of the perfon ordained, not to infift upon such maintenance; we find that cafe confidered in the ancient Gloss, and there it seems to be determined, that the same being a publick right cannot be released. And before that, it had been made part of the body of the canon law, that persons having made fuch promise, unless compaflionately dispensed withal, ought not to be admitted to a higher order, nor to minifter in the order already taken. id. In case of letters dimifssory, the rule of the canon law is, that the bishop whose business it was to fee that there was a good title, shall be liable to the penalty for a perfon or 1 Teftimonial. dained without sufficient title, altho' another bishop ordained such person. id. 3. By a constitution of Otho, It is thus enjoined: Seeing it is dangerous to ordain persons unworthy, void of understanding, illegitimate, irregular, and illiterate; we do decree, that before the conferring of orders by the bishop, strict search and inquiry be made of all these things. Athon. 16. And by a constitution of archbishop Reynolds; no fimoniac, homicide, person excommunicate, usurer, facrilegious person, incendiary, or falfifier, nor any other having canonical impediment, shall be admitted into holy orders. Lind. 33. • Canonical impediment] As suppose, of bigamy; or any other which proceeds rather from defect than crime, id. And by several constitutions of Edmund archbishop, the following impediments and offences are declared to be causes of suspension from orders received, and consequently so far forth are objections likewise, if known beforehand, against being ordained at all; viz. They who are born of not lawful matrimony, and have been ordained without dispensation; shall be suspended from the execution of their office, till they obtain a difpenfation: They who have taken holy orders, in the conscience of any mortal fin, or for temporal gain only; shall not execute their office, till they shall have been expiated from the like sin by the sacrament of penance. Again; all who appear to have contracted irregularity in the taking of orders, or before or after, unless dispensed withal by those who have power to difpenfe with the same: shall be suspended from the execution of their office, until they shall have lawful dispensations: By irregulars as to the premisses, we understand homicides, advocates in causes of blood, fimonists, makers of fimoniacal contracts; and who, being infected with the contagion, have knowingly taken orders from hereticks, schismaticks, or persons excommunicated by name. Also bigamifts, husbands of lewd women, violators of virgins confecrated to God, persons excommunicate, and persons having taken orders furreptitioufly, forcerers, burners of churches, and if there be any other of the like kind. And he who did examine the parties, was to inquire into all these particulars. Lind. 26. But But this is not now required; but all the fame so far as they concern a man's capacity, learning, piety, and virtue, are included in the following directions in the preface to the form of ordaining deacons, which is in some degree an enlargement of the foregoing restrictions: viz. The bishop knowing, either by himself, or by fufficient teftimony, any person to be a man of virtuous conversation, and without crime; and after examination and trial, finding him learned in the latin tongue, and sufficiently instructed in holy scripture, may admit him a deacon. And by Can. 34. the direction is this: No bishop shall admit any person into facred orders, except he hath taken fome degree of school in either of the two universities; or at the leaft, except he be able to yield an account of his faith in latin according to the thirty-nine articles. And with respect unto priest's orders in particular, it is thus directed by the statute of the 13 El. c. 12. None shall be made minifter, unless it appear to the bishop that he is of honest life, and professeth the doctrine expressed in the thirtynine articles; nor unless he be able to answer, and render to the ordinary an account of his faith in latin, according to the faid articles, or have special gift or ability to be a preacher. So that if these requifites be observed, those others are not now required, further than they fall in with these. And the ordinary way by which all this must appear to the bishop, must be by a written testimonial; concerning which it is directed by Can. 34 aforesaid, with respect both unto deacon's and priest's orders, that no bishop shall admit any perfon into sacred orders, except he shall then exhibit letters teftimonial of his good life and conversation, under the seal of some college of Cambridge or Oxford, where before be remained, or of three or four grave ministers, together with the fubfcription and testimony of other credible persons, who bave known his life and behaviour for the space of three years next before. And with respect unto priest's orders in particular, it is enacted by the aforesaid statute of the 13 El. c. 12. that none shall be made minister, unless he first bring to the bishop of that discese, from men known to the bishop to be of sound religion, a teftimonial both of his honest life, and of his profeffing the doctrine expressed in the thirty-nine articles. Some of the canons abroad do further require, that proclamation be thrice made in the parish church where the perfon who offereth himself to be ordained inhabiseth, in order to know the impediments if any be, which the minifter of fuch parish is to certify to the bishop or his VOL. III. official: D Examination. official: Particularly, the council of Trent requires this, and that it be done by the command of the bishop,, upon fignification made to him, a month before, of the name of the perfon who defires to be ordained: Not unlike to which is this clause in the articles of queen Elizabeth published in the year 1564, viz. against the day of giving orders appointed, the bishop shall give open "monitions to all men, to except against such as they " know not to be worthy, either for life or converfation." Gibf. 147. 66 Agreeable unto which are archbishop Wake's directions to the bishops of his province in the year 1716, fubjoined at the end of this title, which altho' they have not the authority of a law properly so called, yet since it is said to be difcretionary in the bishop whom he will admit to the order of priest or deacon, and that he is not obliged to give any reason for his refusal (1 Still. 334. I Johnf. 46. Wood, b. 1. c. 3.) this implieth, that he may infift upon what previous terms of qualification he shall think proper, confiftent with law and right. And by the statute, rubrick, and canon aforegoing, he is not required, but permitted only, to admit perfons so and so qualified; and prohibited to admit any without, but not injoined to admit any perfons altho' they have such and such qualifi cations. 4. By Can. 35. The bishop, before he admit any perfon to holy orders, shall diligently examine him, in the prefence of those minifters that shall assist him at the impofition of hands; and if the bishop have any lawful impediment, he shall cause the said ministers carefully to examine every such person so to be ordered. And if any bishop or fuffragan shall admit any to facred orders who is not so examined, and qualified as before we have ordained [viz. in Can. 34.); the archbishop of his province having notice thereof, and being affifted therein by one bishop, shall suspend the faid bishop or fuffragan so offending, from making either deacons or priests for the space of two years. Of common right, this examination pertaineth to the archdeacon, faith Lindwood; and so saith the canon law, in which this is laid down, as one branch of the archidiaconal office. Which thing is also supposed in our own form of ordination, both of priests and deacons, where the archdeacon's office is to present the perfons that are apt and meet, Gibs. 147. |