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case, it may be observed, that there Articles of Religion approved in the synod is a difference between the trial or
of the Bishops and Clergy of this realm, examination of the Deacons, of one thousand five bandred sixty and two, whom it is only required, that they timonies out of Holy Seripture, and ex
and to confirm the same by sufficient tes“ shall subscribe to the said Ar- eept moreover he shall exhibit letters 188ticles," and that of the Ministers or timonial," &c. Priests, of whom it is further required, that they “ shall be able to This canon must not be underANSWER and render to the Ordi- stood as a tacit repeal of the pronary an account of their faith in visions of Elizabeth's act, which is Latin according to the said Arti- still in force, and is recognized and cles.” Of the Priest, therefore, is explained by 23 George II. cap. required not merely a subscription xxviii. It differs, however, from to the Articles, but an ability to
Elizabeth's act, in one important render an account of his faith in particular, by requiring a confirmaLatin, in testimony of his learning; tion of the candidate's profession and according to the said Articles, according to the Articles, by suffiin proof of his conformity with cient testimonies out of Holy Scripthem : but first there was required ture. It is obvious, therefore, that of him an ability to answer.
To the act and the canon must be answer implies at least a previous taken and construed together as one question: biit if we remember in enactment, and that the restrictions whose reign this statute was passed, upon the Bishop's power of examiit is not unnatural or unreasonable nation are to be determined accordto understand the ability to answer, ingly. He is not at liberty, except with reference to the logical dispus in certain excepted cases, to ordain tations which were common to the whomsoever he shall think
proper, age, in which the candidate would but the candidate must at least be be opposed by subtle sophisms, and able to give an account of his faith be expected to remove those so in Latin according to the Articles, pbisms, and thus to render an ac
and to confirm the same by sufficient count of his faith according to the testimonies out of Holy Scriptures. Articles. If this interpretation be Not a syllable is here said respectrejected as too refined, and the ing the maximum of theological Words of the statute be interpreted knowledge which a Bishop may rein their ordinary sense, it will never- quire -- the minimum only is fixed; theless be difficult to prove in de- and it is fixed in terms which imply fiance of this statute, that any ex.
that more is desirable and
be amination, grounded more or less required. directly upon the Articles, and con
This view of the subject is conducted by question and answer is firmed by the preface to the Offices
of Ordination, which are recognized From the act of 1571 we proceed by the Act of Uniformity, and of to the canons of 1604, wbich hav- which, by the provisions of that ing the authority of Convocation, act, the thirty-sixth Article is now although not of Parliament, are held
to be understood. The Bishop is to be binding upon the Clergy where there stated to be at liberty to orthey are not invalidated by any
dain the candidate, “after examinasubsequent enactment. By canon
tion and trial, finding him learned in xxxiy, the Bishop is forbidden to the Latin tongue, and sufficiently inordain any person, except he
structed in the Holy Scripture." Is " Hath taken some degree of school in
the examination here prescribed re-, cithet of the said Universities, or at the
stricted “ to the Thirty nine Articles least except he be able to yield an account as now constructed ?" And may of his faith in Latio, according to the there not in this examination,” as
well as in the Bishop's eighty-seven tures. Mr. Wilson's assertion that questions, be a dissimilarity “ from Bishops are to examine inerely as those which are put to candidates for to competency is the sole answer holy orders, in our truly pious and which this reasoning can receive, devout Ordination Offices ?" Wiland as the assertion rests upon the son, p. 23.
bare authority of the asserter, it The 35th canon prescribes an ex does not require refutation. Yet cellent mode of examination. any one but a controversialist might “ The Bishop before he admit any per- didate is not competent unless be
be expected to perceive that a canson to holy orders shall diligently examine him in the presence of those ministers, understands the Scripture correctly; that shall assist him at the imposition of unless he brings the proper texts to hands : and if the said Bishop have any support the various articles of our lawful impediment, he shall cause the said faith ; and who is to be the judge aninisters carefully to examine every such of this propriety but the Bisliop person so to be ordered. Provided,” &c.
who is commanded to examine, and Thus the Bishop, or his deputy, what are the Bishop of Peteris constituted sole judge of the can- borough's Questions but such an didate's qualifications. It may be examination ? If Mr. Wilson's reathought inconsistent with the spirit soning proves any thing it proves and design of this canon, that when this ; that the office of a Bishop is a the Bishop of Peterborough issues merely ministerial, and that he may his Questions, he desires all candi- be compelled by law to ordain or to dates for orders in his diocese “ to license any person who can translate take special notice, that if any ques- the Thirty-nine Articles into Latin, tion remains unanswered, or receives and who will subscribe to them as an unsatisfactory answer, it may containing his belief. But as he tend to their exclusion from the sa- may not be quite satisfied with this cred office.” The Bishop's meaning reductio ad absurdum, we proceed may, bowever, be, that the neglect to other topics upon which he is to answer, or the delivery of an un- equally conclusive. satisfactory answer, will appear to Is it in sober seriousness, that him a failure in those indispensable Mr. Wilson (p. 68) admonishes tlie requisites upon which the act of University of Cambridge to remove Elizabeth and the canon require him the Bishop of Peterborough from to insist. He may contend, and his chair, on the authority of the with great reason, that the very Royal Declaration, and for the al. object of his questions is to make leged offence of having violated candidates give an account of their that Declaration ? Is it possible faith according to the Articles, and that Mr. Wilson is ignorant, that confirm the same by sufficient testi- the Declaration has no power to monies out of the Holy Scripture. authorize such a proceeding, or to He may contend that what is called direct that any man shall be disthe Calvinistic interpretation cannot possessed of bis freehold? Mr. Wilbe confirmed by sufficient testimo. son and the author of Episcopal nies out of Scripture; and therefore Innovation should make some furis not the interpretation which he is ther progress in the study of the bound to require. He may say that law, before they again venture upon the only sense in which the faith can the discussion of a legal question : be contirmed is his sense, (and in they would then be more cautious this opinion, he must be joined by in applying the terms arbitrary, all who do not hold with Calvin ;) illegal, and unconstitutional, and and that therefore those persons by would refrain from renewing the whom his sense is rejected are in er clamour against the 'Consolidation ror respecting the faith and the Scrip- Bill, that it conveys to the Bishops
new and extraordinary powers. The which allows every Bishop to dismiss a Bill was largely defended from this curate for any cause, which shall appear imputation in the twelfth Number of good to himself.” Advertisement, p. i. the Christian Remembrancer, and
." The Bishop holds out a threat,
that if any question remains unanswered, it is only necessary to repeat, that
or receives an unsatisfactory answer, it that power, the power of snmmary may tend to their exclusion from the sacred removal of curates, was not newly office.' This is little less than saying, If introduced into the Consolidation you do not receive the system of doctrines, Act, but was copied almost verbatim which I have here placed before you, I will et literatim, from 53 George III. not ordain you......... cap. 149. (Lord Harrowby's Bill), such a proceeding, does not need much
“ The illegality, as well as danger, of 36 George III. c. 83. (Sir William proof. That his lordship would subject Scott's Bill), and 12 Anne c. 12., himself to the censure and cognizance of and is also recognized in an old the courts of law, were he to retuse candiconstitution of Edmund Archbishopdates ordination, simply because they deof Canterbury, quoted by Burn clined subscribing to his lordship's view with an explanatory comment from of the new covenant,' as exhibited in these
Questions, there can be little doubt." Johnson. It is recorded by the author of
lutroduction, p. xii. Episcopal Innovation :
It will abridge the labours of a “ One young man has been refused boly the facts are as they are represented
tedious controversy to admit, that orders, and two Clergymen have been dismissed from their situations, because wben by this writer, although the case is they wished to obtain his Lordship's sanc- peculiarly liable to misrepresentation and license to officiate in his diocese, tion, although the credulity of a they either declined to adopt these. Ques- polemic is almost proverbial, and tions,' as the mediom of admission or did the evidence upon which he relies is not satisfy the Bishop in their views se seldom subject to a cross examinaspecting them.
The Articles, the Li- tion. If this writer's offensive and turgy, and the Orders and Regulations of the Established Church,' made no divic contentious hope and belief should sion between bis Lordship and these three be realized, if the Bishop's Ques. gentlemen, but these. Questions, these tions should upon these or any simiquestions' only were distinctly placed as lar cases which may occur be exposed the key to let into and to lock out candi- to “ legal enquiry," and the " dates and clergymen from bis Lordship’s nizance of the courts of law,” we
cogdiocese. The Bishop's Charge and his Declarations when applied to Juring liis have no doubt that the subject will primary visitation hold precisely the same 'be amply discussed, and that we tone!' Thus have the Rev. the Rector of shall obtain far better inforination Winrich, the Rev. the Rector of Blather- upon its legal merits, than we at wicke, and the Rev. the Rector of Burlon present possess. But perhaps it may Latimer, Northamptonshire, all been de prevent the disgraceful and unbeprived of the services of young men of coming transaction of a curate or a unimpeached, and, we believe, unimpeachable characters, within the very short candidate for orders, appealing to space of time during which his Lordship the temporal courts against the judghas possessed the Bishopric of Peter. ment of a Bishop, to recite the reborongh, and wholly through the arbitrary marks of Burn on the discretionary and illegal imposition of these new articles power of the Bishops in the rejecof faith.
. tion of candidates. We have reason to believe, and we earnestly hope that some of these parties .“ Since it is said to be discretionary will make legal inquiry into this tremen- 'in the Bishop whom he will admit to the dously alarming evil. The genuine sons of order of priest or deacon, and that he is the Church are literally turned ont of their not obliged to give any reason for his refuown doors by the arbitrary and irop rod sal, (1 Still. 33+. 1 Johns, 36. Wood. b. 1. of usurpation and despotism. His Lord c. 3.) ibis implietb that he may insist apon ship greatly commends the Curates Act, what previous terms of qualification, he
shall think proper, consistent with law and mitted to serve, without testimony of the right. And by the Statute, Rabric, and Bishop of the Diocese, or ordinary of the Canon aforegoing, he is pot required, but place, as aforesaid, whence they come in permitted, only to admit persons so and so writing, of their honesty, ability, and conqualified : aud prohibited to admit any formity to the ecclesiastical laws of the without, but not enjoined to perruit any Church of England.” persons, althongh they have such and such qualifications." Burn, vol. iii. p. 34. Art.
The first clause of this canon is Ordination.
universal, “ No curate or minister,” The right of the Bishop to put arise must refer to the meaning of
&c.; and the only doubt that can these, or any other questions, to the word examine. The same word candidates for orders, is unques- occurs in the 39th canon; and tionable. No man can prove, that thence we may readily ascertain its he has a natural, or even a civil
import. right, to be admitted ; or that he sustains any injury which the courts “ No Bishop shall institute any to can redress, in not being admitted benefice, who hath been ordained by any to orders; and it is an essential part him his letters of orders, and bring bima
other Bishop, except he first shew unto of the Episcopal office to judge and sufficient testimony of his former good life determine, who is fit or unfit to be and behaviour, if the Bishop shall require admitted, and what shall be the qua- it; and, lastly, shall appear, upon due exalifications for admission. If the mination, to be worthy of his ministry.” Bishop proposes a question, and the
Here the ordination of the applianswer, in the Bishop's judgment, cant, and his good life and behavi, is unsatisfactory in such sense, as to betray either a deficiency of learn- our, are mentioned separately and ing, an obliquity of understanding, extends to something more, viz. to
previously; examination, therefore, or an erroneous faith, the Bishop is justified in rejecting the candidate, learning, and to doctrine. The comand is accountable to no tribunal ment of Burn is :
“ As to the matter of learning, it hath It is not quite so clear a question, been particularly allowed not only by the whether the Bishops of our Church
conrts of King's Bench and Common Pleas, are invested with
but also by the high court of Parliament, similar right,
any either founded in law, or derived temporal conrt, for the measures he takes,
that the ordinary is not accountable to any from the ordinary and immemorial or the rules by which he proceeds in exausage of the Church, which has the mining and judging, only he must examine authority of law, in virtue of which in convenient time, and refuse .in convethey may propose questions to cu nient time; and that the clerks haviog rates applying for a licence, and re
been ordained, and so presumed to be of fuse the licence desired, because good abilities, doth not take away or di
minish the right, which the statute above the questions proposed are not an.
recited, doth give to the Bishop, to whom swered, or not satisfactorily answer- the presentation is made to examine and ed. The Act of Elizabeth does not judge. Gibs, 807. Show. 88. 4 Mod. 184. appear to apply to this case: the 3 Lev. 311." Burn, yol, i. Article, Be48th canon prescribes, that,
nefice. « No curate or minister shall be per
It is clear, therefore, that the Bimitted to serve in any place without exami- shop has a right of examining a nation and admission of the Bishop of the clerk, presented to a benefice; and Diocese, or ordinary of the place, having although the right is ordinarily episcopal jurisdiction, in writing, under waived, it is not therefore abolished. his hand and seal
, having respect to the In the Welsh Dioceses, it is 'fregreatness of the cure, and the meetness of the party. And the said curates and mi. quently enforced in the rejection of nisters, if they remove from one diocese to clergymen imperfectly acquainted another, shall not be by any means ad- with the Welsh language, and there
fore incapable of exercising their the propositions so often allided to, he ministry in the Welsh districts. may be rejected. Whether it is expedient to revive
But this is not all : his lordship has this custom of examination in the announced his intention of extending the English Dioceses, and in what man- tation to a benefice ; and unless the basis
examination to persons applying for institer, and to what extent, the right of examination adupted in other instances shall be exercised is a different be adopted in this, the individual may inquestion. But if candidates for or cur the loss of a benefice." P. 23. ders cannot be ordained without
The Bishop has not announced examination; if clerks' presented to this intention in his Primary Charge, a benetice are liable to examination; from which we extract his own and if curates shall not be permitted statement of the reason, upon which to serve without examination and he proposes the questions to clergyadmission, is it just to stigmatize men applying for a licence to a the Bishop of Peterborough's claim
curacy. to examine, as arbitrary, unconstitutional, and illegal? The abstract
“The examination as well for a curate's right, however superseded in mo
licence as for holy orders, I generally make dern practice, is sanctioned by the the principal doctrines of our Church, that
by proposing certain questions relating to laws which govern the Church; and I nay learn from the answers to those it is unjustly and untruly denied by questions, whether I can conscientiously the writer, who, without reference declare, (what every Bishop declares in a to law or canon, has assumed the carate's licence) that I 'fully confide' in illegality of the questions pro
his sound doctrine.' I mean not thereby posed:
to discredit the letters testimonial, which
it is usual to bring on such occasions, * The rule is made to extend to indi. When three clergymen in my own diocese viduals already in the ministry, but re- declare, that the person of whom they tesmoving into the Diocese of Peterborough.' tify, 'hath lived piously, soberly, and boIt is here proper to observe, that in no nestly, and diligently applied himself to former instance, either in that or any his studies,' they bear witness to facts, other diocese, has it hitherto been deemed which I am ready to believe on their assernecessary in such instances to require an tion. And if they belong to another dioexamination, or to demand any further cese, the counter-signature of the Bishop proof of qualification, than a testimonial of that diocese, expressing, that they are signed by three accredited clergymen, and worthy of credit, affords the same satisfaccoantersigned by the Bishop of the Dio- tion, which a Bishop derives from a percese, where the individual in question tras" sonal knowledge of his own clergy. But resided, declaratory of his conduct and wlien these clergymen, whether of my own principles. The obvious reason for dig. or of another diocese, proceed in their tespensing with further examination, has been timonial from the subject of morals, to the consciousness of its having previously the subject of doctrine, they certify what occurred on the two several occasions of is matter of opinion, not wbat is matter of his having taken deacun's and priest's oro fact. And a clergyman may be of opinion, ders; and a just presumption, that the that the doctrine maintained by the person fidelity with which it is' attested that he of whom be testifies, is the doctrine of the fulfilled past engagements, forms a suffici- Established Church, which a Bishop, on ept pledge for their future performance. examination of that person, may find reaBut according to the recently-introduced' son to entertain a very different opinion. system, an individual may have exercised Iu these times especially, when that whicha his ministry for several years in other dio. some persons call the doctrine of the Estaceses ; he may have fulfilled his duties in blished Church, is very different from that the most exemplary manner, and been se. which is so called by others, the examinalected in consequence of high testimony tion required by the canons is so much the being borne to his character and princi- more necessary, in addition to the usnal ples, to fill a similar situation in the diocese testimonial. Nor does the counter signaof Peterborough; and yet, with all these ture of the Bishop, if a person comes from recommendations in his behalf, and a com-, another diocese, remove this necessity om pliance with the usual prescribed forms, the part of the Bishop who is to grant the on his evincing a reluctance to accedé to licence. When a Bishop 'countersigns a
REMEMBRANCER, No. 25.