Form of testimonial. of his good and honest life and conversation and other due qualifications, to be granted to him; We whose names and seals are hereunto set, do testify by these presents, that we have personally known the life and behaviour of the aforesaid A. B. for the space of three years now last past; and that he has, during the said time, been a person of good and honest life and conversation; and that he professes 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; and we do believe in our consciences, that the said A. B. is qualified to be admitted (if it shall so please your lordship), to the holy order of deacon [or priest]. Given under our hands and seals the day of in the year of our Lord Hath declared unto us his Intention of offering himself a Candidate for the Holy Order of Deacon.]—This, according to the archbishop's directions, seems to express the particular end and design for which the testimonial is granted. That we have personally known the Life and Behaviour, &c.]-And not by way of recital, whose life and behaviour we have known, or having been personally known unto us, or the like; for the archbishop's directions in this case do require a positive declaration. And that he has during the said Time been a Person of good and honest Life and Conversation.]-This is required by the canon and the statute aforegoing: And herein the persons signing the testimonial do undertake for his behaviour. And that he professes the Doctrine, &c.]-Herein they undertake for his orthodoxy: and this by the statute aforesaid is required to be peremptory and express; and not so far as we know, or the like, for it is possible they may not have used the proper means of information. And we do believe in our Consciences, &c.]-In order to the forming of which belief, some sort of previous examination of the party by the persons signing the testimonial, seems to be implied: And herein they undertake for his learning. Whereas, before, for deacon's orders, they did only take upon them the knowledge of his behaviour; for priest's orders, of his behaviour and orthodoxy; but now for both by these directions, they are to take upon them the knowledge of his behaviour, orthodoxy and learning: Although this last is most properly the bishop's province, and not at all the less so, notwithstanding such testimonial. SECT. 16.-Foreign Ordination. The important question as to the effect of foreign ordination (i) on the capacity of those so ordained to hold offices in the English Church, and conversely the authority, canonical and constitutional, to ordain ministers who are to discharge their functions out of England will be considered in a later chapter (k). It may be as well to observe here that the following statutes relate to this subject: 24 Geo. 3, sess. 2, c. 35, " An act to empower the Bishop Statutes upon of London for the time being, or any other bishop to be by this subject. him appointed, to admit to the order of deacon or priest persons being subjects or citizens of countries out of His Majesty's dominions without requiring them to take the oath of allegiance as appointed by law." 26 Geo. 3, c. 84, "An act to empower the Archbishop of Canterbury or the Archbishop of York for the time being to consecrate to the office of a bishop persons being subjects or citizens of countries out of His Majesty's dominions." (Now repealed.) 59 Geo. 3, c. 60, "An act to permit the Archbishops of Canterbury and York and the Bishop of London for the time being to admit persons into holy orders specially for the Colonies." 3 & 4 Vict. c. 33, "An act to make certain provisions (i) The sequel of the passage from the Preface to the Ordination Service cited above, p. 110, is, "And therefore to the intent that these orders may be continued, and reverently used and esteemed in the Church of England, no man shall be accounted or taken to be a lawful bishop, priest or deacon in the Church of England, or suffered to execute any of the said functions except he be called, tried, examined and admitted thereunto according to the form hereafter following, or hath had formerly episcopal consecration or ordination." On these last words, Bishop Gibson (vol. i. p. 99) remarks, "This last clause seems designed to allow of Romish converted priests, who were ordained by bishops before, and whom we receive without re-ordination (if they renounce P. VOL. I. their errors), because that church priests admitted into our church; (k) See later chapters on this L Statutes upon this subject. and regulations in respect to the exercise within England and Ireland of their office by the bishops and clergy of the Protestant Episcopal Church in Scotland; and also to extend such provisions and regulations to the bishops and clergy of the Protestant Episcopal Church in the United States of America; and also to make further regulations in respect to bishops and clergy other than those of the United Church of England and Ireland.” 5 Vict. c. 6," An act to amend an act made in the twenty-sixth year of the reign of His Majesty King George the Third, intituled An act to empower the Archbishop of Canterbury or the Archbishop of York for the time being to consecrate to the office of a bishop persons being subjects or citizens of countries out of His Majesty's dominions.' 15 & 16 Vict. c. 52, " An act to enable Colonial and other bishops to perform certain episcopal functions under commission from bishops of England and Ireland." 16 & 17 Vict. c. 49," An act to extend the provisions of an act of the fifteenth and sixteenth years of Her present Majesty, intituled An act to enable Colonial and other bishops to perform certain episcopal functions, under commission from bishops of England and Ireland.'" 26 & 27 Vict. c. 121," An act to establish the validity of acts performed in Her Majesty's possessions abroad by certain clergymen ordained in foreign parts, and to extend the powers of Colonial Legislatures with respect to such clergymen." 27 & 28 Vict. c. 94, "An act to remove disabilities affecting the bishops and clergy of the Protestant Episcopal Church in Scotland." CHAPTER IV. DEANS AND CHAPTERS. SECT. 1.-Preliminary. 2. The General Law as to Deans and Chapters. 3.-The Law since the Statutes of William IV. and Victoria. SECT. 1.-Preliminary. THE subject of deans, chapters (1) and cathedrals in Divisions of England admits of the following divisions: 1. The general law as to these institutions. 2. The law since the statutes of William the Fourth and Queen Victoria. The original council of the bishop was, as has been seen, the presbyterium, that is, the priests and deacons of his diocese. Bishop Augustine, at the beginning of the fifth century, introduced the monastic common life, or cœnobium, among his clergy. These communities gradually, during the interval between the tenth and the twelfth century, became powerful and richly endowed. corporations, recognized as such not only by canons, but (1) Greg. III. 9, Sext. III. 8. Ne sede vacante aliquid innovetur, Greg. III. 10. De his quæ fiunt a prælato sine consensu capituli, III. 11. De his quæ fiunt a majori parte capituli. C. 1, XI., de his quæ fiunt (3, 11). Cum in cunctis ecclesiis, quod pluribus et sanioribus fratribus visum fuerit, incunctanter debeat observari; grave nimis est, et reprehensione dignissimum, quod per quasdam ecclesias pauci quandoque non tam de ratione quam de propria voluntate ad ordinationem ecclesiasticam procedere non permittunt. Quocirca præsenti decreto statuimus, ut nisi a paucioribus et inferioribus aliquid rationabiliter objectum fuerit et ostensum, adpellatione subject. also by municipal law, and with cathedrals privileged beyond other churches. Cathedral chapters. SECT. 2.-The General Laws as to Deans and Chapters. Dr. Kennet observes in his Parochial Antiquities, that the origin of the different cathedral churches in this country may be traced to three different classes of institutions. First, an establishment consisting of a bishop, dean and canons, all living together at one cathedral city, whose occupation and duty was the maintenance and diffusion of religion throughout the diocese, of which the cathedral was the "mater ecclesia." Of this class are all the cathedral foundations, whatever formal variations they may have undergone, which at present remain, for into this species of foundation the force of circumstances and the course of time have merged the two which follow. Secondly, the conventual cathedrals, which learned men consider almost peculiar to the English church; their constitution was formed by monks under subordination to a prior, resembling in a great degree the cathedrals governed by a dean and canons, both as to the construction of their chapter, and the nature of their privileges; eight of these conventual cathedrals were formally constituted by Henry VIII. cathedral churches, the election of their bishop being transferred from a prior and convent to a dean and chapter. Thirdly, and lastly, monasteries unconnected with any bishop, which Henry VIII. incorporated as cathedral churches with the new sees, which he raised upon the ruins of church property at the time of the Reformation. Bishop Stillingfleet establishes, by a very learned and complete demonstration, that chapters were the bishop's council, answering to the "collegium decurionum" of every Roman corporation-that they were called "episcopi confratres, consiliarii assessores, membra episcopatûs," and cites Lord Coke's (m) words: "The dean and chapter were appointed as a council to the bishop, with whom he is to consult in all cases of difficulty, to which purpose every bishop 'habet cathedram,' and who are to consent to every grant, &c.; and in the case of the dean and chapter of Norwich their being is declared to be so necessary that although they should depart with their possessions, yet for necessity the corporation doth remain, as well to assist the bishop in his (m) 3 Rep. 75. |