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But nothing herein contained shall extend, or be construed to extend, to take away any right of granting faculties heretofore lawfully exercised, and which now be lawfully exercised by the archbishop of Canterbury, or the archbishop of Armagh, viz. to

admit at earlier ages. Ibid. Title. 2. Otho. Seeing it is dangerous to ordain any without a cer

tain and true title; we do establish that before the conferring of orders by the bishop, a diligent search and inquiry be made thereof. Ath. 16.

Can. 33. It hath been long since provided, by many decrees of the ancient fathers, that none should be admitted either deacon or priest, who had not first some certain place where he might use his function : According to which examples we do ordain,

that henceforth no person shall be admitted into sacred orders, [ 30 ] except (1) he shall at that time exhibit to the bishop, of whom

he desireth imposition of hands, a presentation of himself to some ecclesiastical preferment then void in the diocese; or (2) shall bring to the said bishop a true and undoubted certificate, that either he is provided of some church within the said diocese where he

may attend the cure of souls, or (3) of some minister's place vacant either in the cathedral church of that diocese, or in some other collegiate church therein also situate, where he may execute his ministry; or (4) that he is a fellow, or in right as a fellow, or (5) to be a conduct or chaplain in some college in Cambridge or Oxford; or (6) except he be a master of arts of five years standing, that liveth of his own charge in either of the universities; or (7) except by the bishop himself that doth ordain him minister, he be shortly after to be admitted either to some benefice or curateship then void. And if any bishop shall admit any person into the ministry that hath none of these titles, as is aforesaid: then he shall keep and maintain him with all things necessary, till he do prefer him to some ecclesiastical living: And if the said bishop shall refuse so to do, he shall be suspended 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 exclusive, one sort 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 ecclesiastical records; and not only so, but the title of a pension or allowance in money which is frequently specified ; and sometimes the title of a particular person (of known abilities and there named) without any such 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 só made and entered, was understood to be a disa charge of the bishop ordaining, from any obligation to provide for him. Gibs. 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 entered as a canonical title, in the acts of ordination. Gibs. 140.

Or that he is a fellow] This also, 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. Gibs. 140.

Chaplain in some college] This seems to be a title founded [ 31 ] on this canon, from the silence of the antient books relating thereunto. Gibs. 140.

Master of arts of five years standing] This also seems to be a new title established by the canon. Gibs. 140.

Shall keep and maintain him] 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 register 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 so ordained; and there is an order to a bishop, to oblige a clergyman, who had given a title of a certain annual sum, to pay it till the clerk should be provided for; and a citation to Merton college, to shew cause, why they should not be obliged to maintain one, to whom they had given a title at his ordination. In like manner, the observation 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 person, if they should ordain any without such title. And in ancient times, the names of the persons who granted the titles were entered in the acts of ordination, as standing engaged; as a testimony against the person intitling, in case the clerk (ordained upon such title) should at any time want convenient maintenance. Gibs. 141.

And whereas the laws of the church in this particular might be eluded, by a promise on the part of the person ordained, not to insist

such maintenance; we find that case considered in the ancient Gloss, and there it seems to be determined, that the same being a public right cannot be released. And before that, it had been made part of the body of the canon law, that persons having made such promise, unless compassionately dispensed withal, ought not to be admitted to a higher order, nor to minister in the order already taken. Id.



In case of letters dismissory, the rule of the canon law is, that

the bishop whose business it was to see that there was a good [ 32 ] title, shall be liable to the penalty for a person ordained without

sufficient title, although 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 simoniac, homicide, person excommunicate, usurer, sacrilegious person, incendiary, or falsifier, 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 dispensation :

They who have taken holy orders, in the conscience of any mortal sin, 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 dispense with the same: shall be suspended from the execution of their office, until they shall have lawful dispensations: By irregulars as to the premises, we understand homicides, advocates in causes of blood, simonists, makers of simonaical contracts, and who being infected with the contagion, have knowingly taken orders from heretics, schismatics, or persons excommunicated by name.

Also bigamists, husbands of lewd women, violators of virgins consecrated to God, persons excommunicate, and persons having taken orders surreptitiously, sorcerers, 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. [ 33 ] But this is not now required; but all the same 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 sufficient testimony, 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 sacred orders, except he hạth taken some degree of school in either of the two universities; or at the least, except he be able to yield an account of his faith in Latin according to the thirty-nine articles.

And with respect unto priesťs orders in particular, it is thus directed by the statute of the 13 El. c. 12. None shall be made minister, unless it appear to the bishop that he is of honest life, and professeth the doctrine expressed in the thirty-nine articles nor unless he be able to answer, and render to the ordinary an account of his faith in Latin, according to the said articles, or have special gift or ability to be a preacher.

So that if these requisites 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 person into sacred orders, except he shall then exhibit letters testimonial of his good life and conversation, under the seal of some college of Cambridge, or Oxford, where before he remained, or of three or four grave ministers, together with the subscription and testimony of other credible persons, who have 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 diocese, from men known to the bishop to be of sound religion, a testimonial both of his honest life, and of his professing 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 person who offereth himself to be ordained inhabiteth, in order to know the impediments if any be; which the minister of such parish is to certify to the bishop or his official : Particularly, the council of Trent requires this, and that it be done by the command of the bishop, upon signification made to him, a month before, of the name of the person who desires 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

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men, to except against such as they know not to be worthy, 66 either for life or conversation.” Gisb. 147.

Agreeable unto which are archbishop Wake's directions to the bishops of his province in the year 1716, subjoined at the end of this title, which although they have not the authority of a law properly so called, yet since it is said to be discretionary 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. 1 Johns. 46. Wood, b. 1. c. 3.), this implieth, that he may insist upon what previous terms of qualification he shall think proper, consistent with law and right. And by the statute, rubrick, and canon aforegoing, he is not required, but permitted only, to admit persons so and so qualified; and prohibited to admit any without, but not injoined to admit any persons although they have such and such qualifications.

4. By Can. 35. The bishop, before he admit any person to holy orders, shall diligently examine him, in the presence of those ministers that shall assist him at the imposition 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 suffragan shall admit any to sacred 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 assisted therein by one bishop, shall suspend the said bishop or suffragan so offending, from making either deacons or priests for the space of two years.

Of common right, this examination pertaineth to the archdeacon, saith 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 persons that are apt and meet. Gisb. 147.

And for the regular method of examination, we are referred by Lindwood, to the canon upon that head, inserted in the body of the canon law; viz. When the bishop intends to hold an ordination, all who are desirous to be admitted into the ministry, are to appear on the fourth day before the ordination; and then the bishop shall appoint some of the priests attending him, and others skilled in the divine law, and exercised in the ecclesiastical sanctions, who shall diligently examine the life, age, and title of the persons to be ordained ; at what place they had their education; whether they be well learned; whether they be instructed in the law of God. And they shall be diligently examined for three days successively; and so on the Saturday, they who are approved, shall be presented to the bishop. Gisb. 147. (h)

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(h) .See Dist. 24. c. 5.

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