also by parity of reason he hath used to solemnize matrimony, and to bury the dead. Wats. c. 14.

And in general it seemeth, that he may perform all the other offices in the liturgy, which a priest can do, except only consecrating the sacrament of the Lord's supper (as hath been said), and except also the pronouncing of the absolution.

Indeed it is not clear from the rubrick in the book of common prayer, whether, or how far, a deacon is prohibited thereby to pronounce the absolution. For although it is there directed, that the same shall be pronounced by the priest alone; yet the word [alone] in that place seemeth only to intend, that the people shall not pronounce the absolution after the priest, as they did the confession just before: and the word priest, throughout the rubrick, doth not seem to be generally appropriated to a person in priest's orders only; on the contrary, almost immediately after it is directed, that the priest shall say the gloria patri, and then afterwards that the priest shall say the suffrages after the Lord's prayer (which, by the way, in most of the occasional offices are called by mistake the suffrages after the creed, or the suffrages next after the creed), and it is not supposed that these expressions are to be understood of the priest alone, exclusive of a deacon who may happen to perform the service. And here also we may observe the ambiguous signification of the word priest, as before was observed of the words minister and curate; sometimes it is understood to signify a person in priest's orders only; at other times, and especially in the rubrick, it is used to signify the person officiating, whether he be in priest's or only in deacon's orders: and in general, the words priest, minister, and curate, seem indiscriminately to be applied throughout the liturgy, to denote the clergyman who is officiating, whether he [ 46 ] be rector, vicar, assistant curate, priest, or deacon.

But the argument to evince that the priest only, and not a deacon, hath power to pronounce the absolution, seemeth most evidently to be deduced from the acts of ordination before mentioned. To the deacon, it is said, "Take thou authority to "read the gospel, and to preach :" To the priest, it is said, "Receive the Holy Ghost Whose sins thou dost forgive, they are forgiven; and whose sins thou dost retain, they are "retained."

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Moreover; until a person is admitted to the order of priesthood, he is not capable of any benefice or ecclesiastical promotion. Gibs. 146. (7) ·

(1) Dr. Gibson refers to the 13 E. c. 12. which enacts, that no person shall be admitted to any benefice unless he be of the age of three and twenty years, and a deacon at the least; and directs that every person admitted to a benefice with cure shall be admitted to

And by the statute of the 13 & 14 C. 2. c. 4. No person shall be capable to be admitted to any parsonage, vicarage, benefice, or other ecclesiastical promotion or dignity, before he be ordained priest: on pain of 1007.; half to the king, and half to be equally divided between the poor and the informer. § 14.

Neither is a person that is merely a layman, or that is only a deacon, capable of a donative: for although he who hath a donative may come into the same by lay donation, and not by admission and institution; yet his function is spiritual. 1 Inst.

344.

So that he who is no more than a deacon, can only use his orders either as a chaplain to some family, or as a curate to some priest, or as a lecturer without title; for the prebendaries of some prebends in cathedral and collegiate churches, are to read lectures there, by the appointment of the founders thereof, and may from thence be called lecturers; but these places are of the [ 47 ] number of ecclesiastical promotions, to which the incumbents are admitted by collation or institution, of which a deacon as aforesaid is not therefore capable; yet the king's professor of the law within the university of Oxford, may have and hold the prebend of Shipton within the cathedral church of Sarum, united and annexed to the place of the same king's professor for the time being, although that the said professor be but a layman. Wats. c. 14. 13 & 14 C. 2. c. 4. §20.

XI. General office of priests.

A priest by his ordination receiveth authority to preach the word of God, and to consecrate and administer the holy communion, in the congregation where he shall be lawfully appointed thereunto.

Yet, notwithstanding, by Can. 36. he may not preach without a licence either of the archbishop, or of the bishop of the diocese where he is placed, under their hands and seals, or of one of the two universities, under their seals likewise.

But a licence by the bishop of any diocese is sufficient, although it be only to preach within his diocese; the statute not

minister the sacraments within one year after his induction, if he be not so admitted before, under pain of deprivation. See Deprivation, in not. But the 13 & 14 C. 2. c. 4. § 14., extends the restriction by declaring, that no person shall be capable to be admitted to any benefice, nor to administer the sacrament, before such time as he shall be ordained priest, according to the form prescribed by the book of common prayer, under the penalty of 100%. and disability to be admitted into the order of priest for the space of one year next following. Wats. p. 142.

requiring any licence by the bishop of the diocese where the church is. Wats. c. 14.

Dr. Watson says, that if a person, who is a mere layman, be admitted and instituted to a benefice with cure, and doth administer the sacrament, marry and the like; these, and all other spiritual acts performed by him during the time he continues parson in fact, are good; so that the persons baptized by him are not to be rebaptized, nor persons married by him to be married again, to satisfy the law. Wats. c. 14. Cro. El. 775.

XII. Exhibiting letters of orders.

1. Can. 137. Every parson, vicar, and curate, shall at the bishop's first visitation, or at the next visitation after his admission, shew and exhibit unto him his letters of orders, to be by him either allowed, or (if there be just cause) disallowed and rejected; and being by him approved, to be signed by the register; the whole fees for which, to be paid but once in the whole time of every bishop, and afterwards but half the said fees.

2. Arund. No curate shall be admitted to officiate in another diocese, unless he bring with him his letters of orders. Lindw. 48.

3. Can. 39. No bishop shall institute any to a benefice, who hath been ordained by any other bishop, except he first shew [ 48 ] unto him his letters of orders.

4. By the 4 H.7. c. 13. If any person, at the second time of asking his clergy, because he is within orders, hath not there ready his letters of orders, or a certificate of his ordinary witnessing the same; the justices afore whom he is arraigned, shall give him a day to bring in his said letters or certificate; and if he fail in so doing, he shall lose the benefit of his clergy, as he shall do that is without orders.

XIII. Archbishop Wake's directions to the bishops of his province in relation to orders.

It is judged proper here to subjoin archbishop Wake's letter to the bishops of the province of Canterbury, dated June 5, 1716, which, although it concerneth other matters besides those of ordination, yet since the due conferring of orders appeareth to be the principal regard thereof, it seemeth best to insert the same intire in this place; and to refer to it here at large from those other titles, unto which it hath some relation.

As to its authority, it is certain (as hath been observed before) that in itself it hath not the force of law, nor is it so intended, or to be of any binding obligation to the church, further than the archbishops and bishops from time to time shall judge expedient; mean, as to those parts of it which only concern matters that

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the law hath left indefinite, and discretionary in the archbishops and bishops. Other parts thereof are only inforcements of what was the law of the church before; and those, without doubt, are of perpetual obligation: not by the authority of these injunctions, but by virtue of the laws upon which they are founded.

My very good lord,

Being by the providence of God called to the metropolitical see of this province, I thought it incumbent upon me to consult as many of my brethren, the bishops of the same province, as were here met together during this session of parliament, in what manner we might best employ that authority which the ecclesiastical laws now in force, and the custom and laws of this realm, have vested in us, for the honour of God, and for the edification of his church, committed to our charge: And upon serious consideration of this matter, we all of us agreed in the same opinion [49] that we should, by the blessing of God upon our honest endeavours, in some measure promote these good ends, by taking care (as much as in us lieth) that no unworthy persons might hereafter be admitted into the sacred ministry of the church: nor any be allowed to serve as curates, but such as should appear to be duly qualified for such an employ; and that all who officiated in the room of any absent ministers, should reside upon the cures which they undertook to supply; and be ascertained of a suitable recompence for their labours.

In pursuance of those resolutions, to which we unanimously agreed, I do now very earnestly recommend to you;

(I.) That you require of every person who desires to be admitted to holy orders, that he signify to you his name and place of abode, and transmit to you his testimonial, and a certificate of his age duly attested, with the title upon which he is to be ordained at least twenty days before the time of ordination; and that he appear on Wednesday, or at furthest on Thursday in ember week, in order to his examination.

(II.) That if you shall reject any person, who applies for holy orders upon the account of immorality proved against him, you signify the name of the person so rejected, with the reason of your rejecting him, to me, within one month; that so I may acquaint the rest of my suffragans with the case of such rejected person before the next ordination.

(III.) That you admit not any person to holy orders, who having resided any considerable time out of the university, does not send to you, with his testimonial, a certificate signed by the minister, and other credible inhabitants of the parish where he so resided, expressing that notice was given in the church, in time of divine service, on some Sunday, at least a month before the day of ordination, of his intention to offer himself to be ordained at such a time; to the end

that any person who knows any impediment, or notable crime, for which he ought not to be ordained, may have opportunity to make his objections against him.

(IV.) That you admit not letters testimonial, on any occasion whatsoever, unless it be therein expressed, for what particular end and design such letters are granted; nor unless it be declared by those who shall sign them, that they have personally known the life and behaviour of the person for the time by them certified; and do believe in their conscience, that he is qualified for that order, office, or employment, to which he desires to be admitted.

(V.) That in all testimonials sent from any college or hall, in [ 50 ] either of the universities, you expect that they be signed, as well as sealed; and that among the persons signing, the governor of such college or hall, or in his absence, the next person under such governor, with the dean, or reader of divinity, and the tutor of the person to whom the testimonial is granted, (such tutor being in the college, and such person being under the degree of master of arts,) do subscribe their names.

(VI.) That you admit not any person to holy orders upon letters dimissory, unless they are granted by the bishop himself, or guardian of the spiritualities sede vacante; nor unless it be expressed in such letters, that he who grants them, has fully satisfied himself of the title and conversation of the person to whom the letter is granted.

(VII.) That you make diligent inquiry concerning curates in your diocese, and proceed to ecclesiastical censures against those who shall presume to serve cures without being first duly licensed thereunto; as also against all such incumbents who shall receive and employ them, without first obtaining such licence.

(VIII.) That you do not by any means admit of any minister, who removes from any other diocese, to serve as a curate in yours, without testimony of the bishop of that diocese, or ordinary of the peculiar jurisdiction from whence he comes, in writing, of his honesty, ability, and conformity to the ecclesiastical laws of the church of England.

(IX.) That you do not allow any minister to serve more than one church or chapel in one day, except that chapel be a member of the parish church, or united thereunto; and unless the said church or chapel where such a minister shall serve in two places, be not able in your judgment to maintain a curate.

(X.) That in the instrument of licence granted to any curate, you appoint him a sufficient salary, according to the power vested in you by the laws of the church, and the particular direction of a late act of parliament for the better maintenance of curates.

(XI.) That in licences to be granted to persons to serve any cure, you cause to be inserted, after the mention of the particular cure provided for by such licences, a clause to this effect [or in any other