[51] parish within the diocese, to which such curate shall remove with the consent of the bishop.] (XII.) That you take care, as much as possible, that whosoever is admitted to serve any cure, do reside in the parish where he is to serve; especially in livings that are able to support a resident curate: and where that cannot be done, that they do at least reside so near to the place, that they may conveniently perform all their duties both in the church and parish. These, my lord, were the orders and resolutions, to which we all agreed; and which I do hereby transmit to you; desiring you to communicate them to the clergy of your diocese with an assurance that you are resolved, by the grace of God, to direct your practice in these particulars agreeably thereunto. And so commending you to the blessing of God in these, and all your other pious endeavours, for the service of his church, I heartily remain, My very good lord, Your truly affectionate brother, W. CANT. (I.) That you require of every person, &c.] By this first article six things are required: viz. (1.) That he signify to you his name and place of abode] It may be so ordered, that this shall be set forth in the testimonial, or title, or both; but it seemeth rather, that by this article a distinct instrument is required for the signification thereof. (2.) And transmit to you his testimonial] According to the 34th canon, and the fourth and fifth articles of these directions. (3.) And a certificate of his age duly attested] That is, from the register book, under the hands of the minister and churchwardens of the parish where he was baptized; or, where that cannot be had, by other sufficient testimony. (4.) With the title upon which he is to be ordained] According to the tenor of the thirty-third canon before mentioned. (5.) At least twenty days before the time of ordination] By the canons aforesaid, the title and testimonial are required to be exhibited at the time of ordination: but by these directions, they are to be transmitted for so long time before, as that there may be opportunity to make enquiry, if needful, into any of the particulars therein contained. (6.) And that he appear on Wednesday, or at farthest on Thursday in ember week] This is agreeable to the canon law before mentioned out of Lindwood, that he shall appear on the fourth day before the ordination. (II.) That if you shall reject, &c.] This second article, of signifying the names of persons rejected for immorality to the arch 9 bishop, is a prudent caution; and was not provided for before by any law. (III.) That you admit not any person, &c.] This article, concerning notice to be given in the church, is also a reasonable provision, and agreeable to foreign practice (as hath been observed) although not particularly injoined by any law in our church. In the present directions, as delivered by the archbishops of late years, there is an alteration in this article: Instead of the expression, that the minister and others shall certify "that notice "was given in the church 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 the which he ought not to be "ordained, may have opportunity to make his objections against "him," (that is, to the bishop, as it seemeth);—it now runs, that they shall certify, "that such notice was given, and that upon "such notice given no objections have come to their knowledge, for "the which he ought not to be ordained," (which implies the objections to be notified to the persons signing the certificate.) (IV.) That you admit not letters testimonial, &c.] This and the next article concerning testimonials are supplementary to the thirty-fourth canon; and for their obligation do depend on these injunctions, and not on any fixed law; and therefore may be varied from time to time, as the archbishops and bishops shall see cause. (V.) That in all testimonials sent from any college, &c.] By the canon, the common seal only of the college was required, which indeed of itself (as in all other bodies corporate) doth imply a consent of the major part of the society: This article doth further require a quorum (as it were); namely, that of the said major part, the head of the college, the dean, and the tutor, be three; and the same to appear by the subscription of their names. So that ordinarily it seemeth to be in the power of any one of those three, to prohibit any person of their college from being ordained; which thing perhaps may require some farther consideration. And it is much to the honour of the universities, that for so long time there have been no instances of the abuse of this power. (VI.) That you admit not any person into holy orders upon letters dimissory, &c.] The article concerning letters dimissory, is only an admonition to put in due execution, what was the law of the church before. [ 52 ] (VII.) That you make diligent inquiry concerning curates in your diocese who shall presume to serve cures without being first duly licensed] The substance of this article, concerning the licensing of curates, was injoined before by several canons of the church. (VIII.) That you do not by any means admit of any minister, [ 53 ] who removes from another diocese, to serve as a curate in yours, without testimony of the bishop of that diocese, of his honesty, ability, &c.] This article concerning curates bringing testimonials from other dioceses, is nearly in the words of the forty-eighth canon. In the present rules, instead of the word honesty (which is taken from the canon), are inserted the words good life. (IX.) That you do not allow any minister to serve more than one church or chapel in one day] This article also is in the words of the forty-eighth canon. (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] There seemeth to be no particular law of the church, by which any certain sum is limited for the stipend of curates in general, but such as are obsolete and ineffectual by reason of the great alteration in the value of money. But the ordinary may refuse to license the curate, unless the incumbent shall in his nomination and appointment promise to pay unto the curate such a certain annual sum. And the particular direction of a late act of Parliament] Which act is that of the 12 An. st. 2. c. 12. for the curates of non-residents only; by which the ordinary hath power, according to the value of the living and the difficulty of the cure, to appoint a salary not exceeding fifty pounds a-year, nor less than twenty. (XI.) The clause to be inserted in the licence, that the same shall serve for any other parish within the diocese, is not injoined by any express law, but is very reasonable, being intended for the benefit of curates, that having been once examined and approved by the ordinary, they shall not need to be at the expence of a new licence for any other place unto which they shall remove within the diocese. Which clause is omitted out of the present directions, supposing it perhaps to be unnecessary, in a matter the utility whereof is self-evident. -- (XII.) This article concerning the curate's residence within the parish, is agreeable to the ancient laws of the church: and if the curate shall not comply with the ordinary's directions therein, the said ordinary may withdraw his licence. To these directions, two others have been subjoined of late years: ONE is, That you be very cautious in accepting resignations; and endeavour, with the utmost care, by every legal method, to guard [54] against corrupt and simoniacal presentations to benefices. This seemeth to be intended to counteract the purpose of bonds of resignation; for if the bishop will not accept, the resignation is ineffectual. The OTHER is, That your clergy be required to wear their proper habits, preserving always an evident and decent distinction from the laity in their apparel; and to shew, in their whole behaviour, that seriousness, gravity, and prudence, which becomes the function; abstaining from all unsuitable company and diversions. The word canonical, with respect to the habit, seems here to have been purposely omitted; since no certain standard of dress can be conveniently limited by any canon or other law; and therefore general directions can only be applicable in such cases. UPON the whole, with respect to the matter before us, whilst these directions continue to be the rule in practice, there are these five instruments to be transmitted to the bishop, at least twenty days before the time of ordination, by every person desiring to be ordained; viz. First, a signification of his name and place of abode. Secondly, a certificate of publication having been made in the church, of his design to enter into holy orders. Thirdly, letters testimonial of his good life and behaviour. Fifthly, the title upon which he is to be ordained. And moreover, if he comes for priest's orders, he must exhibit to the bishop his letters of orders for deacon. Form of a title for orders. There is no particular form of a title prescribed by any canon, or other law that which is most usual and approved seemeth to be as followeth : To the right reverend father in God Richard lord bishop of London. These are to certify your lordship, that I A. B. rector [or, vicar] ofin the county of· and your lordship's diocese of London, do hereby nominate and appoint C. D. to perform the office of a curate in my church of aforesaid, and do promise to allow him the yearly sum of· - for his maintenance in the same, and to continue him to officiate in my said church until he shall be otherwise provided of some ecclesiastical preferment, unless by fault by him committed he shall be lawfully removed from the same. And I do solemnly declare, that I do not fraudulently give this certificate only to intitle the said C. D. to receive holy orders, but with a real [55] intention to employ him in my said church according to what is before expressed. Witness my hand this year of our Lord day of Form of a testimonial for orders. in the The canon and the statute before mentioned, evidently make a distinction between the testimonial for deacon's, and the testimonial for priest's orders. In pursuance whereof, for deacon's orders, no more by the canon seemeth to be required than this: If it is from a college; college in We the master and fellows of do hereby testify, that A. B. whose life and behaviour we have known for the space of three years now last past, is a person of good life and conversation. Given under the seal of our college, the in the year of our Lord If it is not from a college; day of We whose names and seals are hereunto set, do hereby testify, that A. B. whose life and behaviour we have known for the space of three years now last past, is a person of good life and conversation. Given under our hands and seals the year of our Lord day of in the But something more is required in the testimonial for priest's orders by the aforesaid statute of the 13 El. c. 12. As thus ; We do hereby testify, that A. B. whose life and behaviour we have known for the space of three years now last past, is a person of good and honest life and conversation, and professeth the doctrine expressed in the articles of religion agreed upon by the archbishops and bishops of both provinces, and the whole clergy in the convocation holden at London in the year of our Lord one thousand five hundred and sixty-two. Given under, &c. But by the aforesaid directions of archbishop Wake, somewhat further is required, in the testimonial both for deacon's and for priest's orders; namely, (1) that the same do express for what particular end and design it is granted; and (2) that the persons signing the same do declare therein, that they have personally known the life and behaviour of the person for the time by them certified; and (3) that they do believe in their conscience, that he is qualified for that order, office, or employment, to which he desires to be admitted; and (4) that if the testimonial is from a [56] college, it be signed as well as sealed by the particular members of the college therein specified. It doth not appear to have been clearly understood, what the intention was in directing that the testimonial should express for what particular end and design it is granted: the causes usually alleged are, that it is a man's duty to bear witness to the truth; that the party hath requested such testimonial; and that they are willing to comply with such request: But these (such as they are) are general reasons, and do not at all express the special end and design of granting such a particular testimonial. However, the usual form of a testimonial, according to Mr. Ecton, is to this effect: |