Not even donatives.

License to preach.

Parson de facto.

Neither is a person that is merely a layman, or that is only a deacon, capable of a donative: for although he who has a donative may come into the same by lay donation, and not by admission and institution, yet his function is spiritual (d).

So that he who is no more than a deacon can only use his orders either as a chaplain to some family, or as a curate to some priest, or as a lecturer without title: for the prebendaries of some prebends in cathedral and collegiate churches are to read lectures there, by the appointment of the founders thereof, and may from thence be called lecturers; but these places are of the number of ecclesiastical promotions, to which the incumbents are admitted by collation or institution, of which a deacon as aforesaid is not therefore capable; yet the king's professor of the law within the University of Oxford might, until recent statutes, have and hold the prebend of Shipton within the cathedral church of Sarum, united and annexed to the place of the same king's professor for the time being, although that the said professor be but a layman (e).

SECT. 13.-General Office of Priests.

A priest by his ordination receives authority to preach the word of God, and to consecrate and administer the Holy Communion, in the congregation where he shall be lawfully appointed thereunto.

Yet, notwithstanding by Canon 36 of 1603, he may not preach without a licence either of the archbishop, or of the bishop of the diocese where he is placed, under their hands and seals, or of one of the two universities under their seals likewise.

But induction into a benefice has, for a long period, been deemed to give an authority to preach to the person inducted (f).

Dr. Watson says, that if a person, who is a mere layman, be admitted and instituted to a benefice with cure, and administers the sacrament, marry and the like; these, and all other spiritual acts performed by him during the time he continues parson in fact, are good; so that the persons baptized by him are not to be re-baptized, nor persons married by him to be married again, to satisfy the law (g).

(d) 1 Inst. 344.

(e) Wats. c. 14; 14 Car. 2, c. 4,

8. 29.

(f) Hawker v. Corri, 1 Cons.

Rep. 288, per Lord Stowell; s. 22 of 4 Geo. 4, c. 76.

(9) Wats. c. 14; Cro. Eliz. 775.

SECT. 14.—Exhibiting Letters of Orders.

By Can. 137 of 1603, "Every parson, vicar, and curate, shall at the bishop's first visitation, or at the next visitation after his admission, show and exhibit unto him his letters of orders, to be by him either allowed, or (if there be just cause) disallowed and rejected; and being by him approved, to be signed by the registrar; the whole fees for which, to be paid but once in the whole time of every bishop, and afterwards but half the said fees."

"No curate shall be admitted to officiate in another diocese, unless he bring with him his letters of orders "(h). Can. 39. "No bishop shall institute any to a benefice who hath been ordained by any other bishop, except he first show unto him his letters of orders."

It used to be the old law in relation to the privilege Benefit of called "benefit of clergy," that it must be proved by letters clergy. of orders, or a certificate by the ordinary. See 4 Henry VII. c. 13.

SECT. 15.-Archbishop Wake's Directions to the Bishops of his Province in relation to Orders.

It is judged proper here to subjoin Archbishop Wake's Archbishop letter to the bishops of the province of Canterbury, dated Wake's letter. June 5, 1716, which, although it concerns other matters besides those of ordination, yet since the due conferring of orders appears to be the principal regard thereof, it seems best to insert the same entire in this place; and to refer to it here at large from those other places, unto which it has some relation.

As to its authority, it is certain (as has been observed before) that in itself it has not the force of law, nor is it so intended, or to be of any binding obligation to the church, further than the archbishops and bishops from time to time shall judge expedient; I mean as to those parts of it which only concern matters that the law has left indefinite, and discretionary in the archbishops and bishops. Other parts thereof are only inforcements of what was the law of the church before; and those, without doubt, are of perpetual obligation: not by the authority of these injunctions, but by virtue of the laws upon which they are founded.

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"My very good lord,

Being by the providence of God called to the metro

(h) Arund., Lindw. 48.

Archbishop

Wake's letter.

political see of this province, I thought it incumbent upon me to consult as many of my brethren, the bishops of the same province, as were here met together during this session of parliament, in what manner we might best employ that authority which the ecclesiastical laws now in force, and the custom and laws of this realm, have vested in us, for the honour of God, and for the edification of his Church, committed to our charge: And upon serious consideration of this matter, we all of us agreed in the same opinion that we should, by the blessing of God upon our honest endeavours, in some measure promote these good ends, by taking care (as much as in us lieth) that no unworthy persons might hereafter be admitted into the sacred ministry of the Church: nor any be allowed to serve as curates but such as should appear to be duly qualified for such an employ; and that all who officiated in the room of any absent ministers, should reside upon the cures which they undertook to supply, and be ascertained of a suitable recompence for their labours.

"In pursuance of those resolutions, to which we unanimously agreed, I do now very earnestly recommend to

you;

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(I.) That you require of every person who desires to be admitted to holy orders, that he signify to you his name and place of abode, and transmit to you his testimonial, and a certificate of his age duly attested, with the title upon which he is to be ordained, at least twenty days before the time of ordination; and that he appear on Wednesday, or at farthest on Thursday in Ember week, in order to his examination.

(II.) That if you shall reject any person, who applies for holy orders upon the account of immorality proved against him, you signify the name of the person so rejected, with the reason of your rejecting him, to me, within one month; that so I may acquaint the rest of my suffragans with the case of such rejected person before the next ordination.

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(III.) That you admit not any person to holy orders, who having resided any considerable time out of the university, does not send to you, with his testimonial, a certificate signed by the minister, and other credible inhabitants of the parish where he so resided, expressing that notice was given in the church, in time of divine service, on some Sunday, at least a month before the day of ordination, of his intention to offer himself to be ordained at such a time; to the end that any person who knows any impediment, or notable crime, for which he ought not to

be ordained, may have opportunity to make his objections against him.

"(IV.) That you admit not letters testimonial, on any occasion whatsoever, unless it be therein expressed, for what particular end and design such letters are granted; nor unless it be declared by those who shall sign them, that they have personally known the life and behaviour of the person for the time by them certified; and do believe in their conscience, that he is qualified for that order, office, or employment, to which he desires to be admitted.

"(V.) That in all testimonials sent from any college or hall, in either of the universities, you expect that they be signed, as well as sealed; and that among the persons signing, the governor of such college or hall, or, in his absence, the next person under such governor, with the dean, or reader of divinity, and the tutor of the person to whom the testimonial is granted (such tutor being in the college, and such person being under the degree of master of arts), do subscribe their names.

"(VI.) That you admit not any person to holy orders upon letters dimissory, unless they are granted by the bishop himself, or guardian of the spiritualties sede vacante; nor unless it be expressed in such letters, that he who grants them, has fully satisfied himself of the title and conversation of the person to whom the letter is granted.

"(VII.) That you make diligent inquiry concerning curates in your diocese, and proceed to ecclesiastical censures against those who shall presume to serve cures without being first duly licensed thereunto; as also against all such incumbents who shall receive and employ them, without first obtaining such licencc.

"(VIII.) That you do not by any means admit of any minister, who removes from any other diocese, to serve as a curate in yours, without testimony of the bishop of that diocese, or ordinary of the peculiar jurisdiction from whence he comes, in writing, of his honesty, ability, and conformity to the ecclesiastical laws of the Church of England.

(IX.) That you do not allow any minister to serve more than one church or chapel in one day, except that chapel be a member of the parish church, or united thereunto; and unless the said church or chapel where such a minister shall serve in two places, be not able in your judgment to maintain a curate.

"(X.) That in the instrument of licence granted to any curate, you appoint him a sufficient salary, according

Archbishop

to the power vested in you by the laws of the church, and Wake's letter. the particular direction of a late act of parliament for the

Commentary on archbishop's letter.

better maintenance of curates.

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'(XI.) That in licences to be granted to persons to serve any cure, you cause to be inserted, after the mention of the particular cure provided for by such licences, a clause to this effect (or in any other parish within the diocese, to which such curate shall remove with the consent of the bishop).

"(XII.) That you take care, as much as possible, that whosoever is admitted to serve any cure, do reside in the parish where he is to serve; especially in livings that are able to support a resident curate: and where that cannot be done, that they do at least reside so near to the place that they may conveniently perform all their duties both in the church and parish.

"These, my lord, were the orders and resolutions, to which we all agreed; and which I do hereby transmit to you; desiring you to communicate them to the clergy of your diocese, with an assurance that you are resolved, by the grace of God, to direct your practice in these particulars agreeably thereunto. And so commending you to the blessing of God in these, and all your other pious endeavours for the service of his Church, I heartily remain, My very good lord,

Your truly affectionate brother, W. CANT." (I.) That you require of every Person, &c.]-By this first article six things are required, viz.

(1.) That he signify to you his Name and Place of Abode.]-It may be so ordered, that this shall be set forth in the testimonial, or title, or both; but it seems rather, that by this article a distinct instrument is required for the signification thereof.

(2.) And transmit to you his Testimonial.]-According to the 34th canon of 1603, and the fourth and fifth articles of these directions.

(3.) And a Certificate of his Age duly attested.]- That is, from the register book, under the hands of the minister and churchwardens of the parish where he was baptized; or, where they cannot be had, by other sufficient testimony.

(4.) With the Title upon which he is to be ordained.]— According to the tenor of the 33rd canon before mentioned.

(5.) At least twenty Days before the Time of Ordination.]-By the canons aforesaid, the title and testimonial are required to be exhibited at the time of ordination: but