PROPOSED CONSTITUTION DIGEST OF REVISED CANONS FOR T n E GOVERNMENT OF T 1 1 E Irotetpt (%kipl (%rt| CONFEDERATE STATES OF AMERICA, R-E P O R T E D TO T H E ADJOURNED CONVENTION OF BISHOPS, CLERGYMEN AND LAYMEN OF SAID CHURCH, HELD IN CHRIST CHURCH, COLUMBIA, S. C, IN OCTOBER, 1861. COLUMBIA, S. C: STEAM POWER-PRESS OF R. W. GIBBES. 1861. George Washington Flowers Memorial Collection DUKE UNIVERSITY LIBRARY ESTABLISHED BY THE FAMILY OF COLONEL FLOWERS NOTICE. At a meeting of Bishops, Clergymen and Laymen of the Protestant Episcopal Church in the Confederate States, held at Montgomery, Alabama, in July, 1861, it was Resolved, 1. That the secession of the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Arkansas and Ten- nessee from the United States, and the formation by them of a new Government ealled the Confederate States of America, render it necessary and expedient that the Dio- ceses within those States should form among themselves an independent organization. RcsoliV'l, '-■ That as preliminary to the organization declared necessary in the fore- going Resolution, a Committee of three Bishops, three Presbyters, and three Laymen, be appointed by the Convention to prepare and report to an adjourned meeting of this Convention, to be held at Columbia, S. C, on the third Wednesday in October next, a Constitution and Canons, under which such an organization may be effected. On this Committee were elected by ballot Bishops Elliott, Green and Rutledge, Rev'd Dr. Barnard, Rev'd Messrs. P. Trapier and R. N. Pierce, Hon. R. F. W. Allston, A. W. Ellerbe, Esq., and Hon. Geo. S. Guyon. Messrs. Barnard, Ellerbe and Guyon being unable to attend, the Rev'd* Mr. Crane, and Messrs. Philip Williams and Richard H. Smith were appointed in their stead. The Committee prepared accordingly a Proposed Constitution which, on being laid before an adjourned Convention from the Church in all the Confederate States, held in Columbia, S. C, in October last, was adopted, as hereinafter printed. The committee presented also the subsequent Digest of Canons; and the Convention Resolved, That the Committee on the Constitution and Revised Canons be instructed to print, in pamphlet, the said Constitution and Canons, and to send to the Secretary of each Diocesan Convention of the Protestant Episcopal Church now in the Confederate States, or which may be so before the first meeting of the General Council, two copies of the pamphlet fof each Clergyman of the Protestant Episcopal Church in said Diocese. The present pamphlet is accordingly put forth for the consideration of the several Diocesan Conventions, in order to final action at the next General Council, proposed to be held in Augusta, Ga., in November, 1862. By order of the Committee. PAUL TRAPIER, Secretary. Camden, S. C, December, 1861. H^7«i TABLE OF CONTENTS. TAGf. THE CONSTITUTION 1 DIGEST OF CANONS 7 TITLE I. — Of Candidateship and Ordinations 9 TITLE II. — General Regulations of Ministers AND THEIR DUTIES 22 TITLE III.— Of Discipline l\ TITLE IV. — Of Organized Bodies and Officers of the Church 58 TITLE V. — Miscellaneous Provisions 61 "3 (.570$ Digitized by the Internet Archive in 2011 with funding from Duke University Libraries http://www.archive.org/details/proposedconstitu01prot TABLE OF CONTENTS DIGEST OF THE CANONS. PAGE TITLE I. — Of Candidateship and Ordinations 9 CANON I. — Of Ecclesiastical Authority 9 Canon II. — Of the Admission of Persons as Candidates for Deacons' Orders 9 $ 1. Notice of Intention 9 I 2. Certificate 9 §3. Admission and Record 10 I 4. Refusal to admit 10 I 5. Application by a Minister of any Denomination 10 § 6. By one not a citizen 11 And to Officiate in a Foreign Language 11 CANON III. — Of admitted Candidates for Deacons' Orders 12 g 1. Supervision of Candidates 12 § 2. Habit of Devotion 12 j} 3. Lay Readers 12 # 4. Transfer to other Dioceses 13 2*5. Cause of Transfer 13 CANON IV. — General Provisions and Requisites for Ordination 13 ^ 1. Previous application, and notice of rejection 13 $ 2. Age for Ordination 13 jj 3. Candidates from Vacant Dioceses 13 g 4. To Officiate beyond the Confederate States 13 \ 5. Times of Ordination 14 CANON V. — Examinations and Testimonials for Deacons' Orders and Ordination 14 §1. Examination 14 ji 2. Period of Candidateship, and Testimonials from Standing Com- mittee 14 g 3. Testimonials to Standing Committee, and from a Presbyter 15 §4. Substitute Testimonials 15 §5. Candidates from other Denominations 15 # 6. Candidates from other Countries 16 X TABLE OF CONTENTS. TITLE I. — Op Candidateship and Ordinations (Continued). PAGE Canon VI. — Of Deacons 16 § 1. Control of Deacons 16 # 2. Conditions of Officiating 16 I 3. Transfer 17 CANON VII. — Ordination to the Priesthood 17 'iji 1. Deacon proceeding to Priests' Orders 17 g 2. Examinations 17 $3. Dispensations 17 #4. Where there is no Bishop 18 ij/ 5. Testimonials 18 $ 6. Substitute Testimonials 19 Canon VIII. — Of the Admission of Ministers Ordained by Bishops not in Communion to ith this Church 19 Canon IX. — Of Ministers Ordained in Foreign Countries by Bishops not in Communion with this Church 20 TITLE II. — General Regulations op Ministers, and their Duties 22 Canon I. — The Consent necessary for Officiating 22 # 1. In case of Ministers 22 #2. In case of Lay Readers 22 Canon II. — General Regulations of Ministers 22 g 1. Election 22 And Institution 23 £ 2. Certificate to Minister removing from one Diocese to another.... 23 §3. Alms at Communion 23 $ 4. Duty of Ministers about Confirmations, and about the state of the Congregation 23 And for the Diocesan Council , 24 #5. Parish Register, and List of Families 24 $ 6. Officiating of Ministers in the Cures of others 24 Parish Boundaries 24 Neglect of Ministers to Officiate 24 # 7. Clerical Residence 25 Letters Dimissory 25 Reception 25 Letters Dimissory, when not required 25 # S. A Minister when settled 26 Canon III. — Of Bishops 26 jj 1. Election of Bishop 26 TABLE OF CONTENTS. xi TITLE II. — General Regulations op Ministers, &c. {Continued). Canon III. — Of Bishops (Continued). PAGE $ 2. Process for Consecration 26 Testimony from Diocesan Council 26 And from Standing Committees 27 Consent of Bishops 27 Place of Consecration 27 1 3. Age 27 § 4. Assistant Bishop , 27 No Suffragans 28 # 5. Episcopal Visitations 28 And Residence 28 £ 6. Bishops absent for a time 28 % 7. Forms of Prayer and Thanksgiving for extraordinary occasions 28 $ 8. Episcopal Acts in Vacant Dioceses 29 j? 9. Domestic Missionary Bishops 29 Modo and Evidence of Election 29 Jurisdiction 29 Vacancy 29 Discipline 29 Seat in House of Bishops 30 Eligible as Diocesan 30 May appoint Standing Committee , 30 Report to General Council 30 $ 10. Foreign Missionary Bishops 30 Evidence of Election 30 Jurisdiction 30 Mode of Trying such Bishop 31 May Ordain, with what Testimonials, Dispensations, and Re- strictions 31 Jurisdiction over Resident Clergymen 32 Standing Committee 32 Trials of Ministers 32 By what Court 32 Sentence 33 Report to General Council 33 2 11. Election of Missionary Bishop as Diocesan 33 Diocese without a Bishop placed under charge of another Bishop 33 No other Bishop to Officiate there during such charge 33 §12. Episcopal Resignations 34 House of Bishops to accept or refuse 34 If during recess of General Council 34 Resigned Bishop eligible to Diocese, under what restrictions 35 Bishops without Charge subject to General Council 35 Case of Suspended Bishop resigning 35 Xli TABLE OP CONTENTS. TITLE II. — General Regulations of Ministers, &c. {Continued). PAGE CANON IV. — Of a List of the Ministers of tJiis Church 36 jS 1. Secretary of House of Deputies to keep a Register 36 g 2. Admission of Ministers to be notified 36 CANON V. — Of the Mode of Securing an Accurate View of the state of the Church 36 § 1. Statement in Parochial Reports 36 Clergymen not settled to report service 36 # 2. Bishop's Address 37 § 3. Committee on the state of the Church 37 Pastoral Letter 37 $4. Duty of Diocesan Secretaries 37 g 5. Condensed Report from each Diocese 37 CANON VI. — Of the mode of publishing Authorized Editions of the Standard Bible of this Church 38 CANON VII. — Of publishing Editions of the Book of Common Prayer 38 CANON VIII. — Of Parochial Instruction 39 CANON IX. — Of the Use of the Booh of Common Prayer 39 § 1. Use enjoined 39 Discretion allowed 39 #2. Special Services 40 TABLE OF CONTENTS. X1U PAGE TITLE III.— Op Discipline 41 Canon I. — Of Amenability and Offences for which a Minister may be Tried and Punished 41 § 1. To whom Ministers amenable 41 $2. Punishable Offences 41 § 3. Liability of Clergymen presenting for Ordination 41 §4. Proceeding on public rumour 41 Canon II. — Of a Clergyman in one Diocese or Missionary District chargeable with Misdemeanour in another 42 § 1. Offence committed in a different Diocese 42 §2. Bishop may admonish, &c 42 g 3. Case of Clergymen Ordained in Foreign Countries 43 CANON III. — Of Renunciation of the Ministry 43 § 1. Where no proceeding is pending 43 §2. Suspension of action 43 §3. Where liability to Presentment 43 J 4. Notice of Deposition 44 CANON IV. — Of the Abandonment of the Communion of this Church by a Presbyter or Deacon 44 $ 1. Abandonment without Renunciation 44 Certificate 44 Notice 44 §2. Deposition 44 Proviso 44 CANON V. — Of a Clergyman absenting himself from his Diocese.... 45 CANON VI. — Of the Abandonment of the Communion of the Church by a Bishop 45 Canon VII.— Of the Trial of a Bishop 46 § 1. Offences 46 §2. Charges in writing 46 Action on rumours 46 Lay Advocate 47 ^3. Charges to whom delivered 47 § 4. Board of Inquiry 47 How constituted 47 Notice to Members 48 Place of Meeting 48 Copy of Charges 48 Organization 48 Sittings Private 48 XIV TABLE OF CONTENTS. TITLE III.— Op Discipline (Continued). Canon VII. — Of the Trial of a Bishop (Continued). § 4. — (Continued). PAGE Duty of the Board 4S Law of Evidence 48 Presentment 48 To whom to be sent 48 Refusal to Present 49 Bar to future Presentment 49 Exception 49 Limitation of Time 49 g 5. Notices on Presentment 49 To Accused 49 And to Church Advocate 49 Formation of Court 49 Notice to Members of Court 50 Summons to Accused and to Witnesses 60 j} 6. Course of proceeding 50 President and Clerk 50 Non-Appearance of Accused 51 Common Law the rule 51 Declaration of Witness 51 Deposition of Witnesses 51 Commissary 52 Cross-Examination 52 Service of Notices, Papers and Certificate 52 Accused may have Counsel 52 AVho must be Communicants 53 Opinion of Court 53 Decision 53 Accused to be heard 53 New Trial 53 Sentence 53 Record 54 Exceptions 54 How kept and attested 54 Lay Advisers 54 # 7. Presentment for Erroneous Doctrine 54 To whom addressed 55 Court 55 g 8. Charges against Missionary Bishop 55 And Bishop without Jurisdiction 55 CANON VIII. — Of Sentences 55 §1. Suspension 55 \ 2. Degradation 55 No restoration 50 Notice i. 5G TABLE OP CONTENTS. XV TITLE III. — Of Discipline {Continued). PAGE Canon IX. — Of Remission or Modification of Judicial Sentences... 56 When, and by how many 56 CANON X. — Regulations respecting the Laity 56 3 1. Removal of Communicants 56 § 2. Minister repelling from Communion to inform the Bishop 57 Who to inquire on complaint 57 TITLE IV. — Of tiie Organized Bodies and Officers of the Church 5S Canon I. — Of the General Council 58 §1. Special Meeting 5S By whom to be called 58 Where 5S Deputies 58 I 2. Registrar 58 His Duties 58 To keep all Papers 59 And records of Consecrations 59 (3 3. Notice to Diocesan Councils 59 $ 4. Treasurer 59 jj 5. Expenses of General Council 59 CANON II. — Of Standing Committees -.GO g 1. Duties and Officers GO # 2. Council of Advice to Bishop CO Canon III. — Of Congregations and Parishes 60 Not to unite with Church in another Diocese 60 XVI TABLE OF CONTENTS. PAGE TITLE V. — Miscellaneous Provisions 61 Canon I. — Of Repealed Canons 61 Repeal of repeal not re-enact 61 Canon II. — Of Repeal, Amendment and Enactment of New Canons. 61 Form of altering Canons 61 Changes to be certified by whom 61 CONSTITUTION Article I. This Church, retaining the name " Protestant Epis- copal," shall be known as the "Protestant Episcopal Church in the Confederate States of America." Article II. There shall be in this Church a General Council. There may be also Provincial Councils and Diocesan Councils. Article III. The General Council of this Church shall meet on the second Wednesday in November, in the year of our Lord one thousand eight hundred and sixty-two, at Augusta, Georgia, and on the same day in every third year thereafter, at such place as shall be determined by the Council. In case there shall be an epidemic disease, or other good cause to render it necessary to alter the place appointed for such meeting, the Presiding Bishop may designate another convenient place for the holding of such Council, and special meetings may be called at other times, in the manner hereafter to be determined. The General Council shall consist of two Houses — the House of Bishops and the House of Deputies. The House of Bishops shall be composed of all the Bishops of this Church having jurisdiction within the Confederate States, or the Territories thereof. Each Diocese shall be entitled to an equal representation, cleri- cal and lay, in the House of Deputies. Such representation shall consist of not more than three Clergymen, and three Laymen com- municants in this Church, resident in the Diocese, and elected by the Council thereof. Before they shall proceed to business, a majority of the Dioceses, which shall have adopted this Constitution, shall be represented iu the Council. The representations from two Dioceses shall be suf- ficient to adjourn. In all business of the Council freedom of debate shall be allowed. Each House shall have a right to originate acts ; and, when any act shall have been passed in either House, it shall be transmitted to the other House for its consideration. No act shall have the N;unr. Councils. General Council. i '< INSTITUTION. Constitution, operation of law, unless concurred in and authenticated by both Y Houses. When any proposed act shall have passed the House of Deputies, and shall be negatived by the House of Bishops, the House of Bishops shall, when requested by the House of Deputies, signify to it in writing the reasons for non-concurrence, within three days after such request shall have been made. In all questions, when required by the clerical or lay representa- tion from any Diocese, each order shall have one vote, and the majority of suffrages by Dioceses shall be conclusive in each order : Provided such majority comprehend a majority of the Dioceses represented in that order. The concurrence of both orders shall be necessary in such case to constitute a vote of the House. If any Diocese should omit or decline to elect clerical Deputies to the General Council, or should omit or decline to elect lay Deputies, or if any of those of either order elected should fail to attend, such Diocese shall, nevertheless, be considered as duly rep- resented by such Deputy or Deputies as may attend, whether lay or clerical. And if, through the neglect of any Diocese, which shall have adopted this Constitution, no Deputy therefrom, either lay or clerical, should attend the Council, the Church in such Diocese shall, nevertheless, be bound by the acts of such Council. Article IV. Whenever any one of the Confederate States shall contain more than one Diocese, said State may, with the consent of all the Dioceses in said State, constitute an Ecclesiastical Province, in which a Provincial Council may be held at least once in every Provincial three years, which Provincial Council shall be made up of all the Bishops having jurisdiction within the Province, and of such rep- resentatives, clerical and lay, from the Dioceses within the Province, as may be determined upon by the Diocesan Councils thereof. If there be more than one Bishop within the Province, the senior Bishop by consecration shall preside in the Provincial Council, and when there shall be three, or more than three Bishops, they shall form a separate House. Whenever such Council shall legislate, its acts shall be of force within all the Dioceses embraced within the Province. Article V. There shall be held annually, in each Diocese, a Diocesan Council, to be composed of the Bishop or Bishops of the Diocese, and of a lay and clerical representation from each Parish of the Diocese. This Council shall legislate for only Diocesan purposes. Province. Council. Diocesan Councils. CONSTITUTION . 3 Article VI. The Bishop or Bishops in each Diocese shall be Constitution. chosen by the Council of that Diocese, agreeably to such rules as it v "~"~~y^~-~ / may prescribe ; and every Bishop of this Church shall confine the Bishops. exercise of his Episcopal Office to his proper Diocese, unless requested to perform any act of that Office by the Ecclesiastical Authority of another Diocese. Article VII. A new Diocese, formed in any of the Confederate New Dioceses. States, or in any Territory thereof, not now represented, may, at any time hereafter, be admitted to union with, and representation in, the General Council of this Church, on acceding to this Consti- tution : Provided there were, at the time of organizing, and are, at the time of making application for admission, at least six officiating Presbyters within such Diocese, regularly settled in a Parish or Church. A new Diocese may be formed within the limits of any existing Diocese, with the consent of its Council and the Bishop or Bishops thereof, or, if there be no Bishop, of the Ecclesiastical Authority thereof j and a new Diocese may be formed within the limits of two or more Dioceses, with the like consent. But no such new Diocese shall be formed, which shall contain less than ten self-supporting Parishes, or less than ten Presbyters who have been for at least one year canonic-ally resident within the bounds of such new Diocese, regularly settled in a Parish or Congregation, and qualified to vote for a Bishop ; nor shall such new Diocese be formed if thereby any existing Diocese shall be so reduced as to contain less than fifteen self-supporting Parishes, or less than fifteen Presbyters who have been residing therein, and settled and qualified as above-mentioned: Provided, that no city shall form more than one Diocese. In case a Diocese shall be divided into two or more Dioceses, the Diocesan of the Diocese so divided may elect the Diocese over which he will preside, and shall become the Diocesan thereof. And the Assistant Bishop, if there be one, may elect the Diocese to which he will be attached ; and, if it be not the one elected by the Bishop, he shall be the Diocesan thereof. Article VIII. The mode of trying Bishops shall be provided Trials by the General Council. The court appointed for that purpose shall be composed of Bishops only. In every Diocese, the mode of trying Presbyters and Deacons shall be prescribed by the Council of the Diocese. Constitution. Ordinations. CONSTITUTION. None but a Bishop shall pronounce sentence of admonition, sus- pension or degradation from the ministry, on any Clergyman, whether Bishop, Presbyter or Deacon. Article IX. No person shall be admitted to Holy Orders, until he shall have been examined by the Bishop and by two Presbyters, and shall have exhibited such testimonials and other requisites as the Canons in that case provided may direct. Nor shall any person be ordained either Deacon or Priest, until he shall have subscribed the following declaration, viz : "I do believe the Holy Scriptures of the Old and New Testament to be the Word of God, and to contain all things necessary to salvation ; and I do solemnly engage to conform to the Doctrines and Worship of the Protestant Episcopal Church in the Confederate States of America." No person ordained by a foreign Bishop shall be permitted to officiate as a Minister of this Church, until he shall have complied with the Canon or Canons in such case provided, and have also subscribed the aforesaid declaration. Prayer-Book. Article X. A Book of Common Prayer, Administration of the Sacraments and other Bites and Ceremonies of the Church, Articles of Beligion, and a form and manner of making, ordaining and con- secrating Bishops, Priests and Deacons, when established by the General Council, shall be used in those Dioceses which shall have adopted this Constitution. No alteration or addition shall be made in the Book of Common Prayer, or other offices of the Church, or the Articles of Religion, unless the same shall be proposed in one General Council, and by a resolution thereof made known to the Council of every Diocese, approved by a majority of the Diocesan Councils, and adopted at the subsequent General Council. Bishops for Article XL Bishops for foreign countries may, on due applica- fcries. " ti° n therefrom, be consecrated, with the approbation of a majority of the Bishops of this Church, signified in writing to the Presiding Bishop ; he thereupon taking order for the same, and they being satisfied that the person designated for the office has been duly chosen and is properly qualified. The Order for such Consecration shall be conformed, as nearly as may be, in the judgment of the Bishops, to the one used in this Church. Bishops, so consecrated, shall not be eligible to the office of Dio- cesan, or Assistant Bishop, in any Diocese in the Confederate States, CONSTITUTION. :' nor be entitled to a seat in the House of Bishops, nor exercise any Constitution, authority in the said States. Article XII. Any alteration in this Constitution shall be origi- nated in the General Council. When adopted in one General Council by a majority of the House of Bishops and by a majority of the House of Deputies, said Deputies voting by Dioceses and orders, such alteration shall be made known to the several Diocesan Councils, and, if agreed to by two-thirds of them, and ratified in the ensuing General Council, the same shall be a part of this Con- stitution. DIGEST OF THE CANONS. TITLE I. OF CANDIDATESHIP AND ORDINATIONS. CANON I. OF ECCLESIASTICAL AUTHORITY. The Eccclesiastical Authority of each Diocese shall be its Bishop. Eeclesiasti- When there is no Bishop, the Standing Committee is the Ecclesi- cal Authority. astical Authority for all purposes declared in these Canons. CANON II. OF THE ADMISSION OF PERSONS AS CANDIDATES FOR DEACONS' ORDERS. § 1. Every person, who desires to become a candidate for Holy Notice of in- Orders in this Church, shall, in the first instance, give notice of tention. that desire to the Ecclesiastical Authority to whose jurisdiction he belongs; in which notice he shall declare whether he has ever applied for admission as a candidate in any other Diocese. The Bishop, or other Ecclesiastical Authority, may consent to his apply- ing in some other Diocese. § 2. The notice above required having been given to the Bishop, and the Bishop having signified his approbation in writing, the person so applying shall send the said certificate in a letter ad- certificate, dressed by him to the President or Secretary of the Standing Com- mittee of the Diocese of the said Bishop; whereupon the Standing 2 10 TITLE I. — Of Candidateship and Ordinations. Admission and Record. Canon II. Committee may, if they see fit, testify in his hehalf to the Bishop, v -~"v~-'' that, from personal knowledge, or from testimonials laid before them, they believe that he is pious, sober and honest, attached to the doctrine, discipline and worship of the Protestant Episcopal Church, a communicant of the same, and in their opinion possesses such qualifications as will render him apt and meet to exercise the ministry to the glory of God, and the edifying of the Church ; and if the Standing Committee cannot certify as above from personal knowledge, the testimonials laid before them by the applicant shall be of the same purport, and as full, as the certificate above required, and shall be signed by at least one Presbyter and four respectable laymen of the Protestant Episcopal Church in the Confederate States. § 3. The applicant shall transmit the certificate of the Standing- Committee to the Bishop, who may thereupon admit the person as a candidate for Holy Orders, and shall record the same in a book to be kept by him for that purpose, and shall notify the candidate of such record. In any Diocese where there is no Bishop, the Standing Committee may, on the same conditions, admit the person as a candidate, and shall make record and notification in the same manner. § 4. No person who has previously applied for admission as a candidate in any Diocese, and has been refused admission, or, having been admitted, has afterwards ceased to be a candidate, shall be admitted as a candidate in any other Diocese, until he shall have produced from the Ecclesiastical Authority of the former Diocese a certificate declaring the cause for which he was refused admission, or for which he ceased to be a candidate. Application § 5. [1.] When a person, who, not having bad Episcopal Ordina- of any denom- tion, has been acknowledged as an ordained minister or licentiate in any denomination of Christians, shall desire to be ordained in this Church, he shall give notice thereof to the Ecclesiastical Authority of the Diocese in which he resides; or, if he reside in a State or Territory in which there is no organized Diccese, to the Missionary Bishop within whose jurisdiction he resides; which notice shall be accompanied by a written certificate from at least two Presbyters of this Church, stating that, from personal knowledge of the person, or satisfactory evidence laid before them, they believe that his desire to leave the denomination to which he belonged has not arisen from any circumstance unfavorable to his moral or religious character, or Refusal to admit. ination. Notice Certificate. TITLE I. — Of Candidaieship and Ordinations. 11 on account of which it may be inexpedient to admit him to the Canon II. exercise of the ministry in this Church; and they may also add V" - ^ what they know or believe, on good authority, of the circumstances leading to the said desire. [2.] If the Ecclesiastical Authority shall think proper to proceed, the person applying to be received as a candidate shall produce to the Standing Committee a testimonial from at least twelve members of the denomination from which he comes, or twelve members of Testimonial the Protestant Episcopal Church, or twelve persons in part of the pe^ons^and denomination from which he comes and in part Episcopalians, satis- two Presby- factory to the Committee, that the applicant has, for three years last past, lived piously, soberly and honestly; and also a testimonial from at least two Presbyters of this Church, that they believe him to be pious, sober and honest, and sincerely attached to the doctrine, discipline and worship of the Church. The Standing Committee, being satisfied on these points, may recommend him to the Eccle- siastical Authority, to be received as a candidate for Orders in this Church. § 6. When a person, not a citizen of the Confederate States, who snek app ii_ has been acknowledged as an ordained minister in any denomination cat,ou h y one ni • ■ i not a citizen. or Christians, shall apply to become a candidate for Orders in this Church, the Bishop to whom application is made shall require of him (in addition to the above qualifications) satisfactory evidence that he has resided at least one year in the Confederate States, previous to his application. When a person, not a citizen of the Confederate States, who has And to offiei- been acknowledged as an ordained minister in any denomination of , ate in a forei S n _,. . . , language. Christians, shall apply for Orders in this Church on the ground of a call to a Church in which divine service is celebrated in a foreign language, the Standing Committee of the Diocese to which such Church belongs, may, on sufficient evidence of fitness according to the Canons, and by a unanimous vote at a meeting duly convened, recommend him to the Bishop for Orders, and the Bishop may then ordain him, and he may be settled, and instituted into the said Church, without his producing a testimonial to his character by a clergyman from his personal knowledge of him for one year, and without his having been a year resident in this country, anything in any other Canon of this Church to the contrary notwithstanding: Provided, that, in both of the above cases, the person applying pro- duce a certificate, signed by at least four respectable members of this 12 TITLE I. — Of Candidateship and Ordination*. Canon III. Church, that they have satisfactory reasons to believe the testimoni- v ""~"v~~" als to his religious, moral and literary qualifications to be entitled to full credit. CANON III. OF ADMITTED CANDIDATES FOR DEACONS' ORDERS. § 1. The Bishop, or other Ecclesiastical Authority who may have Supervision the superintendence of candidates for Deacons' Orders, shall take of Candidates. care ^ a ^ they pursue their studies diligently and under proper direction, and that they do not indulge in any vain or trifling con- duct, or in any amusements most likely to be abused to licentious- ness, or unfavorable to that seriousness, and to those pious and studious habits, which become those who are preparing for the Holy Ministry. Habit of de- § 2. It is also to be made known to every candidate, that the Church expects of him, what never can be brought to the test of any outward standard — an inward fear and worship of Almighty God, a love of religion, and a sensibility to its holy influences, a habit of devout affection, and, in short, a cultivation of all those graces which are called in Scripture, the fruits of the Spirit, and by which alone His sacred influences can be manifested. Lay Readers. § 3. No candidate for Deacons' Orders shall take upon himself to perform the service of the Church but by a license from the Bishop, or, if there be no Bishop, from the clerical members of the Standing Committee, of the Diocese in which such candidate may wish to perform the service. And such candidate shall submit to all the regulations which the Bishop, or said clerical members, may Restrictions, prescribe. He shall not use the absolution or benediction ; he shall not assume the dress appropriate to clergymen ministering in the congregation; he shall conform to the directions of the Bishop, or said clerical members, as to the sermons or homilies to be read; nor shall any such Lay Reader deliver sermons of his own composition, but, with the permission of the Bishop of the Diocese in which he is a candidate, may make addresses or exhortations to such congre- gations as may be formed outside of established parishes. § 4. A candidate for Deacons' Orders may, on letters dimissory TITLE I. — Of Candidateship and Ordinations. 13 from the Bishop or Standing Committee of the Diocese to which he Canon III. belongs, be transferred to the jurisdiction of any Bishop in this Y Church; and if there be a Bishop of the Diocese where the candi- other Dioceses. date resides, he shall apply to no other Bishop for ordination without the permission of the former. & 5. No candidate shall change his canonical residence but for „ Cause of _ . . . Transfer, causes sufficient in the judgment of the Ecclesiastical Authority; nor shall any candidate be dismissed from the Diocese in which he was admitted, or to which he has been duly transferred, for the con- venience of attending any theological or other seminary. CANON IV. GENERAL PROVISIONS AND REQUISITES FOR ORDINATION. § 1. No Bishop shall ordain any candidate until he has enquired Previous ap- of him whether he has ever, directly or indirectly, applied for Holy Orders in any other Diocese; and, if the Bishop has reason to believe that the candidate has been refused Holy Orders in any other Diocese, he shall write to the Ecclesiastical Authority of such Diocese to know whether any just cause exists why the candidate should not be ordained. When any Bishop rejects an application Notice of re- fer Holy Orders, he shall immediately give notice to the Ecclesi- astical Authority of every Diocese. § 2. Deacons' Orders shall not be conferred on any person until Age for Or- he shall be twenty-one years old, nor Priests' Orders until he shall be twenty- four years old. § 3. Every candidate for Holy Orders who may be recommended Candidates 1 . . . -i-i-j' fr° m vacant by the Standing Committee of any Diocese destitute of a Bishop, if Dioceses. he have resided for the greater part of three years last past within the Diocese of a Bishop, shall apply to such Bishop for ordination. And such candidate shall produce the usual testimonials, as well from the Committee of the Diocese in which he has resided, as from the Committee of the Diocese for which he is to be ordained. § 4. No Bishop of this Church shall ordain any person to officiate Ordination as a Priest in any Congregation or Church not under Episcopal super- yond the Con ~ vision, and situated beyond the jurisdiction of these Confederate federate States States, until he shall have received from his Standing Committee 14 TITLE I. — Of Candid ateslrip and Ordinations. Canon IV. the usual testimony, founded upon sufficient evidence of the sound- v^""' ness in the faith, and of the pious and moral character of the applicant, nor until he has been examined on the studies prescribed by the Canons of this Church; and should any clergyman, so or- dained, wish thereafter to settle in any congregation of this Church, he must obtain a special license therefor from the Bishop, and officiate as a probationer for at least one year. Times of Or- §5. Agreeably to the practice of the Primitive Church, the stated times of ordination shall be on the Sundays following the Ember weeks. Special ordinations may be held at such other times as the Bishop shall appoint. CANON Y. EXAMINATIONS AND TESTIMONIALS FOR DEACONS' ORDERS AND ORDINATION. Examination. § 1. Every person hereafter to be ordained Deacon in this Church, shall be examined by the Bishop and two Presbyters, on Moral Philosophy and Rhetoric, the Holy Scriptures and the Book of Common Prayer, and they shall enquire into his fitness for the min- istrations declared in the Ordinal to appertain to the office of a Deacon, and be satisfied thereof. Period of § 2. No person shall be ordained Deacon in this Church until he and" Testimn? sna ^ nave remained a candidate for Holy Orders at least one year, nials from and until he shall exhibit to the Bishop testimonials from the Standing Com- a 3 . ~ . _ , _. „ . . mittee. (Standing Committee ol the Diocese for which he is to be ordained, which shall be signed by a majority of all the Committee, the Committee being duly convened, and which shall be in the follow- ing words : "We, whose names are hereunder written, testify that A. B. hath laid hefore us satisfactory 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 Protestant Episcopal Church in the Confederate States; 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 ." TITLE I. — Of Candidatesliip and Ordinations. 15 § 3. But before a Standing Committee shall proceed to recom- Canon V. mend any candidate, as aforesaid, to the Bishop, such candidate ^"""v"~-" / shall produce from the Minister and Vestry of the parish where he t0 standing- resides, or from the Vestry alone, if the parish be vacant; or, if Committee, there be no Vestry, from at least six respectable persons of the Protestant Episcopal Church in the Confederate States, testimonials of his piety, good morals and orderly conduct, in the following words : "We, whose names are hereunder written, do testify from evidence satis- factory 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 anything contrary to the doctrine or discipline of the Protestant Episcopal Church in the Confederate States; 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 testimonials Testimonials signed by at least one respectable Presbyter of the Protestant Epis- f'" m a Pres " copal Church in the Confederate States, which testimonials shall be in the following word^ : "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, writ- ten, taught or held anything contrary to the doctrine or discipline of the Prot- estant Episcopal Church in the Confederate States ; 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 satis- factory to me. In witness whereof, I have hereunto set my hand, this day of , in the year of our Lord ." § 4. But in case a candidate, from some peculiar circumstances Substitute not affecting his pious or moral character, shall be unable to procure es imoma s * testimonials from the Minister and Vestry of the parish wherein he resides, the Standing Committee may accept testimonials of the purport above stated, from at least twelve respectable members of the Protestant Episcopal Church in the Confederate States, and from at least one respectable Presbyter of the said Church, who has been personally acquainted with the candidate for at least one year. § 5. Candidates who, not having Episcopal ordination, have been „ Candidates ° ' .... . . from other de- acknowledged as ordained or licensed ministers in any denomination nominations. 16 TITLE I. — Of Candidateship and Ordinations. Canon V. Candidates from other countries. 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 Deacons' Orders, and, in the examinations, special regard shall be had to those points in which tbe denomination whence they came 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 : Provided, that in their case the testimonials shall be required to cover only the time since their admission as candidates for Holy Orders. § 6. When any person, not a citizen of the Confederate States, who has been acknowledged as an ordained or licensed minister in any denomination of Christians, shall apply for Orders in this Church, the Bishop, to whom the application is made, shall require of him (in addition to the above qualifications) satisfactory evidence that he has resided at least one year in the Confederate States pre- vious to his application. CANON VI. Control of Deacons. Conditions of officiating. OF DEACONS. § 1. 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 dimissory to the 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 members, may direct. § 2. No Deacon shall be settled over a Parish or Congregation ; nor shall any Deacon officiate in any Parish or Congregation, 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 entirely subject to the direction of such Rector in all his minis- trations. TITLE I. — Of Candidateshijj and Ordination:;. 17 § 3. No Deacon shall be transferred to another Diocese without Canon VI. the written request of the Bishop, to whose jurisdiction he is to be ^■~"v~~"' /, t Transfer, transferred. CANON VII. ORDINATION TO THE PRIESTHOOD. $ 1. Whenever a Deacon shall determine to proceed to Priests' Deacon pro- Orders, he shall give to the Bishop written notice of such inten- pries^Ordcr." tion ; whereupon the Bishop shall record the notice in a book to be kept by him for this purpose, and shall appoint and direct the studies of the Deacon accordingly. § 2. Every Deacon desiring to receive Priests' Orders shall stand Examinations three different examinations, at such times and places as the Bishop, (1 °* s ncs s r " to whom he applies for Holy Orders, shall appoint. The examina- tion shall take place in the presence of the Bishop and two or more Presbyters. The first examination shall be on the books of Scrip- First. ture, the candidate being required to give an account of the differ- ent books, to translate from the original Greek and Hebrew, and to explain such passages as may be proposed to him. The second Second, examination shall be on the evidences of Christianity and Syste- matic Divinity, and the last examination shall be on Church History, Last. Ecclesiastical Polity, the Book of Common Prayer, and the Consti- tution and Canons of the Church, and of the Diocese for which he is to be ordained. (He shall be examined also as to his knowledge of the Latin tongue.) At each of the forementioned examinations he shall produce and read a sermon or discourse, composed by him- self, on some passage of Scripture, previously assigned to him, which, together with two other sermons or discourses on some pas- sage or passages of Scripture selected by himself, shall be submitted to the criticisms of the Bishop and clergy present ; and, before his ordination, he shall be required to perform such exercises in read- ing, in the presence of the Bishop and clergy, as may enable them to give him such advice and instructions as may aid him in per- forming the services of the Church, and delivering his sermons with propriety and devotion. § 3. When a Deacon, applying to be admitted to Priests' Orders, Dispensations 3 18 TITLE I. — Of Candidateship and Ordinations. Canon VII. wishes knowledge of the Latin, Greek and Hebrew languages, and ^ Y-— ^ other branches of learning not strictly ecclesiastical, to be dispensed with, the Standing Committee shall not recommend him for Priests' Orders 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 extraordinary 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 knowledge of the Hebrew language, the Bishop shall have the sole power of dispen- sation. Where there §4. In a Diocese where there is no Bishop, the Deacon shall be examined by the Bishop to whom he applies for Holy Orders, and by two or more Presbyters appointed for that purpose by the said Bishop. Testimonials § 5. No person shall be ordained a Priest in this Church until he Committe'e ™ S s ^ ia ^ have exhibited to the Bishop testimonials from the Standing Committee of the Diocese for which he is to be ordained, which testimonials shall be signed with the names of a majority of all the Committee, the Committee being duly convened, and shall be in the following words : " We, whose names are under-written, members of the Standing Committee of the Dioeese of — . , do testify that the Rev'd A. B., Deacon, hath laid before us satisfactory 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 Protest- ant Episcopal Church in the Confederate States ; and, moreover, we think him a person worthy to be admitted to the sacred Order of Priests. In wit- ness whereof, we have hereunto set our hands this day of , in the year of our Lord ." Testimonials But before the Standing Committee shall proceed to recommend to Standing an y D eacorj; ag aforesaid, to the Bishop, such Deacon shall produce from the Minister and Vestry of the Parish where he resides, or, if the Parish be vacant, from the Vestry alone, testimonials of his piety, good morals and orderly conduct, in the following words : "We, whose names are hereunder written, do testify that the Rev'd A. B., Deacon, hath, for the space of three years last past, lived piously, soberly, and honestly, and hath not, so far as we know or believe, written, taught or held anything contrary to the doctrine or discipline of the Protestant Episcopal Church in the Confederate States ; and, moreover, we think him a person TITLE I. — Of Candidateship and Ordinations. 19 worthy to be admitted to the sacred Order of Priests. In witness whereof, we Canon VII. have hereunto set our hands this day of , in the *■ — Y — ' year of our Lord ." He shall also lay before the Standing Committee testimonials Testimonials signed by at least one respectable Presbyter of the Protestant Epis- [™ m a Pres " copal Church in the Confederate States, in the following form : " I do certify, that the Rev'd A. B., Deacon, has, for the space of three years last past, lived piously, soberly and honestly, and lias not, so far as I know or believe, written, taught or held anything contrary to the doctrine or discipline of the Protestant Episcopal Church in the Confederate States; and, moreover, I think him a person worthy to be admitted to the sacred Order of Priests. This testimonial is founded on my personal knowledge of the said Rev'd A. B., Deacon, 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 ." § C>. But in case an applicant for Priests' Orders shall, from Substitute peculiar circumstances, not affecting his pious or moral character, be testimonials, unable to procure testimonials from the Minister and Vestry of the Parish where he resides, or in case of there being no Vestry, the Standing Committee may accept testimonials of the purport above stated from at least twelve respectable members of the Protestant Episcopal Church of the Confederate States, and from at least one respectable Presbyter of the said Church, who has been personally acquainted with the candidate for at least one year. CANON VIII. 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 commu- Ministers or- nion with this Church, shall apply to a Bishop for admission into the g^ d g ^ same as a minister thereof, he shall produce a written certificate in communion from at least two Presbyters of this Church, stating that, from per- church, sonal knowledge of him, 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 20 TITLE I. — Of Candida teship and Ordination*. Canon VIII. his moral or religious character, or on account of which it may be ^"~v~— "^ inexpedient to admit him to the exercise of the ministry in this Church ; and he shall also, not less than six months after his appli- cation, in the presence of the Bishop and two or more Presbyters, subscribe the declaration contained in Article IX. of the Constitu- tion ; which being done, the Bishop, being satisfied of his theologi- cal acquirements, may receive him as such minister. CANON IX. OF MINISTERS ORDAINED IN FOREIGN COUNTRIES BY BISHOPS IN COMMUNION WITH THIS CHURCH. Ministers or- & 1. A clergyman coming from a foreign country, and professing dained in for- \ . ,.,„,„•„, „ , „ . eign countries to have been ordained out of the Confederate States by a foreign by Bishops Bi s ]j p [ n communion with this Church, or by a Bishop consecrated in communion r J r with this for a foreign country by Bishops of this Church under Article XI. of the Constitution, or by a Missionary Bishop elected to exercise Episcopal functions in any place or places out of the Confederate States, shall, before he be permitted to officiate in any Parish or Certificate. Congregation, exhibit to the Minister, or, if there be no Minister, to the Vestry thereof, a certificate signed by the Bishop of the Diocese, or, if there be no Bishop, by the Standing Committee duly con- vened, that his letters of Holy Orders are authentic, and given by some Bishop in communion with this Church, and whose 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 Ecclesi- astical Authority thereof, letters dimissory under the hand and seal of the Bishop with whose Diocese he has been last connected; which letters shall be, in substance, those provided for in Section 7 of Canon II. of Title II., and shall be delivered within six months from the date thereof; and when such clergyman shall have been so received, he shall be considered as having passed entirely Letters Di- „ ...... „ , ,-,. , „ , , , ,. . missory. from the jurisdiction of the Bishop from whom the letters dimissory TITLE I. — Of Candidateship and Ordinations. 21 were brought, to the full jurisdiction of the Bishop or other Eccle- Canon IX. siastical Authority by whom they shall have been accepted, and v "-~"v~~"~' become thereby subject to all the canonical provisions of this Church : Provided, that no such clergyman shall be so received into union with any Diocese until he shall have subscribed, in the pres- ence of the Bishop of the Diocese in which he applies for recep- tion, and of two or more Presbyters, the declaration contained in Article IX. of the Constitution ; which being done, said Bishop or Standing Committee, being satisfied of his theological acquirements, may receive him into union with this Church as a minister of the same : Provided, also, that such minister shall not be entitled to settle in any Parish or Church, as canonically in charge of the same, until he shall, subsequently to the acceptance of his letters dimissory, have resided one year in the Confederate States. § 2. And if such foreign clergyman be a Deacon, he shall obtain in this country the requisite testimonials of character, before he be ordained a Priest. TITLE II. GENERAL REGULATIONS OF MINISTERS AND THEIR DUTIES. CANON I. THE CONSENT NECESSARY FOR OFFICIATING. In case of § 1. No Minister shall officiate, transiently or otherwise, in a Con- gregation or vacant Parish, or in one the Rector or Minister of which is sick or absent, unless the Wardens, Vestry or Trustees of the Congregation are satisfied that he is at the time an Episcopally ordained Minister in good and regular standing. When from another Diocese, letters commendatory from the Ecclesiastical Authority thereof may be required. Of Lay-Read- § 2. Any Bishop may, at his discretion, license any suitable person to act as a lay-reader. CANON II. GENERAL REGULATIONS OF MINISTERS. Election of § 1. [1.] It is hereby required that, on the election of a Minister Ministers. j nto an y (^h^gh or Parish, the Vestry shall deliver, or cause to be delivered, to the Ecclesiastical Authority of the Diocese, notice of the same, in the following form : Certificate of " We, the Church Wardens, (or, in case of an Assistant Minister, we, the election. Rector and Church Wardens) do certify to the Rt. Rev'd, (naming Hie Bishop) or to the Rev'd, (naming the President of the Standing Committee) that (naming the person) has been duly chosen Rector (or assistant Minister, as the case may be,) of (naming the Parish or Clwrch.''') Which certificate shall be signed with the names of those who certify. TITLE II. — General Regulations of Ministers. 23 [2.] If the Ecclesiastical Authority be satisfied that the person Canon II. so chosen is a qualified Minister of this Church, the said Ecclesi- * . To be re- astical Authority shall transmit the said certificate to the Secretary cor ded. 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 Ecclesiastical institution. Authority may, at the instance of the Vestry, proceed to have him instituted according to the Office established by this Church, if that Office be used in the Diocese. This provision, concerning the use of the Office of Institution, is not to be considered as applying to any Congregation destitute of a house of worship. § 2. No Minister, removing from one Diocese or Missionary Dis- Certificate to trict to another, shall officiate as the Rector, Stated Minister, or moving f ro ^ Assistant Minister of any Parish or Congregation of the Diocese or one Diocese to another. District to which he removes, until he shall have obtained from the Ecclesiastical Authority a certificate in the words following : " I hereby certify that the Rev. A. B. has been canonically transferred to my jurisdiction, and is a Minister in regular standing." § 3. The Alms and Contributions at the administration of the Almsatcom- 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 charitable uses as shall by him be thought fit. § 4. [1.] It shall be the duty of Ministers to prepare young per- Duty of min- sons and others for the holy ordinance of Confirmation. And on confirmations. notice being received from the Bishop of his intention to visit any Church for the purpose of administering that rite, which notice shall be at least one month before the intended visitation, the Minis- ter 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 visitation the Minister and Church Wardens, About the or Vestry, shall lay before the Bishop, if required, the Parish congregation. records, and give information to him of the state of the Congrega- tion, under such heads as shall have been committed to them in the notice given as aforesaid. 24 TITLE II. — General Regulations of Ministers. Canon TI. [3.] And further, the Ministers and Church Wardens of such V "~"~ v ~~"^ Congregations as cannot be conveniently visited in any year, shall cesan Council Dr i Q g or send to the Bishop, at the stated meeting of the Council of the Diocese, information of the state of the Congregation, under such heads as shall have been committed to them at least one month before the meeting of the Council. Parish Regis- § 5. [1.] Every Minister of this Church shall keep a register of ten baptisms, confirmations, communicants, marriages and funerals, •within his cure, agreeably to such rules as may be provided by the Council of the Diocese where his cure lies; and if none such be provided, then in such manner as in his discretion he sball think best suited to the uses of such a register. To prove [2.] The intention of the Register of Baptisms is hereby declared Church-mem- j. Q j^ ag f or j] ier g 00 d uses, so especially for the proving of the right of the Church-membership of those who may have been admitted into this Church by the holy ordinance of Baptism. List of fami- [3.] Every Minister of this Church shall make out and continue, lies - as far as practicable, a list of all families and adult persons within his cure, which, with all other Parish records in his keeping, shall, in case of his removal, be entrusted to the Wardens of the Church, to remain for the use of his successor, to be continued by him and by every future Minister in the same Parish. Officiating of §6. [1.] No Minister belonging to this Church shall officiate, Ministers in g^jjgj. jjy p r g ac hing, reading prayers or otherwise, in the Parish, or others. within the parochial cure of another clergyman, without the consent of the Minister of the Parish or cure, or, in his absence, of the Church Wardens and Vestrymen, or Trustees of the Congregation, or a majority of them. Parish boun- [2.] All regulations respecting Parish boundaries shall be made daries. by Diocesan Councils. Neglect of [3.] If any Minister of this Church, from inability or other cause, fail to perform the regular services in his Congregation, and refuse, without good cause, his consent to any other Minister of this Church to officiate within his cure, the Church Wardens, Vestry- men or Trustees of such Congregation shall, on proof of such failure or refusal before the Standing Committee, or before such persons as may be deputed by them, or before such persons as may be, by the regulations of this Church in any Diocese, vested with the power of hearing and deciding on complaints against Clergy- men, have power, with the written consent of the before-mentioned Ministers. TITLE II. — General Regulations of Ministers. 25 authority, to open the doors of their Church to any regular Minister Canon II. of this Church. ^"-—y-"— ' §7. [1.] A Minister of this Church removing within the juris- Clerical resi- diction of any Bishop or other Ecclesiastical Authority, shall, in dence - order to gain canonical residence within the same, present to said Ecclesiastical Authority a testimonial from the Ecclesiastical Au- thority 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 trans- Letters di- ferred to the Ecclesiastical Authority of , is a Presbyter (or Deacon) missory. of , in regular standing, and lias not, so far as I know or believe, been justly liable to evil report, for error in religion or viciousness of life, for three years last past." All such testimonials shall be called Letters Dimissory. When to affect canon cal residence. [2.] No such letters shall affect a Minister's canonical residence, af until, after having been presented according to address, they shall have been accepted, and notification of such acceptance given to the au- thority whence it proceeded. The residence of the Minister so trans- ferred shall date from the acceptance of his letters dimissory. If not presented within three months after date, they may be considered as void by the authority whence they proceeded ; and shall be so When void, considered, unless they be presented within six months. [3.] If a Minister, removing into another Diocese, who has been Reception, called to take charge of a Parish or Congregation, shall present a testimonial in the form aforesaid, it shall be the duty of the Eccle- siastical Authority of the Diocese to which he has removed, to When to be accept it, unless the Bishop or Standing Committee should have gran e heard rumors, which he or they believe to be well founded, against the character of the Minister concerned, and which would form a proper ground of canonical inquiry and presentment; in which case the Ecclesiastical Authority shall communicate the same to the Ecclesiastical Authority of the Diocese to whose jurisdiction the said Minister belongs; and, in such case, it shall not be the duty of When refused, 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 chaplains in the Letters di- army and navy, and professors and officers in institutions under the not'required 611 direction of the General Council, .to obtain and present letters 4 26 TITLE II. — General Regulations of Ministers. Canon II. diniissory as above described, whenever they remove from one Dio- v "- ~~v~" — ' cese or Missionary District to any other Diocese or Missionary Dis- trict, whether Domestic or Foreign, and remain there for the space of six months. If, at the end of that time, any Minister, so removing, shall not have obtained and presented such letters, the Bishop of the Diocese from which he has removed shall have the right to transfer him by letters dimissory into the Diocese of the Bishop into whose jurisdiction he has removed. § 8. A minister is settled for all purposes here or elsewhere men- tioned in these Canons, who has been engaged permanently by any Parish, according to the rules of said Diocese, for any term not less than one year. CANON III OF BISHOPS. Election of § 1- To entitle a Diocese to the choice of a Bishop by the Coun- Bishop. c ij thereof, there must be, 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 Council electing. Process for § 2. [1.] Whenever the Church in any Diocese shall be desirous consecration. of the CO r>secratiori of a Bishop elect, the Standing Committee of the Church in such Diocese shall, by their President, or by some person or persons specially appointed, communicate the desire to the Standing Committees of the Churches in the different Dioceses, together with evidence of his election, and a certified copy of the following testimonial : Testimony Testimon;/ from the Members of the Council in the Diocese from tohenct flic from Diocesan Person is recommended for Consecration. Council. "We, whose names are underwritten, fully sensible how important it is that the sacred office of a Bishop should not be unworthily conferred, and firmly persuaded that it is our duty to bear testimony on this solemn occasion, with- out 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 TITLE II. — General Regulations of Ministers. 27 is any impediment, on account of which he ought not to be consecrated to Canon III. that Holy Office. We do, moreover, jointly and severally, declare that we do, v — y~—^ 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." [2.] The evidence of the consent of the Standing Committees Testimony shall be in the form following : * om ,. _ th ' e & Standing Com- mittees. Testimony from the Sta?idmg Committee of {naming the Diocese). " Wc, whose names are underwritten, fully sensible how important it is that the sacred office of a Bishop should not be unworthily conferred, and firmly persuaded that it is our duty to bear testimony, on this solemn occasion, with- out 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 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." [3.] And if the major number of the Standing Committees shall Consent of consent to the proposed consecration, the Standing Committee of the Elsll0 P s - Diocese concerned shall forward the evidence of such consent? together with other testimonials, to the Presiding 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 Council, who shall communicate the same to all the Bishops of this Church in the Confederate States; and if a majority of the Bishops consent to the consecration, the Presiding Bishop, or Bishop aforesaid, with any two Bishops, or any three Bishops to whom he may communicate the testimonials, may proceed to perform the same. [4.] The consecration of a Bishop shall, if practicable, take pi ace f place always in the Diocese of which he is the Bishop elect. consecration. § 3. No man shall be consecrated a Bishop of this Church until Ar , e he shall be thirty years old. § 4. When a Bishop of a Diocese is unable, by reason of old age, Assistant or other permanent cause of infirmity, to discharge his Episcopal Bishop, duties, one Assistant Bishop may be elected by and for the said Diocese, who shall, in all cases, succeed the Bishop, in case of sur- viving him. The Assistant Bishop shall perform such Episcopal 28 TITLE II. — General Regulations of Ministers. Canon III. No Suffragans. Episcopal visitations. Episcopal residence. Bishops ab- sent for a time, Forms of prayer and thanksgiving for extraor- dinary occa- sions. 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 Council of the Diocese, the Assistant Bishop shall, during such inability, perform all the duties, and exercise all the authorities which appertain- to the office 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. § 5. [1.] Every Bishop of 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 shall keep a register of all his official acts. [2.] No Bishop of this Church shall reside beyond the limits of his Diocese, unless with the consent of his Diocesan Council. § 6. It shall be lawful for any Bishop of a Diocese, who is about to leave or has left his Diocese, with the intention of going out of the limits of the Confederate States, or if remaining out of his Diocese for the space of three calendar months, although without leaving v the Confederate 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 authorized, shall thereupon become the Ecclesiastical Authority of such Diocese, to all intents and purposes, until such writing shall be revoked, or the Bishop shall return within the Diocese : Pro- vided, that nothing in this Canon shall be so construed as to pre- vent any Bishop, who may have signed such writing, from exercising his jurisdiction himself, so far as the same may be practicable, during his absence from his Diocese, or from permitting and author- izing any other Bishop to perform Episcopal offices for him. § 7. The Bishop of each Diocese may compose forms of prayer or thanksgiving, as the case may require, for extraordinary occa- sions, 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 TITLE II. — General Regulations of Ministers. 29 the Bishop of any Diocese. The Bishop in each Diocese may also Cauon III. compose forms of prayer to be used before legislative and other ^—^v— •* public bodies. § 8. Any Bishop, Assistant Bishop, or Missionary Bishop, Episcopal may, on the invitation of the Council or the Standing Committee dioceses, of any Diocese where the*re 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. § 9. [1.] The House of Deputies may, from time to time, on Domestic nomination by the House of Bishops, elect a suitable person to be a Bishops. Bishop of this Church, to exercise Episcopal functions in States or Territories not organized into Dioceses. The evidence of such , Mode * nd election shall be a certificate, to be subscribed by a constitutional election, majority of said House of Deputies, in the form required by vj 2 of this Canon to be given by the members of Diocesan Councils, on the recommendation of Bishops elect for consecration, 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.] The Bishop so elected and consecrated shall exercise Epis- Jurisdiction. copal functions in such States and Territories, in conformity with the Constitution and Canons of this Church, and under such regu- lations and instructions, not inconsistent therewith, as the House of Bishops may prescribe ; and the House of Bishops may at any time increase or diminish the number of States or Territories over which the said Bishop or Bishops shall exercise Episcopal functions. [3.] In case of the death or resignation of a Missionary Bishop, Vacancy, or of vacancy by other cause, the charge of the vacant Missionary Episcopate shall, until another Bishop be elected and consecrated, devolve on the senior Bishop of this Church, with the power of appointing some other Bishop as his substitute in said charge. [4.] The jurisdiction of this Church extending in right, though Discipline, not always in form, to all persons belonging to it within the Con- federate States and Territories, it is hereby enacted, that each Missionary Bishop shall have jurisdiction 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 Committee, in any Diocese sufficiently near, and the pre- 30 TITLE II. — General Regulations of Ministers. Canon III. sentinent and trial shall be according to the Constitution and Canons ^- — y— ^ f said Diocese. Or, if there be such a Standing Committee ap- pointed by the Missionary Bishop as is hereinafter provided for, the clerical members thereof 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 : Provided, that the Court shall be composed of at least three Presbyters, excluding the members of the Standing Committee and the accused. Seat in House [5.] Any Bishop or Bishops elected and consecrated under this ops. Section shall be entitled to a seat in the House of Bishops, and shall be eligible to the office of Diocesan Bishop in any organized Eligible as Diocese within the Confederate States. And whenever a Diocese Diocesan. shall have been organized within the jurisdiction of such Missionary Bishop, if he shall be chosen Bishop of such Diocese, he may accept the office, and shall thereby vacate his missionary appoint- ment: Provided, that he continue to discharge the duties of Mis- sionary Bishop within the residue of his original jurisdiction, if there be such residue. May appoint [0.] Every such Bishop may yearly appoint two Presbyters, and Standing Com- ^ WQ L a y men communicants of this Church, resident within his mittee. •> missionary jurisdiction, to perform the duties of a Standing Com- mittee 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. Report to [7.] Every such Bishop shall report to each General Council General Coun- j^ ffi c i a j ac t s an( j ^g s t a t e and condition of the Church in said Cll. States and Territories of the Confederate States. Foreign § 10. [1.] The House of Deputies may, from time to time, on Bishops. nomination by the House of Bishops, elect a suitable person to be a Bishop of this Church, to exercise Episcopal functions in any mis- sionary station of this Church out of the Territory of the Confed- erate States, which the House of Bishops, with the concurrence of the House of Deputies, may have designated. The evidence of Evidence of such election shall be a certificate, to be subscribed by a constitu- election. tional majority of said House of Deputies, expressing their assent to the 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. Jurisdiction. [2.] Any Bishop elected and consecrated under this Section, or TITLE II. — General Regulations of 3£nisters. 31 any foreign Missionary Bishop heretofore consecrated to exercise Canon III. Episcopal functions in any place or country which may have been Y thus designated, shall have no jurisdiction, except in the place or country for which he has been elected and consecrated. He shall be entitled to a seat, but not a vote, in the House of Bishops. He shall not become a Diocesan Bishop in any organized Diocese within the Confederate States, unless with the consent of three-fourths of all the Bishops entitled to seats in the House of Bishops, and also with the consent of the Standing Committees of three-fourths of the Dioceses. [3.] Any Bishop consecrated under this Section, or any Foreign Mode of try- Missionary Bishop heretofore consecrated, shall, on presentment by two-thirds of the Missionaries 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 Confederate States, except that the trial may be within any Diocese in the Con- federate States. [4.] Any Bishop elected and consecrated under this Section, or May ordain, any Foreign Missionary Bishop heretofore consecrated, may ordain as Deacons or Presbyters, to officiate within the limits of his Mis- sion, any persons of the age required by the Canons of this Church, who shall exhibit to him the testimonials required bv Canons V. and Testimonial? for Orders. VII. of Title I., signed by not less than two of the ordained Mis- sionaries of this Church who may be subject to his charge: Pro- vided, nevertheless, that if there be only one ordained Missionary attached to the Mission, and capable of acting at the time, the sig- nature of a Presbyter, under the jurisdiction of any Bishop in communion with this Church, in good standing, may be admitted to supply the deficiency. [5.] Any Foreign Missionary Bishop consecrated under this Dispensation. Section, or heretofore consecrated, may, by and with the advice of two Presbyters, one of whom, if necessity require, shall be a Pres- byter in good standing under the jurisdiction of any Bishop in communion with this Church, dispense with those studies required from a candidate for Deacons' Orders by the Canons of this Church: J'rovided, no person shall be ordained by him who has not passed a Provisos, 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 ordained by him until he shall have been a 32 TITLE II. — General Regulations of Ministers. Canon III. Restrictions. Standing Committee. Trials. candidate for at least three years. 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 Confederate States, until he shall have complied with existing Canons, relating to the learning of persons to be ordained. Jurisdiction [6.] Any Foreign Missionary Bishop elected and consecrated clerffvmen un( ^ er tn * s Section, or any Foreign Missionary Bishop heretofore consecrated, shall have jurisdiction 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 may have been consecrated. [7.] Every such Bishop may yearly appoint not less than two, nor more than five Presbyters, resident within his missionary jurisdic- tion, to act as a Standing Committee in such missionary jurisdiction, upon all questions pertaining to the interests of such missionary jurisdiction; and, in case of the absence of the Bishop from his jurisdiction, or of a vacancy in the Episcopate, said Standing Com- mittee shall be the Ecclesiastical Authority of such missionary jurisdiction. [8.] If any Minister of this Church, acting under a Foreign Mis- sionary appointment, and within the jurisdiction of a Foreign Missionary Bishop of this Church, shall commit any offence for which Ministers may be tried and punished, or shall refuse obe- dience to the lawful authority of the Missionary Bishop, such Clergyman shall be proceeded against according to the Constitution and Canons of any Diocese in this Church, which may have been selected at the time of the appointment of the Standing Committee of such missionary jurisdiction : Provided, that a presentment shall first be made by the members of said Standing Committee, or, if thr accused party be a member of the Standing Committee, by the other member or members thereof. [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 Committee select, by lot, the five who shall compose the Court, which Court shall proceed in the trial, according to the Canons of the General Council of the Protestant Episcopal Church in the Confederate States, so far as the same may be applicable to such a case; and where no provision is made adequate to the exigency, the The Court. TITLE II. — General Regulations of Ministers. 33 Court shall consider and adjudge the ease according to the princi- Canon III. pies of law and equity. v^-^ [10.] The sentence of the Court shall be rendered to the Bishop Sentence, of such missionary jurisdiction, who shall have power to revise and modify the same, and the decision of the Bishop shall be final and conclusive. [11.] Every Bishop elected and consecrated under this Section, Report to or Foreign Missionary Bishop heretofore consecrated, shall report to General 0°un- each General Council his official acts, and the state of the Mission under his supervision. § 11. [1.] When a Diocese, entitled to the choice of a Bishop, Election shall elect as its Diocesan a Missionary Bishop of this Church, the bishop ^as^a Standing Committee of the Diocese electing shall give duly certified Diocesan, 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 Stand- ing 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 Committee of each vacant Diocese, which notice shall state what Bishops and what Standing Committees have consented to the elec- tion. And the same Committee shall transmit to every Congre- gation 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. [2.] A Diocese without a Bishop, or of which the Bishop is for Diocese with- the time under a disability by reason of a judicial sentence, may, pj^jj B undc? by its Council, be placed under the full Episcopal charge and charge of an- 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 vacant or having the Bishop disabled; until, in the case of a vacant Diocese, a Bishop be duly elected and consecrated for the same; and, in the case of a Diocese whose Bishop is disqualified as aforesaid, until the disquali- fication be removed; or until, in either case, the said act of the Council be revoked. [3.] No Diocese thus placed under the full charge and authority Bishop to offi- of the Bishop of another Diocese, or a Missionary Bishop, shall c ^? ^^ invite a second Bishop to perform any Episcopal duty, or exercise charge. o4 TITLE II. — General Regulations of Ministers. Canon III. authority, till its connection with the first Bishop has expired or is v>— v - "' revoked. Episcopal re- s 12. [l."| If durino- the session of the General Council, or signations. ....,, . . „ , . „ . - ., within six calendar months before the meeting of any such Council, 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 Investigation, may investigate the whole case of the proposed resignation, includ- ing not only the facts and reasons that may be set forth in the application for the proposed resignation, but any other facts and circumstances bearing upon it, so that the whole subject of the pro- priety or necessity of such resignation may be placed fully before the House of Bishops. House of [2.] An investigation having thus been made, the House of ccpt or refuse. Bishops may decide on the application ; and, by the vote of a ma- jority of those present, accept or refuse to accept such resignation; and, in all cases of a proposed resignation, the Bishops shall cause their proceedings 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 Deputies. Resignation r3.~i j n case a Bishop should desire to resign at any period not (Itiriiiir recess of General within six calendar months before the meeting of a General Council, Council. k e s ] ia u ma k e 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 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 Sec- tion 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 be ac- cepted at any meeting of the Bishops for that purpose held during a recess, then the senior Bishop present shall pronounce such resig- Notice. nation complete, and communicate the same to the Ecclesiastical TITLE II. — General Regulations of Mi ,ti*t< is. 35 Authority of each Diocese, who shall cause the same to be commu- Canon III. nicated to the several Clergymen in charge of Congregations therein. Y And it shall be the further duty of the Presiding Bishop to cause such resignation to be formally recorded on the journal of the House Record. of Bishops that may meet in General Council next thereafter. If the Bishop desirous of resigning should be the Presiding Bishop, if Presiding then all the duties directed in this Section to be performed by the Blsh °P- Presiding Bishop shall devolve upon the Bishop next in seniority. [4.] No Bishop whose resignation of the Episcopal jurisdiction Resigned of a Diocese has been consummated pursuant to this Section, shall to P ni fe ae be eligible to any Diocese now in union, or which may hereafter be under what re admitted into union, with this Church, unless with the consent of three-fourths of all the Bishops entitled to seats in the House of Bishops, and, also, of three-fourths of the Deputies present at the session of the General Council, or, in the recess of the General Council, with the consent of the Standing Committees of three- fourths of the Dioceses; but he may perform Episcopal acts at the request of any Bishop of this Church within the limits of his Diocese. . Bishops with- [5.] A Bishop, who ceases to have charge of a Diocese, shall still out charge be subject in all matters to the Canons and authority of the General (j enera i coun- Council. . Cl1 - [6.] In case a suspended Bishop of this Church should desire to Resignation resign at any period not within six calendar months before the meet- Bis^o" 811611 ing of a General Council, 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 jurisdiction; and, in case a majority of such Bishops shall return to the Presiding Bishop their written assent to such resig- nation, the same shall be deemed valid and final; and written infor- mation of the said resignation shall at once be communicated by Notice, the Presiding Bishop to the Bishop and Diocese concerned, and to each Bishop of this Church. And it shall be the further duty of the Presiding Bishop to cause such resignation to be formally re- corded on the journal of the House of Bishops that may meet in ecor ' General Council next thereafter. 36 TITLE II. — General Regulations of Ministers. Canon IV. 1 — v— ' CANON IY. OF A LIST OF THE MINISTERS OF THIS CHURCH. Secretary of § l- The Secretary of the House of Deputies shall keep a regis- House of De- ter of all the Clergy of this Church, whose names shall be delivered puties to keep .-in n • 1 • mi -n 1 • • i a Register. to him. m the following manner, that is to say: Ihe Ecclesiastical Authority of this Church, in each Diocese, shall, at the time of each General Council, deliver to the said Secretary a list of the names of all the Ministers of this Church in their proper Dioceses, 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 General Council. Admission of § ^- And, further, it is recommended to the several Bishops of Ministers to be this Church, and to the several Standing Committees, that, during the intervals between the meetings of the General Council, they take such means of making known 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 Min- isters of this Church. CANON V. ports. OF THE MODE OF SECURING AN ACCURATE VIEW OF THE STATE OF THE CHURCH. Statement in § ■"-• As a ^" u ^ an( ^ accurate y i ew 0I> the state of the Church, from Parochial Re- time to time, is highly useful and necessary, it is hereby ordered that every Minister of this Church, or if the Parish be vacant, the Wardens, shall deliver, on or before the first day of every Diocesan Council, to the Bishop of the Diocese, or where there is no Bishop, to the President of the Council, a statement of the number of baptisms, confirmations, marriages and funerals, and of the number of commu- nicants in his Parish or Church, also the state and condition of the TITLE II. — General Regulations of Ministers. 37 Sunday Schools in his Parish, also of the amount of the Commu- Canon V. nion alms, the contributions for Missions, diocesan, domestic and v~~^ 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, Clergymen shall also report the occasional services he may have performed ; and, report services. 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 Council, and shall be entered on the journals thereof. § 2. At every annual Diocesan Council, the Bishop shall deliver Bishop's Ad- an address, stating the affairs of the Diocese since the last meeting ss " of the Council; the names of the Churches which he has visited; the number 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. § 3. At every General Council, the journals of the different Dio- Committco cesan Councils since the last General Council, together with such °? ^ Bta j® of other papers as may tend to throw light on the state of the Church in each Diocese, viz : Episcopal charges, addresses and pastoral let- ters, shall be presented to the House of 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 Deputies; which report, when agreed to by the said House, shall be sent to the House of Bishops, with a request that they will prepare and publish a Pastoral Letter to the members of the Church. When any such Pastoral Let- letter is published, every Clergyman having a Pastoral charge shall ter * read it to his Congregation on some occasion of public worship. § 4. The Secretary of the Council of every Diocese, or the per- Duty of Dio- son or persons with whom the journals or other ecclesiastical papers c . csan Secreta_ are lodged, shall forward to the House of Deputies, at every Gene- ral Council, the documents and papers specified in this Canon. § 5. The Bishop and Standing Committee of the Church in Condensed every Diocese, or, if there be no Bishop, the Standing Committee ca^Diocese 111 only, shall prepare, previously to the meeting of every General Council, a condensed report, and a tabular view of the state of the 38 TITLE II. — General Regulations of Ministers. Canon V. Cliurch in their Diocese, comprising therein a summary of the sta- Y tistics 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 Deputies, in drafting their reports. CANON VI. OF THE MODE OF PUBLISHING AUTHORIZED EDITIONS OF THE STANDARD BIBLE OF THIS CHURCH. Editions of The Ecclesiastical Authority in each Diocese of this Church the Bible to be i n ■ , n ,• , ,- •■ ii corrected by sua ^ appoint, from time to time, some suitable person or persons, to the Standard, compare and correct all new editions of the Bible by the standard edition agreed upon by the General Council, and a certificate of their having been so compared and corrected shall be published with said book. CANON VII. OF PUBLISHING EDITIONS OF THE BOOK B OF COMMON PRAYER. Correct Edi- The Ecclesiastical Authority of this Church, in each Diocese, Prayer-Book. shall appoint one or more Presbyters of the Diocese, who shall com- pare and correct every new edition of the Common Prayer-Book, the Articles, Offices, Metre Psalms and Hymns, by a copy of the standard edition ; and a certificate that said edition has been so com- pared and corrected, shall be published with the same. And in case any edition shall be published without such correction, it shall be the duty of the said Ecclesiastical Authority to give public notice that such edition is not authorized by the Cliurch. TITLE II. — General Regulations of Ministers. 39 Canon VIII. CANON VIII. "--> — ' OF PAROCHIAL INSTRUCTION. The Ministers of this Church who have charge of parishes or Parochial in- cures, shall not only be diligent in instructing the children in the structl0n - Catechism, but shall, also, by stated catechetical lectures and in- struction, be diligent in informing the youth and others in the Doc- trine, Constitution and Liturgy of the Church. Discretion CANON IX. ON THE USE OF THE COOK OF COMMON FRAYER. § 1. (1.) Every Minister shall, before all sermons and lectures, Uso enjoined. and on all other occasions of public worship, use the Book of Com- mon Prayer, as the same is, or may be, established by the authority of the General Council of this Church ; and in performing such service, no other prayers shall be used than those prescribed by the said Book. But any Diocese, by a vote of a majority of both Clergy and Laity in its Council, may, with the consent of its allowed. Bishop, permit that — 1st. Ministers may, at their discretion, use separately the office for Morning Prayer, and that, where a third service is to be held? the Litany or the Ante-communion office, or both, may be used in the afternoon ; the Order for Evening Prayer being reserved for said third service. 2dly. The Order for Holy Communion, in its entircness, may, with a sermon, be used separately: provided, nevertheless, that on the greater Festivals it be preceded by the office for Morning or Evening Prayer. 3dly. On occasions of services other than regular Morning and Evening Prayer in established Congregations, Ministers may, at ' their disci-ction, use such parts of the Book of Common Prayer, 40 TITLE II. — General Regulations of Ministers. Canon IX. and such Lessons, as shall, in their judgment, tend most to edifi- ^"""""v" — ' cation. Special ser- § 2. The Bishops of the several Dioceses may provide such vices. special services as, in their judgment, shall he required by the pe- culiar spiritual necessities of any class or portion of the population within said Dioceses. TITLE III. OF DISCIPLINE CANON I. OF AMENABILITY AND OFFENCES FOR WHICH A MINISTER MAT BE TRIED AND PUNISHED. § 1. Every Minister shall be amenable for offences committed by To whom bim to the Ecclesiastical Authority of the Diocese in which he is Ministers ame- J nable. canonically resident at the time of the charge. § 2. Every Minister shall be liable to presentment and trial, for Punishable any crime or gross immorality, for disorderly conduct, for drunken- ° ence£ ness, for profane swearing, for frequenting places most liable to be abused to licentiousness, 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, suspended, or de- graded, according to the Canons of the Diocese in which the trial takes place, until otherwise provided for by the General Council. § 3. A Clergyman who presents a person to the Bishop for Holy Liability of Orders, as specified in the office for Ordination, without having good sen ti D g. grounds to believe that the requisitions of the Canons have been complied with, shall be liable to Ecclesiastical censure. § 4. If a Minister of this Church shall be accused, by public Proceedings rumour, 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 conduct, or of violating the Canons, or preaching or inculcating heretical doctrine, it shall be the duty of the 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 rumour. And in case of the individual being proceeded against and convicted according to 6 42 TITLE III.— Of Discipline. Canon I. such rules or process as may be provided by the Councils of the V """""V~"'' 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 II. OP A CLERGYMAN IN ONE DIOCESE OR MISSIONARY DISTRICT CHARGEABLE WITH MISDEMEANOR IN ANOTHER. Offence com- § 1- If a Clergyman of this Church, belonging to any Diocese or mi l ted . ™. a Missionary District, shall, in any other Diocese or Missionary Dis- different Dio- J J J cese. trict, conduct himself in such f a way as is contrary to the rules of this Church, and disgraceful to his office, the Ecclesiastical Author- ity thereof shall give notice of the same to the Ecclesiastical Authority where he is canonically resident, exhibiting, with the information given, reasonable ground for presuming its correctness. If the Ecclesiastical Authority, when thus informed, shall omit, for the space of three months, to proceed against the offending Clergy- man, the Ecclesiastical Authority of the Diocese or Missionary District, within which the alleged offence or offences were committed, may institute proceedings, and the decision given shall be con- clusive. Bishop may § 2. If a Clergyman shall come temporarily into any Diocese, a moms , c. unt j er ^ e 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 admonish 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 cir- cumstances, prohibited; and like notice shall be given to the Eccle- siastical Authority 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. TITLE III.— Of Discipline. 43 § 3. The provisions of the last Section shall apply to Clergymen Canon II. ordained in foreign countries by Bishops in communion with this ' Y , . . P , i -i • • i 11 Case of Cler- Church: Provided, that in such case notice ot the prohibition shall gymen ordain- be given to the Bishop under whose jurisdiction the Clergyman ^ u l n n tri g S ° reign shall appear to have last been, and also to all the Bishops exercising jurisdiction in this Church. CANON III. OF RENUNCIATION OF THE MINISTRY. § 1. If any Minister of this Church, against whom there is no Where no Ecclesiastical proceeding instituted, shall declare, in writing, to the proceeding is Ecclesiastical Authority to which he belongs, his renunciation of the Ministry, and his design not to officiate in future in any of the offices thereof, said Ecclesiastical Authority shall record the decla- ration so made. The Bishop shall then depose him from the Min- istry, and pronounce and record in the presence of two or more Clergymen, that the person so declaring has been deposed from the Ministry of this Church; and if there be no Bishop in such Diocese, the same sentence may be pronounced by the Bishop of any other Diocese invited by the Standing Committee to attend for that purpose. § 2. If the Ecclesiastical Authority, to whom such declaration Suspension renouncing the Ministry is made, shall have reason to believe that the person has acted unadvisedly and hastily, all action thereupon may be forborne for the space of not more than six months, during which time the person may withdraw his application. § 3. If the Bishop shall have ground to suppose the person to be Where lia- liable to presentment for any canonical offence, he may, in his dis- ^ ^,,,5° pre " cretion, and with the consent of the Standing Committee, proceed to have the applicant put upon his trial, notwithstanding his having made the aforesaid declaration; and the same discretion is allowed to the Standing Committee, in case the Diocese should be without a Bishop. 44 Canon III. TITLE III.— Of Discipline. § 4. In the case of deposition from the Ministry, as above pro- vided for, the Bishop shall give notice thereof to the Ecclesiastical position. " Authority of every Diocese of this Church. CANON IV. OF THE ABANDONMENT OF THE COMMUNION OF THIS CHURCH BY A PRESBYTER OR DEACON. Abandon- § 1- If any Presbyter or Deacon shall, without availing himself ment without f the provisions of Canon III. of this Title, abandon the Com- renunciation. . „ , . __ , . , . .. n -i i munion ot this Church, either by an open renunciation of the doc- trine, 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 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 Min- istry by the Minister himself. Notice shall then be given to the said Minister, by the said Bishop receiving the certificate, that unless he shall, within six months after being notified, make declaration that the facts alleged in said certificate are false, he will be deposed from the Ministry of this Church. § 2. And if such declaration be not made within six months as aforesaid, the Bishop shall depose said Minister from the Ministry, and pronounce and record, in the presence of two or more Pres- byters, that he has been so deposed. Provided, nevertheless, that if the Minister so renouncing shall transmit to the Bishop receiving the certificate, a retraction of the acts or declarations constituting his offence, the Bishop may, at his discretion, abstain from any further proceedings. Certificate. Notice. Deposition. Proviso. TITLE III.— Of Discipline. 45 Canon V. CANON V. * — v—' OF A CLERGYMAN ABSENTING HIMSELF FROM HIS DIOCESE. When a Clergyman has been absent from the Diocese to which May be sus- he belongs, during two years, without reasons satisfactory to the P ended - 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 Ministry; which sus- How long, pension 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 III. of this Title. In the case of such suspension as above pro- N ot j ce to be vided for, the Bishop shall give notice thereof to the Ecclesiastical given. Authority of every Diocese of this Church. CANON YI. OF THE ABANDONMENT OF THE COMMUNION OF THE CHURCH BY A BISHOP. If any Bishop, without availing himself of the provisions of Abandon- § 1 of Canon III. of Title II., abandon the Communion of this men * of S om ' mumon by a Church, either by openly renouncing the doctrine, discipline and Bishop, worship of this Church, or by formally uniting himself with any religious body not in communion with the same, the Standing Com- mittee of the Diocese shall make certificate of the fact to the senior Bishop, which certificate 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 senior Bishop Notice to be receiving the certificate, that unless he shall, within six months given, after being notified, make declaration that the facts alleged in said certificate are false, he will be deposed from the Ministry of this Church. 46 TITLE III.— Of Discipline. Canon VI. Deposition. Proviso. And if such declaration be not made within six months as afore- said, the senior Bishop, with the consent of the majority of the House of Bishops, shall depose from the Ministry the Bishop so certified as abandoning, and shall 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 aban- doning, shall transmit to the senior Bishop a retraction of the acts or declarations constituting his offence, the Bishop may, at his dis- cretion, abstain from any further proceedings. CANON VII. Charges in writing. OF THE TRIAL OF A BISHOr. Offences for § 1. Any Bishop of this Church may be presented for trial on which may he c h ar2:es f or the following offences, viz: (1.) Crime or inimoralitv. tried. n . . . (2.) Holding and teaching publicly, or privately and advisedly, any doctrine contrary to that held by the Protestant Episcopal Church in the Confederate States. (3.) Violation of the Constitution or Canons of the General Council. (4.) Violation of the Constitution or Canons of the Diocese to which he belongs. (5.) Any act which involves a breach of his Ordination or Consecration vows. § 2. (1.) The proceedings shall commence by charges in writing; and, except when the charge is holding and teaching doctrine con- trary to that held by this Church, shall be signed by either Five male Communicants of this Church, in good standing, be- longing 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. Action on [2.] Whenever a Bishop of this Church shall have reason to rumours. believe that there are in circulation rumours, reports, or charges affecting his moral or religious character, he may, if he please, acting in conformity with the written advice and consent of any two of his brother Bishops whom he may select, demand of the Presid- TITLE III.— Of Discipline. 47 ing Bishop of the House of Bishops, or if he be the Bishop affected Canon VII. by such rumours, or if he be related to him within the degrees here- ^""""v"""'^ inafter 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 rumours, 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. [3.] Whenever charges are formally made in either of the modes Lay Advocate, 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 prepare such charges themselves, without regard to anv particular form; Charges to , . . , , , „ . , r. t • i be certified, and, in either case, the grounds ot accusation must be set forth with reasonable certainty of time, place and circumstance. § 3. The charges, having been prepared in either of the modes To whom de- first above mentioned, shall then be delivered to the Presiding Uvero(1 - Bishop of this Church, if he be not the accused, nor related to the accused in any degree mentioned hereinafter in this Canon; in either of which cases, the charges shall be delivered to the next Bishop in seniority not so related. ^ 4. A Board for making a preliminary inquiry into charges thus Board of In- preferred, shall be constituted as follows, whenever such Board shall c l uirv ' be necessary, viz : [1.] The Presiding Bishop, or senior Bishop, as the case may be, How consti- to whom such charges are delivered, shall take the list of Deputies to the last General Council 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 depu- tations 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 accused, those three that have the largest number of canonically-resident Presbyters in them shall be accounted adjoining, for the purposes of this Canon; and the sixteen individuals thus selected by lot shall constitute the Board of Inquiry, a majority of whom shall form a quorum for doin»- business. 48 TITLE III.— Of Discipline. Canon VII. [2.] The Presiding Bishop, or next in seniority as the case may **- v— "^ be, immediately after thus selecting by lot the Board of Inquiry, Notice to shall give notice thereof to each member of said Board, and direct him to attend at a time and place designated by him, and organize the Board; and it shall be the duty of each member so to attend. Place of The place must be within the Diocese of the accused. The Pre- Meeting. . -,->. siding Bishop shall, at the same time, send a copy of the charges charges. to the senior Presbyter of those thus selected by lot from the four Dioceses. Organization [3.] On assembling, the Board shall organize by choosing 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, repre- sent the Church, and be the party on the one hand, while the ac- Sittings pri- 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 in readiness to give his advice in all questions submitted to him by the Board. Duty of the [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 Council, the laws of the State in which such investigation or trial is had, so far as they Law of evi- 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 put the accused Bishop upon his trial, they shall direct the Church Advocate to prepare a Presentment, presentment, to be signed by such of the Board as agree thereto; and to that end, shall place in his hands all the charges, together with the testimony that has been laid before the Board. To whom to [5-] The Board shall then direct the Church Advocate to trans- be sent. m ^ t thg Bi s hop from whom they received the charges, the pre- sentment 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. TITLE III.— Of Discipline. 49 [6.] If a majority of the Board present shall be of opinion that Canon VII. there is not sufficient ground to put the accused Bishop upon his v *"" ~v-~"^ trial, in such case, the charges, together with a certificate of the presen t. 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 Bar to future thereafter be had by way of presentment on such charges, except P resen men ■ upon the affidavit of a respectable Communicant of the Church, of Exception. the discovery of new testimony as to the facts charged, and setting forth what such testimony is. [7.] No presentment shall be found in any case, unless the alleged Limitation 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 Conviction have elapsed since its commission, a presentment may be founded }? t a Stato on charges delivered to the Presiding or senior Bishop at any time within one year after such conviction. § 5. [1.] When a presentment has been made by the Board of Notice to ac- Inquiry, or a majority thereof, to the Bishop from whom they re- segment! ^ ceived 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 personally, or by some agent author- ized by him in writing to act for him in the premises, for the pur- pose of selecting the Bishops who shall form the Court for the trial of the said accused Bishop upon the said presentment. He shall And to also give notice to the Church Advocate of the time and place ap- cat e* C pointed for such selection. [2.] At the time and place appointed in the notices, the Bishop Formation of 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 himself, 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 territory of the Confederate States, except the accused and those Bishops who may be related to him either by consan- 7 50 TITLE III.— Of Discipline. drawn. five. Notice Members Court. Time. Place. to of Canon VII. guinity or affinity, in the direct ascending or descending line, or as ^"~^s~—' brother, uncle, or nephew. He shall then cause seven of the said Seven to be names to be drawn. The names so drawn shall be 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 an- other name, and so as to reduce the number to five. If it shall happen that either party shall neglect or refuse to strike, then the Reduced to Bishop who has given the notices shall reduce the number to five, by striking off so many of the last drawn names as will reduce the list to that number. The five Bishops whose names remain, or a majority of them, when assembled, shall constitute the Court for the trial of the accused upon the presentment. [8.] The Court having been thus constituted, the Bishop to whom the presentment was made shall immediately 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 judgment of the Pre- siding or senior Bishop, that reasonable convenience may require the appointment of another location. And the said senior Bishop Certified Co- shall cause the Church Advocate to send certified copies of the said pies " presentment to all the Bishops who constitute the Court. [4.] The Bishop to whom the presentment has been made shall Summons to a l so immediately communicate to the accused the names of the mem- accused, kgj-g f t ]j e (Jourt^ anc i inform him of the time and place appointed for its meeting, and summon him then and there to appear and answer. He or any other Bishop of this Church having charge of a Diocese, shall have power, until the Court assembles, upon the And to wit- application of either the Church Advocate or the accused, to issue nesses. a summons f or witnesses. of § 6. The Bishops who constitute the Court, or a majority 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 : President [!•] They shall elect a President out of their own number, and appoint a Presbyter of the Church as Clerk, and if necessary, another Presbyter as Assistant Clerk; and when thus organized, the Course proceeding, and Clerk. TITLE III.— Of Discipline. 51 President shall direct the Clerk to call the names of the Church Canon VII. Advocate and the accused; and if both appear, he shall then cause v " - ""~v ' the Clerk to read the presentment which was delivered to the Pre- Reading of siding or senior Bishop, whose duty it is hereby made to deliver the P resentment - same to the Court upon its organization. [2.] The accused shall then be called upon by the Court to say Call to plead, 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 Provisos. Court may adjourn from time to time; and Provided also, that the accused shall, at all times during the trial, have liberty to be pres- ent, and in due time and order produce his testimony, and to make his defence. [3.] If the accused neglect or refuse to appear in person, accord- Non-Appear- ing to the notice served on him as aforesaid, except for some reason- ance ' able cause to be allowed by the Court, they shall proceed to pronounce him in contumacy, and notify him that sentence of Contumacy, suspension or degradation will be pronounced against him by the Court at the expiration of three months, unless within that time he Three months' tender himself ready, and accordingly appear to take his trial on the £ race - presentment. But if the accused shall not tender himself before the expiration of the said three months, sentence of suspension or degradation from the Ministry may be pronounced against him by the Court. [4.] The accused being present, and the trial proceeding, it shall Common Law be conducted according to the principles of the Common Law, as ceding. Pr ° the same are generally. administered in the Confederate States; nor • shall any testimony be received 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 records of the Court: "A. B., a witness summoned to testify on the trial of a presentment against Declaration the Right Rev. , a Bishop of the Protestant Episcopal Church in the of witness. Confederate States, now 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!" And if it be necessary to take the testimony of an absent witness Deposition, on a commission, such testimony shall be preceded by a similar 52 TITLE III.— Of Discipline. Canon VII. written declaration of the witness, which shall be filed and trans- ls """~v—" / mitted with his or her deposition 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 apply to the Court if in session, or if not, to any member thereof, who shall Commissary, thereupon appoint a commissary to take the deposition of such wit- ness; 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 interrogatories to be propounded to the witness; whereupon it shall be lawful for the other party, within six days after such notice, to propound Cross-Exami- cross-interrogatories ; and such interrogatories and cross-interroga- nation. tories, 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 On what deposition shall be read at the trial, unless the Court have reason- positions to be a kle assurance that the attendance of the witness cannot be pro- read. cured, or unless both parties shall consent that it may be read. Proviso. Provided, that in any Diocese in which the civil government has authorized the Ecclesiastical Courts thereinto issue summons for witnesses, or to administer an oath, the Court shall act in conformity to such laws. Service of [5.] All notices and papers may be served by a summoner or papers 3 ^ summoners, to be appointed by the Court when the same is in session, or by a member thereof; and the certificate of any such summoner 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 Certificate of the affidavit of such person. The delivery of a written notice or service. 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 and accused respectively. If the person to be served with any notice or paper shall have left the Confederate 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 Confederate States, sixty days before the day on which the appearance, or other act required by the said notice or paper, is to be performed. Accused may [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, TITLE III.— Of Discipline. 53 the Church Advocate may have assistant advocates, to he named by Canon VII. the accusers; but in every case the Court may regulate the number ^~"v~~— -^ of counsel who shall address the Court or examine witnesses. The Church Advocate shall be considered the party on one side, and the _ , . r J Counsel to accused on the other. All counsel must be Communicants of the be Communi- Church. cants - [7.] The Court, having fully heard the allegations and proofs of Opinion of the parties, and deliberately considered the same, after the parties our ' have withdrawn, shall declare respectively, whether, in their opinion, the accused is guilty or not guilty of each particular charge and specifications contained in the presentment, in the order in which they are set forth ; and the accused shall be considered as not guilty of every charge and specification of which he shall not be pro- nounced guilty by a majority of the members of the Court. [8.] The decision of the Court as to all the charges and specifi- Decision, cations 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 decision pronouncing him not guilty of all those charges and specifications of which a majority shall not have pro- nounced 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 pres- ence of the parties, if they shall think proper to attend. [9.] If the accused shall be found guilty of any charge or speci- Accused to fication, 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 accused 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, New trial, or a majority of its members, may, according to a sound discretion, grant him a new trial. 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, Sentence. the sentence of the Court shall then be pronounced, and shall be cither admonition, suspension as defined by the existing Canons of this Church, or degradation, as the offence or offences adjudged to be proved shall seem to deserve. It shall be the duty of the Court, 54 TITLE III.— Of Discipline. Canon VII. whenever sentence has been pronounced, whether it he upon a trial, ^~~y~ ""* or for contumacy, to communicate such sentence to the Ecclesiasti- Sentence to cal Authority of every Diocese of this Church; and it shall be the cated. " duty of such Authority to cause such sentence to be made known to every Clergyman under his jurisdiction. Record. [H-] Every Court shall keep a full record of its proceedings, in- cluding the whole evidence given before it. Should any Court refuse to insert in its record a statement 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 Exceptions, exception in writing, containing a statement of such evidence, de- cision or fact, or referring to or describing such paper, which paper shall also be filed with the exception. All exceptions and papers so filed shall become parts of the record. How kept [12.] Such records shall be kept by the Clerk, and inserted in a an a es ec . j^g^ ^ jj e 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 General Council. Such books and papers shall be open to the inspection of every member of this Church. Lay advisers. P-3.] Every Court, constituted under the authority of this Canon, may be attended by one or more Lay advisers, who shall be Com- municants 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 theo- logical, 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 by a majority of votes. The Court may always, by unanimous con- sent, 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. Presentment § 7. [1.] Any Bishop of this Church may be presented for for erroneous holding; and teaching doctrine inconsistent with that of this Church, doctrine. o ° by any Bishop in communion with this Church, and not under sus- pension or degradation. No Bishop shall be presented in any other mode for this offence ; and it shall not be lawful for two or more TITLE III.— Of Discipline. 55 To whom ad- dressed. Court. Number to convict. persons to unite in any such presentment. The Bishop making Canon VII. such presentment shall appoint a Church Advocate. v *" v"—' [2.] Every presentment for alleged erroneous doctrine shall be signed by the person making it, and shall be addressed to the Bishops of the Protestant Episcopal Church in the Confederate 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 constitute 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. § 8. [1.] If charges be preferred against a Missionary Bishop, Charges who is not a Diocesan, such Missionary Bishop shall be required by a » ai , ns * . ? Ils " \ •/ x i j sion ry Bishop. the Presiding or senior Bishop to name some one of the three Dioceses nearest to his District or Missionary field; and such selec- tion having been made, the proceedings shall then be precisely 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, aud 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 jurisdic- Bishop with- tion, he shall be proceeded against precisely as if he were the ^ J unsdlc - Diocesau of the Diocese in which he has his civil residence. CANON VIII. OF SENTENCES. § 1. Whenever the penalty of suspension shall be inflicted on a Suspension. Bishop, Priest or Deacon in this Church, the sentence shall specify on what terms, or at what time, said penalty shall cease. § 2. [1.] When any Minister is degraded from the Holy Minis- Degradation, try, he is degraded therefrom entirely, aud not from a higher to a lower Order of the same. Deposition, displacing, and all like ex- 56 TITLE III.— Of Discipline. Canon IX. pressions, arc the same as degradation. No degraded Minister shall ^"~"v~~^ be restored to the Ministry. [2.] Whenever a Clergyman shall be degraded, the Bishop who gradation ° *~ pronounces sentence shall, without delay, give notice thereof to every Minister and Vestry in the Diocese. CANON IX. OF THE REMISSION OR MODIFICATION OF JUDICIAL SENTENCES. Remission. The Bishops of this Church, who are entitled to seats in the House of Bishops, may altogether remit and terminate any judicial sentence which may have been imposed, or may hereafter be im- posed, by Bishops acting collectively as a judicial tribunal; or Modification, modify the same so far as to designate a precise period of time, or other specific contingency, on the occurrence of which such sen- tence shall utterly cease, and be of no further force or effect. Provided, that no such remission or modification shall be made except at a meeting of the House of Bishops, during the session of At General some General Council, or at a special meeting of the said Bishops, Council, or w j 1 j c j 1 g^jj j^ conY ened by the Presiding Bishop on the application ing. of any five Bishops; three months' notice, in writing, of the time, place and object of the meeting, being given personally to each Bishop, or left at his usual place of abode. Provided, also, that Majority as- sucn remission or modification be assented to by a number of said sen ting. Bishops not less than a majority of the whole number entitled at the time to seats in the House of Bishops; and provided, that nothing herein shall be construed to repeal or alter Canon VIII. of this Title. CANON X. REGULATIONS RESPECTING THE LAITY. Removal § 1. A Communicant removing from one Parish to another, shall cants. procure from the Rector (if any) of the Parish of his last residence, TITLE III.— Of Discipline. 57 or, if there be no Rector, from one of the Wardens, a certificate Canon X. stating that he or she is a Communicant in good standing; and the y - 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. § 2. As one of the rubrics of this Church requires that every Bishop to be Minister repelling from the Communion shall give an account of the informed, same to the Ordinary, it is hereby provided, that, information of the same 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 receiving com- plaint, the Bishop shall institute an inquiry, as may be directed by inquiry on the Canons of the Diocese in which the event has taken place; and com P laint - the notice, given as above by the Minister, shall be a sufiicient pre- sentation of the party repelled. TITLE IV. OF THE ORGANIZED BODIES AND OFFI- CERS OF THE CHURCH. CANON I. OF THE GENERAL COUNCIL. Special meet- § 1. [1.] The right of calling special meetings of the General Council 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 General Council: Provided, that the summons shall be with the consent, or on the requisition, of a majority of the Bishops, expressed to him in writing. Place. [2.] The place of holding any Special Council shall be that se- lected by the preceding General Council for the meeting of the General Council, unless circumstances shall render a meeting at such a place unsafe; in which case, the Presiding Bishop may appoint some other place. Same Depu- [3.] The Deputies elected to the preceding General Council shall be the Deputies at such Special Council, unless in those cases in which other Deputies shall have been chosen in the mean time by any of the Diocesan Councils, and then such other Deputies shall represent in the Special Council the Church of the Diocese in which they have been chosen. Registrar. § 2. [1.] The journals, files, papers, reports and other docu- ments, which, under Canon V. of Title II., entitled Of Securing an Accurate View of the State of the Church, or in any other man- ner, shall become the property of either House of the General Council of this Church, shall be committed to the keeping of a Presbyter to be elected by the House of Deputies, upon nomination of the House of Bishops, who shall be known as the Registrar of the General Council. His duties. [2.] It shall be the duty of the said Registrar to procure all such ties. TITLE IV.— Of the Organized Bodies and Officers. 59 journals, files, papers, reports and other documents now in exist- Canon I. ence; to arrange, label, file, index and otherwise put in order, and -y—^ 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 General Council may from time to time provide. [3.] It shall be the duty of the said Registrar to procure a Record of proper book of record, and to enter therein a record of the conse- consccratlons - crations of all the Bishops 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 practicable; and to take care for the similar record and authentication of all future consecra- tions in this Church. [4.] The expenses necessary for the purposes contemplated by Expends, this Section shall be provided for by vote of the General Council, and defrayed by the Treasurer of the same. § 3. The Secretary of the House of Deputies, whenever any Notice alteration of the Constitution is proposed, or any other subject sub- ^ Diocesan mitted to the consideration of the several Diocesan Councils, shall give a particular notice thereof to the Ecclesiastical Authority of this Church in every Diocese. § 4. At every triennial meeting of the General Council, a Treasurer, Treasurer shall be chosen, who shall remain in office until the next bl3 duties - stated Council, and until a successor be appointed. It shall be his duty to receive and disburse all moneys collected under the authority of the Council, and of which the collection and disbursement shall not otherwise be regulated; and to invest, from time to time, for the benefit of the Council, such surplus funds as he may have on hand. His account shall be rendered triennially to the Council, 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 ap- Vacancy, pointment to be made by the Ecclesiastical Authority of the Dio- jjjj w d tu bo cese to which he belonged; and the person so appointed shall continue to act until an appointment be made by the Council. § 5. In order that the contingent expenses of the General Council Expenses of may be defrayed, the several Diocesan Councils shall forward to the c ^ nera oun " Treasurer of the General Council, at or before any meeting thereof, two dollars for each Clergyman within such Diocese. 00 TITLE TV. — Of the Organized Bodies and Officers. Canon II. CANON ' II. OF STANDING COMMITTEES. Duties. § 1. In every Diocese there shall be a Standing Committee, to be appointed by the Council thereof, whose duties, except so far as provided for by the Canons of the General Council, may be pre- scribed by the Canons of the respective Dioceses. They shall elect Officers. -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. § 2. In every Diocese where there is a Bishop, the Standing- Council of Committee shall be a Council of Advice to the Bishop. They shall be summoned on the requisition 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. CANON III. OF CONGREGATIONS AND PARISHES. No union WJtereas a question may arise whether a Congregation within another 111 DicT ^ ie Diocese 0I * lin J Bishop, or within any Diocese in which there is cese. 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 a Church-building to which they belong. And no Clergyman, having a Parish or Cure in more than one Diocese, shall have a seat in the Council of any Diocese other than that in which he resides. TITLE V. MISCELLANEOUS PROVISIONS. CANON I. OF REPEALED CANONS. Whenever there shall be a repealing clause in any Canon, and Repeal of the said Canon shall be repealed, such repeal shall not be a re- "P 6 ^ 1 not re " enactment of the Canon or Canons repealed by the said repealing clause. CANON II. OF THE REPEAL, AMENDMENT AND ENACTMENT OF NEW CANONS. In all cases of future enactment, the same, if by way of amend- Form of al- ment of an existing provision, shall be in the following form : tenu S anons. "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 be retained, until a new edition of the Canons be directed. The Committee on Canons of each House of the General Council Changes to shall, at the close of each Session of the General Council, appoint Jj,^ ' ° y two of their number 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. ORDER OP THE SECRETARY OF THE HOUSE OF DEPUTIES. Section I. — A Secretary shall be chosen at every General Council, by ballot, by a majority of the voters, after viva voce nominations. If but one person is nominated, the balloting shall be dispensed with. The Secretary shall continue in office until the meeting of the next General Council, and until his successor is chosen. He shall attend at the time and place appointed for the meeting of the General Council ; shall receive the testimonials of those who shall there attend as mem- bers of the House of Deputies ; shall record the names of those who present testimonials ; and when such list is made, shall take the votes of those named in it for a President. The insertion, by the Secretary, in the list so made by him, of the name of any person who has pre- sented a testimonial of his appointment as a Deputy, shall be prima facie evidence of the right of such person to a seat ; but as soon as the House is duty organized, a Committee on Elections shall be appointed, to whom the testimonials of all those claiming to be members shall be referred. The Secretary shall keep full minutes of the proceedings of the House ; transcribe them with all Reports into a book provided for that purpose ; preserve the Journal and Eecords of the House ; deliver them to hi 3 successor, and perform such other duties as may be directed or assigned to him by the House. He may, with the approbation of the House, appoint an Assistant Secretary. If, during the recess of the General Council, a vacancy should occur in the office of Secretary, the duties thereof shall devolve upon the Assistant Secretary, if there be one ; if not, or if the Assistant Secretary shall die or resign, a Secretary shall be appointed by the Standing Committee of the Diocese in which the next General Council is to meet. Section II. — In order to aid the Secretary in preparing the list speci- fied in the preceding section, it shall be the duty of the Secretary of the Council of every Diocese, to forward to him, as soon as may be prac- ticable, a copy of the Journal of the Diocesan Council, together with a certified copy of the testimonials of members aforesaid.