W^m.m\B i,.n)i/^i^!iimJfWM?WiKiWTff.uyi\'/r/i 'mft!i': . il inW}{J/l mm> 'M I^M \ i ^il^^H : i IB ■^ ■■■■■■.: y^.m-r^-.ir Stom f^e &i6rari5 of Q^equeaf^e^ fil? ^im to t^e feifirarg of (Princeton C^eofo^icdf ^eminarg BX 5955 .A5 1859 Episcopal Church. Digest of the canons >^js.r-;.< ;:,,. ■»•' :<■'/■ V *;■ ■■>■ . '■ "Jv^ >'■•■ ''v*!'"-. \' •"' •' ;..'■ ■-•"'■v. . '.O.TiV-- - iBi^t&t of ti)e Canons FOR THE QOVEBNMENT OK TUB PROTESTANT EPISCOPAL CHURCH iSniteb States of America, PASSED AND ADOPTED IN GENERAL CONVENTION, IN RICHMOND, VIRGINIA, OCTOBER, 1859: TOGETHER WITH Slt)c (Eonstitutton. PUDNEY & RUSSELL, PRINTERS, No. 79 JOHN-STREET. 1860. The undersigned were appointed to superintend the publication of the Digest of the Canons as adopted by the General Convention, in October, 1859. The dis- tribution is into Titles, Canons of each Title, Sections of Canons, and occasionally Clauses of Sections. At the head of the page the Title, number of the Canon, and the general subject, are stated. In the margin is a summary of the particular en- actment. The historical notes at the foot of the page refer to the Canons as they may be found in the Journal of 1856. That Journal will, it is presumed, enable any on« to trace any particular Canon, from its origin through all its modifications, to this time. It was found impossible for either of the undersigned to make a com- plete historical notice of the succession of each provision, within the time prescribed for the Canons to go into effect. New-York, Jan. 1, 1860. Francis L. Hawks > Committee. Murray Hoffman, ®ablc of Contents. ®l)c Constittrtion, xxi ®itle I. — Of the Orders in the Ministry, and of the Doctrine and Worship of the Church, . 3 ®itl£ II. — Of Discipline, ...... 59 ®Ule III. — Of the Organized Bodies and Officers of THE Church, ...... 86 Ok IV. — Miscellaneous, . . . . . .96 Table of Contents. ®itk I. — Of the Ministry, Doctrine, and Worship. PAGB. Canon 1. — Of the Orders of Minisii-y in this Church.. , .'? Canon 2. — Of the Admission of Candidates for Holy Orders 3 ^ I, — Who are deemed Candidates 3 ^ II. — Notice of Intention 3 () III. — To whom Application must be made 4 i) IV. — Certificate from Standing Committee 4 i)Y. — Habit of Devotion 5 (j VI. — Admission and Record 5 ^ VII. — Canons apply to Candidates fi-om all parts of the United States 5 () VIII. — Application by a Minister of another Denomination 6 [1.] Notice and Certificate 6 [2.] Testimonials required 6 (J IX. — Such Application by one not a Citizen 7 ^ X. — And to Officiate in a Foreign Language 7 Canon 3. — Of Admitted Candidates 8 ^ I. — Supervision of Candidates 8 i) II. — Candidates acting as Lay Readers 8 ^ III. — Candidates not eligible to General Convention 9 (J IV. — Transfer of Candidates to another Diocese 9 ^ V. — No Transfer without bona fide Cause 9 Canon 4. — General Provisions and Requisites for Ordination 10 (jl. — Previous Application in another Diocese 10 1^ II. - Age for Ordination 10 Period of Remaining a Deacon 10 (J in. — Candidates from Vacant Dioceses 10 ^ IV. Ordination of one to officiate without the Jurisdiction of the United States -• H ()Y. — Liability of Presenting Clergyman 11 () VI. — Times of Ordination coo. 11 CanoN" 5. — Examination and Testimonials for Deacon's Orders, and Ordination 12 ^ I. — Examination by Bishop and Presbyters 12 <) II. — Period of Candidateship 12 (J III. — Testimonials from Standing Committee 12 ^ IV. — Testimonials to Standing Committee '. 13 ^ V. — Substitute for Testimonials from Minister and Vestry 14 ij VI. Examinations of Candidates, Ministers in other Denominations. 14 ^ VII. — Candidate not a Citizen 15 vii Table of Contents OLitlC 1. — Of the Ministry, Doctrine, and Worship {Continued). PAGE. Canon 6. — Of Deacons 15 ^ I. — Deacons subject to Control of Bishop, ^ 15, Canon v., 1856. Ordination of one to officiate with- out the Jurisdic- tion of the United States. Special License. Liability of pre- senting Clergy- Times of Ordi- nation. 11 title I. Canon 5 . §i.-iii, Examinatio^i, etc.^for Deacon^ s Orders. Examination by Bishop and Pres- byters. tions may be held at such other times as the Bishop shall appoint." Ca N N 5 . Examination and Testimonials for Deacon^s Orders, and Ordination. k I. Every person hereafter to be ordained Deacon in this Church shall be examined by the Bishop and two Presbyters, whose duty it shall be to ascertain that he is well acquainted with the Holy Scriptures and the Book of Common Prayer, and who shall inquire into his fitness for the ministrations declared in the Ordinal to appertain to the office of a Deacon, and be satisfied thereof." Period of Candi- ^ ^^- ^^ person shall be entitled to such examination dateshtp. until he shall have remained a candidate for Holy Orders at least one year, and shall have presented to the Bishop a testimonial from at least one rector of a parish, signifying a belief that he is well qualified to minister in the office of a Deacon, to the glory of G-od and the edifi- cation of the Church." Testimonials from Standing Committee. ^ HI. No person shall be ordained Deacon in this Church unless he exhibit to the Bishop testimonials from the Standing Committee of the Diocese for which he is to be ordained, which shall be signed by the names 12 » Canon xx., 1832. In 1789 tlie Canon was passed without the last clause. In 1808 this was added, and the Canon has continued unchanged since that time. ^ (/l, Canon iv., 1856. ' <5 2, Canon iv , 1856. Canon 5 I V Examination, etc., for Deacon's Orders, of a majority of all the Committee, the Committee being duly convened, and which shall be in the followins: words : — We, whose names are hereunder written, testify that A. B. hath laid before us satisfautory testimonials, that for the space of three years last past, he hath lived piously, soberly and honestly, and hath not written, taught, or held anything contrary to the doctrine or discipline of the Pi-otestant Episcopal Church ; and, moreover, we think him a person worthy to be admitted to the sacred Order of Deacons. In wit- ness whereof, we have hereunto set our haads this day of , in the year of our Lord " * k IV. But before a Standing Committee shall proceed to recommend any candidate, as aforesaid, to the Bishop, such candidate shall produce from the Minister and vestry of the parish where he resides, or from the vestry alone if the parish be vacant ; or, if there be no vestry, from at least twelve respectable persons of the Protestant Episcopal Church, testimonials of his piety, good morals, and orderly conduct, in the following words : — " We, whose names are hereunder written, do testify from evidence satisfactory to us, that A. B., for the space of three years last past, hath lived piously, soberly, and honestly, and hath not, so far as we know or believe, written, taught, or held any thing contrary to the doctrine or discipline of the Protestant Episcopal Church ; and, moreover, we think him a person worthy to be admitted to the sacred Order of Deacons. In witness whereof, we have hereunto set our hands this day of — ■, in the year of our Lord " He shall also lay before the Standing Committee tes- timonials signed by at least one respectable Presbyter of the Protestant Episcopal Church in the United States, in the followingr words : — Testimonials to Standing Com- mittee, From Minister and Vestry. Or Twelve Per- sons. Personal Testi- monials. ^ 4, Canon iv., 1856. 13 Examination^ etc. ^ for Deacon^ s Orders. '•I do certify, that A. B., for the space of three years last past, hath lived piously, soberly, and honestly, and hath not, so far as I know or believe, written, taught, or held any thing contrary to the doctrine or discipline of the Protestant Episcopal Church ; and, moreover, I think him a person worthy to be admitted to the sacred Order of Deacons. This testimonial is founded on my personal knowledge of the said A. B. for one year last past, and for the residue of the said time upon evidence that is satisfactory to me. In witness whereof, I have hereunto set my hand this day of , in the year of our Lord, ." * Substitute for Testimonials from Minister and Vestry. Examinations of Candidates, Min- isters in other Denominations. k V. But in case a candidate, from some peculiar cir- cumstances not affecting his pious or moral character, shall be unable to procure testimonials from the Minister and vestry of the parish where he resides, the Standing Committee may accept testimonials of the purport above stated, from at least twelve respectable members of the Protestant Episcopal Church, and from at least one respectable Presbyter of the said Church, who has been personally acquainted with the candidate for at least one year.'' \ VI. Candidates, who, not having Episcopal ordina- tion, have been acknowledged as ordained or licensed ministers in any other denomination of Christians, may, at the expiration of not less than six months from their admission as Candidates, be ordained Deacons, on their passing the same examinations as other candidates for Deacon's Orders ; and, in the examinations, special re- gard shall be had to those points in which the denomina- tion whence they come differs from this Church, with a view of testing their information and soundness in the same ; and also of ascertaining that they are adequately acquainted with the Liturgy and Offices of this Church ; "J 5, Canon iv., 1856. •> (j 6, Canon iv., 1856. 14 Canon 6 §■ 1 1 Of Deacons. provided, that in their case the testimonials shall be re- quired to cover only the time since their admission as candidates for Holy Oi'ders.* k YII. When any person, not a citizen of the United Candidate not a States, who has been acknowledged as an ordained or Citizen. licensed minister in any other denomination of Christians, shall apply for Orders in this Church, the Bishop, to whom application is made, shall require of him (in ad- dition to the above qualifications) satisfactory evidence that he has resided at least one year in the United States q^^ Year's R previous to his application." idence. Canon 6. Of Deacons. § I. Every Deacon shall be subject to the regulation of the Bishop, or, if there be no Bishop, of the clerical members of the Standing Committee, of the Diocese for which he is ordained, until he receive letters of dismis- sion therefrom to the Bishop or ecclesiastical authority of some other Diocese, and be thereupon received as a clergyman of such other Diocese ; and he shall officiate in such places as the Bishop, or the said clerical mem- bers, may direct." Deacons subject to Control of Bishop, j-c. § 11. [1.] No Deacon shall be settled over a parish, or congregation, until he shall have satisfactorily passed the three examinations required for Priest's Orders. » {} 3, Canon iv., 1856. ^ ^ 8, Canon iv., 1856. <^ ^ 11, Canon iv., 1856. Restrictions upon Settlement, 15 ^itk I. Canon 7. I. , 1 1 Of Candidates for Priest's Orders, etc. And upon Offici- [^'] ^^ Deacon shall officiate in any parish, or con- ating. gregation, without the express consent of the Rector for the time being, where there is a Rector ; nor in any case without the assent of the Bishop ; and when officiating in the parish or congregation of a Rector, he shall be en- Suhject to the tirely subject to the direction of such Rector in all his Rector. ministrations.* No Transfer ^ HI- No Deacon, who shall not have passed the ex- withont Request aminations required for Priest's Orders, shall be trans- of Bishops. ferred to another Diocese without the written request of the Bishop to whose jurisdiction he is to be transferred." Examinations, ■when to he ap- plied for. Canon 7. Of Candidates for PriesVs Orders, and their Ordination. § I. If any candidate for Priest's Orders shall not, within three years after his admission, apply to have the first and second examinations held as hereinafter pre- scribed, or if he shall not, within five years from his ad- mission, apply to have the third examination held, (unless the Bishop, for satisfactory reasons, to him as- signed, shall allow him further time,) the said person shall, in either case, cease to be a candidate." Admission of Deacons, as Candidates for Priest's Orders. k 11. [1.] Every Deacon of this Church'may be ad- mitted, by the Bishop of the Diocese to which he belongs, on the recommendation of the Standing Committee, (or, where there is no Bishop, by the Standing Committee,) 16 » () 9, Canon iv., 1856. " § 10, Canon iv., 1856. ■= ^ 14, Canon v., 1856. Canon 7 §11 I V Of Candidates for Priest's Orders, etc. a candidate for Priest's Orders, provided he have the qualifications hereinafter required. [2.] A candidate for Deacon's Orders may, in like manner, and upon the same terms, be admitted a candi- date for Priest's Orders, provided he do not require the dispensation hereafter allow^ed.* k III. Every person wishing to become a candidate for Priest's Orders, must lay before the Standing Committee a satisfactory diploma, or other satisfactory evidence, that he is a graduate of some University, or College; or a certificate from two Presbyters appointed by the Bishop (or, where there is no Bishop, by the clerical mem- bers of the Standing Committee), to examine him, of his having satisfactorily sustained an examination in Natural Philosophy, Moral Philosophy, and Rhetoric, and in the Grreek Testament, and the Latin tongue.^ § IV. When a Deacon, applying to be admitted a can- didate for Priest's Orders, wishes a knowledge of the Latin, Grreek, and Hebrew languages, and other branches of learning not strictly ecclesiastical, to be dispensed with, the Standing Committee shall not recommend him as a candidate, until he shall have laid before them a testimonial signed by at least two Presbyters of this Church, stating that, in their opinion, he possesses ex- traordinary strength of natural understanding, a peculiar aptitude to teach, and a large share of prudence ; and the Bishop, with the consent of the Standing Committee, shall have granted the dispensation. But in regard to a Admission of Candidates for Deacon's Orders as Candidates for Priesfs Orders. Qualifica'.inns. Diploma. Certificate of Examination. Dispensation from Latin, (J 1, Canon v., 1856, '' ^ 3, Canon v.. 1856. title I. Canon 7 V. -VII, Of Candidates for Priesfs Orders, etc. Hebrew. Period of Cundi- dateship. Period of Pre- vious Study al- lowed Candidates from other De- nominations. Not to exceed two Years. Three Examina- tions/or Priest's Orders. First. knowledge of the Hebrew language, in all cases the Bishop shall have the sole discretion of dispensation." § V, If, after obtaining the canonical testimonials from the Standing Committee, the person be admitted as a candidate, he shall remain a candidate for the term of three years before his ordination as Priest, unless the Bishop, with the consent of the Standing Committee, shall deem it expedient to ordain the candidate after the expiration of a shorter period, not less than one year.'' k VI. Every person who has been a candidate for the ministry of any other denomination, and has been re- ceived as a candidate for Priest's Orders in this Church, may be allowed, by the Bishop, with the consent of the members of the Standing Committee, the period of time during which he has been a student of theology or can- didate in such other denomination, provided the time so allowed does not exceed two years." § VII. [1.] There shall be assigned to every candidate for Priest's Orders, three different examinations, at such times and places as the Bishop to whom he applies for Holy Orders shall appoint. The examination shall take place in the presence of the Bishop and two or more Presbyters, on the following studies prescribed by the Canons, and by the course of study established by the House of Bishops. The first examination shall be on the books of Scripture, the candidate being required to sive an account of the different books, to translate from ' ^ 4 Canon v., 1856. •> (j 13, Canon v., 1856. <= (J 10, Canon v, 1856. Of Candidates for Priesfs Orders, etc. 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 ac- quainted with the Latin tongue, and that he hath a competent knowledge of natural and moral philosophy, and of Church history, and hath paid attention to com- position and pulpit eloquence, as a means of giving additional efficiency to his labors ; unless the Bishop, with the consent of the Standing Committee of his Diocese, shall have dispensed with the knowledge of the Latin and Grreek languages, and other branches of knowledge not strictly ecclesiastical, in consideration of such other qualifications for the Gospel ministry as are set forth in Section IV. of this Canon. The dispensation with the knowledge of the Hebrew language, to be re- garded as in that Section.* Dispensation. § XH. No person shall be ordained a Priest in this Church until he shall have exhibited to the Bishop tes- timonials from the Standing Committee of the Diocese for which he is to be ordained, which shall be signed by the names of a majority of all the Committee, the Com- mittee being duly convened, and shall be in the following words : — " Testimonials from Standing. Committee. " We, whose names are underwritten, members of the Standing Committee of the Diocese of , do testify that A. B. hath laid before us satisfactory testimonials, that, for the space of three years last past, he hath lived piously, soberly, and lionestly, and hath not written, taught, or held any thing contrary to the doctrine or discipline of the Protestant Episcopal Church ; and, moi'eover, we think him a person worthy to be admitted to the sacred Order of Priests. In witness where- Canon v, 1856. b (^ 7, Canon v., 1856. 21 title I. Canon 7 . XIII Of Candidates for Pi'iesfs Or^ders, etc. -, in the Testimonials to Standing Com- mittee from Min- ister and Vestry. of, we have hereunto set our hands this day of - year of our Lord ." ^ XJII. But before the Standing Committee shall pro- ceed to recommend any candidate, as aforesaid, to the Bishop, such candidate shall produce from the Minister and Vestry of the parish where he resides, or, if the parish be vacant, or if the applicant be the minister of the parish (a Deacon desirous of Priest's orders), from the Vestry alone, testimonials of his piety, good morals, and orderly conduct, in the following words : — Personal monials. Testi- " We, whose names are hereunder written, do testify that A. B., for the space of three years last past, hath lived piously, soberly, and honestly, and hath not, so far as we know or believe, written, taught, or held any thing contrary to the doctrine or discipline of the Protestant Episcopal Church ; and, moreover, we think him a person worthy to bo admitted to the sacred Order of Priests. In witness whereof, we have hereunto set our hands this day of , in the year of our Lord He shall also lay before the Standing Committee tes- timonials signed by at least one respectable Presbyter of the Protestant Episcopal Church in the United States, in the following form : — " I do certify, that A. B., for the space of three years last past, has lived piously, soberly, and honestly, and has not, so far as I know or believe, written, taught, or held any thing contrary to the doctrine or discipline of the Protestant Episcopal Church ; and, moreover, I think him a person woi-thy to be admitted to the sacred Order of Deacons. This testimonial is founded on my personal knowledge of the said A. B. for one year last past, and for the residue of the said time upon evidence that is satisfactory to me. In witness whereof I have hereunto set my hand this day of , in the year of our Lord 22 =■ () 5, Canon iv., 1856. Canon 8. Of Miiiisters Officiating in a Foreign Language. Under the circumstances mentioned in Section V. of said Canon 5, or if there should be no vestry, the cer- tificate provided for in that Section may be substituted for the one above mentioned." § XIV. In the case of a candidate for Priest's Orders, who has been ordained a Deacon within three years pre- ceding, the testimonials may be so altered as to extend to such portion only of the three years preceding his ap- plication for Priest's Orders, as have elapsed since his ordination as Deacon ; and the Standing Committee shall allow the testimonials so altered the same effect as if in the form prescribed, and shall sign their own testi- monial, in such altered form, with the same effect as if in the form prescribed, unless some circumstance shall have occurred that tends to invalidate the force of the evidence on which the candidate was ordained Deacon.^ Substitution al- lowed. Alteration as tn Time. Canon 8. Of Ministers Officiating in a Foreign Language. When a clergyman, coming from a foreign country, and professing to be regularly ordained, shall be called to a Church of this communion, in which Divine Service is celebrated in a foreign language, he may, with the approbation of the Bishop of the Diocese in which such Church is situated, acting with the advice and consent of the Standing Committee, or with the unanimous con- sent of the Standing Committee if there be no Bishop, and, on complying with the other requisitions of the ' () 8, Canon v.. 1856. t i) 9, Canon v., 1856. Ministers Offici- ating in a For- eign Language. 23 title I. Canon 9 May settle. Ministers or- dained by Bish- ops not in Com- munion with this Church. May be received. 24 Of the Admission of Ministers, etc. Canons, settle in the said Church, as the minister thereof, without having resided one year in the United States, any thing in these Canons to the contrary notwithstand- ing.' Canon 9. Of the Admission of Ministers ordained by Bishops not in Communion with this Church. When a Deacon or Priest ordained by a Bishop not in communion with this Church, shall apply to a Bishop for admission into the same as a minister thereof, he shall produce a written certificate from at least two Presbyters of this Church stating, that from personal knowledge of the party, or satisfactory evidence laid before them, they believe that his desire to leave the communion to which he has belonged, has not arisen from any circumstance unfavorable to his moral or reli- gious character, or on account of which it may be inex- pedient to admit him to the exercise of the ministry in this Church ; and he shall also, not less than six months after his application, in the presence of the Bishop and two or more Presbyters, subscribe the declaration con- tained in Article VII. of the Constitution ; which being done, the Bishop, being satisfied of his theological ac- quirements, may receive him as such minister." » Canon xxiv., 1832. b Canon x., 1841. Canon 10. §1 Of Ministers ordained in Foreign Countries, etc. Canon 10. Of Ministers ordained in Foreign Countries by Bishops in Communion ivith this Church. k I. A clergyman coming from a foreign country, and professing to have been ordained out of the United States by a foreign Bishop in communion with this Church, or by a Bishop consecrated for a foreign country by Bishops of this Church under Article X. of the Con- stitution, or by a Missionary Bishop elected to exercise Episcopal functions in any place or places out of the United States, shall, before he be permitted to officiate in any parish or congregation, exhibit to the minister, or if there be no minister to the Vestry thereof, a certi- ficate signed by the Bishop of the Diocese, or if there be no Bishop by the Standing Committee duly convened, that his letters of Holy Orders are authentic, and given by some Bishop in communion with this Church, and verbose authority is acknowledged by this Church ; and also that he has exhibited to the Bishop or Standing Committee satisfactory evidence of his pious and moral character, and of his theological acquirements ; and in any case, before he shall be permitted to settle in any Church or Parish, or be received into union with any Diocese of this Church as a minister thereof, he shall produce to the Bishop, or if there be no Bishop to the Standing Committee thereof, a letter of dismission from under the hand and seal of the Bishop with whose Dio- cese he has been last connected ; which letter shall be, in substance, that provided for in Section VII. of Canon 12 of this Title, and shall be delivered within six months Ministers Or- dained in Fo- reign Countries by Bishops in Communion with this Church. Certificate. Letter Dimisso- ry. 25 title I. Canon 10 1 1 Of Ministers ordained in Foreign Countries^ etc. from the date thereof ; and when such clergyman shall have been so received, he shall be considered as having passed entirely from the jurisdiction of the Bishop from whom the letter of dismission was brought, to the full juris- diction of the Bishop or other ecclesiastical authority by whom it shall have been accepted, and become thereby subject to all the canonical provisions of this Church ; Subscription. Provided, that no such clergyman shall be so received into union with any Diocese until he shall have sub- scribed, in the presence of the Bishop of the Diocese in which he applies for reception, and of two or more Pres- byters, the declaration contained in Article VII. of the Constitution ; which being done, said Bishop or Standing Committee, being satisfied of his theological acquire- ments, may receive him into union with this Church as Res- a minister of the same ; Provided, also, that such minis- ter shall not be entitled to settle in any Parish or Church, as canonically in charge of the same, until he shall have resided one year in the United States subsequent to the acceptance of his letter of dismission. One Year's idence. Foreign Dea- ^ H- -A-nd if such foreign clergyman be a Deacon, he cons. shall reside in this country at least three years, and ob- tain in this country the requisite testimonials of charac- ter, before he be ordained a Priest,* » Canon ix., 1844. 20 Of Pcrso7is not Ministers officiating Canon 11. Of Persons not Ministers officiating. § I. No person shall be permitted to officiate in any congregation of this Church without first producing the evidence of his being a Minister thereof to the Minister, or, in case of vacancy or a,bsence, to the Church war- dens, vestrymen, or trustees of the congregation.^ § II. No Minister shall officiate transiently in a va- cant Parish, or in one the Rector or Minister of which is sick or absent, unless the Wardens or Vestry are sat- isfied he is at the time a Minister in good and regular standing. When from another Diocese, letters com- mendatory from the ecclesiastical authority thereof may be required.'' Canon 12. General Regulations of Ministers and their Duties. ^ I. [1.] It is hereby required, that on the election of a Minister into any Church or Parish, the Vestry shall de- liver, or cause to be delivered, to the Bishop, or where there is no Bishop to the Standing Committee of the Diocese, notice of the same, in the following form, or to this effect : — " We, the Church Wardens (or, in case of an Assistant Minister, We, the Rector and Church Wardens), do certify to the Right Rev. (naming the Bishop), or to the Rev. {naming the President of the Standing Com- mittee), that {naming the person) has been duly chosen Rector {or Assist- ant Minister, as the case may be) of {naming the Parish or Church). Evidence of be- ing a Minister to be furnished. The Consent ne- cessary for Offi- ciating. Election and In- stitution of Min- isters. * Canon xxxvi., 1832. >> ij 5, Canon vii., 1856. Certificate of Election. 27 title I. C A NON 1 2, §" General Regulations of Ministers^ etc. Certificate to he transmitted for Record. Concerning In- stitution. Certificate to Minister remov- ing from one to another Diocese. Which certificate shall oe signed by the names of those who certify. [2.] If the Bishop or the Standing Committee he satisfied that the person so chosen is a qualified Minister of this Church, the Bishop, or the President of the Stand- ing Committee, shall transmit the said certificate to the Secretary of the Convention, who shall record it in a book to be kept by him for that purpose." [3.] And if the Minister be a Presbyter, the Bishop, or President of the Standing Committee, may, at the instance of the Vestry, proceed to have him instituted according to 1he Oflice established by this Church, if that Office be used in the Diocese. But if he be a Deacon, the act of Institution shall not take place until after he shall have received Priest's Orders. This pro- vision, concerning the use of the Office of Institution, is not to be considered as applying to any congregation des- titute of a house of worship." \^ [I. No Minister, removing from one Diocese or Missionary District to another, shall officiate as the Rec- tor, Stated Minister, or Assistant Minister of any Parish or Congresjation of the Diocese or District to which he removes, until he shall have obtained from the eccle- siastical authority a certificate in the words following : " I hereby certify that the Rev. A. B. has been canonically transfer- red to ray jurisdiction, and is a Minister in regular standing. ^ ij 2, Canon vii., 1856. " ^ 3, Canon vii., 1856. <^ H, Canon vii., 1856. 28 Canon 12 §111-, IV General Regulations of Ministers^ etc. k III. The Alms and Contributions at the administra- tion of the Holy Communion shall be deposited with the Minister of the Parish, or with such Church officer as shall be appointed by him, to be applied by the Minister, or under his superintendence, to such pious and chari- table uses as shall by him be thought fit." k IV. [1.] It shall be the duty of Ministers to prepare young persons and others for the holy ordinance of Con- firmation. And on notice being received from the Bishop of his intention to visit any Church, which notice shall be at least one month before the intended visitation, the Minister shall give immediate notice to his parishioners, individually, as opportunity may offer, and also to the Congregation on the first occasion of public worship after the receipt of said notice. And he shall be ready to present for Confirmation such persons as he shall think properly qualified, and shall deliver to the Bishop a list of the names of those confirmed. [2.] And at every visiiation it shall be the duty of the Minister, and of the Church Wardens or Vestry, to give information to the Bishop of the state of the Congrega- tion, under such heads as shall have been committed to them in the notice given as aforesaid. [3.] And further, the Ministers and Churchwardens of such congregations as cannot be conveniently visited in any year, shall bring or send to the Bishop, at the stated meeting of the Convention of the Diocese, in- formation of the state of the congregation, under such » Canon lii., 1832. Alms and Con- tributions. Duty on Episco- pal Visitations. One Mont It's Notice. List of Names. Duty to give In- formation. Parochial Re- ports. 29 Parish Register to he kept. Register of Bap- tisms. List of Families. Offi^ciating of Ministers within the Cures of others. Parish Bounda- ries,not otherwise defined. 30 General Regulations of Minister's, etc. heads as shall have been committed to thera at least one month before the meeting of the Convention.* ^ V. [1.] Every Minister of this Church shall keep a register of baptisms, confirmations, communicants, mar- riages, and funerals, within his cure, agreeably to such rules as may be provided by the Convention of the Diocese where his cure lies; and if none such be pro- vided, then in such manner as in his discretion he shall think best suited to the uses of such a register. [2.] The intention of the Register of Baptisms is hereby declared to be, as for other good uses, so espe- cially for the proving of the right of the Churohmem- bership of those who may have been admitted into this Church by the holy ordinance of Baptism. [3.] Every Minister of this Church shall make out and continue, as far as practicable, a list of all families and adult persons within his cure, to remain for the use of his successor, to be continued by him, and by every future Minister in the same parish.^ ^ VI. [1.] No Minister belonging to this Church shall officiate, either by preaching, reading prayers, or other- wise, in the parish, or within the parochial cure, of an- other clergyman, unless he have received express per- mission for that purpose from the Minister of the parish or cure, or, in his absence, from the Churchwardens and Vestrymen, or Trustees of the Congregation, or a ma- jority of them. [2.] Where parish boundaries are not defined by law, or settled by Diocesan authority under the second Section Canon xxvi., 1832. b Canon xxix., 1832. Canon 12. § VI General Regulations of Ministers^ etc. of Canon V. of Title III. of this Digest, or are not other- wise settled, they shall, for the purposes of this Section, be defined by the civil divisions of the State as follows : Parochial boundaries shall be the limits, as now fixed by law, of any village, town, township, incorporated borough, city, or the limits of some division thereof which may have been recognized by the Bishop, acting with the advice and consent of the Standing Committee, as constituting the boundaries of a parish. If there be but one church or congregation within the limits of such village, town, township, borough, city, or such division of a city or town as herein provided, the same shall be deemed the parochial cure of the Minister having charge thereof. If there be two or more congre- gations or churches therein, it shall be deemed the cure of the Ministers thereof ; and the assent of a majority of such Ministers shall be necessary. When, under Diocesan authority, a new parish is con- stituted, and its boundaries defined, this Section shall be applicable to the same as so established, [3.] If any Minister of the Church, from inability or any other cause, neglect to perform the regular services in his Congregation, and refuse, without good cause, his consent to any other Minister of the Church to officiate within his Cure, the Churchwardens, Vestrymen, or Trustees of such Congregation shall, on proof of such neglect or refusal before the Bishop of the Diocese, or if there be no Bishop before the Standing Committee, or before snch persons as may be deputed by him or them, or before such persons as may be, by the regulations of this Church in any Diocese, vested with the power of To he certain Civil Divisions of the State. Recognized by the Bishop. If but ane Church. If two or more Churches. A neiv Parish. Neglect of Min- ister. 31 Rig fits of Prop- erty undisturbed. Of Clerical Resi- dence and Remo- val. Letter Dimissory. When to affect canonical Resi- dence. When void. S2 General Regulations of Ministers^ etc. hearing and deciding on complaints against Clergymen, have power, with the written consent of the before-men- tioned authority, to open the doors of their Church to any regular Minister of the Protestant Episcopal Church. [4.] This Canon shall not affect any legal rights of property of any parish. h VII. [1.] A Minister of this Church removing within the jurisdiction of any Bishop or other ecclesiastical authority, shall, in order to gain canonical residence within the same, present to said ecclesiastical authority, a testimonial from the ecclesiastical authority of the Diocese or Missionary District in which he last resided, which testimonial shall set forth his true standing and character. The testimonial may be in the following words : — " I hereby certify, that A. B., who has signified to me his desire to be transferred to the ecclesiastical authority of , is a Presbyter (or Deacon) of , in regular standing, and has not, so far as I know or believe, been justly liable to evil report, for error in religion or vicious- ness of life, for three years last past." [2.] All such testimonials shall be called Letters Dimis- sory. No such letter shall affect a Minister's canonical residence, until, after having been presented according to its address, it shall have been accepted, and notifica- tion of such acceptance given to the authority whence it proceeded. The residence of the Minister so transferred shall date from the acceptance of his letter of transfer. If not presented within three months after its date, it may be considered as void by the authority whence it proceeded; and shall be so considered, unless it be pre- sented within six months. Canon 1 2, §VII General Regulations of Ministers^ etc. [3.] If a Minister, removing into another Diocese, who has been called to take charge of a parish or congrega- tion, shall present a testimonial in the form aforesaid, it shall be the duty of the ecclesiastical authority of the Diocese to which he has removed, to accept it, unless the Bishop or Standing Committee should have heard ru- mors, that he or they believe to be well founded, against the character of the Minister concerned, which would form a proper ground of canonical inquiry and present- ment ; in which case the ecclesiastical authority shall communicate the same to the Bishop or Standing Com- mittee of the Diocese to whose jurisdiction the said Min- ister belongs ; and, in such case, it shall not be the duty of the ecclesiastical authority to accept the testimonial, unless, and until, the Minister shall be exculpated from the said charges. [4.] It shall be the duty of all Ministers, except pro- fessors in the Greneral Theological Seminary, officers of the Board of Missions, and chaplains in the army and navy, to obtain and present letters of transfer as above described, whenever they remove from one Diocese or Missionary District to any other Diocese or Missionary District, whether Domestic or Foreign, and remain there for the space of six months.* When Reception may be Refused. When Letters Dimissory are not required. 33 title I. Canon 13 Election of Bishops. Six Presbyters and six Parishes. Turn or more Dioceses uniting. Dioceses imcon- ntcted. What IS a Settle- ment. Canon 13. Of Bishops. ^ I. [1.] To entitle a Diocese to the choice of a Bishop, by the Convention thereof, there must he, 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 juris- diction 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 afore- said ; and the Bishop, so elected, shall exercise Episcopal jurisdiction over each of the associated Dioceses, until such time as some one of such 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 associated 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. [2.] A Minister is settled, for all purposes here or else- where mentioned in these Canons, who has been en- gaged permanently by any Parish, according to the rules of said Diocese, or for any term not less than one year." 34 Canon vi., 1856. ^ Canon ii., 1844. Canon 13 §■■ Of Bishops. \ II. [1.] Every Bishop elect, before his consecration, shall produce to the House of Bishops, from the Conven- tion by whom he is elected, evidence of such election ; and, from the House of Clerical and Lay Deputies in General Convention, evidence of their approbation of his testimonials, and of their assent to his consecration : and also certificates, respectively, in the following words ; such certificates, in both cases, to be signed by a consti- tutional majority of the members of the Diocesan Con- vention, or of the House of Clerical and Lay Deputies, as the case may be. The same evidence of election by, and the same certificate from, the members of the Dio- cesan Convention, shall be presented to the House of Clerical and Lay Deputies in Greneral Convention. Testimony from the Members of the Convention in the Diocese from whence the Person is recommended for Consecration. " We, whose names are underwritten, fully sensible how important it is that the sacred office of a Bishop should not be unworthily conferi'ed, and firmly persuaded that it is our duty to bear testimony on this solemn occasion, without partiality or affection, do, in the presence of Almighty God, testify that A. B. is not, so far as we are informed, justly liable to evil report, either for error in religion, or for viciousness in life, and that we do not know or believe there is any impediment, on account of whidi he ought not to be consecrated to that holy Office. We do, moreover, jointly and severally, declare that we do, in our conscience, believe him to be of such sufficiency in good learning, such soundness in the faith, and of such virtuous and pure manners, and godly conversation, that he is apt and meet to exercise the Office of a Bishop to the honor of God, and the edifying of His Church, and to be a wholesome example to the flock of Christ." The above certificate shall be presented to the House of Clerical and Lay Deputies in General Convention. Testimony from the House of Clerical and Lay Deputies in General Convention. " We, whose names are underwritten, fully sensible how important it is that the sacred Office of a Bishop should not be unworthily conferred, Certificates to he\ produced by the Bishop elect. Testimony from Diocesan Con- vention. Testimony from House of Cleri-, cal and Lay Dep iities. 35 Consecrat/o'n. Consecration du- rins; Recess. Consent of Standing Com- mittees. Consent of Bishops. 36 Of Bishrqjs. and firmly persuaded that it is our duty to bear testimony, on this solemn occasion, without partiality or affection, do, in the presence of Almighty God, testify that A. B. is not, so far as we are informed, justly liable to evil report, either for error in religion, or for vieiousness of life ; and that we do not know or believe there is any impediment, on account of which he ought not to be consecrated to that holy Office, but that he hath, as we believe, led his life, for three years last past, piously, soberly, and honestly." [2.] If the House of Bishops consent to the consecra- tion, the Presiding Bishop, with any two Bishops, may proceed to perform the same, or any three Bishops to whom he may communicate the testimonials.* ^ III. [1.] If, during the recess of the G-eneral Con- vention, tlie Church in any Diocese should be desirous of the consecration of a Bishop elect, the Standing Com- mittee of the Church in such Diocese may, by their pres- ident, or by some person or persons specially appointed, communicate the desire to the Standing Committees of the Churches in the different Dioceses, together with copies of the necessary testimonials ; and if the major number of the Standing Committees shall consent to the proposed consecration, the Standing Committee of the Diocese concerned shall forward the evidence of such consent, together with other testimonials, to the Presid- ing Bishop of the House of Bishops, or, in case of his death, to the Bishop who, according to the rules of the House of Bishops, is to preside at the next General Con- vention, who shall communicate the same to all the Bishops of this Church in the United States ; and if a majority of the Bishops consent to the consecration, the Presiding Bishop or Bishop aforesaid, with any two Bish- ^ Canon iii., 1832. Canon I V . - V 1 Of Bishops. ops, may proceed to perforin the same, or any three Bish- ops to whom he may communicate the testimonials. [2.] The evidence of the consent of the different Stand- ing Committees shall be in the form prescribed for the House of Clerical and Lay Deputies in G-eneral Conven- tion ; and, without the aforesaid requisites, no consecra- tion shall take place during the recess of the General Convention ; but in case the election of a Bishop shall take place within six months before the meeting of the General Convention, all matters relative to the consecra- tion shall be deferred until the said meeting." ^ IV. No man shall be consecrated a Bishop of this Church until he shall be thirty years old.'' ^ V. When a Bishop of a Diocese is unable, by reason of old age, or other permanent cause of infirmity, to dis- charge his Episcopal duties, one Assistant Bishop may be elected by and for the said Diocese, who shall, in all cases, succeed the Bishop in case of surviving him. The Assistant Bishop shall perform such Episcopal duties, and exercise such Episcopal authority in the Diocese, as the Bishop shall assign to him ; and, in case of the Bishop's inability to assign such duties, declared by the Conven- tion of the Diocese, the Assistant Bishop shall, during such inability, perform all the duties, and exercise all the authorities which appertain to the oflSce of a Bishop. No person shall be elected or consecrated a Suffragan Bishop, nor shall there be more than one Assistant Bishop in a Diocese at the same time." § VI. A Diocese deprived of the services of its Bishop » Canon v., 1832. "^ Canon viii., 1832. <^ Canon vi., 1832. Evidence of Consent. No Consecration within six Months. Age. Assistant Bish- ops. No Suffragayi Bishops. Provisional Bishops. 37 title I. Canon 13 VII Assistant, on Restoration of suspended Bishop. Of Domestic Mis- sionary Bishops. Mode and Evi- dence of Election. Exercise of Epis- copal Functions. 38 Of Bishops. by a sentence of suspension without a precise limitation of time, may proceed to the election of a Provisional Bishop, who, when duly consecrated, shall exercise all the powers and authority of the Bishop of the Diocese ■ during the suspension of such Bishop ; and who, in case of the remission of the sentence of the Bishop, and his restoration to the exercise of his jurisdiction, shall per- form the duties of Assistant Bishop prescribed by the fifth Section of this Canon ; and who in all cases shall succeed to the Bishop on his death or resignation.* § Vn. [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 sub- scribed by a constitutional majority of said House of Clerical and Lay Deputies, in the form required by the second section of this Canon to be given by the members of Diocesan Conventions on the recommendation of Bish«- ops elect for consecration, which certificate shall be pro- duced to the House of Bishops ; and if the House of Bishops shall consent to the consecration, they may take order for that purpose. [2.] The Bishop or Bishops so elected and consecrated, shall exercise Episcopal functions in such States and Ter- ritories, in conformity with the Constitution and Canons of the Church, and under such regulations and instruc- tions, not inconsistent therewith, as the House of Bishops » Canon iii., 1850. Canon 13 ^ VII Of Bishojis. may prescribe ; and the House of Bishops may at any time increase or diminish the number of States or Terri- tories over which the said Bishop or Bishops shall exercise Episcopal functions. [3.] In case of the death or resignation of a Missionary BLshop, or of vacancy by other cause, the charge of the vacant Missionary Episcopate shall devolve on the senior Bishop of this Church, with the power of appoint- ing some other Bishop as his substitute in said charge. [4.] 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 jvirisdiction 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 Com- mittee, in any Diocese sufficiently near, and the present- ment and trial shall be according to the Constitution and Canons of said Diocese. Or, if there be such a Standing Committee appointed by the Missionary Bishop as is hereinafter provided for, the clerical members there- of may make presentment, and the trial shall take place according to the Constitution and Canons of any Diocese of this Church which may have been selected at the time of the appointment of such Standing Committee, pro- vided that the Court shall be composed of at least three Presbyters, excluding the members of the Standing Committee and the accused. [5.] Any Bishop or Bishops elected and consecrated under this Section shall be entitled to a seat in the House of Bishops, and shall be ehgible to the office of Diocesan Bishop in any organized Diocese within the United Extent of Juris diction. Vacancy. Jvirisdiction over Clergy and Mode of exerci- sins; it. Entitled to seat in the House of Bishops. Eligible as a Diocesan. 39 I. Canon 13. VIII Power upon the Organization of a Diocese. Power to appoint a Standing Committee. Proviso. Report to General Convention. Of Foreign Missionary Bishops. Evidence of Election. 40 Of Bishops. States. And whenever a Diocese shall have been organ- ized within the jurisdiction of such Missionary Bishop, if he shall he chosen Bishop of such Diocese, he may accept the office without vacating his missionary ap- pointment, provided that he continue to discharge the duties of Missionary Bishop within the residue of his original jurisdiction, if there be such residue. [6.] Every such Bishop may yearly appoint two Pres- byters, and two Laymen communicants of this Church, resident within his missionary jurisdiction, to perform the duties of a Standing Committee for such jurisdiction ; Provided that no Standing Committee constituted under this Section shall have power to give or refuse assent to the consecration of a Bishop. [7.] Every such Bishop shall report to each Greneral Convention his proceedings, and the state and condition of the Church in said States and Territories of the United States ; and, at least once a year, make a report to the Board of Missions." ^ VIII. [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 func- tions in any Missionary station or stations of this Church out of the Territory of the United States, which the House of Bishops, with the concurrence of the House of Clerical and Lay Deputies, may have designated. The evidence of such election shall be a certificat-e, to be sub- scribed by a constitutional majority of said House of Clerical and Lay Deputies, expressing their assent to the = Canon x., 1856 Canon 13 § VIII Of Bishops. said nomination, 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. [2.] Any Bishop elected and consecrated under this Section, or any foreign Missionary Bishop heretofore consecrated to exercise Episcopal functions in any place or country which may have been thus designated, shall have no jurisdiction, except in the place or country for which he has been elected and consecrated. He shall not be entitled to a seat in the House of Bishops, nor shall he become a Diocesan Bishop in any organized Diocese within the United States, unless with the con- sent of three fourths of all the Bishops entitled to seats in the House of Bishops, and also of three fourths of the Clerical and Lay Deputies present at the Session of the General Convention, or, in the recess of the General Convention, with the consent of the Standing Com- mittees of three fourths of the Dioceses. [3.] Any Bishop or Bishops consecrated under this Section, or any Foreign Missionary Bishop heretofore con- secrated, shall, on presentment by two thirds of the Mis- sionaries under his charge, for immorality or heresy, or for a violation of the Constitution or Canons of this Church, be tried, and, if found guilty, sentenced, in all particulars as if he were actually resident within the limits of the United States, except that the trial may be within any Diocese in the United States. [4.] Any Bishop or Bishops elected and consecrated under this Section, or any Foreign Missionary Bishop heretofore consecrated, may ordain as Deacons or Pres- byters, to officiate within the limits of their respective Limitation of Jurisdiction. No Seat in the House of Bi- shops. Restriction upon Eligihility as a Diocesan Bi- shop. Mode of Pre- senting and Trying. Power to Or- dain Deacons or Presbyters. 41 Testimonials necessary in such Case. Power of Dii pensation. Proviso. Proviso. Restrictions. 42 Of Bishojjs, missions, any persons of the age required by the Canons of this Church, who shall exhibit to him, or them, the testimonials required by Canons 5 and 7 of this Title, signed by not less than two of the ordained Missionaries of this Church who may be subject to his or their charge : provided, nevertheless, that if there be only one ordained Missionary attached to the Mission, and capa- ble of acting at the time, the signature of a Presbyter, under the jurisdiction of any Bishop in communion with this Church, in good standing, may be admitted to sup- ply the deficiency. [5.] Any Foreign Missionary Bishop consecrated under this Section, or heretofore consecrated, may, by and with the advice of two Presbyters, one of whom, if necessity require, shall be a Presbyter in good standing under the jurisdiction of any Bishop in communion with this Church, dispense with those studies required from a can- didate for Deacon's Orders by the Canons of this Church; Provided no person shall be ordained by him who has not passed a satisfactory examination, in the presence of two Presbyters, as to his theological learning and aptitude to teach : and Provided, further, that no person shall be or- dained by him until he shall have been a candidate for at least three years. Nor shall any Deacon, so ordained, be advanced to the Order of Presbyters, who has not been in Deacon's Orders for at least one year. Nor shall any Deacon or Priest, who shall have been ordained under this Section, be allowed to hold any cure, or officiate in the Church in these United States, until he shall have complied with existing Canons, relating to the learning of persons to be ordained. Canon 13 § VIII Of Bishops. [6.] Any Foreign Missionary Bishop or Bishops elected and consecrated under this section, or any Foreign Mis- sionary Bishop heretofore consecrated, shall have juris- diction and government according to the Canons of this Church over all Missionaries or Clergymen of this Church, resident in the district or country for which he or they may have been consecrated. [7.] Every such Bishop may yearly appoint not less than two nor more than five Presbyters, resident within his missionary jurisdiction and acting under the appoint- ment of the Board of Missions, to act as a Standino; Committee in such missionary jurisdiction, upon all ques- tions pertaining to the interests of such missionary juris- diction ; and, in case of the absence of the Bishop from his jurisdiction, or of a vacancy in the Episcopate, said Standing Committee shall be the ecclesiastical authority of such missionary jurisdiction. [8.] If any Minister of this Church, acting under a Foreign Missionary appointment, and within the juris- diction of a Foreign Missionary Bishop of this Church, shall commit any offence which comes within the pro- visions of Canon 2 of Title II., Of Off ences for which Ministers may be tried and punished ; or shall re- fuse obedience to the lawful authority of the Missionary Bishop ; such clergyman shall be proceeded against according to the Constitution and Canons of any Dio- cese of this Church, which may have been selected at the time of the appointment of the Standing Committee of such Missionary Jurisdiction : Provided that a present- ment shall first be made by the members of said Stand- ing Committee, or, if the accused party be a member of the Standing Committee, by the other member or members thereof. Jurisdiction over resident Missionaries or Clergymen. May appoint Standing Com- mittee. Trial of Minis- ters. 43 title I. Canon 1 3 § IX Of Bishops. The Court. Sentence. Report to be made to General Convention and Board of Mis- sions:. [9.] The Court for the trial of such Minister shall consist of five Presbyters, excluding the members of the Standing Committee ; or, if there be not five, then of all the members of such Missionary jurisdiction. If there be more than five, then shall the Standing Com- mittee select, by lot, the five v^\\o shall compose the court, which court shall proceed in the trial, according to the Canons of the General Convention of the Protestant Episcopal Church, so far as the same may be applicable to such a case ; and where no provision is made adequate to the exigency, the court shall consider and adjudge the case according to the principles of law and equity. [10.] The sentence of the court shall be rendered to the Bishop of such Missionary jurisdiction, who shall have power to revise and modify the same, and the de- cision of the Bishop shall be final and conclusive. [11.] Every Bishop elected and consecrated under this Section, or Foreign Missionary Bishop heretofore conse- crated, shall report to each General Convention his pro- ceedings and acts, and the state of the Mission under his supervision. He shall also make a similar report at least once a year to the Board of Missions of this Church. Election of a Missionary Bi- shop as a Dioce- san. ^ IX. [1.] When a Diocese, entitled to the choice of a Bishop, shall elect as its Diocesan a Missionary Bishop of this Church, if such election shall have taken place within three months before a meeting of the General Convention, evidence thereof shall be laid before each House of the General Convention, and the concurrence of each House, and its express consent, shall be neces- Canon i., 1850. 44 Canon 13 Of Bishops. sary to the validity of said election, and shall complete the same ; so that the Bishop thus elected shall be there- after the Bishop of the Diocese which has elected him. [2.] If the said election have taken place more than three montlis before a meeting of the General Conven- tion, the above process may be adopted, or the follow- ing instead thereof, viz. : The Standing Committee of the Diocese electing shall give duly certified evidence of the election to every Bishop of this Church, and to the Standing Committee of every Diocese. On receiving notice of the concurrence of a majority of the Bishops and of the Standing Committees in the election, and their express consent thereto, the Standing Committee of the Diocese concerned shall transmit notice thereof to every Bishop of this Church, and to the Standing Com- mittee of each vacant Diocese, which notice shall state what Bishops and what Standing Committees have con- sented to the election. And the same Committee shall transmit to every Congregation in the Diocese concerned, to be publicly read therein, a notice of the election to the Episcopate thereof of the Bishop thus elected, and also cause public notice thereof to be given in such other way as they may think proper.* ^ X. It is deemed proper that every Bishop of this Church shall deliver, at least once in three years, a charge to the clergy of his Diocese, unless prevented by reasonable cause. And it is also deemed proper, that, from time to time, he shall address to the people of his * Canon ix., 1856. Concurrence of General Conven- tion. Election during Recess. Consent of Bisk- ops and Stand- ins Committees. Notice of Elec- tion, Of Episcopal Charges and Pas- toral Letters. 45 title I. Canon 13. X I Of Bishops. Diocese, Pastoral Letters on some points of Christian doctrine, worship, or manners." Of Episcopal Visitations. Declining to Vi- sit. Council of Con- ciliation. Proviso. k XL [1.] Every Bishop in this Church shall visit the churches within his Diocese at least once in three years, for the purpose of examining the state of his Church, inspecting the behavior of his Clergy, administering the Apostolic rite of Confirmation, ministering the Word, and, if he think fit, administering the Sacrament of the Lord's Supper to the people committed to his charge. And if a Bishop shall decline, for more than three years, to visit a Parish or Congregation, for reasons which to him shall seem sufficient, it shall be the duty of the Rector or Minister, and Vestry, or of one of them, to apply to the Presiding Bishop, to appoint the five Bishops in charge of Dioceses, who live nearest to the Diocese in which such Church or Congregation may be situated, to act as a Council of Conciliation, who shall amicably determine all matters of difference between the parties, and each party shall conform to the decision of the Council in the premises. If the presiding Bishop shall be the party within whose jurisdiction the Parish or Congregation may be, then the application shall be made to the Bishop next in seniority. And in any such case as is above mentioned, the Bishop within whose juris- diction the Parish or Congregation may be, may, at any time, if he please, apply himself to the presiding Bishop, for a Council of Conciliation ; Provided that, if, by the action of the Greneral Convention, any Canon shall here- after be made for the establishment of a Council or 46 » Canon xxvi., 1832. Canon 13 XI I XIII Of Bishops. Councils of Conciliation, for the general purpose of amicably reconciling differences of this or any other kind, then such a case as is above named, shall be re- ferred to such general Council of Conciliation, and the parties shall abide by its decision. [2.] To enable the Bishop, who may be Rector of a Church, to make his official visitation, it shall be the duty of the Clergy, in such reasonable rotation as may be devised, to officiate for him in the performance of his parochial duties, provision being made for the payment of their expenses. [3.J It is left to each Diocese to make provision, in such way as it may deem proper, for defraying the necessary expenses of the Bishop's visitation. [4.J The Bishop shall keep a register of his proceed- ings at every visitation of his Diocese.* § XII. It is the duty of every Bishop of this Church to reside within his Diocese.'' § XIII. It shall be lawful for any Bishop of a Diocese, who is about to leave, or has left, his Diocese, with the in- tention of going out of the limits of the United States, or, if remaining out of his Diocese for the space of three calen- dar months although without leaving the United States, to authorize, by writing under his hand and seal, the Assistant Bishop, or should there be none, the Standing Committee of such Diocese, to act as the ecclesiastical authority thereof. The Assistant Bishop or Standing Committee so author- ized, shall thereupon become the ecclesiastical authority Ciaia ii., ISj'o. '•Canoai., 185G. Clergy to supply his Place as Rec- tor. Expenses of Vis- itations. Register to be kept. Of Episcopal Residence. Of Bishops ab- sent temporarily from, their Dio- ceses. title I. Canon 13 XIV., XV, Of Bishops. of such Diocese, to all intents and purposes, until such writing shall be revoked, or the Bishop shall return Proviso. within the Diocese ; Provided, that nothing in this Canon shall be so construed as to prevent any Bishop, who may have signed such writing, from exercising his jurisdiction himself, so far as the same may be practica- ble, during his absence from his Diocese, or from per- mitting and authorizing any other Bishop to perform Episcopal offices for him.* Forms of Prayer or Thanksgiving for extraordina- ry Occasions. § XIV. The Bishop of each Diocese may compose forms of prayer or thanksgiving, as the case may require, for extraordinary occasions, and transmit them to each Clergyman within his Diocese, whose duty it shall be to use such forms in his Church on such occasions. And the Clergy, in those States or Dioceses, or other places within the bounds of this Church, in which there is no Bishop, may use the form of prayer or thanksgiving composed by the Bishop of any Diocese. The Bishop in each Diocese may also compose forms of prayer to be used before legislative and other public bodies." Performance of Episcopal Duties in vacant Dio- ceses, Sfc. Invitation, tem- porary and re- vocable. ^ XV. [1.] Any Bishop, Assistant-Bishop, or Missionary Bishop, may, on the invitation of the Convention or the Standing Committee of any Diocese where there is no Bishop, or where the Bishop is, for the time, under a disability to perform Episcopal Offices by reason of a judicial sentence, 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. 48 Canon iii., 1853. b Canon xlvii., 1832. Canon 13. § XVI Of Bishops. [2.] A Diocese without a Bishop, or of which the Bishop is for the time under a disabiUty by reason of a judicial sentence, 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 be authorized to perform all the duties and offices of the Bishop of the Diocese so va- cant or having the Bishop disabled ; until, in the case of a vacant Diocese, a Bishop be duly elected and con- secrated for the same ; and, in the case of a Diocese whose Bishop is disqualified as aforesaid, until the disqualifica- tion be removed ; or until, in either case, the said act of the Convention be revoked. [3.] No Diocese thus placed under the full charge and authority of the Bishop of another Diocese, or of a Mis- sionary Bishop, shall invite a second Bishop to perform any Episcopal duty, or exercise authority, till its connec- tion with the first Bishop has expired or is revoked.* k XVI. [1.] If, during the session of the General Con- vention, or within six calendar months before the meet- ing of any such Convention, a Bishop shall desire to resign his jurisdiction, he shall make known in writing to the House of Bishops such his desire, together with the reasons moving him thereto, whereupon the House of Bishops may investigate the whole case of the proposed resignation, including not only the facts and reasons that may be set forth in the application for the proposed res- ignation, but any other facts and circumstances bearing upon it, so that the whole subject of the propriety or ne- » Canon iv., 1847. Full Charge of another Bishop. No other Bishop to officiate dur- ing such Charge. Of Episcopal Resignations. Investigation. 49 title I. Canon 13, X V I Of Bishops. House of Bishops to Ac- cept or Refuse. Resignation du- ring Recess. The Bishops to meet. cessity of such resignation may be placed fully before the House of Bishops. [2.] An investigation having thus been made, the House of Bishops may decide on the application ; and, by the vote of a majority of those present, accept or refuse to accept such resignation ; and in all cases of a proposed resignation, the Bishops shall cause their pro- ceedings to be recorded on their journal ; and in case of acceptance, the resignation shall be complete when thus recorded ; and notice thereof shall be given to the House of Clerical and Lay Deputies. [3.] In case a Bishop should desire to resign at any period not within six calendar months before the meet- ing of a Greneral Convention, he shall make known to the Presiding Bishop such his desire, with the reasons moving him thereunto ; whereupon the Presiding Bishop shall communicate, without delay, a copy of the same to every Bishop of this Church having ecclesiastical jurisdiction, and also to the Standing Committee of the Diocese to which the Bishop desiring to resign may belong ; and, at the same time, summon said Bishops to meet him in person, at a place to be by him designated, and at a time not less than three calendar months from the date of his summons; and should a number not less than a majority of all the said Bishops meet at the time and place designated, they shall then have all the powers given by the previous clauses of this Section to the House of Bishops ; and should a number less than a majority assemble, they shall have power to adjourn from time to time, until they can secure the attendance of a majority of all the said Bishops. Should a proposed resignation of a Bishop 50 Of Bishops, be accepted at any meeting of the Bishops for that pur- pose held during a recess, then it shall be the duty of the senior Bishop present to pronounce such resignation complete, and to communicate the same to the ecclesi- astical authority of each Diocese, who shall cause the same to be communicated to the several clergymen in charge of congregations therein. And it shall be the fur- ther duty of the Presiding Bishop to cause such resigna- tion to be formally recorded on the journal of the House of Bishops that may meet in General Convention next thereafter. If the Bishop desirous of resigning should be the Presiding Bishop, then all the duties directed in this Section to be performed by the Presiding Bishop shall de- volve upon the Bishop next in seniority'. [4.] No Bishop whose resignation of the Episcopal jurisdiction of a Diocese has been consummated pursuant to this section, shall, under any circumstances, be eligi- ble to any Diocese now in union, or which may hereaf- ter be admitted into union, with this Church ; nor shall he have a seat in the House of Bishops ; but he may perform Episcopal acts at the request of any Bishop of this Church having ecclesiastical jurisdiction, within the limits of his Diocese. [5. J A Bishop who ceases to have the Episcopal charge of a Diocese shall still be subject in all matters to the Canons and authority of the General Convention. [6.] In case a suspended Bishop of this Church should desire to resign at any period not within six calendar months before the meeting of a General Convention, he shall make known by letter to the Presiding Bishop such desire; whereupon the presiding Bishop shall communicate a copy of the same to each Bishop of this Church having Notice. Record. If Presiding Bishop. Resigned Bishop not eligible to a Diocese. Bishops without Charge subject to General Conven- tion. Resignation of suspended Bishop. n\ title I. Canon 14 I, II Notice. Secretary of the Lovier House to keep a Register. Notification of admitted Ministers. 52 Of a List of the Ministers of this Church. jurisdiction ; and, in case a majority of such Bishops shall return to the Presiding Bishop their written assent to such resignation, the same shall be deemed valid and final ; and written information of the said resignation shall at once be communicated by the presiding Bishop to the Bishop and Diocese concerned, and to each Bishop of this Church." Canon 14. Of a List of the Ministers of this Church. k I. The Secretary of the House of Clerical and Lay Deputies shall keep a register of all the Clergy of this Church, whose names shall be delivered to him, in the following manner, that is to say : Every Bishop of this Church, or where there is no Bishop the Standing Com- mittee of the Diocese, shall, at the time of every Greneral Convention, deliver, or cause to be delivered, to the said Secretary, a list of the names of all the Ministers of this Church in their proper Diocese, annexing the names of their respective cures or of their stations in any colleges or other seminaries of learning ; or, in regard to those who have not any cures or other stations, their places of residence only; and the said list shall, from time to time, be published in the journals of the G-eneral Con- vention. § II. And, further, it is recommended to the several Bishops of this Church, and to the several Standing » Canon ii., 1850. Canon 15 §1 Mode of Securmg an Accurate Vieic, etc. Committees, that, during the intervals between the meetings of the G-eneral Convention, they take such means of notifying the admission of Ministers among them, as, in their discretion, respectively, they shall think effectual to the purpose of preventing ignorant and unwary people from being imposed on by persons pretending to be authorized Ministers of this Church.* Canon 15. Of the Mode of securing' an accurate View of the State of the Church. ^ I. As a full and accurate view of the state of the Church, from time to time, is highly useful and neces- sary, it is hereby ordered that every Minister of this Church, or if the parish be vacant the Wardens, shall present, or cause to be delivered, on or before the first day of every Annual Convention, to the Bishop of the Diocese, or where there is no Bishop to the President of the Convention, a statement of the number of baptisms, confirmations, marriages and funerals, and of the number of communicants in his parish or Church, also the state and condition of the Sunday Schools in his parish, also of the amount of the Communion alms, the contributions for missions, diocesan, domestic and foreign, for parochial schools, for Church purposes in general, and of all other matters that may throw light on the state of the same. And every clergyman, not regularly settled in any parish or Church, shall also report the occasional services he Statement by Minister in Pa- rochial Reports. Clergymen not settled, to report Services. » Canon xlviii., 1832. 53 title I. Canon 15. II., Ill, Bishop's Ad- dress. Committee on the State of the Church. Mode of Securing an Accurate View, etc. Pastoral Letter. 54 raay have performed ; and, if he have performed no such services, the causes or reasons which have prevented the same. And these reports, or such parts of them as the Bishop shall think fit, may be read in Convention, and shall be entered on the journals thereof. § II. At every annual Diocesan Convention, the Bishop shall deliver an address, stating the affairs of the Diocese since the last meeting of the Convention ; the names of the Churches which he has visited ; the num- ber of persons confirmed ; the names of those who have been received as candidates for Orders, and of those who have been ordained, suspended, or degraded ; the changes by death, removal, or otherwise, which have taken place among the Clergy ; and, in general, all matters tending to throw light on the affairs of the Diocese ; which address shall be inserted on the journals. ^ III. At every General Convention, the journals of the difierent Diocesan Conventions since the last General Convention, together with such other papers, viz. : Epis- copal charges, addresses, and pastoral letters, as may tend to throw light on the state of the Church in each Diocese, shall be presented to the House of Clerical and Lay Deputies. A Committee shall then be appointed to draw up a view of the State of the Church, and to make report to the House of Clerical and Lay Deputies ; which report, when agreed to by the said House, shall be sent to the House of Bishops, with a request that they will draw up, and cause to be published, a Pastoral Letter to the members of the Church. And it is hereby made the duty of every clergyman having a pastoral charge, Canon 15 §IV., V Mode of Securing an Accurate View etc. when any such Letter is published, to read the said Pas- toral Letter to his congregation on some occasion of public worship. § IV. It shall be the duty of the Secretary of the Con- vention of every Diocese, or of the person or persons with whom the journals or other ecclesiastical papers are lodged, to forward to the House of Clerical and Lay Deputies, at every General Convention, the documents and papers specified in this Canon. k V. It is recommended that the Bishop and Standing Committee of the Church in every Diocese, or, if there be no Bishop, the Standing Committee only, prepare, previously to the meeting of every General Convention, a condensed report, and a tabular view of the slate of the Church in their Diocese, comprising therein a summary of the statistics from the parochial reports, and from the Bishop's addresses, specifying the capital and proceeds of the Episcopal fund, and of all benevolent and missionary associations of churchmen within the Diocese, for the purpose of aiding the Committee on the state of the Church, appointed by the House of Clerical and Lay Deputies, in drafting their reports." » Canon xii., 1853. To he read to every Congregation. Duty of Diocesan Secretaries. Recommenda- tion to Bishop, etc. Condensed Sum- mary. 55 ^ttU I. Canons 16 and 17. §1 Editions of the Bible to be Cor- rected by the Standard- Certificate. Correct Editions of the Prayer- Book, Sfc. Certificate. 56 Of the Mode of Publishing the Bible., etc. Canon 16. Of the Mode of Publishing authorized Editions of the Standard Bible of this Church. The Bishop of this Church in any Diocese, or where there is no Bishop the Standing Committee, is author- ized to appoint, from time to time, some suitable person or persons, to compare and correct all new editions of the Bible by the standard edition agreed upon by the General Convention, and a certificate of their having been so compared and corrected shall be published with said book,* Canon 17. Of Publishing Editions of the Book of Common Prayer. k 1. The Bishop of this Church in any Diocese, or, where there is no Bishop, the Standing Committee there- of, shall appoint one or more Presbyters of the Diocese, who shall compare and correct all new editions of the Common Prayer-Book, the Articles, Offices, Metre Psalms and Hymns, by a copy of the standard edition; and a certificate of said editions, having been so compared and corrected, shall be published with the same. And in case any edition shall be published without such correc- tion, it shall be the duty of the Bishop, or, where there be no Bishop, of the Standing Committee, to give public notice that such edition is not authorized by the Church. ^ Canon xliv., 1832. Canons 18 and 19 Of the due, Celebration of Sundays. k 11. The octavo edition of the Book of Common Prayer, the Articles, Offices, Metre Psalms, and Hymns, set forth by the Greneral Convention of 1844, and pub- lished by the New- York Bible and Common Prayer- Book Society, and by Harper & Brothers, in 1845, is hereby declared to be the standard edition." Canon 18. Of the due Celebration of Sundays. All persons within this Church shall celebrate and keep the Lord's day, commonly called Sunday, in hear- ing the "Word of G-od read and taught, in private and public prayer, in other exercises of devotion, and in acts of charity, using all godly and sober conversation." Canon 19. Of Parochial Instruction. The Ministers of this Church who have charge of parishes or cures, shall not only be diligent in instructing the children in the Catechism, but shall also, by stated catechetical lectures and instruction, be diligent in in- forming the youth and others in the Doctrine, Constitu- tion and Liturgy of the Church." » Canon vii., 1847. " Canon xli., 1832. Canon xxviii., 1832. What is the Standard Edi- tion. Observance of the hordes Day. Parochial In- struction. 57 Citk I. Canon 20 Of the Use of the Book of Common Prayer. Use of the Book of Common Prayer. Canon 20, Of the Use of the Book of Common Prayer. Every minister shall, before all sermons and lectures, and on all other occasions of public worship, use the Book of Common Prayer, as the same is or may be established by the authority of the Greneral Convention of this Church ; and in performing such service, no other prayers shall be used than those prescribed by the said Book.'' Canon xlv., 1832. 58 C A NO N 1 . h 1 1 1 title II. OF DISCIPLINE. Canon 1. Of Amenability and Citations. § I. Every Minister shall be amenable, for offences com- mitted by him, to the Bishop, and if there be no Bishop to the clerical members of the Standing Committee, of the Diocese in which he is canonically resident at the time of the charge. To whom Min- isters are amena- ble. § II. Unless a Diocesan 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 be 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." Mode of serving Citations. § III. A notice or citation required by any Canon of this Church, when no other mode of service is provided, may be'served by leaving a copy with the party, or at his ^ Canon v., 1835. Of Notices in general. 59 ®itle II. Canon 2 I., II Of Offences for which Ministers may he Tried, etc. last place of abode within the United States ; and if he shall have left the United States, by also publishing a copy thereof in some newspaper printed at the seat of government of the State or Territory where such party last resided.* Punishable Of- fences. Proceedings on Public Rumor. 60 C ANON 2. Of Offences for which Ministers may be Tried and Punished. k I. Every Minister shall be liable to presentment and trial, for any crime or gross immorality, for dis- orderly conduct, for drunkenness, for profane swearing, for frequenting places most liable to be abused to licen- tiousness, and for violation of the Constitution or Canons of this Church, or of the Diocese to which he belongs ; and, on being found guilty, he shall be admonished, sus- pended, or degraded, according to the Canons of the Diocese in which the trial takes place, until otherwise provided for by the General Convention. § II. If a Minister of this Church shall be accused, by public rumor, of discontinuing all exercise of the ministerial office without lawful cause, or of living in the habitual disuse of public worship or of the Holy Eucharist according to the offices of this Church, or of being guilty of scandalous, immoral, or disorderly con- duct, or of violating the Canons, or preaching or incul- cating heretical doctrine, it shall be the duty of the » Added, 1859. Canon §1 Misdemeanor in another Diocese. Bishop, or if there be no Bishop of the clerical members of the Standing Committee, to see that an inquiry be instituted as to the truth of such public rumor. And in case of the individual being proceeded against and. convicted according to such rules or process as may be provided by the Conventions of the respective Dioceses, he shall be admonished, suspended, or degraded, as the nature of the case may require, in conformity with their respective Constitutions and Canons." Canon 3. Of a Clergyman in one Diocese or Missionary Dis- trict chargeable with Misdet7ieanor in another. ^ I. If a clergyman of this Church, belonging to any Diocese or Missionary District, shall, in any other Dio- cese or Missionary District, conduct himself in such a way as is contrary to the rules of this Church, and dis- graceful to his office, the ecclesiastical authority thereof shall give notice of the same to the ecclesiastical au- thority where he is canonically resident, exhibiting, with the information given, reasonable ground for presuming its correctness. If the ecclesiastical authority, when thus notified, shall omit, for the space of three months, to pro- ceed against the offending clergyman, it shall be within the power of the ecclesiastical authority of the Diocese or Missionary District within which the alleged offence or offences were committed, to institute proceedings, and the decision given shall be conclusive. * Canon xxxvii., 1832. Punishments. Offence com- mitted in a dif- ferent Diocese. Notice to Au- thority of Offend- er's Diocese. Proceedings on Neglect to act. 61 title II. Canon 3 . § II., Ill Misdemeanor in another Diocese, Bishop may ad- monish and for- bid Officiating. Notice of Prohi- bition. Prohibition how Ions; to continue. ^ 11. If a clergyman shall come temporarily into any Diocese, under the imputation of having elsewhere been guilty of any crime or misdemeanor, by violation of the Canons or otherwise, or if any clergyman, while sojourning in any Diocese, shall misbehave in any of these respects, the Bishop, upon probable cause, may ad- monish such clergyman, and forbid him to officiate in said Diocese. And if, after such prohibition, the said clergyman so officiate, the Bishop shall give notice to all the clergy and congregations in said Diocese, that the officiating of the said clergyman is, under any and all circumstances, prohibited ; and like notice shall be given to the Bishop, or if there be no Bishop to the Standing Committee, of the Diocese to which the said clergyman belongs. And such prohibition shall continue in force, until the Bishop of the first named Diocese be satisfied of the innocence of the said clergyman, or until he be acquitted on trial. Applicable to Clergymen or- dained in For- eign Countries. Notice of Pro- hibition. ^ in. The provisions of the last Section shall apply to clergymen ordained in foreign countries by Bishops in communion with this Church. Provided, that in such case notice of the prohibition shall be given to the Bishop under whose jurisdiction the clergyman shall appear to have last been, and also to all the Bishops exercising jurisdiction in this Church." » Canon \i., 1850. 62 Canon 4 Of the Dissolution of a Pastoral Connection. Canon 4. Of the Dissolution of a Pastoral Connection. k I. When a Minister has been regularly instituted or settled in a Parish or Church, he shall not be dismissed without the concurrence of the ecclesiastical authority of the Diocese ; and in case of his dismission without such concurrence, the Vestry or Congregation of such Parish or Church shall have no right to a representation in the Convention of the Diocese, until they have made such satisfaction as the Convention may require. Nor shall any Minister leave his congregation against their will, without the concurrence of the ecclesiastical autho- rity aforesaid ; and if he shall leave them without such concurrence, he shall not be allowed to take his seat in any Convention of this Church, or be eligible into any Church or Parish, until he shall have made such satis- faction as the ecclesiastical authority of the Diocese may require. k II. In case of the regular and canonical dissolution of the connection between a Minister and his congrega- tion, the Bishop, or if there be no Bishop the Standing Committee, shall direct the Secretary of the Convention to record the same. But if the dissolution of the con- nection between a Minister and his congregation be not regular or canonical, the Bishop or Standing Com- mittee shall lay the same before the Convention of the Diocese, in order that the above-mentioned penalties may take effect. This Canon shall not be obligatory on those Dioceses with whose usages, laws, or charters, it interferes." > Canon xxxiii., 1832. No Dismi!isai of settled Minister without Consent of Authority. Minister not to leave without Concurrence of Authority. Record upon Re- gular Dissolu- tion. Submission to Convention in other Cases. 63 Qlitit II. Canon 5 l.-I V Renunciation when no ecclesi- astical Proceed- ing is pending. Bishop to depose. When Bishop of another Diocese may sentence. Action may be suspended for six Months. Renunciation under Liability to Presentment. 64 Of Renunciation of the Ministry. Canon 5. Of Renunciation of the Ministry. ^ I. If any Minister of this Church, against whom there is no ecclesiastical proceeding instituted, shall de- clare, in writing, to the Bishop of the Diocese to which he belongs, or to any ecclesiastical authority for the trial of a clergyman, or where there is no Bishop to the Standing Committee, his renunciation of the ministry, and his design not to officiate in future in any of the offices thereof, it shall be the duty of Ihe Bishop, or where there is no Bishop of the Standing Committee, to record the declaration so made ; and it shall be the duty of the Bishop to depose him from the Ministry, and to pronounce and record in the presence of two or more clergymen, that the person so declaring has been de- posed from the Ministry of this Church, ^11. In any Diocese in which there is no Bishop, the same sentence may be pronounced by the Bishop of any other Diocese invited by the Standing Committee to attend for that purpose. ^ III. If the Bishop, to whom such declaration re- nouncing the Ministry is made, shall have reason to believe that the party has acted unadvisedly and hastily, he may forbear all action thereupon for the space of not more than six months, during which time the party may withdraw his application. ^ IV. If the Bishop shall have ground to suppose the party to be liable to presentment for any canonical offence, he may, in his discretion, and with the consent Canon 6 . §1 Abandonment by a Presbyter or Deacon. of the Standing Committee, proceed to have the appli- cant put upon his trial, notwithstanding his having made the aforesaid declaration ; and the same discretion is allowed to the Standing Committee, in case the Dio- cese should be without a Bishop. k V. In the case of deposition from the Ministry, as above provided for, it shall be the duty of the Bishop to give notice thereof to every Bishop of this Church, and to the Standing Committee of every Diocese wherein there is no Bishop." Canon 6. Of the Abandonment of the Communion of this Church by a Presbyter or Deacon. k I. If any Presbyter or Deacon shall, without availing himself of the provisions of Canon V. of this Title, abandon the Communion of this Church, either by an open renunciation of the doctrine, discipline, and worship of this Church, or by a formal admission into any reli- gious botly not in communion with the same, it shall be the duty of the Standing Committee of the Diocese to make certificate of the fact to the Bishop of the Diocese, or, if there be no Bishop, to the Bishop of an adjacent Diocese; which certificate shall be recorded, and shall be taken and deemed by the ecclesiastical authority as equivalent to a renunciation of the Ministry by the Min- ister himself. Notice shall then be given to the said Minister, by the said Bishop receiving the certificate, » Canon v., 1850. Trial may pro- ceed. Notice of Depo- sition. Abandonment without Renun- ciation. Certificate. Notice. 65 Citk II. C ANO N 7. A Cler'gyman absenting himself from his Diocese. Deposition after six Months. Proviso. that unless he shall, within six months, make declara- tion that the facts alleged in said certificate are false, he will be deposed from the Ministry of this Church. ^ II. And if such declaration be not made within six months as aforesaid, it shall be the duty of the Bishop to depose said Minister from the Ministry, and to pronounce and record, in the presence of two or more Presbyters, that he has been so deposed. Provided, nevertheless, that if the Minister so re- nouncing shall transmit, to the Bishop receiving the cer- tificate, a retraction of the acts or declarations constituting his offence, the Bishop may, at his discretion, abstain from any further proceedings. Absence for two Years, when Ground of Sus- pension. Duration of Sen- tence. 66 Canon 7. Of a Clergyman absenting himself from his Diocese. When a clergyman has been absent from the Diocese to which he belongs, during two years, without reasons satisfactory to the Bishop thereof, he shall be required by the Bishop to declare the cause or causes thereof in writing ; and if he refuse to give his reasons, or if they be deemed insufficient by the Bishop, the Bishop may, with the advice and consent of the clerical members of the Standing Committee, suspend him from the minis- try ; which suspension shall continue until he shall give, in writing, sufficient reasons for his absence ; or until he shall renew his residence in his Diocese ; or until he shall renounce the Ministry according to Canon 5 of ^ Canon of 1859. Canon 8, Abandonrnent by a Bishop. this Title. In the case of such suspension as above pro- vided for, it shall be the duty of the Bishop to give notice thereof to every Bishop of this Church, and to the Standing Committee of every Diocese wherein there is no Bishop." Canon 8. Of the Abandonment of the Communion of the Church by a Bishop. If any Bishop, without availing himself of the provis- ions of Section XVI. of Canon 13 of Title I., abandon the Communion of this" Church, either by an open renunci- ation of the doctrine, discipline, and worship of this Church, or by a formal admission into any religious body not in communion with the same, it shall be the duty of the Standing Committee of the Diocese to make certificate of the fact to the senior Bishop, which certi- ficate shall be recorded, and shall be taken and deemed as equivalent to a renunciation of the Ministry by the Bishop himself. Notice shall then be given to said Bishop by the said Bishop receiving the certificate, that unless he shall, within six months, make declaration that the facts alleged in said certificate are false, he will be deposed from the Ministry of this Church. And if such declaration be not made within six months as aforesaid, it shall be the duty of the senior Bishop, with the consent of the majority of the House » Canon ii.. 1841. Notice to be giv- en. Abandonment of Communion by a Bishop. Notice to be given. Deposition. 67 title II. Canon 9 . I., II Of the Trial of a Bishop. Proviso. of Bishops, to depose from the Ministry the Bishop so certified as abandoning, and to pronounce and record, in the presence of two or more Bishops, that he has been so deposed. Provided, nevertheless, that if the Bishop so certified as abandoning, shall transmit to the senior Bishop a re- traction of the acts or declarations constituting his offence, the Bishop ma.y, at his discretion, abstain from any further proceedings.^ Offences for which a Bishop may be tried. Canon 9. Of the Trial, of a Bishop. ^ 1. Any Bishop of this Church may be presented for trial on charges for the follow^ing offences, viz. : 1. Crime or immorality. 2. Holding and teaching publicly, or privately and advisedly, any doctrine contrary to that held by the Protestant Episcopal Church in the United States. 3. Violation of the Constitution or Canons of the Greneral Convention. 4. Violation of the Constitu- tion or Canons of the Diocese to which he belongs. 5. Any act which involves a breach of his Ordination or Consecration vows. Charges in Wri- ting. h II. [1.] The proceedings shall commence by charges in writing; and, except when the charge is holding and teaching doctrine contrary to that held by this Church, shall be signed by either. 68 » Canon of 1859. Canon 9 §" Of the Trial of a Bishop. Five male communicants of this Church, in good standing, belonging to the Diocese of the accused, of whom two at least must be Presbyters ; or. By seven male communicants of this Church, in good standing, of whom two at least shall be Presbyters, and three of which seven shall belong to the Diocese of the accused. [2.] Whenever a Bishop of this Church shall have reason to believe that there are in circulation rumors, reports, or charges affecting his moral or religious char- acter, he may, if he please, acting in conformity w^ith the written advice and consent of any two of his brother Bishops whom he may select, demand of the Presiding Bishop of the House of Bishops, or if he be the Bishop affected by such rumors, or if he be related to him within the degrees hereinafter mentioned, then to the Bishop next in seniority not so related, to convene a Board of Inquiry in the mode hereinafter set forth, to investigate such rumors, reports, and charges, and to pro- ceed, in all respects, according to the provisions of this Canon, as if charges had been formally made in either of the two modes first mentioned in this section. [J3.] Wlienever charges are formally made in either of the modes first above mentioned, the accusers may, if they choose, select a lay communicant of this Church, of the profession of the law, to act as their adviser, advocate and agent, in preparing the accusation, proofs, etc., until such time as a Board of Inquiry is convened in such manner as is hereinafter provided for ; or they may pre- pare such charges themselves, without regard to any particular form ; and, in either case, the grounds of ac- cusation must be set forth with reasonable certainty of time, place, and circumstance. By whom to be signed. Action on Ru- mors. If advised by two Bishops. Accusers may choose a lay Ad lo- cate and Agent. Reasonable Certainty of Charges. C9 QLiik II. To whom to be delivered. Board of Inquiry. How Constitu- ted. Notice to Mem- bers. 70 Canon 9. Siii.,iv. 0/ the Trial of a Bishop. § III. The charges, having been prepared in either of the modes first above mentioned, shall then be delivered to the Presiding Bishop of this Church, if he be not the accused, nor related to the accused in any degree men- tioned hereinafter in this Canon; in either of which cases, the charges shall be delivered to the next Bishop in seniority not so related. § IV, A Board for making a preliminary inquiry into charges thus preferred, shall be constituted as follows, whenever such Board shall be necessary, viz. : [l.j The Presiding Bishop, or senior Bishop, as the case may be, to whom such charges are delivered, shall take the list of Clerical and Lay Deputies to the last General Convention that was held before such charges were presented, and from that list shall choose by lot two Presbyters and two laymen from the deputation of the Diocese of the accused, and two Presbyters and two laymen from each of the respective deputations of the three Dioceses adjoining that of the accused ; and if there be not three adjoining, of the three nearest thereto ; and if more than three Dioceses adjoin that of the ac- cused, those three that have the largest number of canonically-resident Presbyters in them shall be ac- counted adjoining, for the purposes of this Canon ; and the sixteen individuals thus selected by lot shall consti- tute the Board of Inquiry, a majority of whom shall form a quorum for doing business. [2.] The Presiding Bishop, or next in seniority as the case may be, immediately after thus selecting by lot the Board of Inquiry, shall give notice thereof to each mem- ber of said Board, and direct him to attend at a time Canon 9 § 1 V. Of the Trial of a Bishop. and place designated by him, and organize the Board ; and it shall be the duty of each member so to attend. The place must be within the Diocese of the accused. The Presiding Bishop shall, at the same time, send a copy of the charges to the senior Presbyter of those thus selected by lot from the four Dioceses. [3.] On assembling, the Board shall organize by choos- ing from among; themselves a President and Secretary, and shall also appoint a Church Advocate, who must be a lay communicant of this Church, and of the profession of the law, and who thenceforward shall, in all stages of the proceedings, if a trial be ordered, represent the Church, and be the party on the one hand, while the ac- cused is the party on the other. The sittings of the Board shall be private ; the Church Advocate shall not attend as prosecuting counsel, but shall be at all times at hand and ia readiness to give his advice in all ques- tions submitted to him by the Board. [4.] In conducting the investigation, the Board shall hear the accusations and such proof as the accusers may produce, and shall determine whether, upon matters of law and of fact, as presented to them, there is sufficient ground to put the accused Bishop upon his trial ; and in such investigation, as well as in all cases of trial by an Ecclesiastical Court now authorized, or hereafter to be authorized, by the Constitution or Canons of the General Convention, the laws of the State in which such investi- gation or trial is had, so far as they relate to the law of evidence, shall be adopted and taken as the rules by which the said Board or Court shall be governed. If a majority of the Board present on such investigation, shall be of opinion that there are sufficient grounds to Place of Meeting. Copy of Charges to he sent. Organization of the Board. Sittings to be private. Office of Church Advocate. Duty of the Board. Rides of Evidence those of the State in which theTrial is had. Presentment. title II. Canon 9 IV Of the Trial of a Bishop. Copies of Pre- sentment to be sent. Refusal to Pre- sent. Certificate of Re- fusal, Bar to Future Presentment. Exception. Limitation of Time. Conviction in a State Court. 72 put the accused Bishop upon his trial, they shall direct the Church Advocate to prepare a presentment, to be signed by such of the Board as agree thereto ; and to that end, shall place in his hands all the charges, to- gether with the testimony that has been laid before the Board. [5.] The Board shall then direct the Church Advocate to transmit to the Bishop from whom they received the charges, the presentment thus signed ; and shall cause him also, without delay, to send to the accused Bishop a copy of the same, certified by the Church Advocate to be correct. [6.] If a majority of the Board present shall be of opinion that there is not sufficient ground to put the ac- cused Bishop upon his trial, in such case, the charges, together with a certificate of the President of the Board of its refusal to make a presentment, shall be sent to the Secretary of the House of Bishops, to be deposited among the archives of that House. And no proceedings shall thereafter be had by way of presentment on such charges, except upon the affidavit of a respectable com- municant of the Church, of the discovery of new testi- mony as to the facts charged, and setting forth what such testimony is. [7.] No presentment shall be found in any case, unless the alleged offence shall have been committed within five years next before the day on which the charges were delivered to the Presiding or senior Bishop. But if the accused shall have been convicted of the alleged offence in a State court, notwithstanding five years may have elapsed since its commission, a presentment may be founded on charges delivered to the Presiding or Canon 9 §^ Of the Trial of a Bishop. senior Bishop at any time within one year after such conviction. ^ V. [1.] When a presentment has been made by the Board of Inquiry, or a majority thereof, to the Bishop from whom they received the charges, it shall be the duty of such Bishop forthwith to give to the accused written notice to attend, at some place not more than one hundred miles from the place of residence of the accused Bishop, and at some time not less than twenty days after the time of serving such notice, either per- sonally, or by some agent authorized by him in writing to act for him in the premises, for the purpose of select- ing the Bishops who shall form the Court for the trial of the said accused Bishop upon the said presentment. He shall also give notice to the Church Advocate of the time and place appointed for such selection. [2.] At the time and place appointed in the notices, the Bishop who has given the notices shall attend ; and, in the presence of the accused Bishop, or of his agent authorized as aforesaid, and also in the presence of the Church Advocate, or of such person or persons as may attend in his behalf, or, if no person shall attend on behalf of one or both, of two Presbyters named by him- self, the said Bishop shall cause to be placed in a vessel the names of all the Bishops of this Church entitled to seats in the House of Bishops, then being within the ter- ritory of the United States, except the accused and those Bishops who may be related to him either by con- sanguinity or affinity, in the direct ascending or de- scending line, or as brother, uncle, or nephew. He shall then cause eleven of the said names to be drawn. The Notice to Accused upon Present- ment. And to Church Advocate. Formation of the Court. Eleven Names to be draicn. 73 title II. Canon 9 Of the Trial of a Bishop. Eleven reduced to Seven. Notice to Mem- bers of the Court. Appointment of Time and Place. Certified copies. Summons of the Accused. 74 names so drawn, shall Ije entered upon a list as they are drawn, and the accused or his agent may strike off the list one name, and the said Church Advocate or his agent another name, and so on alternately, until the number be reduced to seven. If it shall happen that either party shall neglect or refuse to strike, then the Bishop who has given the notices shall reduce the number to seven, by striking off so many of the last drawn names as will reduce the list to that number. The seven Bishops whose names remain, or a majority of them, when assembled, shall constitute the Court for the trial of the accused upon the presentment. [3.] The Court having been thus constituted, the Bish- op to whom the presentment was made shall immedi- ately communicate to each Bishop who has thus been by lot designated as one of the triers, the fact that he is a member of the Court. He shall also appoint a time and place for the assembling of the Court. The time shall not be less than two nor more than six calendar months from the day on which the notice should arrive at the most distant Diocese, in the ordinary course of the public mail. The place shall be within the Diocese or Missionary field of the accused Bishop, unless where the same may be of such difficult access, in the judg- ment of the Presiding or senior Bishop, that reasonable convenience may require the appointment of another location. And the said senior Bishop shall cause the Church Advocate to send certified copies of the said presentment to all the Bishops who constitute the Court. [4.] The Bishop to whom the presentment has been made shall also immediately communicate to the accused the names of the members of the Court, and inform him Canon 9 . VI Of the Trial of a Bishop of the time and place appointed for its meeting, and sum- mon him then and there to appear and answer. He or any other Bishop of this Church having charge of a Dio- cese, shall have power, until the Court assembles, upon the application of either the Church Advocate or the ac- cused, to issue a summons for witnesses. ^ VI. The Bishops who constitute the Court, or a ma- jority of them, having assembled according to the notice given them, which notice it is hereby made their duty to obey, shall proceed as follows, viz. : [1.] They shall elect a President out of their own num- ber, and appoint a Presbyter of the Church as Clerk, and if necessary, another Presbyter as Assistant Clerk ; and when thus organized, the President shall direct the Clerk to call the names of the Church Advocate and the ac- cused ; and if both appear, he shall then cause the Clerk to read the presentment which was delivered to the Pre- siding or senior Bishop, whose duty it is hereby made to deliver the same to the Court upon its organization, [2.] The accused shall then be called upon by the Court to say whether he is guilty or not guilty of the offence or offences charged against him, and his plea shall be duly recorded ; and on his neglect or refusal to plead, the plea of not guilty shall be entered for him, and the 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 trial, have liberty to be present, and in due time and order produce his testimony, and to make his defence. [3.] If the accused neglect or refuse to appear in per- son, according to the notice served on him as aforesaid, Power to sum- mon Witnesses. Course of Pro- ceeding on the Trial. President. Clerk. Reading the Presentment. The Call to plead. Provisos. Non-appearance. 75 title 11. Canon 9. V I Of the Trial of a BishojJ. Contumacy. Three Months^ Grace to appear. The Common. Law, the Rule of Proceeding. Declaration of Witness in Writ- ing before testi- fying. except for some reasonable cause to be allowed by the Court, they shall proceed to pronounce him in contu- macy, and notify him that sentence of suspension or degradation will be pronounced against him by the Court at the expiration of three months, unless within that time he tender himself ready, and accordingly ap- pear and take his trial on the presentment. But if the accused shall not lender himself before the expiration of the said three months, sentence of suspension or degra- dation from the Ministry may be pronounced against him by the Court. [4.] The accused being present, and the trial proceed- ing, it shall be conducted according to the principles of the Common Law, as the same are generally administered ill the United States ; nor shall any testimony be receiv- ed at the trial, except from witnesses who have signed a declaration in the following words, to be read aloud before the witness testifies, and to be filed with the rec- ords of the Court : " A. B., a witness summoned to testify on the trial of a presentment against the Right Rev. , a, Bishop of the Protestant Episcopal Church in the United States, new pending, do most solemnly call God to witness that the evidence I am about to give shall be the truth, the whole truth, and nothing but the truth ; so help me God !" Depositions when Attend- ance cannot be procured. 76 And if it be necessary to take the testimony of an ab- sent witness on a commission, such testimony shall be preceded by a similar written declaration of the witness, which shall be filed and transmitted with his or her de- position to the Court. The testimony of each witness shall be reduced to writing. And in case there is ground to suppose that the attendance of any witness on the trial cannot be obtained, it shall be lawful for either party to Canon 9 Of the Trial of a Bishop. apply to the Court if in session, or if not, to any mem- ber thereof, who shall thereupon appoint a commissary to take the deposition of such witness ; and such party so desiring to take the deposition, shall give to the other party reasonable notice of the time and place of taking such deposition, accompanying such notice with the in- terrogatories to be propounded to the witness ; where- upon it shall be lawful for the other party, within six days after such notice, to propound cross-interrogatories ; and such interrogatories and cross-interrogatories, if any be propounded, shall be sent to the commissary, who shall thereupon proceed to take the testimony of such witness, upon oath or affirmation, and transmit it under seal to the Court. But no deposition shall be read at the trial, unless the Court have reasonable assurance that the attendance of the witness cannot be procured, or unless both parties shall consent that it may be read. Provided, that in any Diocese in which the civil gov- ernment has authorized the ecclesiastical courts therein to issue summons for witnesses, or to administer an oath, the Court shall act in conformity to such laws. [5.] All notices and papers may be served by a sum- moner or summoners, to be appointed by the Court when the same is in session, or by a member thereof ; and the certificate of any such suramoner shall be evidence of the due service of a notice or paper. In case of service by any other person, the fact may be proved by the affi- davit of such person. The delivery of a written notice or paper to the accused party, or to the Church Advocate, or leaving it, or a copy thereof, at the residence, or last known residence, of either, shall be deemed sufficient service of such notice or paper, on the Church Advocate § VI Commissary. Cross-examina- tion. On what Condi- tion Depositions to he read. Proviso. Service of No- tices and Papers Certificate of Service. Mode of Service 77 title II. Canon 9. VI Of the Trial of a Bishop. Accused may have Counsel. Counsel to he Communicants. Court to express Opinion on each- Charge and Specification. Decision to be re- duced to Writing and signed. 78 and accused respectively. If the person to be served with any notice or paper shall have left the United States, it shall be a sufficient service thereof to leave a copy of such notice or paper at his last place of abode within the United States, sixty days before the day on which the appearance, or other act required by the said notice or paper, is to be performed. [6.] The accused party may, if he think proper, have the aid of counsel ; and if he should choose to have more than one counsel, the Church Advocate may have assist- ant advocates, to be named by the accusers ; but in every case the Court may regulate the number of counsel who shall address the Court or examine witnesses. The Church Advocate shall be considered the party on one side, and the accused on the other. All counsel must be commu- nicants of the Church. [7.] The Court, having fully heard the allegations and proofs of the parties, and deliberately considered the same, after the parties have withdrawn, shall declare respectively, whether, in their opinion, the accused is guilty or not guilty of each particular charge and speci- fication contained in the presentment, in the order in which they are set forth ; and the accused shall be con- sidered as not guilty of every charge and specification of which he shall not be pronounced guilty by a majority of the members of the Court. [8.] The decision of the Court as to all the charges and specifications of which a majority of the members of the Court have found him guilty, shall be reduced to writing, and signed by those who assent to it ; and a de- cision pronouncing him not guilty of all those charges and specifications of which a majority shall not have Canon 9 . VI. Of the Trial of a Bishop. pronounced him guilty, shall also be drawn up, and signed by those who assent to it ; and the decision thus signed shall be regarded as the judgment of the Court, and shall be pronounced in the presence of the parties, if they shall think proper to attend. [9.] If the accused shall be found guilty of any charge or specification, the Court shall proceed to ask him whether he has anything to say before the sentence is passed, and may, in their discretion, give him time to prepare what he wishes to say, and appoint a time for passing the sentence ; and before passing sentence, the Court may adjourn from time to time, and give the ac- cused reasonable opportunity of showing cause to induce a belief that justice has not been done, or that he has discovered new testimony ; and the Court, or a majority of its members, may, according to a sound discretion, grant him a new trial ; but, in such new trial, no Bishop shall sit who has already been a trier. Before passing sentence, the accused shall always have the opportunity of being heard, if he have aught to say in excuse or palliation. [10,] The accused having been heard, or not desiring to be heard, the sentence of the Court shall then be pro- nounced, and shall be either admonition, suspension as defined by the existing Canons of this Church, or degra- dation, as the offence or offences adjudged to be proved shall seem to deserve. It shall be the duty of the Court, .whenever sentence has been pronounced, whether it be upon a trial, or for contumacy, to communicate such sentence to the ecclesiastical authority of every Diocese of this Church ; and it shall be the duty of such au- Accused to he heard before Sentence. New Trial. Sentence. Sentence to be communicated, and to whom. 79 title II Canon 9 . § VI. Of the Trial of a Bishop). Record of Pro- ceedings. Exceptions. How kept and attested. Lay Advisers may he appointed. Their Office. thority to cause such sentence to be made known to every clergyman under his jurisdiction. [11.] Every Court shall keep a full record of its pro- ceedings, including the whole evidence given before it. Should any Court refuse to insert in its record a state- ment of any testimony which has been received, or of any decision which the Court has made, or of any fact which has occurred in Court, or any paper which either party has produced, it shall be the right of either party to file an exception in writing, containing a statement of such evidence, decision or fact, or referring to or de- scribing such paper, which paper shall also be filed with the exception. All exceptions and papers so filed shall become parts of the record. [12.] Such records shall be kept by the Clerk, and in- serted in a book, to be attested by the signatures of the President and Clerk. Every such book, and all papers connected with any trial, shall be deposited with the Registrar of the G-eneral Convention. Such books and papers shall be open to the inspection of every member of this Church. [13.] Every Court, constituted under the authority of this Canon, may be attended by one or more lay advi- sers, who shall be communicants of this Church, and of the profession of the law. Such advisers may be present at all the proceedings of the Court, but they shall have no vote in any case whatever; it shall be their duty to give in person to the Court an opinion on any question not theological, upon which the Court, or any member thereof, or either party, shall desire an opinion. If a dispute shall arise whether any question be or be not theological, it shall be decided by the Court 80 Canon 9 § VI I ., VIII Of the Trial of a Bishop. by a majority of votes. The Court may always, by unanimous consent, appoint an adviser or advisers. If they are not unanimous, each member of the Court may name a candidate ; if not more than three are named, they all shall be advisers ; if more than three are named, the Court shall reduce them to three by lot. ^ VII. [1.] Any Bishop of this Church may be pre- sented for holding and teaching doctrine inconsistent with that of this Church, by any Bishop in communion with this Church, and not under suspension or degrada- tion. No Bishop shall be presented in any other mode for this offence ; and it shall not be lawful for two or more persons to unite in any such presentment. The Bishop making such presentment shall appoint a Church Advocate. [2.] Every presentment for alleged erroneous doc- trine shall be signed by the person making it, and shall be addressed to the Bishops of the Protestant Episcopal Church in the United States, and delivered to the senior Bishop entitled to a seat in the House of Bishops, and not being the accused or the accuser, whose duty it shall be to convene a Court for the trial of the accused. The Court shall be composed of all the Bishops entitled to seats in the House of Bishops, except the accuser and the accused. Three fourths of such Bishops shall con- stitute a quorum ; but the consent of two thirds of all the Bishops entitled to seats in the House of Bishops shall be necessary to a conviction. ^ Vin. [1.] If charges be preferred against a Mis- sionary Bishop who is not a Diocesan, such Missionary Presentment Jor erroneoui Doc- trine. By whom to he made. Church Advo- cate. To whom ad- dressed and de- livered. Court to he con- vened. Of whom com- posed. Quorum. Number necessa-\ ry to a Convic-\ tion. I Case of Charges against a Mis- sionary Bishop. 81 title II. Canon 10. I., II Of Sentences. Case of a Bishop ivithout Juris- diction. Bishop shall be required by the Presiding or senior Bishop to name some one of the three Dioceses nearest to his District or Missionary field; and such selection having been made, the proceedings shall then be pre- cisely such as under this Canon they would be were he the Diocesan of the Diocese named by him. Should the Missionary Bishop refuse to name a Diocese, then the Presiding Bishop may name any one of the three above designated, and the effect shall be the same as if the nomination had been made by the accused Missionary Bishop. [2.] If charges be preferred against a Bishop having no jurisdiction, he shall be proceeded against precisely as if he w6re the Diocesan of the Diocese in which he has his civil residence." Canon 10. Of Sentences.^ Suspension. § I. Whenever the penalty of suspension shall be in- flicted on a Bishop, Priest, or Deacon in this Church, the sentence shall specify on what terms, or at what time, said penalty shall cease." Degradation. ^ H. [1.] "When any Minister is degraded from the Holy Ministry, he is degraded therefrom entirely, and What Terms are not from a higher to a lower Order of the same, Deposi- synonymous. tion, displacing, and all like expressions, are the same as 82 Canon xi., 1856. '' See the Constitution, Article VI. •■ Canon iii., 1847. Canon 11. Remission or Modificatiori of Judicial Sentences. degradation. No degraded Minister shall be restored to the Ministry, [2.] Whenever a Clergyman shall be degraded, the Bishop who pronounces sentence shall, without delay, give notice thereof to every Minister and Vestry in the Diocese, and also to all the Bishops of this Church, and where there is no Bishop, to the Standing Committee." Canon 11. Of the Remission or Modification of Judicial Sen- tences. The Bishops of this Church, who are entitled to seats in the House of Bishops, may altogether remit and ter- minate any judicial sentence which may have been im- posed, or may hereafter be imposed, by Bishops acting collectively as a judicial tribunal ; or modify the same so far as to designate a precise period of time, or other specific contingency, on the occurrence of which such sentence shall utterly cease, and be of no further force or effect. Provided that no such remission or modifica- tion shall be made except at a meeting of the House of Bishops, during the session of some General Convention, or at a special meeting of the said Bishops, which shall be convened by the Presiding Bishop on the application of any five Bishops; three months' notice, in writing, of the time, place and object of .the meeting, being given per- % » Canon xxxix., 1832. No Resloratio7i. Notice of Degra- dation, to whom given. Remission of Sentence, Or Modification thereof. To be made at General Con- vention. Or Meeting specially con- vened. 83 title II. Canon 12 I., II Regulations respecting the Laity. Majority of whole Number of Bish- ops must assent. sonally to each Bishop, or left at his usual place of abode. Provided, also, that such remission or modification be assented to by a number of said Bishops not less than a majority of the whole number entitled at the time to seats in the House of Bishops ; and Provided, that noth- ing herein shall be construed to repeal or alter Canon 10 of this Title." Removal of Com- municants. Certificate. Crimes and Scandals to be censured. Ordinary to be informed. Canon 12. Regulations respecting the Laity. k I. A communicant removing from one parish to another, shall procure from the Rector (if any) of the Parish of his last residence, or, if there be no Rector, from one of the Wardens, a certificate stating that he or she is a communicant in good standing ; and the Rector of the Parish or Congregation to which he or she removes shall not be required to receive him or her as a communicant until such letter be produced." k II. [1.] If any persons within this Church offend their brethren by any wickedness of life, such persons shall be repelled from the Holy Communion, agreeably to the rubric. [2.] There being the provision in the second rubric before the Communion Service requiring that every Min- ister repelling from the Communion shall give an account of the same to the Ordinary, "it is hereby provided, that. ^ Canon ii., 1847. >> Canon xiii., 1853. 84 Canon 12. Regulations respecting the Laity. on the information to the effect stated being laid before the Ordinary, that is the Bishop, it shall not be his duty to institute an inquiry, unless there be a complaint made to him in writing by the repelled party. But, on receiv- ing complaint, it shall be the duty of the Bishop, unless he think fit to restore him from the insufficiency of the cause assigned by the Minister, to institute an inquiry as may be directed by the Canons of the Diocese in which the event has taken place ; and the notice, given as above by the Minister, shall be a sufficient presenta- tion of the party repelled. [3.] In case of great heinousness of offence on the part of members of this Church, they may be proceeded against to the depriving them of all privileges of Church membership, according to such rules or process as may be provided by the General Convention ; and until such rules or process shall be provided, by such as may be provided by the different Diocesan Conventions." Inquiry on Com- plaint in Writ- ing. Deprivation of Privileges of Church Member- ship. * Canon xKi., 1832. 85 title III. Canon 1 Special Meetings of General Con- vention. Proviso. Place of Meet- ins. Same Deputies. 86 %xXk III. OF THE ORGANIZED BODIES AND OFFICERS OF THE CHURCH. Canon 1. Of the General Convention." § I. [1.] The right of calling special meetings of the General Convention shall be in the Bishops. This right shall be exercised by the Presiding Bishop, or, in case of his death, by the Bishop who, according to the rules of the House of Bishops, is to preside at the next G-eneral Convention ; Provided, that the summons shall be with the consent, or on the requisition of, a majority of the Bishops, expressed to him in writing. [2.] The place of holding any Special Convention shall be that fixed on by the preceding General Con- vention for the meeting of the G-eneral Convention, unless circumstances shall render a meeting at such a place unsafe ; in which case, the Presiding Bishop may appoint some other place. [3.] The Deputies elected to the preceding General Convention shall be the Deputies at such special Con- vention, unless in those cases in which other Deputies shall have been chosen in the mean time by any of the Diocesan Conventions, and then such other Deputies shall represent in the Special Convention the Church of the Diocese in w^hich they have been chosen.* » See Constitution, Articles I , II., and III. b Canon xlix., 1832. Canon 1 II. Of the General Convention. Duties of Regis- trar. ^ 11, [1.] The journals, files, papers, reports, and other Resistrai. documents, which, under Canon 15 of Title I., entitled Of Securing' an Accurate View of the State of the Church, or in any other manner, shall become the pro- perty of either House of the Greneral Convention of this Church, shall be committed to the keeping of a Presby- ter to be elected by the House of Clerical and Lay Deputies, upon nomination of the House of Bishops, who shall be known as the Registrar of the General Conven- tion. [2.] It shall be the duty of the said Registrar to pro- cure all such journals, files, papers, reports, and other documents now in existence ; to arrange, label, file, index, and otherwise put in order, and provide for the safe keeping of, the same, and all such others as may hereafter come into his possession, in fire-proof box or boxes, in some safe and accessible place of deposit, and to hold the same under such regulations and restrictions as the G-eneral Convention may from time to time pro- vide. [3.j It shall be the duty of the said Registrar to pro- Record of Conse- cure a proper and sufficient book of record, and to enter crations of Bish- therein a record of the consecrations of all the Bishops ^P- of this Church, designating accurately the time and place of the same, with the names of the consecrating Bishops, and of others present and assisting ; to have the same authenticated in the fullest manner now prac- ticable ; and to take care for the similar record and au- thentication of all future consecrations in this Church. [4.] The expenses necessary for the purposes contem- Expenses. plated by this Section shall be provided for by vote of 87 title III. Canon 1 I I I .-V Notice to Dioce- san Conventions. Treasurer. His Duties. How Vacancy to be filled. Expenses of General Conven- tion. 88 Of the General Convention. the Greneral Convention, and defrayed by the Treasurer of the same.'' § III. It shall be the duty of the Secretary of the House of Clerical and Lay Deputies, whenever any alteration of the Constitution is proposed, or any other subject submitted to the consideration of the several Diocesan Conventions, to give a particular notice thereof to the ecclesiastical authority of this Church in every Diocese.*" § IV. At every triennial meeting of the General Con- vention, a Treasurer shall be chosen, who shall remain in office until the next stated Convention, and until a suc- cessor be appointed. It shall be his duty to receive and disburse all moneys collected under the authority of the Convention, and of which the collection and disburse- ment shall not otherwise be regulated ; and to invest, from time to time, for the benefit of the Convention, such surplus funds as he may have on hand. His account shall be rendered triennially to the Convention, and shall be examined by a Committee acting under its authority. In case of a vacancy in the office of Treasurer, it shall be supplied by an appointment to be made by the ecclesiastical authority of the Diocese to which he be- longed ; and the person so appointed shall continue to act until an appointment be made by the Convention. § V. In order that the contingent expenses of the General Convention may be defrayed, it shall be the Canon iv., 1853. ^ Canon 1., 1832. <^ Canon i., 1841. Canon 2 Standing Committees. duty of the several Diocesan Conventions to forward to the Treasurer of the General Convention, at or before any meeting of the General Convention, two dollars for each clergyman within such Diocese.* Canon 2. Of Standing Committees. k I. In every Diocese there shall be a Standing Com- mittee, to be appointed by the Convention thereof, whose duties, except so far as provided for by the Canons of the General Convention, may be prescribed by the Canons of the respective Dioceses. They shall elect from their own body a President and a Secretary. They may meet on their own adjournment from time to time ; and the President shall have power to summon special meetings whenever he shall deem it necessary. h II. In every Diocese where there is a Bishop, the Standing Committee shall be a Council of Advice to the Bishop. They shall be summoned on the ref^uisition of the Bishop, whenever he shall wish for their advice. And they may meet of their own accord, and agreeably to their own rules, when they may be disposed to advise the Bishop. k III. When there is no Bishop, the Standing Com- mittee is the ecclesiastical authority for all purposes declared in these Canons.'' » Canon viii., 1856. b Canon iv., 1832. Diocesan Ratio. Duties of Stand- ing Committee. President and Secretary. To he a Council of Advice. When the Eccle- siastical Au- thority. 89 title III. Canon 3 . I .- 1 u Trustees how appointed and what number. Their Duties. Objects of the Fund. Discretion al- lowed as Con- tributors. 90 Trustees of the Missionary Bishops' Fund. Canon 3. Of the Trustees of the Missionary Bishops' Fund. § I. It shall be the duty of the Greneral Convention, at each triennial session, on the nomination of the Standing Committee on the State of the Church, to ap- point five laymen of this Church to constitute a Board of Trustees of the Missionary Bishops' Fund. k II. It shall be the duty of such Trustees to take charge of all contributions of money or real estate which may be made to them, and accompanied by designation from the donors thereof, for any or either of the purposes herein specified, viz. : — [1.] For the present support of any Missionary Bishop of this Church. [2.] For investment, the interest or proceeds to be ap- plied to such present support. [3.] For the support of Bishops of this Church in new Dioceses, or in regions in which the Church is not yet organized. [4.] For the endowment of the Episcopate in new Dioceses, or in regions in which the Church is not or- ganized. ^ III. All contributions, the disposition of which may not have been designated by the donors, shall be applied by the said Board of Trustees according to their discre- tion, for the above-named objects, until the direction of the General Convention in the premises. Trustees of the Missionary Bishops^ Fund. ^ IV. All moneys received by either of the Missionary Committees of the Board of Missions specifically for either of the purposes designated in this Canon, shall be paid over to the Treasurer of the Board of Trustees hereby constituted, accompanied by a statement of the directions of the donors. § V. The Board of Trustees, hereby constituted, shall appoint a Treasurer, who shall keep fair accounts of all the receipts and expenditures of the Board. These ac- counts shall at all times be open to the inspection of any Bishop of this Church, or of any accountant appointed for the purpose by any three Bishops of this Church. The Board shall have power to make all necessary dis- bursements in the discharge of their trust. § YI. The Board shall make a triennial report to the House of Clerical and Lay Deputies on the third day of the session of the General Convention ; and shall ac- company their report with an account of their receipts and disbursements during the last three years. It shall be the duty of the House to refer such account to a com- mittee to be audited. ^ VII. Such Trustees are hereby empowered to pro- cure an act of incorporation for the purposes and objects specified in this Canon.* » Canon ii., 1853- Special Dona- tions to be paid over. Treasurer oj the Board. Triennial Re- port. Incorporation. 91 €itle III. Canons 4 and 5. I . Trustees of the General Theological Seminary. Canon 4 . Of the Trustees of the General Theological Seminary. Certificate of 1^ shall be the duty of the Secretary of the Conven- Nomination. tion of every Diocese to forward to the House of Cler- ical and Lay Deputies, at every General Convention, a certificate of the nomination, by the Diocese, of a Trus- tee or Trustees for the General Theological Seminary ; and without such certificate the nomination shall not be confirmed.* Canon 5 Union with Church in an- other Diocese. No Clergymanto sit in two Dio- cesan Conven- tions. 92 Of Congregations and Parishes. k I. Whereas a question may arise whether a Con- gregation within the Diocese of any Bishop, or within any Diocese in which there is not yet any Bishop settled, may unite themselves with the Church in any other Diocese, it is hereby determined and declared, that all such unions shall be considered as irregular and void ; and that every Congregation of this Church shall be considered as belonging to the body of the Church of the Diocese within the limits of which they dwell, or within which there is seated a Church to which they belong. And no Clergyman, having a Parish or Cure in more than one Diocese, shall have a seat in the Conven- tion of any Diocese other than that in which he resides.*" » Canon i., 1847. » Canon xliii,, 1832. Canon 5 §11., Ill Of Congregations and Parishes. ^ II. [1.] The ascertainment and defining of the bounda- ries of existing Parishes or parochial Cures, as well as the establishment of a new Church or Congregation, and forming a new Parish within the limits of any other Parish, is left to the action of the several Diocesan Con- ventions, for the Dioceses respectively. [2.] Until a Canon or other regulation of a Diocesan Convention shall have been adopted, the formation of new Parishes, or establishment of new Churches or Con- ffregations witliin the limits of other Parishes, shall he DO ' vested in the Bishop of the Diocese acting by and with the advice and consent of the Standing Committee there- of ; and in case of there being no Bishop, in the ecclesi- astical authority. [3.] Nothing contained in this Section shall affect any legal rights of property of any Parish. § III. [1.] It shall be lawful for persons helonging to this Church, but resident in any foreign country (other than Great Britain and Ireland and the Colonies and dependencies thereof), not within the limits of any Foreign Missionary Bishop of this Church, to organize as a Church or Congi-egation. [2.] Such Church or Congregation shall be required, in its constitution, or plan, or articles of organization, to recognize and accede to the Constitution, Canons, Doctrine, Discipline and Worship of the Protestant Epis- copal Church in the United States of America, in order to its being received under the direction of the G-eneral Convention of this Church. [3.] In order to such reception, it shall be required to Parish Bounda- ries, and new Parishes. Where Power vested. Vested Rights preserved. Congregations in Foreign Lands. BItist recognise Constitution, etc. 93 title III. Canon 5. I II Of Congregations and Parishes. Certificate of Desire for Re- ception. Certificate of Sat- isfaction. Jurisdiction of Presiding Bish- op. Power may be assigned. Clergymen sub- ject to the Pre- siding Bishop. declare its desire therefor, duly certified by the Minis- ter, one Church Warden, and two Vestrymen or Trustees of said Church or Congregation. [4.] Such certificate and the constitution, plan or ar- ficles of organization shall be submitted to the Greneral Convention during its session, or the Presiding Bishop of the House of Bishops at any other time ; and in case the same are found satisfactory, a certificate thereof shall be forwarded to and filed by the Registrar of the Church, and such Church or Congregation shall thereupon become subject to and placed under the Episcopal gov- ernment and jurisdiction of such Presiding Bishop for the time being. [5.] Such Presiding Bishop may from time to time assign to any other Bishop of this Church having juris- diction in the United States, the exercise of any Epis- copal power or functions, in relation to such Church or Congregation, for such period of time as he may deem ex- pedient. [6.] The Clergyman settled in such Church or Con- gregation shall, in all respects, be subject to the juris- diction of the Presiding Bishop, while in charge of such Church or Congregation. 94 Canon 6 . Of the Organization of Neio Dioceses. Ca N N 6 . Of the Organization of New Dioceses.^ § I. Whenever any new Diocese shall be formed with- in the limits of any other Diocese, or by the junction of two or more Dioceses, or parts of Dioceses, and the same shall have been ratified by the General Convention, the Bishop of the Diocese within the limits of which another is formed, or in case of the junction of two or more Dioceses, or parts of Dioceses, the Bishop of eldest con- secration over the Dioceses furnishing portions of such new Diocese, shall thereupon call the Primary Conven- tion of the new Diocese, for the purpose of enabling it to organize, and shall fix the time and place of holding the same, such place being within the territorial limits of the new Diocese. h II. In case there should be no Bishop who can call such Primary Convention pursuant to the foregoing pro- visions, then the duty of calling such Convention for the purpose of organizing, and the duty of fixing the time and place of its meeting, shall be vested in the Standing Committee of the eldest of the Dioceses, by the junc- tion of which, or parts of which, the new Diocese may be formed. And such Standing Committee shall make such call immediately after the ratification of a division by the G-eneral Convention. § III. Whenever one Diocese is about to be divided into two Dioceses, the Convention of such Diocese shall declare which portion thereof is to be the new Diocese, and shall make the same known to the General Conven- tion before the ratification of such division.*' » See the Constitution, Article V,. 1856. *• Canon viii., 1838. Organization of New Dioceses. Primary Con- vention. The Call, by whom to be made. When it intixt be made. Division of a Diocese. 95 title IV. Canons 1 and 2. Repeal of Re- peal, no Re-en- actment. Form of altering Canons. title IV. MISCELLANEOUS PROVISIONS, Canon 1. Of Repealed Canons. Whenever there shall be a repeahng clause in any Canon, and the said Canon shall be repealed, such re- peal shall not be a re-enactment of the Canon or Canons repealed by the said repealing clause." Canon 2. Of the Repeal, Amendment and Enactment of New Canons. In all cases of future enactment, the same, if by way of amendment of an existing provision, shall be in the following form: "Canon (or Section of Canon , or Clause of Section of Canon ) of Title , is hereby amended so as to read as follows :" And if the enactment is of an additional Clause, Section, or Canon, it shall be designated as the next Canon, or next Section, or next Clause, of a Canon, or Section, in the order of numbering, of the Title to which the subject properly belongs ; and if a Canon or Section or Clause be stricken out, the existing numbering shall ' Canon xi., 1838. 96 Canon 3. Of the Time of these Canons taking Effect. be retained, until a new edition of the Canons be di- rected. The Committee on Canons of each House of the Greneral Convention shall, at the close of each Session of the Greneral Convention, appoint two of their num- ber to certify the changes, if any, made in the Canons, and to report the same, with the proper arrangement thereof, to the Secretary, who shall print the same in the Journal. Canon 3. Of the Time of these Canons taking Effect. These Canons shall take effect on the first day of January, in the year of our Lord 1860 ; from and after which day all other Canons of this Church are hereby, and shall be deemed to be, repealed ; Provided that such repeal shall not affect any case of a violation of existing Canons committed before that date ; but such case shall be governed by the same law as if no such repeal had taken place. Who are to cer- tify Changes of Canons. Time of taking Effect. General Repeal, WILLIAM MEADE, D. D., Presiding in the House of Bishops. Attest, L. P. W. Balch, D. D., Secretary. WILLIAM CREIOHTON, D. D., President of the House of Clerical and Lay Deputies. Attest, M. A. De Wolfe Howe, D. D., Secretary. 9-i:i:.'**^\ ■■'■■ '-ll *►*' ■'m. m <«■>•*■:.: i^J\ m\ •■■^•■-^^-'"-i^':^'-'---- - -> .\, ^'I'^ -. :■ '•j-''*:"L:..'''^'';-*^-'S-.'- -'v:.^*-^,v.'''^f '•■^•^ '' ■■ '- v- ■ •,Xi"*i«^B6V' ?/» '•^i ^'AVlV' ,^ •', 11-;