ecclefiaftical promotions, to which the incumbents are admitted by collation or inftitution, of which a deacon as aforefaid is not therefore capable; yet the king's profeffor of the law within the univerfity of Oxford, may have and hold the prebend of Shipton within the cathedral church of Sarum, united and annexed to the place of the fame king's professor for the time being, although that the faid profeffor be but a layman. Watf. c. 14. 13 & 14 C. 2. 6. 4. f. 29. XI. General office of priests. A priest by his ordination receiveth authority to preach the word of God, and to confecrate and administer the holy communion, in the congregation where he shall be lawfully appointed thereunto. Yet, notwithstanding, by Can. 36. he may not preach without a licence either of the archbishop, or of the bifhop of the diocese where he is placed, under their hands and feals, or of one of the two univerfities under their feals like wife. But a licence by the bishop of any diocefe is fufficient, altho' it be only to preach within his diocefe; the ftatute not requiring any licence by the bifhop of the diocese where the church is. Watf. c. 14. Dr. Watfon fays, that if a perfon, who is a mere layman, be admitted and inftituted to a benefice with cure, and doth adminifter the facrament, marry, and the like; thefe, and all other fpiritual acts performed by him during the time he continues parfon in fact, are good; fo that the perfons baptized by him are not to be rebaptized, nor perfons married by him to be married again, to fatisfy the law. Watf. c. 14. Cro. El. 775 XII. Exbibiting letters of orders. 1. Can. 137. Every parfon, vicar, and curate, fhall at the bishop's firft vifitation, or at the next vifitation, after his admiffion, fhew and exhibit unto him his letters of orders, to be by him either allowed, or (if there be just caufe) difallowed and rejected; and being by him approved, to be figned by the regifter; the whole fees for which, to be paid but once in the whole time of every bifhop, and afterwards but half the faid fees, 2. Arund. No curate fhall be admitted to officiate in another diocese, unless he bring with him his letters of orders. Lindw. 48. 3. Can. 1 3. Can. 39. No bifhop fhall inftitute any to a benefice, who hath been ordained by any other bifhop, except he first flew unto him his letters of orders. 4. By the 4 H. 7. c. 13. If any perfon, at the fecond time of afking his clergy, because he is within orders, hath not there ready his letters of orders, or a certificate of his ordinary witneffing the fame; the justices afore whom he is arraigned, fhall give him a day to bring in his faidletters or certificate; and if he fail in fo doing, he shall lofe the benefit of his clergy, as he shall do that is without orders. XIII. Archbishop Wake's directions to the bishops of bis province in relation to orders. It is judged proper here to fubjoin archbishop Wake's Jetter to the bishops of the province of Canterbury, dated June 5, 1716, which, although it concerneth other matters befides thofe of ordination, yet fince the due conferring of orders appeareth to be the principal regard thereof it feemeth best to infert the fame intire in this place; and to refer to it here at large from thofe other titles, unto which it hath some relation. As to its authority, it is certain (as hath been observed before) that in itself it hath not the force of law, nor is it fo intended, or to be of any binding obligation to the church, further than the archbishops and bishops from time to time shall judge expedient; I mean, as to those parts of it which only concern matters that the law hath left indefinite, and difcretionary in the archbishops and bishops. Other parts thereof are 'only inforcements of what was the law of the church before; and those, without doubt, are of perpetual obligation: not by the authority of thefe injunctions, but by virtue of the laws upon which they are founded. My very good lord, Being by the providence of God called to the metropolitical fee of this province, I thought it incumbent upon me to confult as many of my brethren, the bishops of the fame province, as were here met together during this feffion of parliament, in what manner we might beft employ that authority which the ecclefiaftical laws now in force, and the custom and laws of this realm, have vefted in us, for the honour of God, and for the edification of his church, cornmitted to our charge: And upon ferious confideration of this matter, we all of us agreed in the fame opinionTM that that we fhould, by the bleffing of God upon our honeft In pursuance of those refolutions, to which we unanimoufly agreed, I do now very earnestly recommend to you; (I) That you require of every person who defires to be admitted to boly orders, that be fignify to you his name and place of abode, and tranfmit to you his teftimonial, and a certificate of his age duly attested, with the title upon which he is to be ordained at least twenty days before the time of ordination; and that be appear on Wednesday, or at farthest on Thursday in ember-week, in order to his examination. (II) That if you shall rejeɛ any person, who applies for holy orders, upon the account if immorality proved against him, you fignify the name of the perfon fo rejected, with the reafon of your rejecting him, to me, within one month; that fo I may acquaint the rest of my fuffragans with the cafe of such rejected perfon before the next ordination. (III) That you admit not any person to holy orders, who baving refided any confiderable time out of the univerfity, does not fend to you, with his teftimonial, a certificate figned by the minifter, and other credible inhabitants of the parish where he fo refided, expreffing that notice was given in the church, in time of divine fervice, on fome funday, at least a month before the day of ordination, of his intention to offer himself to be ordained at fuch a time; to the end that any person who knows any impediment, or notable crime, for which he ought not to be ordained, may have opportunity to make his objections against bim. (IV) That you admit not letters teflimonial, on any occafion whatsoever, unless it be therein expressed, for what particular end and defign fuch letters are granted; nor unless it be declared by those who fhall fign them, that they have perfonally known the life and behaviour of the perfon for the time by them certified; and do believe in their confcience, that he is qualified for that order, office, or employment, to which he defires to be admaisted. (V) That (V) That in all teftimonials fent from any college or hall, in either of the universities, you expect that they be figned, as well as fealed; and that among the perfons figning, the governor of Juch college or ball, or in his abfence, the next person under fuch gevernor, with the dean, or reader of divinity, and the tutor of the perfon to whom the testimonial is granted, (fuch tutor being in the college, and such person being under the degree of master of arts,) do fubfcribe their names. (VI) That you admit not any person to holy orders upon letters dimiffory, unless they are granted by the bishop himself, or guardian of the fpiritualties fede vacante; nor unless it be expreffed in fuch letters, that he who grants them, has fully fatis fied himself of the title and converfation of the perfon to whom the letter is granted. 1 (VII) That you make diligent inquiry concerning curates in your diocefe, and proceed to ecclefiaftical cenfures against those who shall prefume to ferve cures without being first duly licensed thereunto; as alfo against all fuch incumbents who shall receive and employ them, without firft obtaining fuch licence. (VIII) That you do not by any means admit of any minister, who removes from any other diocefe, to ferve as a curate in yours, without teflimony of the bishop of that diccefe, or ordinary of the peculiar jurifdiction from whence he comes, in writing, of his honefly, ability, and conformity to the ecclefiaftical laws of the church of England. (IX) That you do not allow any minifler to ferve more than one church or chapel in one day, except that chapel be a member of the parish church, or united thereunto; and unless the said church or chapel where fuch a minifter fhall ferve in two places, be not able in your judgment to maintain a curate. (X) That in the inftrument of licence granted to any curate, you appoint him a fufficient falary, according to the power vested in you by the laws of the church, and the particular direction of a late act of parliament for the better maintenance of curates. (XI) That in licences to be granted to perfons to ferve any cure, you caufe to be inferted, after the mention of the particular cure provided for by fuch licences, a claufe to this effect (or in any other parish within the diocefe, to which fuch curate fhall remove with the consent of the bishop]. (XII) That you take care, as much as poffible, that whofoever is admitted to serve any cure, do refide in the parish where he is to ferve; efpecially in livings that are able to fupport a refident curate: and where that cannot be done, that they do at leaft refide fo near to the place, that they may conveniently perform all their duties both in the church and parish. Thefe, Thefe, my lord, were the orders and refolutions, to which we all agreed; and which I do hereby tranfmit to you; defiring you to communicate them to the clergy of your diocefe with an affurance that you are refolved, by the grace of God, to direct your practice in these particu lars agreeably thereunto. And fo commending you to the bleffing of God in thefe, and all your other pious endeavours, for the fervice of his church, I heartily remain, my very good lord, your truly affectionate brother, (1) That you require of every person &c] By this first article fix things are required: viz. (1) That he fignify to you his name and place of abode] It may be so ordered, that this thall be fet forth in the teftimonial, or title or both; but it seemeth rather, that by this article a diftinct inftrument is required for the fignification thereof. (2) And tranfmit to you bis teftimonial] According to the 34th canon, and the fourth and fifth articles of thefe directions. (3) And a certificate of his age duly attefted] That is, from the regifter book, under the hands of the minifter and churchwardens of the parifh where he was baptized; or, where that cannot be had, by other fufficient teftimony. (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 aforefaid, the title and teftimonial are required to be exhibited at the time of ordination: but by these directions, they are to be tranfmitted for fo long time before, as that there may be opportunity to make inquiry, if needful, into any of the particulars therein contained. (5) 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 fhall appear on the fourth day before the ordination. (II) That if you shall reject &c.] This fecond article, of fignifying the names of perfons rejected for immorality to the archbishop, 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 alfo a reafonable provifion, and agreeable to foreign practice (as E 2 hath |