at his own discretion. If no objection be made, the whole number present shall sit on the trial.

The Bishop shall forthwith give notice to the Standing Committee, of the time and place of the meeting of the court. And the Standing Committee shall act as prosecutors in the case; and at least sixty days before the trial, shall furnish the accused with a copy of the presentment-notice of the time and place of trial-and a specification of the facts on which they expect to maintain the charges. And the accused, at least thirty days before the trial, shall furnish the Standing Committee with a statement of the grounds of his defence, on each specification.

At the time fixed for the trial, the members of the court shall choose a President from their own number, and a Secretary, either from their own number or otherwise, as they shali see fit; and they shall, before they proceed, adopt and declare the rules by which the trial shall be conducted: Provided, however, that no layman shall act as advocate for either party on the trial; though both parties may, at their option, employ or consult legal or other advisers.

If the accused shall neglect or refuse to appear, or to answer to the charges in the manner herein prescribed, the court shall order judgment to be entered against him by default. But if he shall appear, the court shall proceed to a fair and impartial hearing of the whole matter, and shall adjudge him guilty or not guilty, according to the evidence and if guilty, the sentence which, in their opinion, ought to be pronounced.

The Secretary shall keep a record of all the proceedings-containing a copy of the presentment-of the specifications-of the notice to the accused, and of his answer-with a statement of all the evidence, both oral and written-and the final judgment of the court: And an attested copy of this record shall be forthwith delivered to the Bishop. If the judgment be, not guilty, the Bishop shall give a certificate of acquittal to the accused, embracing a copy of the presentment and specifications; and the accused shall not be subjected to a second trial on the same facts. If the court judge him guilty, on one or more points at issue, the Bishop may disapprove the judgment, and order a new trial, stating his grounds for such decision or he may approve the judgment; and in that case he shall, within thirty days, proceed to such ecclesiastical censure, as the case may, in his opinion, require-whether it be admonition, suspension, or degradation from the ministry.

CANON V.-Concerning the manner in which Clergymen are to take charge of Parishes, and their separation from them. (1826.) No clergyman shall take the charge of any parish in this Diocese, without having first obtained the written permission of the Bishop, or in case there be no Bishop, of the Standing Committee of the Diocese. Nor shall any clergyman having the charge of a parish, relinquish the

same without the written permission of the Bishop, or if there be no Bishop, of the Standing Committee. And every violation of this Canon shall constitute an offence for which a clergyman may be tried under the canon of 1825, providing for the trial of clergymen. CANON VI.-Providing for the preservation of the records of the Standing Committee. (1826.)

It shall be the duty of the Secretary of the Standing Committee, to prepare an abstract of their proceedings, from year to year, and present the same to the Convention at its annual meeting. The abstract shall specify the time and place of each meeting of the committee, during the year-the number present-the names of the candidates presented for admission, with the decision of the committee in each case-and the substance of all other matters which shall be brought before them, and such abstract shall be entered on the journals of the Convention, and published therewith.

CANON VII.-Concerning collections for the Society for the Promotion of Christian Knowledge.

It shall be the duty of the Rector and Wardens, or of the Wardens where there is no Rector, of every parish in the Diocese, to make an annual collection for the benefit of the Society for the Promotion of Christian Knowledge.

CANON VIII.-For the regulation and maintenance of Cures. (1828.)

It shall be the duty of the Convention, from time to time, to examine and declare the limits of the several cures within the Dioceseand in the settlement and maintenance of clergymen, the several parishes shall steadily adhere to such arrangement, except in cases of imperious necessity, and with the advice and consent of the ecclesias tical authority.—And any parish refusing to acquiesce in such arrangement, shall, while such refusal continues, be thereby excluded from representation in the Convention. And further, no clergyman of this Diocese shall accept a settlement in any of the Parishes in this State which may refuse to acquiesce in the arrangement of the Convention as to cures, unless for special causes, it may seem good to the ecclesiastical authority of the diocese to dispense with the provisions of this canon.

CANON IX.-Concerning Annual Parish Meetings. (1830.)

There shall be an annual meeting of the parishioners of every parish in this Diocese, on Easter Monday, or on some other day legally appointed, for the purpose of electing the Wardens and Vestry, and of transacting such other business as may come before said meeting which Wardens and Vestry shall constitute the Society's Committee, agreeably to the provisions of the Statute.

::

CANONS

PASSED IN GENERAL CONVENTION IN 1829.

1041

CANON I.

Of those who have officiated as Ministers among other denominations of Christians, and apply for orders in this Church.

a

SEC. 1. When a person who has been acknowledged as an ordained Minister among any other denomination of Christians, shall apply for orders in this Church, the Bishop to whom application is made, being satisfied, on examination according to the Canons, that he is man of piety and unexceptionable character, that he holds the doctrines of the Church, and that he possesses all the literary and other qualifications required, and being furnished with testimonials from the Standing Committee duly convened, may ordain him as soon as is convenient. And the Standing Committee may receive testimonials of his piety, good morals, and orderly conduct, from twelve members of the denomination from which he came: provided the members of the Committee have such confidence in the persons thus testifying, as to satisfy them of the correctness of the testimony; and also a testimonial to the same effect from at least one Clergyman of the Protestant Episcopal Church. In all such cases the standing Committee may insert in their testimonials the words, we believe him to be sincerely attached to the doctrines and discipline of the Protestant Episcopal Church," instead of the words, "and hath not written, taught, or held, any thing contrary to the doctrine or discipline of the Protestant Episcopal Church."

SEC. 2. When any person, not a citizen of the United States, who has been acknowledged as an ordained Minister among any other denomination of Christians, shall apply 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 United States previous to his application. The XVIIth Canon of 1808, and the IVth and Vth of 1820, are hereby repealed.

CANON II.

Offences for which Ministers shall be tried and punished.

If any Minister of this Church shall be accused, by public rumor, of discontinuing all exercise of the ministerial office without lawful

cause, or of living in the habitual disuse of public worship, or of the Holy Eucharist, according to the offices of this Church, or of being guilty of scandalous, disorderly or immoral conduct, or of violating the Canons, or preaching or inculcating heretical doctrine, it shall be the duty of the Bishop, or ecclesiastical authority, to see that an inquiry be instituted as to the truth of such public rumor. And in case of the individual being proceeded against and convicted, according to such rules or process as may be provided by the Conventions of the respective Dioceses, he shall be admonished, suspended, or degraded, as the nature of the case may require.

The XXVIth Canon of 1808, is hereby repealed.

CANON III.

To govern in case of a Minister declaring that he will no longer be a Minister of this Church.

If any Minister of this Church, against whom there is no ecclesiastical proceeding instituted, shall declare to the Bishop of the Dioces to which he belongs, or to any ecclesiastical authority for the trial o Clergymen, or, where there is no Bishop, to the Standing Committee, his renunciation of the ministry, and his design not to officiate in future, in any of the offices thereof, it shall be the duty of the Bishop, or where there is no Bishop, of the Standing Committee, to record the declaration so made. And it shall be the duty of the Bishop to displace him from the ministry, and to pronounce and record, in the presence of two or three Clergymen, that the person so declaring has been displaced from the ministry of this Church. In any Diocese in which there is no Bishop, the same sentence may be pronounced by the Bishop of any other Diocese, invited by the Standing Committee to attend for that purpose. In the case of displacing from the ministry, as above provided for, it shall be the duty of the Bishop to give notice thereof to every Bishop of this Church, and to the Standing Committee in every Diocese wherein there is no Bishop. And in case of a person making the above declaration for causes not affecting his moral standing, the same shall be declared.

The VIIth Canon of 1820 is hereby repealed.

CANON IV.

Concerning Ministers removing from one Diocese or State to another.

SEC. 1. No Minister removing from one Diocese to another, or coming from any State or district which may not have acceded to the Constitution of this Church, shall be received as a stated officiating Minister by any congregation of this Church, until he shall have presented to the Vestry thereof a certificate from the Bishop or ecclesias

tical authority of the Diocese or State to which he is about to remove, that he has produced satisfactory testimonials that he has not been justly liable to evil report, for error in religion, or viciousness of life, during the three years last past; or in case the party has been subjected to proceedings, or to inquiry, in consequence of any charges subjecting him to censure, the fact of acquittal or exoneration from such charges may be stated in lieu of testimonials in the preceding terms; which testimonials or statement shall be signed by the Bishop or Bishops, or where there is no Bishop, by the majority of the clerical members of the Standing Committee or Committees of the Diocese or Dioceses wherein he has resided; which Committee or Committees shall, in all cases, be duly convened: or in case he comes from a State or district not in connexion with this Church, and having no Convention, by three Clergymen of this Church. Nor shall any Minister, so removing, be acknowledged by any Bishop or Convention, as a Minister of the Church to which he removes, until he shall have produced the aforesaid testimonial.

Sec. 2. Every Minister shall be amenable for any offences committed by him, to the ecclesiastical authority of the Diocese in which he is canonically resident, at the time of the charge. The XXXIst Canon of 1808 is hereby repealed.

CANON V.

Of Assistant Bishops.

When the Bishop of a Diocese is unable, by reason of old age, or other permanent cause of infirmity, to discharge his Episcopal duties, one Assistant Bishop may be elected by and for the said Diocese, who shall, in all cases, succeed the Bishop, in case of surviving him. The Assistant Bishop shall perform such Episcopal duties, and exercise such Episcopal authority in the Diocese, as the Bishop shall assign to him; and in case of the Bishop's inability to assign such duties, declared by the Convention 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 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.

CANON VI.

Respecting Churches in which Divine Service is celebrated in a Foreign Language.

When a Clergyman coming from a foreign country, and professing to be regularly ordained, shall be called to a church of this communion, in which divine service is celebrated in a foreign language, he may,