And for the regular method of examination, we are referred by Lindwood, to the canon upon that head, inferted in the body of the canon law; viz., When the bifhop intends to hold an ordination, all who are defirous to be admitted into the miniftry, are to appear on the fourth day before the ordination; and then the bishop fhall appoint fome of the priests attending him, and others fkilled in the divine law, and exercifed in the ecclefiaftical fanctions, who shall diligently examine the life, age, and title of the perfons to be ordained; at what place they had their education; whether they be well learned; whether they be inftructed in the law of God. And they fhall be diligently examined for three days fucceffively; and fo on the faturday, they who are approved, fhall be prefented to the bishop. Gibf. 147. (b) 5. By a conftitution of archbishop Reynolds: Perfons of Letters dimife religion fhall not be ordained by any but their own bishop, fory. without letters dimiflory of the faid bifhop; or, in his absence, of his vicar general. Lind. 32. And by Can. 34. No perfon fhall henceforth admit any perfon into facred orders, which is not of his own diocese, except he be either of one of the universities of this realm, or except he fhall bring letters dimiffory from the bishop of whofe diocese he is. Of one of the univerfities] That is, a member of fome college, fo as that he may be ordained ad titulum collegii fui. Grey. 45. In the ancient acts of ordination, the fellows of Newcollege, St. Mary Winton, and King's college in Cambridge, are mentioned, as poffeffed of a fpecial privilege from the pope, to be ordained by what bishops they pleased; and they are faid to be fufficienter dimiffi, in virtue of that privilege, and without letters dimiffory. But it doth not appear by our books, that this was then that general right of all colleges in the two univerfities, to which they are entitled by virtue of this canon. Gibf. 142. And by a conftitution of Richard Wetherfhead, archbifhop of Canterbury; A bifhop ordaining one of another diocefe, without fpecial licence of the bishop of that diocefe, fhall be fufpended from the conferring of that order to which he fhall ordain any fuch perfon, until he fhall' have made a proper fatisfaction. Lind. 32. - And by Can. If 35. any bishop or fuffragan fhall admit any to facred orders, who is not fo qualified as before we have ordained; the archbishop of his province, having notice thereof, and being affitted therein by one bishop, fhall fufpend the faid bishop or fuffragan fo offending, from making either deacons or priefts, for the space of two years: (and by the ancient canon law, from granting letters dimiffory to the perfons of his diocese who are to be ordained. Gibf. 143.) And they who fhall be promoted to holy orders, by other than their own bishop, without licence of their own bishop, fhall be fufpended from the exercife of fuch order, until they fhall obtain a dispensation. Edm. Lindw. 26. But a difpenfation in fuch cafe by their own bishop shall be fufficient, who may ratify fuch ordination. Lindw. 26. And in our ecclefiaftical records, we find feveral perfons difpenfed with, in form, for obtaining orders without fuch letters, as a great irregularity; which was looked upon as needful for the ratification of the order received. Gibf. 142. The archbishop, as metropolitan, may not grant letters dimiffory; but this is to be understood with an exception to the time of his metropolitical vifitation of any diocefes, during which he may both grant letters dimiffory, and ordain the clergy of the diocefe vifited. Gibf. 143. So neither the archdeacon, nor official, may grant letters dimiffory. Concerning the archdeacon, the canon law is express: And as to the officials, they are excluded by the fame conftitution that excludes the religious; and the ancient glofs, fpeaking of officials, fays, Altho' it cannot be denied that they have ordinary jurifdiction, yet recourfe is not to be had to them in every thing-for they cannot grant letters commendatory for orders. Gibf. 143. During the vacancy of any fee; the right of granting letters dimiffory within that fee, refts in the guardian of the fpiritualities; and, in confequence, the right of ordaining alfo, where fuch guardian is of the epifcopal order. Gibf. 143. A bishop being in parts remote, he who is fpecially conftituted vicar general for that time, hath power to grant letters dimiffory; and the reafon is, becaufe during that time the whole epifcopal jurifdiction is vefted in him: as it is alfo in perfons who enjoy jurifdictions entirely exempt from the bishop, and who therefore may likewife grant them. Gibf. 143.. The perfons to whom letters, dimiffory may be granted by any bishop, are either fuch who were born in the dio cefe, or are promoted in it, or are refident in it. This appears from Lindwood, in his commentary upon the foregoing conftitution of archbishop Reynolds; whofe obfervation is taken from the body of the canon law. But altho this is laid down disjunctively, fo as letters dimiffory granted in any of the three cafes will be good; yet it appears in practice, that heretofore they were judged to come more properly from the bishop in whofe diocese he was promoted, or in which his title lay. And the reafon was, because the bishop in whofe diocese the perfon was born, or had long dwelt, is prefumed to have the best opportunity of knowing the converfation of the perfon to be ordained, Gibf. 143. The fitness of the perfon to be ordained (as to life, learning, title, and the like) ought to appear, before the granting of letters dimiffory. This is fuppofed (as to converfation at leaft) in what hath been faid 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 dimiffory is to make this inquiry, and not the bifhop to whom fuch letters are tranfmitted; for he is to prefume that the perfons recommended to him are fit and fufficient. Gibf. 144. Letters dimiffory may be granted at once to all orders, and directed to any catholick bishop at large. And this hath been the practice in the church of England, both before and fince the reformation; as appears by innumerable instances, in the acts of ordination, of litera dimifforia ad omnes; and by the forms of the letters dimiffory (whether ad omnes or not) which are directed in that general ftyle. But other churches, to prevent the inconveniences of this practice (especially where fuch letters are granted without previous examination), have expressly forbid them both. Gibf. 144. V. Of oaths and fubfcriptions previous to the ordi nation. 1. By the 1 El. c. 1. and I W. c. 8. Every person taking orders, before he shall receive or take any fuch orders, fhall take the oaths of allegiance and fupremacy, before the ordinary or commiffary. D 3 2. And 2. And by the 13 El. c. 12. None shall be admitted ta the order of deacon, or miniftry; unless he shall firft fubfcribe to all the articles f religion agreed upon in convocation in the year 1562, which only concern the confeffion of the true chriftian faith and the doctrine of the facraments. f. 5. 3. And by Can. 36. No perfon fhall be received into the miniftry, except he fhall firft fubfcribe to thefe articles following: (1) That the king's majefty, under God, is the only fupreme governor of this realm, and of all other his highnefs's dominions and countries, as well in all fpiritual or ecclefiaftical things or caufes, as temporal; and that no foreign prince, perfon, prelate, ftate or potentate hath, or ought to have any jurifdiétion, power, fuperiority, preheminence or authority, ecclefiaftical or spiritual, within his majesty's faid realms, dominions, and countries.' (2) That the book of common prayer, and of ordering of bifhops, priefts, and deacons, containeth in it nothing contrary to the word of God, and that it may lawfully be used, and that he himfelt will ufe the form in the faid book prefcribed in publick prayer, and adminiftration of the facraments, and none other. (3) That he alloweth the book of articles of religion agreed upon by the archbishops and bifhops of both provinces, and the whole clergy, in the convocation holden at London, in the year of our Lord God one thousand five hundred fixty and two; and that he acknowledgeth all and every the articles therein contained, being in number nine and thirty, befides the ratification, to be agreeable to the word of God. Which fubfcription, as it feemeth by the fame and the following canon, must be before the bishop himself. And for the avoiding of all ambiguities, fuch perfon fhall fubfcribe in this form and order of words, fetting down both his chriftian and firname, viz. " I N. N. do willingly and ex animo fubfcribe to these three articles, above mentioned, and to all things that are contained "in them." Can. 36. And if any bishop fhall ordain any, except he shall firft have fo fubfcribed; he fhall be fufpended from giving of orders for the space of twelve months. Ca. 36. VI. Form and manner of ordaining deacons. 1. The ordination (as well of deacons as of minifters) fhall be performed in the time of divine fervice, in the pre fence fence not only of the archdeacon, but of the dean and two prebendaries at the leaft, or (if they fhall happen by any lawful caufe to be let or hindred) in the presence of four other grave perfons, being mafters of arts at the leaft, and allowed for publick preachers. Can. 31. And by the ftatute of the 21 H. 8. c. 13. for pluralities; it is alledged as one reafon why a bifhop may retain fix chaplains, because he must occupy fix chaplains at the giving of orders. f. 24. However, in practice, a lefs number than is required either by the faid ftatute or by the aforefaid canon, is fometimes admitted; and this (as it is faid) by virtue of the rubrick in the office of ordinarion, which directeth that the bishops with the priests prefent fhall lay their binds upon the perfons to be ordained; implying, as is fuppofed, that if there are but two prieits prefent, it fufficeth by this rubrick, which is eftablished by the act of parliament of the 13 & 14 C. 2. But the words do not feem fo much to be restrictive of the number before required, as directory what that number as by law before required in this respect fhall do. 2. And at the time of ordination, the bishop fhall fay unto the people, Brethren, if there be any of you, who knoweth any impediment, or notable crime, in any of thefe perfons prefented 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 fhew what the crime or impediment is. Ferm of ordination. And if any great crime or impediment be objected, the bishop fhall furceafe from ordering that perfon, until fuch time as the party accufed fhall be found clear of that crime, Id. 3. And before the gofpel, the bishop fitting in his chair, fhall cause the faid oaths of allegiance and fupremacy to be (again) miniftred unto every of them that are to be ordered. Form of ordin. 1 W. I W. c. 8. (i) 4. Then (1) The 24 Geo. 3. c. 35. after reciting that, by the laws of the realm, perfons who are admitted into holy orders must take the oath of allegiance; and that there are divers fubjects of foreign countries defirous that the word of God and the facraments fhould be adminifterea to them, according to the liturgy of the church of England, by fubjects or citizens of the faid countries; ordained according to the form of ordination in the church of England; empowers the bishop of London, or any D 4 other |