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Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est film6 d partir de Tangle supdrieur gauche, de gauche d droits, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants lllustrent la mdthode. 1 2 3 1 2 3 4 S 6 MICROCOP. RESOU'TION TEST CHART (ANSI and ISO TEST CHART No. 2) 1.0 I.I |4£ la.O I" 2.8 3'' 1 3.6 1 2.5 2.2 2.0 1.8 1.25 1.4 1.6 A /IPPLIED IKA^GE Inc 1653 East Main Street Rochester. New York 14609 (716) 482 - 0300 - Phone (716) 288 - 5989 - Fox USA L II //%^rJ^^. '^^^^<^/2. REPORT OF COMMITTEE , ON c^isro]srs. REV. DR. BEAVEN, CHAIRMAN. lOrfered hy the Synod to he printed and distributed among the Members; to be taken into consideration next Sessioh oj tSynod.] The Committee appointed to examine into the existing Canons of the United Church of England and Ireland, and the Laws of the United Kingdom applicable to the said Church, and to report on such canons as, with or without change, it may be desirable that the Synod should declare to be in full force in this Diocese, and on such laws as appear to be in force at present, or may be desirable to be enacted as rules of order or discipline in this Diocese, beg leave to report as follows : They have examined the Canons of the Province of Can- terbury of the year 1603, which is the body of Canons gene- rally accepted by the Bishops and Clergy of the United Church, and quoted as of authority in the English Ecclesias- tical Courts ; and they find them divided into the following heads : 1. The King's Supremacy over the Church of England, in causes ecclesiastical, to be maintained. 2. Of Divine Service and administration of the Sacra- ments. 3. Ministers, their ordination, function and charge. 4. School-masters. 5. Things appertaining to churches. A Si REPORT OK COMMITTEE OX CANONs. julS"::'""'"^' °™^'^' ^^'°"«™« '» '■>«" Archbishop. 12. Kegistrars. IS. Apparitors. 14. Authority of Synods. Of these tho 10th, Uth I",!, io„ , ,. wl'olly of matter, , hich h r ' "f ""' "'"''''' Colony, or with wilie L es . sLlTl;''''"",''. "" ""^ Tie rest contains n,orc or ZZtlvT"''^""^ '° ''°- "able to re-adopt and dc lire to t ' f "^'^."""'y >>« advi- either wholly or in part or ! X J°""' '" *'^ ^'">'"''''' "ittee have'^xan^Tne'd h c ls™:ot"'°r: ''''° "°"'- great care, and berr h-iT,. "'"''' '" """» '"«■> of the Syn'od inlL ^ I^'T: '"-» '"\ "- -'oP'ion added three canons of „„ T , ''"^ ''"^ ''''e'"SO chiefly fron. exiZg no s orr"!"''?"""' ''-^d States, with .nodifie.;^ionsr r r oadatt '" '!" ""''"'' circumstances. P' *°"» to our own * I—OP THE QUEEN'S SUPREMACV. « for most just 'a se tke' " ^'■°."'"' ^^ "" '" "^ «»<') fore nomannl-Tobel ""'^r.''''^"''*''''''^ »>"• "-ere- JestyWealms nlti^rnllld ■'"''™' '*'"" '''^ *I- power; but the Queon "Z; ZT: ""' T""" '°™'> land, Scotland and Ireland ™:, ,? her realms of Eng- !!!::^^^he_h^^ --;»3 or ?"d pi^,rp"S°>f,** ■!■:« those of ,h, origi.arc;;;:;;r^;rr-7 i HRPORT OF COMMITTKK OX CANONS. fl men, ,ts well inhabitants as born witliin the «ame, do by God s laws owe mo«t loyalty and obedience, afore and above all other powers and potentates in earth. II.— or DIVINE SERVICE AND ADMINISTRATION OF THE SACRAMENTS. 1. (13.) All manner of persons within the Church in this ^iocese, shall froni henceforth celebrate and keep the Lord's Day, commonly called Sunday, and other Holy-days, accord- .ngtoGo's holy will and pleasure, and the' orde'r of ^e Church of England prescribed in that behalf; that is in heanngthe word of God read and taught; in private ^nd pubhc prayers ; m acknowledging their offences to God and amendment of the same; in reconciling themselves charitably to the.r neighbours, where displeasure hath been • in tentimes receiving the communion of the body and blood of Christ: in visiting of the poor and sick ; usin^^ all godly and sober conversation. ^ 2. (14.) The Common Prayer shall be said or sung dis- tinctly and reverently, upon such days as are appointed to be kept holy by the Book of Common Prayer, and their lives ; and at convenient and usual times of those days • and m such place of every Chiv ,h as the Bishop shall think meet, so as the people may .t most edified. All Ministers likewise shall observe the Orders, Rites and Ceremonies pre- scribed in the Book of Common Prayer, as well in reading the Holy Scriptures, and saying of prayers, as in the administra- tion of the Sacraments; without either diminishing, in regard of preaching, or in any other respect, or adding any thint i„ the matter or form thereof, without the sanction o/the Bishop. ^ ^f: ^if'! ^", *^^« ^h^^le Divine Service, and administration of the Holy Communion, in Trinity College, or in any other College under th^ jurisdiction of the Bishop, the Order, Form and Ceremonies shall be duly observed, as thpy are set do-n in the Book of Common Prayer, without any omission or ^ RKPORT OK COMMITTKK ON CANONS. 4. (17.) All Members of Collcf'e.s sl.nll ;.. m,.- i ^pon an Sun,,,,,, n„,,.,,.,, ,,,,r.i:!';':;. ,f ;;;t:;':;. mereot, all due reverence g to be u<.,.,l w„ ^ ' .. cover his head m .;„„ <• iv *" "">" » '» -e infirX ■ ir,r , ™; tfj -™r' "^ ..ve w<!8 to wear in the oven air Z f '"'> '" ''" present shallrove em vtn . "'"""«• "f P^^ons then or sayina of Psah,i^ aI,,? ^ •^''"er, a7i(i at the siiujmg -<^ tl.e ae.out ana aneiaU els^:^ ^ ^^^Z^^y^' likewise when in the time nt n;,- c, • '-'""ct',- and shall be mentioned I^ , > ^'""^ "'" ^"'l '«"« all person"™ sen ' as , th h "^ ""'''"'' ^'■■^" "» "^^ ^y these outward etC.it an d I tr"?™"'' '""'^"'S "^ Christen resolution, :;::^;:\^^i:r^^^^^^^^^^^^^^ pi-ouiises of eUVit:! :l"' h- ^ir::r;, ^'-^i r" come, are fully „nd wholi; comnri ed Z e l,'™ ' '° to hear„na,., j\Z^:^:^ ^^^^ ~nce :" isr r c ' r'-' '-i *^'^ ^- p-- a:^i/wi:h ;: minster the Confession, the lord's Prayer and tlJf' «Dd making such other answers to the ZL7r ''' appointed in the Bool- of r "'o P'"'''o prayers, as are thev disturb the -rvi ° ^'"y'"'-' "^i"""- '«>" the ..rvicc or sermon, by walking or talking, „r "K'-Oar OK COMMITTKK UN CAVONS. g Clmrch porcl,, ]„n„. tho 1 • ' ^'J'urch.yarcl or i^g; bu! Shan c:^ tl' e r ''^"" '^"'•^'^' ^^ ^'--»'- Communion sh-,11 nf fi V ^^ ^''^' ^""'' of every "' •^"'•Ji, at tho cIiur"o of flm p. • i • , ^ »<lvieo a,.,l direction of tl.o ilCZl ' ' ' '""' "'" quantity of fine whito T!,-/ ■"'";'"■' P'-»vi<lo a sufficient Wine, L. enncf ,,.•''"?""''"'"• '>''"''■«<'"- .«^ Com„,„n,„n shall be .ninistere,! so'ofte, n 1 !f' ■ ^^^ - every parishioner may ccnmunieat [ 1, iT'l 'e'""' njiy fcmn":r ::r Jvt;"r::?°"'"' " '■^'^^'™ "■« in. ,.0 not receive that w' n t e"T7:;:;'."""?- rcqune every Minister to mve w.rniZ ,„ ? ■ ^ ' ''" publicly in the Church/.^: 4 Z- ' J^'J' l'^ '"-" ^.«.. » .,.«;, j,.«,, „„ .,e Sunday he .he il fT tion ^ f then.' le' / :ih :::;;7":'/"'- "'- ^?""' I'-P-- p.u-isl,ioner3teacc'e;tand:b'y ' "" '" '■"^"" "" ""' "t yiayti auu prcachinn'. wear av fli tlir>;« e i- such Hoods as are ar^reeableto t}?ri, ,1 Surphces 11 /o- \ xr ,-.o^^^"^^^o t"cir degrees. -i^- i-(.j JNo Minister, Avhen he celebrito^h tl,n n n,on, shall willingly administer the m io „„Vtt tr""' as kneel, .«.;,« i„ ,„,, ,f/,„^,, ,„ "" ™ ""^ .I"" "> «"o" Chut ch , nor to any that are common and notorious .lepra- f) HKPOUT OF COMMITTKE ON CANONS. i person ,I,„1 f„»t „c.k„owIc,lgc to the Mini,, r, bZ Chnrcwa,, ens his repentance for the aame it vi.l ^t:l^ "" ■^"''"^'' "'' "'"^™' '"'^^ •- o'Jcr and 12. (2!t.) Ministers shall take care that Godfathers and Godmothers he persons of good eonversa.ion, and J ar j may be) communicants of the Cliurch. ni.-MINISIKRS, I„EIU 0Um.VAT.0N, rUNCTION AND CHARaE. t„/"l '■^!i 1'°™'"™'=!' "» the ancient Fathers of the Church led by the example of the Apostles, appointed pravcr and as s to be used at the solemn Ordering of MinisLs' and o tl t purpose allotted certain times, in ^-hieh oni; sacred orders m.ght be given or conferred: „, following tL holy and rehg.ous example, do constitute and decree tha no De„, „r Priests be made and ordained, but on^^'upon the Sundays ^mediately following the Ember weeks, ap pomted m ane.ont tune for prayers and fasting, purp;selT Church and m the t,me of Divine Service, in the presence 2, (32 ) The office of Deacon being a step or degree to the M.„,stry according to the judgment o'f the Teen ]-a hers, and the practice of the primitive Church, no Bishop shall make any person, of what qualities or gifts soeve, a Deacon and a Minister both together in one day; but .hat the order m that behalf prescribed in the Book of making and consecrafng B,shops, Priests, and Deacons, ,/l<,« be stric'v observed. Not that always every Deacon should be ke 'l from the M,nistry a whole year, ,vhen the Bishop shall fi'd H"ORT OF COMMITTED O.V CANON.. '- ""•gi.t „.,„ „,' funo!;: ""a, :,:,:;;■ r? t"-' "'"•'■« P«fer,„,.„t ,1,,,. voi.,, „,. „ J'.;^^l' » omc occI,.,ia»tic.„l sonio cl,ui-cl, ,vl,„c ho „,.,v Z , ^ ' ''" " P«vi(Ic.,l of 1.0 U „ Follow „,. • ' ." f ';"','« ™.- of «„„!», 0,. .,,„» Cumbriiigo or Oxfor.l 1 I'o'low.in somo collogc i„ «*nittc,l to some JiZRoTZt" , t""'"^ "''"■ '" '« "W^m; ,n, the BiL,. And il o 5""""'''^ ^"'-'il »ny person into tho Jlinistrv , , , ',V °'' "''"'' '"'""' "foresaid, thon l,o shall Tcp''a„i,;* ""T- "' '''"'" ""- into sL!, !^do.t ho if: r," '■''-'" ?.""'"" ""^ '-- be either of soJu^ZZil '"''■ ^"'"'"'' ""''•'■'^ ''« letters dimissofy from the I^to; 7«r' n- "'"'" ''•'"« and dcsirinir to L •, T1„ .^ "''""O I^'ocesc he is ; »cl to botpriostf^rand'V ""™" '«"'"-- old hath taken so. '.fc/ineitr'/r"" """"P'^'^ ' ""^ or at least, exeept he b a to • n "" ^'-^-'''es; f»ith in Latin, Tocordin! the iol r", '''T"' "' '"^ and to confirm the sanfe ,1 ' Vi - '■' "-^.^'''^'^x, Holy Scripture • and ov.." / ' ■''""'"'" 'estimonies out of letto'rs testi,no:i'aUf ^Z^m::!'' ^'"'" '"™ ""■^'' good life and conversation, under 8 REPOTIT OF COMMITTEE 0\ CANONS. the seal Of the College where he studied, or of three or four gravx, Ministers ;>-ho have known his life and conversation by the space of three years next before, together with a cer ificate that his intention to offer himself for holy orders hath been duly published in the Church where he resideth, and that no objection was alleged. ?■ ^^''*? ;f ^« B^SI'OP, hefoi^ he admit any one to holy orders, shall diligently examine him, either himself, or hi mch well qualified Ministers as he shall appoint, of whom the Arehdeaeon to he one, in his Imowhdge of the Holy History of the Church. 6. (36.^ No person shall hereafter be admitted into the Ministry, nor to any Ecclesiastical Living, nor suffered to preach except he be licensed, either by the Archbishop or by the Bishop of the Diocese, under their hands and seals • and except he shall first subscribe to these three Articles following, in such manner and sort as Ave have here appointed • 1. Ihat the Queen's Majesty, under God, is the only feupreme Governor of this realm, and of all other her Hin-h- ness s^ dominions and countries, as well in all spiritual or ecclesiastical things or causes, as temporal : and that no toreign prince, person, prelate, state, or potentate, hath, or ought to have, any jurisdiction, power, superiority, pre-emi- nence or authority, ecclesiastical or spiritual, within. her Majesty s said realms, dominions and countries. II. That the Book of Common Prayer, and of Ordering of Bishops, Priests and Deacons, containeth in it nothing contrary to the word of God ; and that it may lawfully so be used ; and that he himself will use the form in the said book prescribed, in public prayer and administration of the sacraments, and none other. HI. That he alloweth the Book of Articles of Beligion agreed upon by the Archbishops and Bishops of both Provinces, and the whole Clnr^rv ip fl.n or,r,„^„,.*;^„ y.^^ _ ■ ~ — aj 1 -' - •-•■•'* T Ovation liuiuen m London in the year of our Lord God, one thousand five REPORT OF COMMITTEE 0\ CANONS. hundred and sixty two ; and that he acknowledgeth all and every the Articles therein contained, being in number nine and thirty, besides the- Ratification, to be agreeable to the Word of God. To these three Articles whosoever will subscribe, he shall, for the avoiding of all ambiguities, subscribe in this order and form of Avords, setting down both his Christian and Sur- name, viz. : i., N. N., do loillinghj and ex animo subscribe to these three Articles above mentioned, and to all things that are contained in them. 7. (37.) None licensed as is aforesaid, to preach, read lec- ture, or catechise, coming to reside in this diocese, shall be permitted to preach, read lecture, catechise, or minister the sacraments, or to execute any other ecclesiastical function, unless .. . first consent and subscribe to the three Articles before mentioned in the presence of the Bishop of the Diocese. 8. (38.) If any Minister, after he hath once subscribed to the said three Articles, shall omit to use the form of Prayer, or of any of the orders or ceremonies prescribed in the Book above mentioned, let him be suspended ; and if, after a month, he do not reform and submit himself, let him be excommunicated ; and then if he should not submit himself m the space of another month, let him be deposed from the ministry. 9 (39.) No Bishop shall institute any to a benefice, who hath been ordained by any other Bishop, except he first show unto him his Letters of Orders, and bring him a suflici- ent testimony of his former good life and behaviour if the Bishop shall require it ; and lastly, shall appear, upon due examination, to be worthy of his ministry. 10. (47). Every Minister, having cure of souls, and being constrained upon urgent occasion to be absent from his cure shall provide that his place be supplied by one who has been approved hj the Bishop ; unless this Canon shall in any special case he dispensed loith by the Bishop or his Commissary 10 REPORT OF COMMITTEE ON CANONS. Of a Clergyman absentinr/ himself from the Diocese. 11. When a Clergyman has been .absent from the Diocese during twelve months, without reasons satisfactory to the Bishop thereof, he shall be required by the Bishop to declare in writing the cause or causes of hjs absence ; and if he refuse to give his reasons, or if these be deemed insufficient by the Bishop, the Bishop may suspend him from the ministry ; which suspension shall continue, until he give in writing suf- ficient reasons for his absence, or until he shall rencAV his residence in the Diocese. 12. (48.) No Curate or Minister shall be permitted to serve in any place without examination and admission of the Bishop ; nor shall any coming from another diocese he admitted to serve ivithout testimony in writing of the Bishop of the Diocese whence they come, of their honesty, ability, and conformity to the doctrine and discipline of the Church. 13. (49). No person whatever, not examined and approved by the Bishop of the diocese, or not already licensed for a Preacher, shall take upon him to expound any scripture or matter of doctrine ; but shall only study to read plainly and aptly the Homilies set forth by lawful authority, or such other sermons as may he approved hy the Bishop or Curate. 14. (50.) iVb Minister shall suffer any person to preach in his Church or Church-yard, whom he does not believe on suflScient ground to be in Holy Orders in the United Church of England and Ireland, or some Church in conununion with the same, and not under ecclesiastical censure ; and any Churchtvarden, having douhts thereof, may require any stranger to exhibit his license. 15. (52.) That the Bishop may understand (if occasion 80 require) what sermons are made in every church of his Diocese, and who presume to preach without License, the Churchwardens shall see that the names of all preachers which come to their Church from any other place be noted in a book, which they shall have ready for that purpose ; i REPORT OF COMMITTEE ON CANONS. 11 wherein every. Preacher shall subscribe his name, the day when he preached, and the name of the Bishop of whom he had license to preach. 16. (53.) If any Preacher shall, in the pulpit particularly, or namely of purpose, impugn or confute any doctrine de- livered by any other Preacher in the same Church, or in any Church near adjoining, before he hath acquainted the Bishop of the Diocese therewith, and received order from him Avhat to do in that case ; (because, upon such public dissenting and contradicting there may grow much oifcnce and disquietness unto the people), the Churchwardens or party grieved shall forthwith signify the same to the said Bishop : and the Church- ivardens shall not suffer the said Preacher any more to occupy that place which he hath once abused, except he faithfully promise to forbear all such matter of contention in the Church, until the Bishop hath taken further order therein ; who shall with all convenient speed so proceed therein, that public satisfaction may be made in the congre- gation where the offence was given. Provided, that if either of the parties offending do appeal, he shall not be suffered to preach until the case is decided. 17. (54.) If any man licensed heretofore to preach, shall at any time from henceforth refuse to conform himself to the Laws, Ordinances, and Rites Ecclesiastical, established in this Diocese, he shall be admonished by the Bishop or his Commissary ; and if, after such admonition, he do not con- form himself within the space of one month, we determine and decree, that the license of every such Preacher shall be utterly void and of no effect. 18. (58.) Every Minister, saying the public Prayers, or ministering the Sacraments or other Rites of the Church, shall wear a decent and comely surplice with sleeves, to be provided at the charge of the parish. And if any question arise as to the matter, decency or comeliness thereof, the oaUiu ciittii 06 victiUcu wj lUu UlSUiCliOIi 01 1116 JjlSilOp OV Archdeacon. Furthermore, such Ministers as are Graduates 12 REPORT OF COMMITTEE ON CANONS. i shall wear upon their surplices, at such times, ,,uch hoods as by the orders of the Universities, are agreeable to the r cS fnTJu ; , ""f ;r'" ^''"" ™'-' " ' "-g " «™"™ '; iq L^Tf '""f '"""■ '""^' <"■ '^o'"" of Nack silL Hoi!',. ' ^""l '"" °' *^"™'"' "P"" '=«'-y Sunday or Holy-day, after the second lesson of Bvenina PrmJ or <*my t>me before Morning or Evening Prayer, shall,' for It^^'pl ,%"'',f '" '^ '"'" """' P"'"' '- persons, mistreses shall cause their children, servants and appren- Church at the t,me appointed, obediently to hear and to be 2o1«n^^ P "'f' ""'"">«?'«'« learned the same, anf.' ^i ''""^^h as it hath been a solemn, ancient, and laudable custom ,n the Church of God, continued from the Apo ties times, that all Bishops should lay their hands upon ehddren baptized and instructed in the Catechism of Ohnshan Ee!,t.,on, praying over them, and blessing them, which we commonly call Confirmation; and that this hol^ action hath been accustomed in the Church in former ages, to be performed in the Bishop's visitation at least ,Ly third year; we will and appoint, That every Bishop m h,s accustomed visitation, do in his own person carefully observe the said custom. And if in that year by reason of some infirmity, he be not able personal'iy to v.s.t then he shall not omit the execution of th,.t duty of Confirmation the next year after, as he may conveniently. .1. ^(61.) Every Minister that hath the cure and charge ed r he B V )T """""P^^W-g of ""e orders prescrib- IM "^ *^'"""'°" ^'■"y"^ concerning Confirmation, shall take especial care that none shall be presented to the Bishop for him to lay his hands on, but such as can render said Zv"' °t !r '■'f """"'■'"''6 '» *» C»'^««sm in the said book contained. And wh the Bishon «b»Jl „=oi„„ .„„ "me tor the performance of that part of his'duty, every such • » J. REPORT OF COMMITTEE ON CANONS. Jg Minister shall „se hi, best ondoavour to prepare and ™ake able, and hkew.se to proem-e as many as ean, to be then brought, and by the Bishop to bo confirmed. 22. (62 ) No Minister, upon pain of suspension for three year., shal celebrate Matrimony between any persons, wi h! out a faeulty or hcense, granted by some pcr,on having legal authority to grant licenses ; except the Banns of iMa- nmony have been first published three several Sundays or Holy-days, m the time of Divine Service, in the cLch where the sa.dpart,es dwell, (if there he such in the Cure); r„" f T' 'I f ^^r "''"" ^'"""^ *™«- « '«M. accord -g to the Book o Common Prayer. Neither shall any Master, upon the l,ke pain, under any pretence whatever^ jom any persons so hconsed at any unreasonable times, bu only between the hours of si. in the morning and «-.Tn til evemng.nornr any private place, but iu either of the said nor when Banns are thnce asked, before the parents or governors of tite parties to be married, being und^ h ag of twenty and one years, shall either personally, or by suffi- cient testunony, signify to him their consents given ,0 the said marriage. ^ 23 (67.) When any person is dangerously sick in any tCof^nT' *^^^^-^^^-- Curate, havfng knowledge theieof, shall resort unto him or her (if the disease be not known or probably suspected to be infectious ; in which case he may use his discretion) to instruct and comfort them in their distress; according to the order of the book of Com- mon Prayer if he be a Deacon ; or if he be a Priest, then as he shall think most needful and convenient. -4. (68.) No Minister shall refuse or delay to christen any child according to the form of the Book of Common Prayer, that is brought to the Church to him to be christened upon Sundays or Holy-days, or on such da., n. ... r,^^...^.. the Church or Church-yard, (convenient warning being i 14 REPORT OF COMMITTEE ON CANONS. given to him thereof before) in such manner and form as is prescribed in the said book of Common Prayer. 25. (69). If any Minister, being duly and correctly^ without any manner of collusion, informed of the weakness and danger of death of any infant unbaptized in his parish, and thereupon desired to go or come to the place where the said infant re- maineth, to baptize the same, shall either wilfully refuse so to do, or of purpose or of gross negligence shall so defer the time, as, when he might conveniently have resorted to the place, and have baptized the said infant, it dieth, through such his default, unbaptized ; the said Minister shall be liable to such censure as to the Bishop shall appear just. Pro- vided that where there is a Curate or substitute, this consti- tution shall not extend to the Parson himself, if he hath remitted to the Curate or substitute the performance of that duty. 26. (70.) In every Church shall be provided one book at the charge of the Parish wherein shall be Avritten the day and;) of every Christening, Wedding or Burial. And for the safe Aceping of the said book the Churchwardens shall provide, at the charge of the parish, a secure chest, to he under the direction of the Minister. 27. (71.) No Minister shall preach or administer the Holy Communion in any othe'^' than a public congregation ; except when any, being either so impotent that he cannot go to the Church, or very dangerously sick, are desirous to be partakers of the Holy Sacrament. 29. (75.) No ecclesiastical person shall at any time, other than for their honest necessities, resort to any tavern ; neither shall they without urgent cause board or lodge in any such places. Furthermore, they shall not spend their time idly by day or by night ; but at all times convenient they shall hear or read somewhat of the Holy Scriptures, or shall occupy themselves with some other honest study or exercise, always doing the things which shaL appertain to iionesty, and endeavouring to profit the Church of God ; having s I a a a REPORT OP COMMITTEE ON OAKONS. 16 alwap in mind, that they ought to excel «11 others in pnrity from thenceforth voluntarily relinquish the same, nor after- -ar,ls u.,c h,„„elf in the course of his life as a layman An 1 the names of all such men, so forsaking their'^callin. the I^'- — •'^CIIOOLMASTEHS. I. 77.) No man shall teach m amj Chureh Grammar .^Uaor ParoolM School, but such as shall be licenscTby he B,shop, e„,g found meet, as well for his train fat k 11 m teaenng, as for sober and godly conversation: and xcc h?';:n"''";'"f '"S of «"<''^ '-0 -'igion ; a,,d ..Iso of the 3StI r '", °''' ° *° ""^ ^''' ™'' ""'■<! Articles Arllcle "' "" '° "'" '™ *''^' '''"^'^ of *he second ,jf 'J™'', t" '","'' S<^''°°'™"»'«-s shall teach the chiklren the Church Catechism, and such other Catechism as shattle y>proved b, the Bishop. And, as often as Divine Seriee hall be upon holy and festival days within the parish rf they teach, they shall bring their scholars to^theClurh • nd hi "" " ?"""^ ""' ^""o'-'^ "»•>»- themsel es : and shall oxamme them after their return, what they have borne away oi any sermon then made, and instruct tinTil tU nature and ends of the holy day. Upon other days they ha tra„. them up in such knoMge of Holy ScripLre .s shall be most expedient to draw them on to all godliness And rf any schoolmaster, being duly licensed, shall offend in any of the premises, or either speak, write or teach against anythmg wherounto he hath formerly subscribed, if upon admomtmn by the Bishop he do not amend and reform hm,self, let n,m be suspended from teaching an,j such school. V-— THINGS APPEKTAIKINO TO CHUKCUKS 1. (au.) The Churchwardens of every Church' shall, at IG "KPOKT OF COMMITTEE ON CAN0N8. Book of Offices of Zl, Z J ^'""""""<"> Tabic, and a >o in I';:;: ti!° :,^"r "Vr ;- "--^ °""--' in the ancient m,u-,1 C ■ ^ ' ' "'" "'''""= '» '"^ »<^' »Iml. baptirp:,:,-:!; """" '^■'■""' ""'^I'™' "- Mini^te,. 3. (82.) A convenient and seemlu Tnhh, o/ 7; 7 ". »«V/ a,,..;, for the celcb.r: -'f the I t c ^r"-*'' and covered in tin.e „f Divine Service ",l„™'°"i silk or other decent >,tnff .„.; , ,, ! ''"iwrn^ of f *., if an, ;::tirtrrofr :s:/' *f '"- cloth at the time of tlio iVrini^f, .• , ' '' ^''"" ^'"^n and the Ten ^^^^J^t^^:: "^r"-"' «'-« Table: of every Church where fh„ , "^ "' ""^ «»« ^^ the same; a', o ,er eh 1'"°'' ""^ '"^^' «ee and read «l,,of ti,e.:!dC u-e s nrUk™"" "'""' "P°" "'^ fc- the Minister to read erriee , AlTtl" ""T"'™' ""' the charge of the parish. ' ""'"' *° ""= 'ione at 4. (83.) The Churchwarderm of fi. the parishoners in every Cm, eh \ ™""'°" '='""'S° °f decent Pulpit, to be se I '' ' ' T"'^'' " "^""'"'y ™'l b. the discretion !? ut '1 ' irrrs::"!;™ '"^ --> " ps-volr- *" ^^ "-" -'^ it 'ti::;rTairn;- 5. (86.) The Churchwardens «),^li * i that the Churches be welT n,i ^^^ '^ """ ""<• P™"')" from time to time kept aid , > T^^ ''P''""^' »»<' -» -H g>a.ed, andt.!:;''; 1 :f ■:; ' ' - "-v'nOows he all things there in such orderly and dee . '™"' ™'' or any thing that may be ftW ° "'■'' ''''''°''' ''•'«'' best becomrth the file of g"^ TTk "^ ""T"'^' »' take that the Church-yard, he ii i " """ ""'J ^ha" fenced and mainti d wUh luf V ""^""^ ^^P""-''' -on charge of the pavisT^ l^: ' ™"^ "'■ P^"^^' ''' *'"' -«■' 1 n' REPORT OF COMMITTEE ON CANONS. 17 0. (86.) Every Dean of a Cathedral Cliurcli or Arch- deacon shall survey tlie Churches of his or their juri'^dictioti once in every three years in his own person, or cause the same to be done; and sn/nify to the Churchwardens or to the Bishop what repairs they think necessary. 7. (88.) The Churchwardens shall suffer no meetings for worldly business or amusement to be held in the Church or Church-yard ; neither the bells to bo rung without good cause, to be allowed by the Minister of the Parish and by themselves. VI. — CHUllCIIWAKDENS AND INFEIUOR OFFICERS. 1. (89.) All Churchwardens shall bo chosen yearly in Easter week, by the joint "consent of the Minister and the Parishoners, if it i\iay bo : hut if they cannot agree upon such a choice, then according to the provisions of the Act 3 <f 4 Vict., commonly called the Church Temporalities Act. And all Churclnvardens, at the end of their year, or within fourteen days after their successors have been appointed, shall before the Minister and Parishioners give up a just account of such money as they have received, and expended. 2. (91.) No Sexton or other subordinate officer of the Church shall be appointed by the-Churchwardens withoutthe consent of the Minister of the Parish ; and the Sexton, when chosen, shall be under the direction of the Minister and Churchwardens, to ring the bell for Divine Service, to attend upon them, to take due care of the hooks and other things pertaining to Bivive Service, to keep the Church clean, and to keep order therein. And the said Sexton and other oficers shall receive their wages from the Churchwardens. VII. — MARRIAGES. 1. (99.) No person shall marry within the degrees pro- hibited by the laws of God, and expressed in a table set forth by authority in the year of our Lord 1563 ; and all marriages so made shall be held to be incestuous and unlawful. 18 REPORT OF COMMITTEE ON CANONS. 2. (100.) No cluldrcn under the age of one and twenty years complete shall contract then.,selves or n.arry, without the consent of their parents, or of their guardiar.s Z governors, if their parents be deceased ; an^ an, Z^ knounngly rnarryinc, such Miren without Jk consent shall be hahle to suspension at the discretion of the Bishop. VIIL—ECCLESIASTICAL COURTS. I. — Of a Diocesan Court. There shall be a Court of this Diocese, for the trial of SLftro"', f "" T"^^' °' -^Clergymen, being ia Priests Orders and actually officiating in the Diocese. The Archdeacon, or If there be more, Chan one, the two senior Archdeacons of the Diocese, ,hall ex-officio be members of the said Court : and the residue shall be 'chosen by the Synod whilst in session by ballot. Two members so chosen shall annually retire from office by rotation, and their successors be elected by ballot. Retiring members may be re-elected. II.— 0/ the Trial of Clergymen. § l.-The trial of a Minister, whether Priest or Deacon shall be on pi-esentment in writing, specifying the offence of which he IS alleged to be guilty, with reasonable cer- tainty as to the time, place, and circumstances. Such presentment may be made for any crime or immorality for heresy, or for violation of the constitution or canons of this thurch. Said presentment may be made to the Bishop of the Diocese by the Churchwardens of the parish or cure of the^ said Minister ; or by not less than three others of his parishioners being communicants ; or by two Clergymen being priests and officiating in this Diocese. § 2.— The Bishop, or in his absence the Archdeacon or his Commissary shall, on receiving such presentment, nominate three members of the Court provided aforesaid, to make inquiry and ascertain whether there is a prima facia case against the accused, so as to warrant further proceedings • nEPORT OF COMMITTEK OS CANONS. 19 and they shall communicate to the Bishop without delay the result of such inquiry. § 3.— If it bo represented to the Bishop, or in his absence to his Commissary, that there does exist such prima faeie case, then the Bishop, or in his absence the Archdeacon or his Commissary, shall without delay cause a copy of the presentment to be served on the accused, and shall give notice with all convenient speed to the members of the Court as pro- vided aforesaid, appointing a time and place for their assem- bling together ; there being not less than three members of said Court necessary for such trial, besides the Archdeacon of the archdeaconary to which the accused belongs. He shall also at the same time cause at least thirty days' notice of the time and place of meeting to be given, both to the accused and to the parties presenting him, and shall also call on the accused by a written summons to appear and answer. If the Clergyman accused appear, he shall, before proceed- ing to trial, be called upon by the Court to say whether he 18 guilty or not guilty of the offence, or offences, charged against him ; and on his neglect or refusal, the plea of A^o< guilti/ shall be entered for him, and his trial shall proceed : Provided, that for sufficient cause the Court may adjourn from time to time ; and provided also, that the accused shall at all times during the tfial have liberty to be present, to produce his testimony and make his defence. § 4.--When the Court proceeds to trial, some officer authorised by law to administer oaths, may, at the desire of either-party, be requested to administer an oath to the wit- nesses that they will testify the truth concerning the matters charged in the presentment ; and the evidence of such wit- nesses shall be reduced to writing. § 5.— The Court having fully heard the allegations and testimony of the parties, and deliberately considered the same after the parties have withnmwn sh^H 'l/»''i«v« respectively whether in their opinion the accused be guilty or not guilty of the charge or charges contained in the pre- ^ UKPORT or COMM.TTKE ON CANON«. . , ; "' declaration of the majoi ity of t he Courf occse ,vh„ .Imll pass sontenco, un,l awar.l the „,, altv „r a.lmo„.,.„„, suspension .. deprivation, as to l,i„, , , „i ™ .r oftone™ proved ,n„y seem to deserve. In „,e s^ ," •n.tted to tl,e Archdeaeon, or Oonnuisaary of tl,e Bi,l,„„ andlns sentence sl.all Inwe tla- san.e force and e Vee if pronounced by tlie Bishop: Provided tie.f /" '""-' "","' r'-f ."•» «f °. e "ccnseT:?:,:;, t:;tu ret:: ause to .nduee belief that jnstico has not been do c 1 e n, l,op ,nay ,n h,s discretion, grant a re-hearing. S 0.— U the Clergyman acoased neglect or refuse to appear, according to the summons of tire Bishop or Cc ur nofce hav,„g been served on him as aforesaid, ' excepfW o.ne sufficent or reasonable cause, the Bisl, p, Jf, ,■ absence the Court, shall pronounce him to be in ont n cv^ and sentence of suspension fro„> the Ministry shal b Z' "sr::'::i;x— :7if^:!:L■ft-■■- «.onths, heshaii tender Mmselftld l!;;," ::n5; J pear and take Ins tr.al on the presentment. But if tlfe der gyman accused shall not so tender himself before the exp -" rafonoftUesa,d three months, the sentence of depo.s, ion from the nnn.stry shall be pronounced against him by , Bshop: andthe B,shop shall cause such sentence ^^0 pubhcly read to the several congregations of th.. VA.Z by the respective nnnisters thereof. ' § 7.-Tl.e accused party may have the privilege of appearing by counsel; and in the ease of the exercise of >uch pnvlege but not otherwise, those presenting shall have t). same privilege. ti ; ..- 9„) *f any oflend their brethren, oif.her h.r „^.,u„.._. where. loo, iucest, c''-' nkennfis^ nrnfor,« ' • "*^ "^'^^^-^-^J') i-coL, HKenness, profane swearing, fraud, or "KrORT OF COM r.i.,1.: ON CAN0N8. 2| any other ,incleanness an.l wickedness of lifV, the 'Jhuroh wardens shall nuthfully present all and evry of the s 1 oftemlers.. the Bishop; and such notorious offenders .slm m. he a.lnntted to the Hoi, Con.uunion, ... ,. ,, ,,,,Z Zonnir '" ''-''" ""' •^^■" '■" ''" ^'''"''^'^'' ""^^ ^'-^ ^^ 4. (110). If the Chnrclnvanlens shall ne<,^leot to present any such notorious offenders as aforesaid, then every Pars.n or, .n h.s absence, his Curate or Substitute, n,ay themselves present such offenders as come to their knowledge. ]>rovi<led always, that if any man confess his hidden and secret sin< to tl>e M„,Kster, for the unburdening of his conscience, an.l to cce.ve Hp.ntual consolation and ease . C nnnd from him, we lo straitly charge and admonish hin., : ',at he do not at any ime reveal and u.ake known to any person whatever any dime or offence so committed to his trust and secrecy except they be such crimes as by the la. his own lifo may be called into question for concealing the .^ame. 4 (134.) Every Parson or Curate shalK at the Bishop's first vis.tation, or at the next visitation at farthest, exhibit un:o him Ins letters of orders, institution o> induction and .cense, to be by the said Bishop either allow d, or (if there be just cause) disallowed and rejected : and beino- by him approved, to be signed by Mm or his Registrar. ° The Committee moreover beg to report that they have examined into the state of the English statute I nv, affecting ecclesiastical affairs ; and they find that almost he whole of the English Acts on this subject are so restric ed in their own text or in their very nature, as not to anply to the Colonies: and that when, in an early period of .L history of this Coony, the English statutes were adopted, the ecclesiastical portion was excepted. The Act of Uniformity of 18 k 14 n],.,^.]^.. tj ^j^ ^ , which the present Prayer Book is enforced'^ Is ' c^-^ressly restricted m § 1, and in other parts, to the -kingdom of 82 hepobt op committee on- canons. It .3 true that the Act of Uniformity, 1 Eliz oh 2 A nforcocl the «so of the then book of Cor.Jn'vt,t t„; « the same, but also ,n " other the Queen's dominions " ^, ..ominion of Wa.e, a:, ^to^of^^f r^r whfch' ifLt'T'^'"' "''"""^ *» •^°''"'-> -0 those T' 1<! S . ," "PP"""™""' of Colonial Bishops the Act 13 Eh.., ch. 12, and the Act 31 George III. ch 31 The former of these two Acts &R 1 * o °i > 7' o'>jcet is-. That the Chureh's^tf the 'q/e:: MW ''' om,„,ons n,ay he served with Pastors ll'^Z: ^^Z' and .t therefore applies in its provisions to the Colo^es 5 ^. And that If any person ecclesiastical, or which shall have ecclesiastical living, shall advisedly ma ntaifor affir " any doctrine directly contrary or repn/nant Tany of t™ sad Ai tides, and bemg convented before the Bfahop of nes rr ■'"■ " "■''"''''' °' "^f-^ the Queen's High ness Commissioners in causes ecclesiastical, shall persist therein, or not revoke his error, or after such revooat „ cftsoon affirm such untrue doctrine; such maintaTnin * "^ affirming and persisting, or such eftsoon affirming half be just cause to deprive such person of his ecclesiasticTi motions : and it shall bo lall to the Bisho; „f dtcC or the Ord,n.ary, or the said Commissioners, to deprive such person so persisting, or lawfully convicted f such X "ns affirming ; and upon such sentence of deprivation pron unced he shall be indeed deprived. pronounced § *^. And that no nerson ab^n l.« — rx... i. . . any benefice with cur'e, e.cept-he' th;rbt:f the Z'Z^ •(b J «lk HEPOBT OF COMMITTEE ON CANONS. ^ and twenty years at the least and a Deacon, and shall first have b3 bed the said Articles in presence f .he Ord nf,T and p„M,cly read the same in the parish chnreh TZ't saTe an.;; ;'"'™''"" "' ""^ ""f-^'S-'' --« to he same and that every person after the end of this .ession of Parliament, to be admitted to a hene6ee with cure, "ZZ that v,th,n two months after his introduction he do Lhl cTv cure m the fme of common prayer there, with declaration of his unfeigned assent thereunto, and be admitted to minister the bacraments within one year after his induction, if he be not so admitted before, .hall be upon every such deflnit, ip^o jacto, immediately deprived. '^ to Lt t"^ "!*'■ """^ ','"'" '"' '"•'"''= ^'"'^""■' <"• "d^i'te'l to preach or administer the Sacraments, being under the „.c of four arid twenty years; nor unless he first bring to the Bishop of hat dioeesc. from men known to the fifshop to be of sound religion, a testimonial both of his honest life and of his professing the doctrine expressed in the said Articles • nor unless he shall be able to answer and render to the Ordi' nary an account of liis faith, in Latin, according to the said Articles, or have special gift or ability to be a Preacher ; nor shall be admitted to the Order of Deacon or Ministry un- less he shall first subscribe to the said Articles § 7. And that all admissions to benefices, institutions and induction, to be made of any person contrary ,o the form or any provision of this Act, and all toleration.,, dis- pensations, qualifiea-ions, and licenses whatsoever to be made o the contrary hereof, shall be merely void in law as if they never were. § 8. Provided always, That no title to confer or present by lapse shall accrue upon any deprivation ipso facto, but after SIX months after notice of such deprivation given by the Ordinarv tn thp Pnfrop 1 t^-1] i^-- "^ Ihis was the act under which proceedings were taken against Archdeacon Denison, and therefore there is no 24 REPORT OF COMMITTEE ON CANONS. doubt that it is still in force; and consequently that its provisions in regard to admission to Holy Orders and to livings, and in regard to ecclesiastical persons maintaining doctrines contrary to the Tliirty-nine Articles, are in force m this country ; and conseqently that we must be careful in making enactments for our own guidance, not to come into conflict with it. The provisions in the latter of these Acts, affecting the Church in this Colony, have been for the most part set aside by subsequent Acts, either of the Imperial or of the Pro- vincial Parliament ; and the Committee do not venture to pronounce any opinion what part may be still in force. All which is respectfully submitted.