the fame Law acknowledged, that the Ordinary had power to regulate what was given for charitable Ufes, before the making of this Act, and that nothing contain'd in this Act shall be prejudicial to this Power.

As the Archbishops, fo every Bishop has two feveral forts of Power; the first, that which cannot be delegated to any that is not a Bishop, viz. to Ordain; to Confirm Perfons that have been Baptized; to Depofe or Degrade Clergymen : to Confecrate Churches, &c. The other fort of Power, that every Bishop, as well as Archbishop, has within his own Diocefe, is, that which is now commonly delegated to Doctors of Law, or other Laymen; which is to prove Wills, to licenfe School-Mafters, Phyficians, Chirurge

ons,

*Bishops by the Canon Law, and even by the Common Law of the Nation, have ever had the fole Power of Licenfing School-Mafters. By Stat. 23 Eliz.c. 3. They who keep a School-Mafter without Licenfe, or who avfents himself from Church, forfeit 101. per Month; and the Schoolmaster fuffers a Years Imprisonment, without Bail, and is for ever difabled to teach. Both the unlicensed Schoolmafter, and be that retains him, (tho but in a Family) forfeit 40s. per diem each, by Stat. 1 Jacob. I. c. 4. The Act of Uniformity made in the 14th Year of Charles II. obliges the Schoolmafter before be be licens'd, to promife Conformity to the Liturgy, and if he refufe, his Place is made void by that Act. To teach without Licenfe was forbid by the fame Statute, under the Penalty of three Months Imprisonment, for the first

Offence;

ons, &c. See Stat. 3 Hen. VIII. c. 11. to hear Caufes of Matrimony, Tythes, Defamation, and whatever other Matters are of Ecclefiaftical Cognizance; to hold Vifitations, and decree Ex

Offence; and three Months Imprisonment, and the forfeit of 51. for the fecond, and every following Offence. Many Schifmatical Schoolmasters were profecuted on this Statute in the Ecclefiaftical Courts, but the Judges were not willing to determine how far the Act of Toleration (as 'tis called) affected the Act of Uniformity, and fo not only Schools, but Academies were publickly kept by notorius Nonconformists, till that wholesome Law was made by the most Memorable Parlia-. ment in the laft Year of Q. Anne's Reign, entitled, An Act to prevent the Growth of Schifin, 8c. By this Statute a Penalty of three Months Imprisonment is laid on him that teaches School without Licenfe, and without promifing Conformity. Further, in order to obtain a Licenfe, the Schoolmaster must bring to the Ordinary a Certificate of his having received the Sacrament within one Year next before, under the Hand of the Minifler and one Churchwarden of the Parish Church wherein he received it; and he must also take and fubfcribe the Oaths of Allegiance and Supremacy, and take the Teft before the Ordinary, who grants the Licenfe. If after being thus Licenjed, and while he teaches School, he go to any Meeting for the exercife of Religion, where the Common-Prayer is not used (and particularly the Prayer for the Royal Family, in the words appointed by Authority) he is from thenceforth difabled

Excommunications, which are to be denounc'd by the Curate of the Parish where the Party Excommunicate dwells.

All

difabled from teaching School. And he who tea ches any Catechifm, but the Church Catechism, voids bis Licenfe. The Offender may be profecu ted by the Ecclefiaftical Law, but not punish'd twice for the fame Offence. Tutors in Univerfities are not affected by this Act. Tutors kept by Noblemen in their Families, are not to take Licenfe; but in all other refpects to qualify themfelves as other Schoolmasters. Foreigners of the Reformed Religion, allow'd by the Queen or her Heirs, are exempted from the Penalties of this Act. He who is convicted for going to a Meeting, after being licensed, and fo is difabled from Teaching, may render bimfelf capable again by conforming to the Church of England, and for bearing other Meetings for one Year, and receiving the Sacrament thrice in that Year: but then he must renew his Licenfe, Subfcriptions, &c. and further, he must take Oath in Writing, at fome Court at Westminster, or at QuarterSeffions in the place where he refides, the next Term, or the next Quarter-Seffions after he takes. upon him to teach School, that he hath conformed to the Church of England for one Year laft paft, without being prefent at any Conventicle; and that be bath thrice received the Sacrament within that Year. This Act extends not to fuch as inftruct Youth in Reading, Writing, Arithmetic, or Mathematical Learning, fo far as fuch Mathematical Learning relates to Naviga

All Bifhops are Peers of the Realm, and Lords of Parliament (except the Bishop of Man) and have Precedence of all Temporal Barons, and the Bifhops of London, Winchester and Durham, before the others; the reft take place according to that Order or Series in which they were Confecrated. The Bishop of London is faid to be Dean, the Bishop of Winchester Chancellor, the Bishop of Sarum Precentor of the Provincial College. Lyndwood gives this as a Reason, why the old Service, ad ufum Sarum, prevail'd in. this Province, de Feriis Angl. Eccl.

Ever fince the Reign of William the Conqueror, the Bishops hold their Temporalities per Baroniam, by which they are bound to attend the King in Parliament. In the preceeding Ages they were always called to the Great Councils, together with the Proceres Regni, but were not very forward to come. What now is courted as a Privilege, was then avoided as Service and Burden.

Every Man which is to be ordained, or confecrated Bishop, fhall be full thirty Years of Age. Pref. to the Ordination Service.

At the end of the Common-Prayer-Book, Eftablifh'd by Parliament in the fecond Year of Edward VI. which is referr'd to in the Rubric

imme

tion, or any Mechanical Art only, fo that he teach in the English Tongue only. This Act extends to Ireland. By the Act of Uniformity, and by this prefent Act, but One Shilling is to be paid for the Licenfe: but in the latter Act provifion is made for the payment of the Duty on Stamp Paper. Tos Act is now repeal'd.

immediately before Morning-Prayer in our pre fent Liturgy, it is order'd, that whenfoever the Bishop fhall celebrate the Holy Communion, or execute any other Publick Office, be fhall have upon him, befides his Rochet, an Alb, and Cope, or Veftment, and alfo bis Paftoral Staff in his Hand, or elfe born by his Chaplain. See the Names of the prefent Bifhops, &c. in the Appendix.

By Stat. 26 Hen. VIII. the Archbishops, and Bishops hereafter mentioned, may conftitute Suffragan Bifhops, in the Towns following, viz.

6 Any Bishop who defires a Suffragan, may prefent two Perfons to the King, of which the King chufes which he pleafes; and he that is

❝ chofen