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"Take thou authority to execute the office of a deacon in the "church of God committed unto thee; in the name of the Fa"ther, and of the Son, and of the Holy Ghost. Amen."

Then shall the bishop deliver to every one of them the New Testament, saying, "Take thou authority to read the gospel in "the church of God, and to preach the same, if thou be thereto "licensed by the bishop himself." Form of Ordin.

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5. Finally, it must be declared unto the deacon, that he must continue in that office of a deacon the of a whole year (except for reasonable causes it shall otherwise seem good unto the bishop), to the intent he may be perfect, and well expert in the things appertaining to the ecclesiastical administration; in executing whereof, if he be found faithful and diligent, he may be admitted by his diocesan to the order of priesthood. Id.

VII. Form and manner of ordaining priests. (9)

1. Can. 32. The office of a deacon being a step or degree to the ministry, according to the judgment of the ancient fathers and

astical preferment in England or Ireland, or acting as curate therein, without consent and approbation of the archbishop and of the bishop of the diocese wherein any such preferment or curacy is situate. And by § 4, 5. no person after 2d July, 1819, ordained deacon or priest by a colonial bishop, who at the time of such ordination did not actually possess episcopal jurisdiction over some diocese, district or place, or was not actually resident therein, shall be capable of at any time holding preferment within H. M.'s dominions, or of being stipendiary curate or chaplain, or of officiating in any place or manner as a minister of the established church of England and Ireland. And all admissions, inductions, and appointments to curacies made contrary to this act shall be void.]

(9) The wardens of a charity school were by the statutes to nominate a master being in priest's orders, in 60 days; on default, the dean and chapter of York to appoint in 30 days; and then the bishop. Defendants nominated R. not in priest's orders, and the bishop sent notice to the chapter, who not appointing within 30 days, the bishop appointed C. who resigned into the hands of the warden, who within five days again appointed R. then in priest's orders. This case depends on the right of R.; his not being in priest's orders was an objection not to be dispensed with. But then what are priest's orders? The subsequent statutes shew such orders were meant as capacitated the person for saying mass; which now signifies, performing the service according to the liturgy. The second nomination of R. was valid on resignation of C., for the wardens were then as much patrons as at first. This is not within the reason of a lapse; and the bishop was wrong in his notice, for he should have sent a copy of the statutes to the chapter. Notice must be given of the fact, but not of the foundation of a right; as, upon notice of an avoidance, the patron

the practice of the primitive church, we do ordain and appoint, that hereafter no bishop shall make any person, of what qualities or gifts soever, a deacon and a minister both together upon one day; but that the order in that behalf prescribed in the book of making and consecrating bishops, priests and deacons, be strictly observed. Not that always every deacon should be kept from the ministry for a whole year, when the bishop shall find good cause to the contrary; but that there being now four times appointed in every year for the ordination of deacons and ministers, there may ever be some time of trial of their behaviour in the [ 41 ] office of deacon, before they be admitted to the order of priesthood.

2. At the time of ordination, the bishop shall say unto the people: Good people, these are they whom we purpose, God willing, to receive this day unto the holy office of priesthood: for after due examination, we find not to the contrary; but that they be lawfully called to their function and ministry, and that they be persons meet for the same. But yet if there be any of you, who knoweth any impediment, or notable crime in any of them, for the which he ought not to be received into this holy ministry, let him come forth in the name of God, and shew what the crime or impediment is.

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. Form of Ordin.

3. Then the bishop, sitting in his chair, shall minister to every one of them the oaths aforesaid of allegiance and supremacy. Id. 1 W. c. 8. (k)

4. Then the bishop, with the priests present, shall lay their hands severally upon the head of every one that receiveth the order of priesthood; the receivers humbly kneeling upon their knees, and the bishop saying, "Receive the Holy Ghost for the "office and work of a priest in the church of God, now com"mitted unto thee by the imposition of our hands: Whose sins "thou dost forgive, they are forgiven; and whose sins thou dost "retain, they are retained. And be thou a faithful dispenser of "the word of God, and of his holy sacraments: In the name of "the Father, and of the Son, and of the Holy Ghost."

Then the bishop shall deliver to every one of them kneeling, the Bible into his hand, saying, "Take thou authority to preach

must look to all consequences. Lord Ch. said this was not like a presentation, because the bishop could not revoke it, which the king before induction or a subject before institution might do. Defendants having a right and relator none, his bill was dismissed with costs. Atto. Gen. v. Wycliffe, 1 Ves. 80.

(k) Vid. supra, VI. 3.

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"the word of God, and to minister the holy sacraments in the "congregation, where thou shalt be lawfully appointed there"unto."

With the priests present.] By Can. 35. They who assist the bishop in laying on of hands, shall be of the cathedral church, if they may be conveniently had, or other sufficient preachers of the same diocese, to the number of three at the least.

VIII. Fees for ordination.

1. By a constitution of archbishop Stratford: For any letters of orders, the bishop's clerks or secretaries shall not receive above 6d.; and for the sealing of such letters, or to the marshals of the bishop's house for admittance, to porters, hostiaries, or shavers, nothing shall be paid: on pain of rendering double within a month; and for default thereof, the offender, if he is a clerk beneficed, shall be suspended from his office and benefice; if he is not beneficed, or a lay person, he shall be prohibited from the entrance of the church till he comply. Lind. 222.

Marshals.] They who govern the hall and inner parts of the house. Lind. 222.

Hostiaries.] Lindwood understandeth this word to signify the same as ostiaries, or persons appointed to keep the doors, and the word janitores (porters) next aforegoing to signify those who keep the gates; whereas more properly, it seemeth that janitores (or porters) doth express both of these; and that the word hostiarij (as Dr. Gibson observeth) doth denote those persons who prepared the host; for there is in the Roman pontifical a rubrick in the ordination of priests, that the bishop shall deliver to the son to be ordained, the cup with wine and water, and the paten laid upon it with the host, the bishop saying unto him, Take thou authority to offer sacrifice to God, and to celebrate mass as well for the living as for the dead, in the name of God. Gibs. 153. Shavers.] Whose office was to shave the crowns of persons to be ordained. Lind. 222.

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2. And by Can. 35. No fee or money shall be received either by the archbishop or any bishop or suffragan, either directly or indirectly, for admitting any person into sacred orders; nor shall any other person or persons under the said archbishop, bishop or suffragan, for parchment, writing, wax, sealing, or any other respect thereunto appertaining, take above 10s.: under such pains as are already by law prescribed.

above 10s.]

Or any other respect thereunto appertaining It is not lawful, saith John de Athon, to give any thing to the notary performing the duty of his office in the act of ordination; nevertheless, he says, it is otherwise as to that notary or register who writes letters testimonial for those that are ordained, for his

just salary, or somewhat more for his extraordinary trouble; although this may more securely be given voluntarily, without a preceding compact. Otho. De scrutin. ordin. v. Scriptura. [ 43 ]

Athon. 16.

And some of the modern constitutions abroad agreeing to the reasonableness of this, have, by way of restraint upon the officer, fixed the fee of writing and the other particulars, in like manner as this canon and the foregoing constitution of archbishop Stratford have done in our church. For the letters testimonial of ordination are no part of the ordination, but only taken afterwards for the security of the person ordained; and therefore the same John de Athon, in the place above mentioned says, It is safe (not, necessary) for the persons ordained to have with them the said writing or letters testimonial of ordination, under the bishop's seal, containing the names of the person ordaining and of the person ordained, and the taking of such orders, and the time and place of ordination, and the like. Gibs. 154.

IX. Simoniacal promotion to orders.

[See Simony.]

By the 31 El. c. 6. If any person shall receive or take any money fee reward or any other profit directly or indirectly, or shall take any promise agreement covenant bond or other assurance to receive or have any money fee reward or any other profit directly or indirectly, either to himself or to any other of his friends, (all ordinary and lawful fees only excepted,) for or to procure the ordaining or making of any minister, or giving of any orders or licence to preach; he shall forfeit 40l. and the person so corruptly ordained 10l.; and if at any time within seven years next after such corrupt entering into the ministry or receiving of orders, he shall accept any benefice or promotion ecclesiastical, the same shall be void immediately upon his induction investiture or installation, and the patron shall present or collate or dispose of the same as if he were dead: one moiety of which forfeitures to be to the king, and the other to him that shall sue. $ 10.

X. General office of deacons.

It appertaineth to the office of a deacon, in the church where he shall be appointed to serve, to assist the priest in divine service, and specially when he ministereth the holy communion, and to help him in the distribution thereof, and to read the holy scriptures, and homilies in the church; and to instruct the youth in the [ 44 ] catechism; in the absence of the priest to baptize infants; and to preach if he be licensed thereto by the bishop himself: And furthermore it is his office, where provision is so made, to search for the sick poor and impotent people of the parish, and to inti

mate their estates names and places where they dwell, unto the curate; that by his exhortations they may be relieved with the alms of the parishioners or others. Rubr. in the form of ordin.

To assist the priest in divine service.] Anciently, he officiated under the presbyter, in saying responses, and repeating the confession, the creed, and the Lord's prayer after him, and in such other duties of the church as now properly belong to our parish clerks, who were heretofore real clerks, attending the parish priest in those inferior offices. Gibs. 150.

And specially when he ministereth the holy communion.] But by the 13 & 14 C. 2. c. 4. No person shall presume to consecrate the sacrament of the Lord's supper, before such time as he shall be ordained priest; on pain of 100%., half to the king, and half to be equally divided between the poor of the parish where the offence shall be committed and him who shall sue in any of his majesty's courts of record; and to be disabled from being admitted to the order of priest for one whole year then next following. § 14. But this not to extend to foreigners or aliens of the foreign reformed churches allowed by the king. § 15.

Also, by the act of toleration this shall not extend to qualified protestant dissenting ministers.

And to read the holy scriptures.] This power is expressly given to him in the act of ordination before mentioned.

To search for the sick, poor, and impotent.] This is the most ancient duty of a deacon, and the immediate cause of the institution of the order. This rule was made in England while the poor subsisted chiefly by voluntary charities, and before the settlement of rates or other fixed and certain provisions; pursuant to which provision, our laws have devolved that care upon the churchwardens and overseers of the poor; which last office was created on purpose for that end. Gibs. 159.

And to intimate their estates, names, and places where they dwell, unto the curate.] That is, to the rector or vicar, who hath the cure of souls.

And here it is obvious to remark the ambiguity of the word curate, as was before observed of the word minister: sometimes [45] it expresseth the person, whether priest or deacon, who officiateth

under the rector or vicar, employed by him as his assistant, or to supply the place in his absence; sometimes it denoteth the person officiating in general, whether he be rector, vicar, or assistant curate, or whosoever performeth the service for that time; sometimes it denoteth exclusively (as in this place) the rector, vicar, or person beneficed, who hath curam animarum.

So far the office of a deacon is to be collected from the rubrick in the form of ordination, and from the form itself. And forasmuch as he is hereby permitted to baptize, to catechize, to preach, to assist in the administration of the Lord's supper; so

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