orders, except (1) he shalt at that time exhibit to the bishop, of whom he defiresh impofition of hands, a prefentation of himJelf to forma ecclefiaftical preferment then void in the diocefe; or (2) ball bring to the faid bishop a true and undoubted certi ficate, that either he is provided of fome church within the faid diocefe where be may attend the cure of fouls, or (3) of fome minifter's place vacant either in the cathedral church of that diocefe, or in fome other collegiate church therein alfo fituate, where be 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 fame college in Cambridge or Oxford; or (6) except he be a mafier of arts of five years flanding, that liveth of his own charge in either of the univerfities; or (7) except by the bishop bimfelf that doth ordain him minifter, he be fhortly after to be admitted either to fome benefice or curateship then void. if any bishop fhall admit any perjon into the miniftry that hath none of thefe titles, as is aforefaid; then he shall keep and maintain him with all things neceffary, till he do prefer him to fome ecclefiaftical living: And if the faid bishop shall refuse so to do, ke fhall be fufpended by the archbishop, being affifted with another bifhop, from giving of orders by the pace of a year.

And

No perfon, &c.] By this branch of the canon, which is negative and exclufive, one fort of title that was heretofore very common, is in great meafure 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 fpecification of an annual fum. And at such titles, after the eftate, fum, or the like, is often added in the acts of ordination (especially when it was fmall) that the party therewith acknowledged himself content; which declaration fo made and entred, was understood to be a difcharge of the bifhop 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 fome college] This feems to be a title founded on this canon, from the filence of the ancient books relating thereunto. Gibf. 140.

Mafter of arts of five years flanding] This alfo feems to be a new title established by the canon. Gibf. 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 archbifhop Winchelfey, there is in the regifter an order from the archbishop to one of his comprovincial bifhops, 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 elergyman, who had given a title of a certain annual fum, to pay it till the clerk fhould be provided for; and a citation to Merton college, to fhew caufe, 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 fpecially inforced upon the bishops by king Charles the firft and archbishop Laud, upon this pain or penalty of maintaining the perfon, if they fhould ordain any without fuch title. And in ancient times, the names of the perfons who granted the titles were entred in the acts of ordination, as ftanding engaged; as a teftimony against the perfon intitling, in cafe 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 promife on the part of the perfon or dained, not to infift upon fuch maintenance; we find that cafe confidered in the ancient Glofs, and there it seems to be determined, that the fame being a publick right cannot be released. And before that, it had been made part of the body of the canon law, that perfons having made fuch promife, unless compaffionately difpenfed withal, ought not to be admitted to a higher order, nor to minifter in the order already taken. id.

In cafe of letters dimiffory, the rule of the canon law is, that the bishop whofe bufinefs it was to fee that there was a good title, shall be liable to the penalty for a person or

Teftimonial.

dained without fufficient title, altho' another bifhop ordained fuch perfon. id.

3. By a conftitution 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, ftrict fearch and inquiry be made of all these things. Athon, 16.

And by a constitution of archbishop Reynolds; no fimo. niac, homicide, person excommunicate, ufurer, facrilegious perfon, incendiary, or falfifier, nor any other having canonical impediment, fhall be admitted into holy orders. Lind. 33. Canonical impediment] As fuppofe, of bigamy; or any other which proceeds rather from defect than crime, id.

And by feveral conftitutions of Edmund archbishop, the following impediments and offences are declared to be caufes of fufpenfion from orders received, and confequently fo far forth are objections like wife, if known beforehand, againft being ordained at all; viz.

They who are born of not lawful matrimony, and have been ordained without difpenfation; fhall be fufpended from the execution of their office, till they obtain a dispensation:

They who have taken holy orders, in the conscience of any mortal fin, or for temporal gain only; fhall not execute their office, till they fhall have been expiated from the like fin by the facrament 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 fame: fhall be fufpended from the execution of their office, until they fhall have lawful difpenfations: By irregulars as to the premiffes, we understand homicides, advocates in causes of blood, fimonifts, makers of fimoniacal contracts; and who, being infected with the contagion, have knowingly taken orders from hereticks, fchifmaticks, or perfons excommunicated by name.

Alfo bigamifts, bufbands of lewd women, violators of virgins confecrated to God, perfons excommunicate, and perfons having taken orders furreptitiously, 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 fo 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 fome degree an enlargement of the foregoing reftrictions: viz.

The bishop knowing, either by himself, or by fufficient teftimony, any perfon to be a man of virtuous converfation, and without crime; and after examination and trial, finding him learned in the latin tongue, and fufficiently inftructed in holy fcripture, 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 eitt.er of the two univerfities; 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 prief's orders in particular, it is thus directed by the ftatute of the 13 El. c. 12. None foall be made minifter, unless it appear to the bishop that he is of honeft life, and profeffeth the doctrine expreffed 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 faid articles, or have fpecial gift or ability to be a preacher.

So that if these requifites be obferved, thofe others are not now required, further than they fall in with thefe.

And the ordinary way by which all this must appear to the bishop, must be by a written teftimonial; concerning which it is directed by Can. 34. aforefaid, with refpect both unto deacon's and prieft's orders, that no bishop shall admit any perfon into facred orders, except he fhall then exhibit letters teftimonial of his good life and converfation, under the feal of fome college of Cambridge or Oxford, where before he remained, or of three or four grave minifters, together with the fubfcription and teftimony of other credible perfons, who bave known his life and behaviour for the space of three years next before.

And with respect unto prief's orders in particular, it is enacted by the aforefaid ftatute of the 13 El. c. 12. that none shall be made minifter, unlifs he first bring to the bishop of that diocefe, from men known to the bishop to be of found religion, a teftimonial both of his honeft 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 inhabiteth, in order to know the impediments if any be; which the minifter of fuch parifh 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 bifhop fhall give open "monitions to all men, to except against fuch as they "know not to be worthy, either for life or conversation." Gibf. 147.

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 fo called, yet fince it is faid to be difcretionary in the bifhop whom he will admit to the order of priest or deacon, and that he is not obliged to give any reafon for his refufal (1 Still. 334. 1 Johnf. 46. Wood, b. 1. c. 3.) this implieth, that he may infift upon what previous terms of qualification he fhall think proper, confiftent with law and right. And by the ftatute, rubrick, and canon aforegoing, he is not required, but permitted only, to admit perfons fo and fo qualified; and prohibited to admit any without, but not injoined to admit any perfons altho' they have fuch and fuch qualifications. \

4. By Can. 35. The bishop, before he admit any perfon to holy orders, fhall diligently examine him, in the prefence of those minifters that fhall affift him at the impofition of hands; and if the bifhop have any lawful impediment, he fhall cause the said minifters carefully to examine every such person so to be ordered. And if any bifhop or fuffragan fhall admit any to facred orders who is not fo 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, fhall fufpend the faid bifhop or fuffragan fo offending, from making either deacons or priefts for the space of two years.

Of common right, this examination pertaineth to the archdeacon, faith Lindwood; and fo faith the canon law, in which this is laid down, as one branch of the archidiaconal office. Which thing is alfo fuppofed in our own form of ordination, both of priests and deacons, where the archdeacon's office is to prefent the perfons that are apt and meet, Gif. 147.

And