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5. By a constitution of archbishop Reynolds: Persons of Letters direligion shall not be ordained by any but their own bishop, with- missory. out letters dimissory of the said bishop; or, in his absence, of his vicar-general. Lind. 32.

And by Can. 34. No person shall henceforth admit any person into sacred orders, which is not of his own diocese, except he be either of one of the universities of this realm, or except he shall bring letters dimissory from the bishop of whose diocese he is.

Of one of the universities.] That is, a member of some college, so as that he may be ordained ad titulum collegii sui. Grey, 45. In the ancient acts of ordination, the fellows of New-college, St. Mary Winton, and King's college in Cambridge, are mentioned, as possessed of a special privilege from the pope, to be ordained by what bishops they pleased; and they are said to be sufficienter dimissi, in virtue of that privilege, and without letters dimissory. But it doth not appear by our books, that this was then that general right of all colleges in the two universities, to which they are entitled by virtue of this canon. Gibs. 142.

And by a constitution of Richard Wethershead, archbishop of Canterbury; a bishop ordaining one of another diocese, without special licence of the bishop of that diocese, shall be suspended from the conferring of that order to which he shall ordain any such person, until he shall have made a proper satisfaction. Lind. 32.

And by Can. 35. If any bishop or suffragan shall admit any to [ 36 ] sacred orders, who is not so qualified-as before we have ordained; 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: (and by the ancient canon law, from granting letters dimissory to the persons of his diocese who are to be ordained. Gibs. 143.)

And they who shall be promoted to holy orders, by other than their own bishop, without licence of their own bishop, shall be suspended from the exercise of such order, until they shall obtain a dispensation. Edm. Lindw. 26.

But a dispensation in such case by their own bishop shall be sufficient, who may ratify such ordination. Lindw. 26.

And in our ecclesiastical records, we find several persons dispensed with, in form, for obtaining orders without such letters, as a great irregularity; which was looked upon as needful for the ratification of the order received. Gibs. 142.

The archbishop, as metropolitan, may not grant letters dimissory; but this is to be understood with an exception to the time of his metropolitical visitation of any dioceses, during which he may both grant letters dimissory, and ordain the clergy of the diocese visited. Gibs. 143.

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So neither the archdeacon, nor official, may grant letters dimissöry. Concerning the archdeacon, the canon law is express: And as to the officials, they are excluded by the same constitution that excludes the religious; and the ancient gloss, speaking of officials, says, although it cannot be denied that they have ordinary jurisdiction, yet recourse is not to be had to them in every thing-for they cannot grant letters commendatory for orders. Gibs. 143.

During the vacancy of any see, the right of granting letters dimissory within that see, rests in the guardian of the spiritualties; and, in consequence, the right of ordaining also, where such guardian is of the episcopal order. Gibs. 143.

A bishop being in parts remote, he who is specially constituted vicar-general for that time, hath power to grant letters dimissory; and the reason is, because during that time the whole episcopal jurisdiction is vested in him; as it is also in persons who enjoy jurisdictions entirely exempt from the bishop, and who therefore may likewise grant them. likewise grant them. Gibs. 143.

The persons to whom letters dimissory may be granted by any bishop, are either such who were born in the diocese, or are promoted in it, or are resident in it. This appears from Lindwood, in his commentary upon the foregoing constitution of archbishop Reynolds; whose observation is taken from the body of the canon law. But although this is laid down disjunctively, so as letters dimissory granted in any of the three cases will be good; yet it appears in practice, that heretofore they were judged to come more properly from the bishop in whose diocese he was promoted, or in which his title lay. And the reason was, because the bishop in whose diocese the person was born, or had long dwelt, is presumed to have the best opportunity of knowing the conversation of the person to be ordained. Gibs. 143.

The fitness of the person to be ordained (as to life, learning, title, and the like) ought to appear, before the granting of letters dimissory. This is supposed (as to conversation at least) in what hath been said before; and as to the title it was not only inquired into by the bishop granting the letters, but frequently remained with him; of which special notice was taken in the body of such letters. And the bishop who grants the letters dimissory is to make this inquiry, and not the bishop to whom such letters are transmitted; for he is to presume that the persons recommended to him are fit and sufficient. Gibs. 144.

Letters dimissory may be granted at once to all orders, and directed to any catholic bishop at large. And this hath been the practice in the church of England, both before and since the Reformation; as appears by innumerable instances, in the acts of ordination, of literæ dimisoriæ ad omnes; and by the forms of the letters dimissory (whether ad omnes or not) which are di

rected in that general style. But other churches, to prevent the inconveniences of this practice (especially where such letters are granted without previous examination), have expressly forbid them both. Gibs. 144.

V. Of oaths and subscriptions previous to the ordin

ation.

1. By the 1 El. c. 1. and 1 W. 3. c.8. Every person taking orders, before he shall receive or take any such orders, shall take the oaths of allegiance and supremacy, before the ordinary or commissary.

2. And by the 13 El. c. 12. None shall be admitted to the order of deacon, or ministry; unless he shall first subscribe to all the articles of religion agreed upon in convocation in the year 1562, which only concern the confession of the true Christian faith and the doctrine of the sacraments. §5.

3. And by Can. 36. No person shall be received into the ministry, except he shall first subscribe to these articles. following:

(1) That the king's majesty, under God, is the only supreme governor of this realm, and of all other his highness's dominions and countries, as well in all spiritual or ecclesiastical things or causes, as temporal; and 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 his majesty's said realms, dominions, and countries.

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(2) That the book of common prayer, and of ordering of bishops, priests, and deacons, containeth in it nothing contrary to the word of God, and that it may lawfully be used, and that he himself will use the form in the said book prescribed in pubprayer, and administration of the sacraments, and none other. (3) That he alloweth the book of articles of religion agreed upon by the archbishops and bishops of both provinces, and the whole clergy, in the convocation holden at London, in the year of our Lord God one thousand five hundred sixty and two; and that he acknowledgth all and every the articles therein contained, being in number nine and thirty, besides the ratification, to be agreeable to the word of God.

Which subscription, as it seemeth by the same and the following canon, must be before the bishop himself.

And for the avoiding of all ambiguities, such person shall subscribe in this form and order of words, setting down both his Christian and sirname, viz. "I N. N. do willingly and ex animo "subscribe to these three articles above mentioned, and to all "things that are contained in them." Can. 36.

And if any bishop shall ordain any, except he shall first have

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so subscribed; he shall be suspended from giving of orders for the space of twelve months.

Can. 36.

VI. Form and manner of ordaining deacons.

1. The ordination (as well of deacons as of ministers) shall be [39] performed in the time of divine service, in the presence not only of the archdeacon, but of the dean and two prebendaries at the least, or (if they shall happen by any lawful cause to be let or hindered) in the presence of four other grave persons, being masters of arts at the least, and allowed for public preachers. Can. 31.

And by the statute of the 21 H. 8. c. 13. for pluralities; it is alleged as one reason why a bishop may retain six chaplains, because he must occupy six chaplains at the giving of orders. $24.

However, in practice, a less number than is required either by the said statute or by the aforesaid canon, is sometimes admitted; and this (as it is said,) by virtue of the rubrick in the office of ordination, which directeth that the bishops with the priests present shall lay their hands upon the persons to be ordained; implying, as is supposed, that if there are but two priests present, it sufficeth by this rubrick, which is established by the act of parliament of the 13 & 14 C. 2. But the words do not seem so much to be restrictive of the number before required, as directory what the number as by law before required in this respect shall do.

2. And at the time of ordination, the bishop shall say unto the people, Brethren, if there be any of you who knoweth any impediment, or notable crime, in any of these persons presented to be ordered deacons, for the which he ought not to be admitted to that office; let him come forth in the name of God, and shew what the crime or impediment is. Form of Ordination.

And if any great crime or impediment be objected, the bishop shall surcease from ordering that person, until such time as the party accused shall be found clear of that crime. Id.

3. And before the gospel, the bishop sitting in his chair, shall cause the said oaths of allegiance and supremacy to be (again) ministered unto every of them that are to be ordered. Id. 1 W. c. 8. (i)

(2) The 24 G. 3. c. 35. after reciting "that, by the laws of the "realm, persons who are admitted into holy orders must take the "oath of allegiance; and that there are divers subjects of foreign "countries desirous that the word of God and the sacraments should "be administered to them, according to the liturgy of the church of "England, by subjects or citizens of the said countries, ordained

4. Then the bishop, laying his hands severally upon the head of every one of them, humbly kneeling before him, shall say,

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according to the form of ordination in the church of England," empowers the bishop of London, or any other bishop to be by him appointed, to admit to the order of deacon or priest, for the purposes aforesaid, persons, subjects, or citizens of countries out of his majesty's dominions, without requiring them to take the said oath of allegiance. But they are not to exercise their office within his majesty's dominions; and this exemption from taking the above oath is to be mentioned in their testimonial. For the consecration of bishops under similar circumstances, see tit. Bishops, II. 17.

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[So by 59 G. 3. c. 60. § 1. after reciting that "whereas it is expe"dient that the archbishops and bishops of this realm should from "time to time admit into holy orders persons specially destined for "the cure of souls in H. M.'s foreign possessions although such persons may not be provided with the title required by the canon of the "church of England of such as are to be made ministers: and whereas "it will greatly tend to the advancement of religion within the same "that due provision shall be regularly made for a supply of persons properly qualified to serve as parsons, vicars, curates or chaplains." The above archbishops, or the bishop of London, or any bishop authorised by any or either of them, may admit to the holy orders of deacon or priest, any person whom on examination he shall deem duly qualified specially for the purpose of taking on himself the cure of souls or officiating in any spiritual capacity in H. M.'s colonies or foreign possessions, and residing therein; and a declaration of and written engagement to perform such purpose, under the hand of such person, being deposited in the hands of such archbishop, &c. shall be held a sufficient title with a view to such ordination; and it shall be distinctly stated in his letters of ordination, that he has been ordained for cure of souls in H. M.'s foreign possessions. § 1.

No person so admitted into holy orders for these purposes, shall be capable of holding or of being admitted to any benefice or other ecclesiastical dignity soever within the U. K., or of acting as curate therein, without the previous consent and approbation in writing under hand and seal of the bishop of the diocese, in which any such benefice, &c. is locally situate, nor without like consent, &c. of such one of the said archbishops or bishop of London by whom or by whose authority he has been originally ordained; or in case of the demise or translation of such archbishop or bishop, of his successor in the same see; provided that no such consent, &c. shall be given unless the applicant first produces a testimony of his good behaviour during his residence abroad from the bishop in whose diocese he has officiated, or if no such bishop, from the governor in council of the colony in which he may have been resident, or from the colonial secretary of state. § 2. By § 3. no person admitted into holy orders by bishops of Quebec, Nova Scotia, or Calcutta, or by any other bishop or archbishop than those of England or Ireland, shall be capable of officiating in any church or chapel of England or Ireland without special permission from the archbishop of the province where he proposes to officiate; or of holding or being admitted to any ecclesi

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