CANON IV. Of Ministers removing from one Diocese to

another.

[Repealed by the seventh Canon of 1841.]

CANON V. Of Amenability and Citations.

[Former Canons on this subject were the third of 1804, the thirty-first of 1808, the fourth of 1829, and the thirty-fifth of 1832.]

SECT. 1. Every minister shall be amenable, for offences committed by him, to the bishop, and if there be no bishop, the clerical members of the standing committee of the diocese of which he is canonically resident at the time of the charge.

SECT. 2. Unless a state convention shall otherwise provide, a citation to any minister to appear at a certain time and place for the trial of an offence shall be deemed to be duly served upon him, if a copy thereof is left at his last place of abode within the United States, sixty days before the day of appearance named therein; and in case such minister has departed from the United States, by also publishing a copy of such citation in some newspaper, printed at the seat of government of the state in which the minister is cited to appear, six months before the said day of appearance.

CANON VI. Of the Mode of Publishing Authorized Editions of the Book of Common Prayer, &c.

[Repealed by the ninth Canon of 1838.]

CANON VII. Of the Mode of securing an Accurate View of the State of the Church from time to time.

[Repealed by the eighth Canon of 1841.]

CANON VIII. Of Defraying the Expenses of the General Convention.

[Repealed by the tenth Canon of 1838.]

Done in General Convention in the City of Philadelphia, August, 1835.

By order of the House of Bishops.

WILLIAM WHITE, D.D., Presiding Bishop.

Attested, BIRD WILSON, D.D., Secretary.

By order of the House of Clerical and Lay Deputies.

WILLIAM E. WYATT, D.D., President,

Attested, HENRY ANTHON, D.D., Secretary.

CANONS

For the Government of the Protestant Episcopal Church in the United States of America. Passed in General Convention in Philadelphia, September, 1838.

CANON I. Of the Election of Bishops.

[Former Canons on this subject were the first of 1795, the second of 1808, the first of 1817, the second of 1829, the second of 1832, and the first of 1835.

SECT. 1. Any diocese in union with this church, having at the time less than six officiating presbyters residing therein, regularly settled in a parish or church, and qualified to vote for a bishop; and any diocese at the time of its organization, with a view to ask for admission into union with this church, may, by a vote of the convention thereof, request the General Convention to elect a bishop for the same. And, thereupon, the house of bishops may nominate to the house of clerical and lay deputies, for their concurrence, a suitable person for the office of bishop, who shall, in case of their concurrence, be consecrated as bishop of such diocese. The evidence of the concurrence of the clerical and lay deputies, shall be a certificate, to be signed by a constitutional majority of them, agreeably to the form required by the 3d canon of 1832, to be signed by the members of the convention in the diocese whence a person is recommended for consecration.

SECT. 2. To entitle a diocese to the choice of a bishop by the convention thereof, there must be at the time of such choice, and have been during the year previous, at least six officiating presbyters therein, regularly settled in a parish or church, and qualified to vote for a bishop; and six or more parishes represented in the convention electing. But two or more adjoining dioceses, not having respectively the requisite number of presbyters, to entitle either to the choice of a bishop, may associate and proceed to the choice of a bishop, to exercise jurisdiction alike in each of the associated dioceses, if there be at the time of such choice, and have been during the year previous, nine or more such presbyters residing in any part of such associated dioceses qualified as aforesaid; and the bishop so elected shall exercise episcopal jurisdiction over each of the associated dioceses, until such time as

some one of the said dioceses, having six or more presbyters canonically qualified to elect a bishop, shall elect him, and he shall have accepted the office as its own exclusive diocesan: whereupon, his connection with the other associated diocese, or dioceses, shall cease and determine: provided always, that the dioceses thus associating in the election of a common bishop, and the conventions thereof, shall in all other respects remain as before, unconnected and independent of each other; and, provided also, that such association shall be dissolved on the demise of the bishop, if not before.

SECT. 3. A minister is settled for all purposes here or elsewhere mentioned in these canons, who has been engaged permanently by any parish, according to the rules of said diocese, or for any term not less than one year.

SECT. 4. The 2d canon of 1832, the special canon of 1832, and the 1st canon of 1835, are hereby repealed.

CANON II. Of Missionary Bishops.

[The former Canon on this subject was the second of 1835.] SECT. 1. The house of clerical and lay deputies may, from time to time, on nomination by the house of bishops, elect a suitable person or persons to be a bishop, or bishops, of this church, to exercise episcopal functions in States or Territories not organized into dioceses. The evidence of such election shall be a certificate, to be subscribed by a constitutional majority of said house of clerical and lay deputies, in the form required by the 3d canon of 1832, to be given by the members of diocesan conventions on the recommendation of bishops elect for consecration, which certificate shall be produced to the house of bishops; and if the house of bishops shall consent to the consecration, they may take order for that purpose.

SECT. 2. The bishop or bishops so elected and consecrated, shall exercise episcopal functions in such States and Territories, in conformity with the constitution and canons of the church, and under such regulations and instructions, not inconsistent therewith, as the house of bishops may prescribe.

SECT. 3. The jurisdiction of this church, extending in right, though not always in form, to all persons belonging to it within the United States, it is hereby enacted, that each missionary bishop shall have jurisdiction over the clergy in the district assigned him; and may, in case a presentment and trial of a clergyman become proper, request the action of any presbyters and standing committee, in any diocese sufficiently near, and the presentment and trial shall be according to the constitution and

canons of said diocese. And the house of bishops may at any time increase or diminish the number of States or Territories, over which the said bishop or bishops shall exercise episcopal functions. And in case of the death or resignation of a missionary bishop, the charge of the vacant missionary episcopate shall devolve on the Senior Bishop of this church, with the power of appointing some other bishop as his substitute in the said charge.

SECT. 4. The house of clerical and lay deputies may, on nomi. nation by the house of bishops, in like manner, from time to time, elect, and the house of bishops consenting thereto, may, in like manner, take order for the consecration of a suitable person to be a bishop of this church, to exercise episcopal functions in any place or places out of the territory of the United States, which the house of bishops may designate.

SECT. 5. Any bishop or bishops elected and consecrated under this canon, shall be entitled to a seat in the house of bishops, and shall be eligible to the office of diocesan bishop in any or ganized diocese within the United States.

SECT. 6. Every such bishop shall report to each General Con vention his proceedings, and the state and condition of the church in said States and Territories, and place or places out of the territory of the United States, and at least once a year make a report to the Board of Missions.

SECT. 7. The second canon of 1835 is hereby repealed.

CANON III. Of the Performance of Episcopal Duties in Vacant Dioceses.

(Former Canous on this subject were the first of 1795, the twentieth of 1808, and the seventh of 1832 ]

SECT. I. Any bishop, assistant bishop, or missionary bishop, may, on the invitation of the convention, or the standing com mittee of any Diocese where there is no bishop, visit and perform episcopal offices in that diocese, or in any part thereof. And this invitation may be temporary; and it may, at any time, be revoked.

SECT. 2. A diocese without a bishop may, by its convention, be placed under the full episcopal charge and authority of the bishop of another diocese, or of a missionary bishop, who shall, by that act, become the bishop also of the said vacant diocese, until a bishop is duly elected and consecrated for the same, or until the said act of its convention be revoked. And in case there shall be an assistant bishop of the diocese under the episcopal charge of whose bishop the diocese without a bishop shall be placed, the said assistant bishop shall have the like charge

and authority therein as he has in the diocese of which he has been chosen assistant bishop.

SECT. 3. No diocese thus placed under the full charge and authority of the bishop of another diocese, or of a missionary bishop, shall invite a second bishop to perform any episcopal duty, or exercise authority, till its connection with the first bishop has expired, or is revoked.

SECT. 4. The seventh canon of 1832 is hereby repealed.

CANON IV. Of Candidates for Orders.

[Repealed by the ninth Canon of 1841.]

CANON V. Of the Learning of those who are to be ordained.

[Former Canons on this subject were the seventh of 1789, altered in 1792, the fourth of 1795, the fourth of 1799, the second of 1801, the ninth of 1808, and the thirteenth of 1832.]

SECT. 1. No person shall be ordained in this church until he shall have satisfied the bishop and the presbyters by whom he shall be examined, that he is well acquainted with the Holy Scriptures, can read the Old Testament in the Hebrew language, and the New Testament in the original Greek, is adequately acquainted with the Latin tongue, and that he hath a competent knowledge of natural and moral philosophy, and church history, and hath paid attention to composition and pulpit eloquence, as means of giving additional efficacy to his labors; unless the bishop, with the consent of the standing committee of his diocese, has dispensed with the knowledge of the Latin and Greek languages, and other branches of learning not strictly ecclesiastical, in consideration of such other qualifications for the gospel ministry as are set forth in the fourth section of Canon VI. The dispensation with a knowledge of the Hebrew language to be regarded as in Canon VI.

SECT. 2. The thirteenth canon of 1832 is hereby repealed.

CANON VI. Candidates for Orders Ineligible to the General Convention.

No person who is a candidate for holy orders in this church, shall be permitted to accept from any diocesan convention an appointment as a lay deputy to the house of clerical and lay deputies of the General Convention.