FOREIGN CLERGY OFFICIATING.

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mission, or renewed permission. . . . . . with the consent ' of the Incumbent, or Officiating Minister, of such 'Church or Chapel.-3 & 4 Vict. c. 33. s. 1.

Proper Testimonials, attested within six months of their production, are to be provided before such Permission can be granted.-Sect. 2.

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Penalty. Any Incumbent, or Stipendiary Curate, who without the production of such written 'permission, or renewed permission,. . . . . . shall allow any Bishop, or Priest, of the Protestant Episcopal 'Church in Scotland, or in the United States of 'America, or ...... Deacon .... ......, or any other 'Bishop, Priest, or Deacon, not......of the United 'Church of England and Ireland, or of any of her 'Majesty's Foreign Possessions, to officiate in any Church or Chapel of which he is Incumbent, or Curate, shall for the first offence be liable to be...... monished......And for the second, and every subsequent offence, if a Curate, he shall,... ... be liable 'to be removed, or to be temporarily suspended from 'his Curacy, at the discretion of the said Bishop; and 'if an Incumbent, he shall, on proof of the offence in 'due course of law, be suspended from his office and 'Benefice for any time not exceeding three months, or 'be subject to other Ecclesiastical censures.'-Sect. 4.

Any Scotch, American, or other Foreign Clergy; -and this (by sect. 6.) includes any one ordained Deacon by an Archbishop or Bishop not of the United Church of England and Ireland, and afterwards ordained Priest by an Archbishop or Bishop of the Established Church-officiating contrary to these provisions, Shall, for every such offence, forfeit and pay £50. to the Governors of 'Queen Anne's Bounty, to be recovered by Action of 'Debt'.-Sect. 5.

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And further-All Admissions, Institutions, and 'Inductions, to Benefices in the Church of England, 'or Church of Ireland, and all appointments to act as

'Curates therein, which shall be made contrary to the ' provisions of this Act, shall be to all intents and pur'poses null and void'.- Sect. 7.

13. Indelibility of Orders.

IN the judgment of Lord Denman in the case of Barnes v. Shore, a Priest in Holy Orders is not exempt by the 'Toleration Act,' (1 Will. & Ma. c. 18.), or by the 'Dissenter's Act,' (52 Geo. III. c. 155.), or any other Act from being sued in the Ecclesiastical Court, or 'from Canonical obedience 'to the Bishop in regard to anything he may do 'according to the Rites and Ceremonies of the 'Church of England.'-See also the opinion of Sir John Dodson given in page 82. The 76th Canon expressly provides :

'No Man being admitted a Deacon, or Minister, 'shall from thenceforth voluntarily relinquish the same, nor afterwards use himself in the course of his life as a layman, upon pain of excommunication. And the ' names of all such men, so forsaking their calling, the 'Churchwardens of the Parish where they dwelt shall present to the Bishop of the Diocese, or to the Ordinary of the place, having Episcopal jurisdiction.'— Can. 76.

14. Letters of Orders.

The LETTERS OF ORDERS' of Deacons, and Priests (see pages 44, 78), are required to be exhibited to the Bishop, if he be not the Bishop by whom the Clerk was ordained, before such Clerk

LETTERS OF ORDERS.

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can be licensed to a Curacy, or instituted to a Benefice within such Bishop's Diocese: this is in accordance with the Canon.

I. By Canon 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.'- Can. 39.

II. Before preaching in any other Church than that to which a Curate is licensed, the inspection of his 'Letters of Orders' may be demanded :

Neither the Minister, Churchwardens, nor any 'other officers of the Church, shall suffer any man to 'preach within their Churches or Chapels, but such as, by showing their 'Licence to Preach' (Letters of Orders), shall appear unto them to be sufficiently ' authorized thereunto, as is aforesaid.'-Canon 50.

III. At the Bishop's first Visitation the 'Letters of Orders' are also to be exhibited ::

'We think it convenient that every Parson, Vicar, Curate, Schoolmaster, or other person licensed whosoever do 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 the said Bishop ' either allowed, or (if there be just cause) disallowed and rejected, and being by him approved, to be, as the custom is, signed by the Registrar; and that the 'whole fees accustomed to be paid in the Visitations in ' respect of the premises, be paid only once in the whole 'time of every Bishop, and afterwards but half of the 'said accustomed fees in every other Visitation, during 'the said Bishop's continuance'.-Canon 137.

15. Licence.

Ir is highly important that a Curate enter into no engagement with an Incumbent to serve a Parish without a Licence from the Bishop (see page 85). The inconveniences and misunderstandings that may arise in such a position are innumerable; and in many cases you are devoid of legal remedy, unless provided with this document. A non-licensed Curate is removable at pleasure; but a licensed Curate is irremovable, except by the Bishop under due process, and from good and reasonable' cause: and herein there is also power of appeal to the Archbishop. A change in the Incumbency however, or the Incumbent coming to reside, gives an undisputed right to cause a Curate's removal. See Notice to Quit.

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I. Certain particulars are to be embodied in the Curate's Nomination,' and a Declaration made as to Stipend before a Licence can be granted.-' It is ' enacted that every Bishop to whom any application 'shall be made for any Licence for a Curate to serve 'for any person not duly residing upon his Benefice, 'shall, before he shall grant such Licence, require a statement of all the particulars by this Act required to 'be stated by any person applying for a Licence for 'Non-residence; and in every case in which applica'tion shall be made to any Bishop for a Licence for any Stipendiary Curate to serve in any Benefice, 'whether the Incumbent be resident or non-resident, 'such Bishop shall also require a Declaration in writing

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to be made and subscribed by the Incumbent and the Curate, to the purport and effect that the one bonâ 'fide intends to pay, and the other bonâ fide intends to 'receive, the whole actual Stipend mentioned in such statement, without any abatement in respect of rent, or consideration for the use of the Glebe-house, and without any other deduction or reservation whatever.' 1 & 2 Vict. c. 106. s. 81. (See pages 28, 31, 89, 91.)

II. In District Chapels the Curate's Licence does not become void by the avoidance of the Church or Chapel. In all District Churches, and District Chapel'ries, the Licence of the Stipendiary Curate appointed to serve the Chapel of such Chapelry shall not be ' rendered void by the avoidance of the Church of the Parish or District Parish in which such Chapel is 'situate, unless the same shall be revoked by the Bishop of the Diocese under his hand and seal; but such 'Licence shall continue in force, unless otherwise directed as aforesaid by such Bishop, notwithstanding the Avoidance of the Church of the Parish, or District Parish, any statute, law, canon, or usage to the contrary notwithstanding.'-1 & 2 Vict. c. 107. s. 13.

A District. This is explained to apply to the Licence of the Stipendiary Curate of a District Chapelry; and to the Licence of the Stipendiary 6 Curate of a Dictrict Parish Church.'-2 & 3 Vict. c. 49. s. 11.

III. New Church. It also applies to the 'Licence of the Minister appointed to serve a New 'Church without a District, already or hereafter to be 'built, wholly or in part, by means of any moneys at 'the disposal of the Church Building Commissioners, 'under the provisions of the Church Building Acts, or any of them.'— 8 & 9 Vict. c. 70. s. 18.

IV. Residence of the Curate must be stated in the Licence. - The Licence where Incumbents are