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Court. The Convention is not always in session, and as a speedy trial is required, there is no alternative but to give the appointment of judges to the Bishop, to whom upon Church principles it seems most properly to belong, subject to a liberal right of challenge on the part of the accused. They have, therefore, prepared a canon constituting a Court upon these principles.
In order that the two codes may be more readily compared, a list is subjoined of the new canons, shewing where the ideas contained in each of them will be found in the old code, so far as they are derived from that source.
Canon I. Is composed of the canon which was adopted in lieu of the fourth canon of 1835, at the Convention of 1842, (see Journal, page 16,) and the sixth canon of 1835. The principal changes are mere transpositions, the words -or church” are omitted, because the seminary of learning could not be in a church. The idea which it is supposed these words were intended to convey, is expressed in language adopted from the first article of the Constitution.
Canon II. Is the fifth canon of 1835.
Canon III. Is the canon which was adopted in 1845 in lieu of the thirteenth, of 1835, (see Journal of 1845, page 64.) A few expressions have been changed with a view to perspicuity.
Canon IV. Is the twelfth canon of 1835.
Canon V. Is the canon above alluded to, which defines the offences for which clergymen shall be liable to trial and censure. It is derived from the 37th and 38th canons of the General Convention of 1832, and the 17th of the Maryland canons of 1835.
Canon VI. Regulates the mode of instituting proceedings against clergymen. It will be found to be modified, upon principles already explained, from the first part of the 22d canon of 1835. It may be considered as contained in the first ten lines, and parts of the eleventh and fourteenth lines of that canon.
Canon VII. Relates to advocates and parties. It contains some ideas which are rather implied than expressed in the first paragraph of the old 22d canon. The definition of the word “parties" is new, but seemed desirable for the better understanding of the whole code. The right of the accused to call in assistance is in the 19th, 20th and 21st lines of the old
The appointment of Church Advocate from lines 23, 24, 25. The most important difference is that the Bishop is bound, and not merely permitted, to appoint such an officer.
Canon VIII. Is the canon on the subject of the Constitution of the Court, and is entirely new.
Canon IX. The first paragraph is the eleventh canon of 1835. The second is what is supposed to be the meaning of the third paragraph of the twenty-second canon of 1835.
Canon X. Is part of the first paragraph of the old twenty-second canon, bines 16 to 32, omitting 20th and 24th ; the contents of which are in the seventh of the new canons. The language, as to the quorum and majority, has been rendered more explicit. A still more important change has been made, in excluding all spectators from the trial, except the clergy of the diocese, and the members of the vestry, with which the accused may be connected. It was thought that this would secure to the accused the presence of a sufficient number of intelligent friends to answer all the useful purposes of publicity, while it would exclude mere idlers, and persons strangers to our communion, who have properly no interest in our affairs, oor any right to interfere with them.
Canon XI. Is part of the same paragraph, lines 38 to 46, and 18 to 26 of page 112. The language is somewhat changed.
Canon XII. The twelfth canon is new, the case of clergymen renouncing the ministry is provided for by the 38th canon of the General Convention of 1832. By referring to Dr. Hawks’ Commentary on this canon it will be seen that it is in the power of the minister so renouncing, to render the proceedings under that canon void, or impossible, at his pleasure, and in a neighboring diocese it has lately been done. As it is desirable that such cases should be speedily disposed of, this canon has been provided for the purpose.
Canon XIII. Is in the twenty-second canon of 1835, first paragraph, lines 33 to 38, and 13 to 18 of page 112.
Canon XIV. Is the 36th, 37th and 38th lines of the old twenty-second canon, the 16th, 17th and 18th of page 112, and from the 48th line, bottom of the page, to the end of the paragraph.
Canon XV. Is the second paragraph of the twenty-second canon of 1835.
Canon XXIII. Is the eighteenth of 1835, as amended in 1842, (see Journal of 1842, page 16.)
Canon XXIV. Is the second of 1835.
Canon XXV. Is the first of 1835. The preamble is omitted, as less true now than formerly, and several expressions altered. The power of appointing lay readers is a little extended, but not further than it has been in practice. The power of supervision given to the members of the Standing Committee, is extended to the Bishop and to the Rector of the parish.
Canon XXVI. Is the third of 1835.
SAM, J. DONALDSON,
HUGH DAVEY EVANS.
Of the titles of Clergymen to seats in Convention. No clergyman removing from another diocese into Maryland, shall be entitled to a seat in the Convention as having been regularly and canonically elected into a parish or separate congregation, unless it shall have been signified to the Secretary of the Convention by the Bishop, or in case of a vacancy in the Episcopal office, by the President of the Standing Committee, that he had obtained from him a certificate of his Episcopal ordination and religious character; nor unless the Bishop or President shall have received from the vestry, and transmitted to the Secretary, the Certificate required by the 4th canon of the General Convention of 1835. In the case of a clergyman canonically resident in the diocese, elected into a parish or separate congregation, he shall be required, immediately after his acceptance of the appointment, to transmit to the Bishop a certificate from the Wardens and Vestry of the said election; which certificate shall
be necessary as evidence of his title to a seat in the Convention. No clergyman shall have a seat in the Convention, as an instructor of youth in any Seminary of learning, till he shall have produced to the Convention a certificate from the rector and vestry, and if there be no rector, from the vestry, of the parish in which it is situated, or of some separate congregation, within such parish, ackpowledged as such by the Convention, that he is so occupied. No clergyman shall be entitled to a seat in Convention as an infirm clergyman, unless he shall produce a certificate from some respectable physician, that his state of health anfits him for the active duties of the ministry, and there be evidence that at the time his health became infirm, he was entitled to a seat in the Convention.
Canon II. Absentees from the Convention to be noted. At every meeting of the Convention it shall be the duty of the Secretary to report the names of such clergymen entitled to seats, as may have absepted themselves from two successive Conventions, and the Convention shall take such order thereon as may be deemed expedient.
Of the erection of new Parishes or Congregations. No part of a parish shall separate itself from the residue thereof as a distinct parish, nor shall any number of members of the Protestant Episcopal Church in any parish associate themselves, as a separate congregation therein, without first obtaining leave of the Convention, who shall judge of the necessity and expediency of such separation or association. And no parish or congregation, although constituted with the consent of the Convențion, shall be considered as a part of the Protestant Episcopal Church in this State, without a strict conformity on the part of such parish or congregation to the use of the liturgy of the said Church, nor without a compliance, in the case of a parish, with the provisions of the act entitled “ An Act for the establishment of Vestries for each parish in this State," passed November session, 1798, or in case of a congregation, with the provisions of the act entitled “ An Act to incorporate certain persons in every Christian Church or Congregation in this State," and with the several supplements thereto. And in case of a separation made without the consent of the Convention, the persons so violating this canon shall be liable to be proceeded against for the breach thereof.
Provision for defraying certain Expenses. The vestry of each parish or Church shall, åt every annual Convention, pay to the treasurer such sums as may be required from them respectively, by resolution of the Convention from time to time, for the purpose of pay. ing the salary of the Bishop, the travelling expenses of the Standing Committee and the delegates to the General Convention, printing the journal, compensation to the Secretary, and other incidental expenses of the Cónvention.
of offences for which a Clergyman may be brought to trial. Every presbyter or deacon of this diocese who shall wilfully disobey the Constitution, or any canon of the General Convention of this Church, or of this diocese, or any rubric, or shall fall into a general neglect of public worship, or engage in gaming or any other vicious or corrupting amusement, or shall frequent places most liable to be abused to licentiousness, or commit any disorderly or scandalous action, or violate the fourth commandment, or any other of the Divine precepts, or his ordination vow, or shall teach or publicly avow any doctrine inconsistent with the articles or formularies of the Church, or shall renounce the exercise of the ministerial office, or separate himself from the communion of the Church, shall be liable to Ecclesiastical trial and censure.
of the mode of instituting Proceedings against Clergymen. Whenever the Bishop shall, either, from his own observation, or from any information which he shall deem worthy of notice, have reason to believe that there are grounds for an investigation into the conduct of any priest or deacon of this diocese, he may convene thre Standing Committee and lay before them the information in his possession. And whenever the Standing Committee, or a majority of them, shall, from any information so laid before them, by the Bishop, or from any other information which they, or a majority of them, may thiuk worthy of notice, be of opinion that it is proper that a judicial investigation of the conduct of any priest or deacon should take place, they shall present that fact to the Bishor, with such a