Every Priest having a Cure of Souls shall provide that, in the absence of reasonable hindrance, Morning Prayer and Evening Prayer shall be said daily in the Church, or one of the Churches, of which he is the Minister.
Except for some reasonable cause approved by the Bishop of that Diocese or other such jurisdiction, every Priest having a Cure of Souls shall celebrate, or cause to be celebrated, the Holy Communion on all Sundays and other greater Feast Days and on Ash Wednesday, and shall administer the Sacraments and other Rites prescribed in and by the Book of Common Prayer, diligently, as occasion may require.
Every Priest having a Cure of Souls, except for some reasonable cause approved by the Bishop thereof, shall preach, or cause to be preached a sermon in his Church at least once each Sunday.
He shall instruct the children, or cause them to be instructed, in the Christian Faith; and, where it is allowed by the civil law, he shall teach in the schools of his Cure.
He shall carefully prepare, or cause to be prepared, all such as desire to be confirmed and, if satisfied of their fitness, shall present them to the Bishop thereof for Confirmation.
Every such Priest shall be diligent in visiting his parishioners or those of his Cure, particularly those who are sick and infirm and, so far as he can, those who are whole; and he shall provide opportunities whereby any of his parishioners as aforesaid may resort unto him for spiritual counsel and advice.
Every such Priest shall also use his best endeavors to ensure that he be speedily informed whensoever a person of his Cure is sick or in danger of death, and shall as soon as possible resort unto him or her to exhort, instruct, and comfort him or her in his or her distress according to The Order for the Visitation of the Sick(1) or The Ministry to the Sick and The Communion of the Sick or as such Priest shall think most needful and convenient. Particularly shall such Priest move the sick person to make a special confession of his or her sins, if he feels his or her conscience troubled with any matter, to receive the Laying on of Hands of the Sick or the Unction or Anointing of the Sick, or both, if he or she desires such ministry or healing and as his or her condition permits, and to receive the most comfortable Sacrament or the Body and Blood of Christ, either by celebration in the sick person's house or room as the case may be, or by the Administration of the Holy Communion from the Reserved Sacrament.
Such Priest shall also be bound to prepare and assist the dying of his Cure in order that they make a good and Christian death, and, of the dying, he shall not then slack is his last duty of the administration of the last rites in extremis of Holy Church and of the Commendation of the Soul, if circumstances may so permit, at the point of Departure.
If at any time he shall be unable to discharge his duties whether from non-residence or some other cause, he shall diligently endeavor to provide for his Cure to be supplied by a Priest licensed or otherwise approved by the Ordinary of that Diocese or other such jurisdiction.
(a) Of the Necessity of Prior License or Faculty for Solemn Exorcism.
No Priest or Priests of this Church shall in any wise attempt, upon any pretense or pretext whatsoever, to perform, by fasting and prayer, the solemn exorcism of diabolical or demonic possession, whether it be partial possession or complete and total possession, or obsession of persons or to cast out or adjure or to perform any act of driving out or adjuring, or warding off, demons or evil spirits or forces from persons, places, or things that are, or things that are, or are believed to be, possessed or infested by them or are liable to become victims or instruments of their malice, save and unless such Priest or Priests shall have first consulted with the Bishop Ordinary of that Diocese or other such jurisdiction concerned and shall have received from him, under Hand and Seal Episcopal, the special and express written License or Faculty for such special ministry, and that he or they follow such Bishop's direction without deviation therein and therefor, under pain of suspension a divinis for the first fault, of excommunication for the second, and of deposition from the Ministry for the third.
(b) Of Rites and Ceremonies for Solemn Exorcism.
Neither shall any such Priest or Priests use any rite or ceremony, especially of his or their own devising or composition, for such special ministry save only that which shall be set forth and specifically provided therefor by lawful authority of the College of Bishops of this Church or of that Province concerned, or both.
(c) Of No Exceptions Allowed.
No pleading of general mission received by Ordination to the Priesthood whatsoever shall be allowed or permitted to be advanced as sufficient excuse for not complying with the provisions of this Section.
(d) Of the Canonical Office of Exorcist.
The Bishops Ordinary of this Church may appoint, to serve at their pleasure, exorcists for their respective jurisdictions in conformity with provisions of this Section.
Such exorcists must be at least in Priest's Orders. They are to be men of mature age, of proven good judgement, of undoubting and unquestioning faith and integrity, living a devout, holy, and pious and disciplined Christian life, of irrefutable good character, be a regular penitent, and distinguished for prudence and integrity of life.
Such Bishops must ensure that any exorcist they may so appoint be fully trained in the duties, dangers, responsibilities, and work of this special ministry as well as thoroughly instructed and knowledgeable in all matters pertaining to exorcism. Such priests so appointed are to be learned in Sacred Theology and Canon Law, and above all, have an abiding, lively, and sure faith in the victory of Our Lord Jesus Christ over Satan, sin, and the world.
(e) Of Simple Exorcism.
The provisions of this Section shall not apply to those Ministers in cases of exorcism of catechumens, or those exorcisms which may occur in the administration of Holy Baptism, or those simple exorcisms of water, salt, or oil or in various similar blessings or consecrations, and no special power is needed beyond that of Orders and having been duly commissioned or appointed to perform such rites as aforesaid.
It shall be the duty of every Bishop, Priest, and Deacon of this Church to say, either by himself or with others, the Office of daily Morning Prayer and of daily Evening Prayer, unless for just cause prevented, and whenever possible, in such a manner that the congregation may pray with him, in the Church or otherwise.
It shall be the duty of every Bishop and Priest of this Church to celebrate, assist in, or participate in the Celebration of the Holy Communion on every Sunday and other day for which a Collect, Epistle, and Gospel are provided in the Book of Common Prayer for the Celebration of that Sacrament; and it shall be the duty of every Deacon of this Church, under the direction of the celebrant, to assist the Priest at the time of administration of that Sacrament on every Sunday and such aforesaid day, according to the Office of his Ministry.
Any and all Ornaments of the Church, and the Ornaments and Vestments of all the Clergy thereof, at all times of their Ministrations, and of the minor orders and lay functionaries in assisting thereat, as have been permitted by the laws applicable to the Church of England at any time since the commencement of the reign of Edward VI, shall be retained and be permitted in use in this Church.
Whereas, in accordance with the Second Exhortation attached to the Order of Holy Communion in the Book of Common Prayer, it is requisite that any with a troubled conscience shall resort to some discreet and learned Priest, that by the ministry of God's holy Word he may receive the benefit of Absolution, together with spiritual counsel and advice; such Ministry shall be exercised in any Diocese or other such jurisdiction of this Church only by Priests who have been in Orders not less than two years from their admission to the Priesthood, and possess the authority of the Bishop Ordinary of that jurisdiction either by virtue of the Office to which such Priests have been instituted and inducted, or licensed, as the case may be, or otherwise holding that Bishop's written Faculty.
No Priest of this Church shall suffer any person to resort to him to confess any secret or hidden sin and to receive the benefit of Absolution from him or shall exercise such Ministry in any place except he have the permission of the Clergyman having the Cure of Souls therein and the charge thereof, save by Office as set forth in Section 5.01 above of this Canon and Section 10.08, of Canon 10, of Title XII below of these Canons, or save with the express authority by written instrument of the Bishop having Ordinary Jurisdiction in that place concerned.
Therefore, it is the special duty of such Bishops Ordinary to instruct, or cause to be instructed, those Priests whom they choose to grant such concession to exercise such ministry of reconciliation, committed by Christ to his Church, within their respective jurisdictions on the knowledge and matters which Confessors must and ought to know, and, except for good cause prevented, that such Bishops Ordinary do not grant such License or Faculty aforesaid to any Priest except he first be found qualified and fit to exercise such ministry by means of an examination, or his qualifications and fitness are evident from another source or have been otherwise ascertained. It is hereby noted that such qualifications and fitness needed for such approbation by such Bishop shall include not only the knowledge of theology, but also qualities of morality, prudence, and piety.
All Bishops Ordinary aforesaid are hereby straightly charged, as a grave obligation of conscience, that they are to admonish and canonically warn their subject Confessors, and to explicitly teach such, that they do not mention matters of confession or such sacramental matter under any form or pretext whatsoever, not even merely In passing, directly or indirectly, In private conversations or in sermons, particularly in missions or retreats. In the examinations as aforesaid of Confessors previous to the concession of such Faculties and Licenses aforesaid, special attention should be given to these points.
It is appropriate that such aforesaid Bishops provide instruction be given to their Priests at the times of Clergy Conferences or in public or private addresses or charges thereto as set forth in Section 5.08, of Canon 5, of Title VI above of these Canons.
(a) Canonical Dispensation from the Usual Time of Experience Normally Required.
Whereas the People of certain Cures might be otherwise deprived of the benefit of Absolution, the Bishop of that jurisdiction may dispense any Priest by written Faculty, to be granted only for serious pastoral needs, from the requirement that he be in Priest's Orders for the space of not less than two years, during which time he shall receive spiritual direction and pastoral training under an experienced confessor.
(b) Dispensation from the Necessity of Faculties in periculo mortis .
Notwithstanding anything hereinbefore contained in the previous Sections of this Canon, any Priest may exercise this ministry anywhere in respect of any person or persons who may be in present danger of death, or if there be some other urgent or weighty cause.
And concerning the dying, the ancient Canonical Law is still to be kept and maintained, that if anyone be at the point of death, the Priest shall not deprive him, if he be penitent, of either the last and most indispensable Absolution from all sins, excommunications, and censures, or thereafter of the most holy Viaticum. And any Priest may absolve the dying even from Sins Reserved.
(c) Canonical Dispensation from the Need of Consent from the Priest Having Jurisdiction to Hear Confessions.
Notwithstanding anything hereinbefore contained in the previous Sections of this Canon, any Priest who has the aforesaid express canonical authority to exercise such ministry as set forth in Section 5.01 above of this Canon, and who has by institution or admission, the Charge of any Parish, Congregation, Mission, or other such Cure within this Church and the Cure of Souls therein, may exercise this ministry in any Diocese or other such jurisdiction of this Church or in any place and at any time in respect of any person belonging to such aforesaid Priest's Cure and canonically resident therein, being subject to such Priest's Spiritual Jurisdiction, when such person desirous of being shriven reasonably so requests such Priest to hear his or her confession.
(a) If any person confess his secret and hidden sin to a Bishop or Priest for the unburdening of his or her conscience or for the opening of his or her grief and disclosing or revealing the wounds of his or her sin, and to receive spiritual consolation and advice, and ease of mind and the remedy and benefit of Absolution from him, or for any of these foregoing reasons: such Bishop or Priest Is hereby straightly charged and admonished that he do not at any time reveal and make known to any person whatsoever any sin, crime, offence, grief, or matter so committed to his trust and secrecy, such Bishop or Priest so revealing or making known or betraying or identifying the sinner in any manner or fashion or for any reason, whether by word, writing, or sign, directly or indirectly, openly or covertly. or in any other way manner, or means, being excommunicated ipso facto upon commission of such offence and likewise being subject to deposition and deprivation from his Office necessarily made and such deprivation, deposition, and excommunication strictly Reserved to the Primate of the Church, or until there is a Primate, the Metropolitan himself of that Province concerned.
(b) Neither shall any such Bishop or Priest aforesaid make use of any matter or knowledge gained in or acquired through or otherwise disclosed unto him in the exercise of such ministry to the offence, detriment, harm, or advantage of the person from whom he has received it, even if there be no danger of betraying the identity of such person aforementioned, nor shall any such Bishop or Priest, who is in a position of authority in any place, make use of any such matter or knowledge thus gained or acquired as aforesaid in the exercise of his authority, either directly or Indirectly, whether said exercise of authority be in either the external forum, or the internal forum, or both, such use being wholly forbidden, save within the Tribunal of Penance when such Bishop or Priest be either the Confessor or the Penitentiary, or both, to that person concerned or in such causes, cases, or matters of sins Reserved as set forth in Section 5.05 below of this Canon, said Bishop or Priest remaining under the usual and absolute Seal, under pain of excommunication, deposition, and deprivation as aforesaid.
(c) The solemn obligation and duty of preserving the Seal of Confession devolves upon and binds all who, by lawful or unlawful means, have acquired knowledge or come to a knowledge of any matter, directly or indirectly, advertently or inadvertently, or in any other way, of that which falls under the usual and absolute seal. Therefore, in addition to such Bishop or Priest as aforesaid above, the following are likewise bound by the Seal of Confession:
(1) those to whom matter protected by the Seal is revealed;
(2) those who overhear a confession;
(3) those who read written material protected by the Seal.
(4) those who write our another's confession during the actual confession; and
(5) those who act as Interpreters during the actual confession.
If any of them so rashly do violate the Seal as aforesaid, they shall be punished with wholesome penalties, according to the seriousness of their offence, the pain of greater excommunication not being excluded.
(d) The solemn obligation of the Seal of the Confession to silence on the part of those whom such obligation devolves does not terminate upon or with the death of the penitent so concerned, but likewise is perpetually binding upon all those to whom such obligation has devolved, with the appropriate penalties as aforesaid.
(e) If anyone shall attempt to coerce, threaten, or constrain any such Bishop or Priest or person named in the preceding Subsections above of this Section to violate the Seal of Confession in any manner, such person so making such an attempt shall be excommunicated ipso facto and, if such person be in any Holy Order, subject to deprivation and deposition as aforesaid above necessarily made and such excommunication, deprivation, and deposition strictly Reserved to the Primate of this Church or, until there be a Primate, the Metropolitan of that Province concerned.
Absolution of Sins which are Reserved by the Law of the Church is to be granted by the Metropolitan or Bishop to whose jurisdiction it appertains, either by himself in person or by the Priest Confessor to whom he delegates his Authority by special Faculty for that specific case. Any Sin so Reserved shall be reported to the Metropolitan or Bishop aforesaid by the Priest Confessor to whom the original Confession was made, such Report to be made by the Priest to the said Metropolitan or Bishop either in person or by sealed letters, in neither case mentioning nor suggesting the name or identity of the penitent party concerned, but giving the pertinent facts of the case, both the Priest and Prelate aforesaid remaining under the usual and absolute Seal, under pain of deposition, deprivation, and excommunication as aforesaid.
If any Confessor in this Church should stand in need of wiser counsel concerning a matter heard during a confession made to God before him, especially of a difficult nature, let him ask the penitent party concerned for permission to seek it, and if such person shall expressly, knowingly, and freely give such permission, the said Confessor may consult a theologian or another such expert or counsel, either in person or by sealed letters, in neither case mentioning nor suggesting the name or identity of the penitent party concerned, or in any way indicating the person, but giving the pertinent facts of the case, both the Confessor and the aforesaid consultant remaining under the usual and absolute Seal, under pain of deposition, deprivation, and excommunication as aforesaid.
No Priest so licensed by Faculty or by virtue of such Office as set forth in Section 5.01 above of this Canon may unreasonably or frequently, or both, refuse his solemn pastoral duty and moral obligation to hear the Confessions of the People committed in Christ's Name to his Cure and Charge as the latter may reasonably request so to be heard.
To this end, therefore, such Priest shall, unless for good cause prevented, provide that opportunity be given to those entrusted to his Cure and Charge aforesaid to avail themselves individually of this ministry in order that they may be shriven on days and hours set for their convenience.
And it is herein stated that such opportunity as aforesaid shall be given especially during Advent and Lent and before and throughout the Greater Feasts of the Church: Christmas, Easter, and Pentecost.
The solemn obligation of the Seal of Confession and the obligation to observe the provisions of this Canon, as well as the obligation to keep confidential any other communication recognized as privileged by the Canon Law or the Moral Teaching, or both, of this Church, are binding upon all members of this Church without exception, whether they be of the Clerical State and Order or of the Lay State and Order, and said obligations are not and shall not be affected in any way by any contrary disposition of the Law in, of, or by any Civil Jurisdiction wherein communications to an Ordained Minister of God's Word and sacraments, whether sacramental or non- sacramental or extra-sacramental, are not considered privileged at Law.
(a) of Public Penance or Poenitentia Publica.
(reserved.)
(b) Of Canonical Penance or Poenitentia Canonica.
(reserved.)
(c) Of solemn Penance or Poenitentia Solemnis.
(reserved.)
Every Bishop, Priest, and Deacon of this Church is under obligation to spend some time daily in prayer and intercession; to examine his conscience at regular intervals; and to be diligent in the study of the Holy Scriptures and the ancient Fathers of the Church, and in such other studies as pertain to his ministerial duties.
No Bishop, Priest, or Deacon shall give himself to such occupations, habits, or recreations as do not befit his sacred calling, or may be detrimental to the performance of the duties of his Office, or tend to be a just cause of offence to others; neither shall he resort to or frequent any place not befitting his sacred calling, except for the purpose of performing the duties of his Office. In particular, he shall not contract a marriage, or do or suffer any act or thing, which would be violative of order or discipline, or which, if he were a candidate for Holy Orders, prevent him from being admitted thereto. But at all times he shall be diligent to frame and) fashion his life according to the Doctrine of Christ, and to make himself, as much as in him lies, a wholesome example and pattern to the flock of Christ.
No Bishop, Priest, or Deacon shall accept or undertake any office, work, or duty which is incompatible with his sacred calling or detrimental to the performance of the duties of the ecclesiastical office to which he is appointed except as elsewhere provided in these Canons.
Every Bishop, Priest, or Deacon of this Church shall wear such apparel as shall be suitable to his sacred Office and Ministry, and which shall indicate his holy calling and vocation both to those committed to his spiritual charge and to the public, except for some urgent cause wherein he charge his conscience, or for the purpose of innocent recreation or employment.
The right to nominate and appoint to all vacant Cures of Souls within or of a Diocese, Missionary Diocese, Missionary District, or other such jurisdiction of or otherwise subject to the authority of this Church shall rest with and be vested in the Bishop Ordinary thereof, except places Exempt by law or custom or where other provision is made in these Canons.
The right to elect and call a Priest as Rector or Incumbent to a vacant incumbency or benefice as set forth in Section 1.03 of Canon 1 of Title XVII of these Canons within or of a Diocese, Missionary Diocese, Missionary District, or other such jurisdiction of or otherwise subject to the authority of this Church shall rest with and be vested in the Parish, Congregation, Mission, or other such Cure concerned or its Churchwardens and vestry or its Trustees or other such authority duly authorized to elect a Rector or Incumbent or whomever may be authorized to act in the premises, as may be applicable in that instance, subject to the authority of the Bishop Ordinary of the jurisdiction concerned as provided in this Canon and elsewhere in the Constitution of this Church or these Canons.
(a) When the benefice or incumbency of any Cure of Souls within or subject to the authority of the Bishop Ordinary of that jurisdiction concerned shall become vacant by either the death of that Rector or Incumbent concerned or in such cases wherein the concurrence of that Cure to the resignation of any Rector or incumbent thereof is required as provided in Section 12.01 of Canon 12 below of this Title, that fact or circumstance, as the case may be, shall be duly certified to that Bishop Ordinary concerned by the appropriate authorities or Officers of that Cure aforesaid.
(b) Also, the Bishop Ordinary of that jurisdiction concerned shall give written notice both to the Priest concerned and to that Cure within thirty (30) days that he either accepts such resignation as provided in Section 12.01 of Canon 12 below of this Title or that he declines such resignation. If said Bishop Ordinary accepts such resignation, that Cure concerned shall become vacant upon the conditions or terms so stipulated therein or as otherwise directed by that Bishop Ordinary.
Upon a vacancy occurring within any incumbency or benefice or other such Cure within or subject to the authority of a Bishop ordinary of that jurisdiction as aforesaid in Section 9.01 above of this Canon, such Bishop Ordinary shall nominate, within reasonable time to prevent undue delay, and forward the names of four (4 or more Priests, wherein he may take into consideration the names of any Priests advanced to him for consideration by that vacant Cure concerned, to that vacant Cure aforesaid as Candidates for the Office of Rector or Incumbent, as the case may be, of that benefice or incumbency of that Parish, Congregation, or other such Cure concerned and for the consideration by such vacant Cure for election and call thereto by that Parish, Congregation, or other such Cure or its Churchwardens or Vestry or its Trustees or other such authority duly authorized to elect a Rector or Incumbent or whomever may be authorized to act in the premises, as may be applicable in that instance.
If a name so advanced for his consideration by the Vestry or other such authority aforesaid is acceptable to the Bishop Ordinary concerned, that Bishop Ordinary may, in that instance, nominate that name alone.
Upon the election and call of one of the Priests whose names were forwarded to that Cure for its consideration by the Bishop Ordinary as aforesaid in Section 9.04 above of this Canon to be either the Rector or Incumbent of that vacant Cure concerned, such proper electoral authority of that Cure shall duly certify such election and call to the Bishop Ordinary concerned.
The Bishop Ordinary of that jurisdiction concerned, upon then receiving the written consent of that Priest so elected and called, shall determine and be satisfied that all other canonical requirements applicable or may be necessary in each case have been completed and that no constitutional or canonical impediments exist or provisions applicable are present or have obtained on the account of which such election ought not be confirmed by that Bishop Ordinary.
Having so determined and being thus satisfied as to the validity of said election and call, such Bishop Ordinary shall issue his written confirmation of the same and take order for that Priest's institution and induction.
If the electoral authority as aforesaid in Sections 9.02 and 9.05 respectively, above of this Canon should fail to act or to elect within three (3) months any of the names of the Candidates nominated and forwarded to such electoral authority by the Bishop Ordinary aforesaid or such electoral authority responds negatively to such names aforesaid, said Bishop Ordinary shall have the right to appoint and admit by his license to that vacant Cure concerned a Priest-in-Charge of his own choosing who shall have the Charge thereof and the Cure of Souls therein without tenure and be the locum tenens thereof until such time as there be mutual resolution of such vacancy in that incumbency or benefice concerned between that Bishop Ordinary and the electoral authority of that vacant Cure concerned.
Such Priest-In-Charge as aforesaid shall be entitled to call upon normal financial support from that Cure concerned until such time as that mutual resolution aforesaid be reached and concluded.
Said Bishop Ordinary may likewise forward the names of other Priests for the consideration of the electoral authority of that vacant Cure concerned.
The right to elect the Rector or Incumbent to the vacant incumbency or benefice of a dependent Congregation or Mission as set forth in Section 1.04 of Canon 1 of Title XVIII of these Canons or in other such Cures within or of a Diocese, Missionary Diocese, Missionary District, or other such jurisdiction of or otherwise subject to the authority of this Church shall rest with and be vested in the Bishop Ordinary thereof upon any failure to elect and call a Priest as set forth in Sections 9.04 and 9.05 respectively above of this Canon.
Where the vacancy is that of a Priest-in-Charge, the right of election rest solely with and is vested in that Bishop Ordinary concerned who shall admit such by his license.
(a) Must be in Priest's Orders.
No person shall be admitted by license or otherwise to be in Charge of any Cure of Souls in this Church or shall be instituted to any incumbency or benefice as either the Rector or Incumbent thereof and therein before such time as he shall be ordained Priest in accordance with the provisions of Section 1.01 of Canon 1 of Title XI of these Canons.
(b) Must Have Sufficient Testimony of Good Life.
No Bishop Ordinary of this Church shall admit by license or otherwise any Priest to be in Charge of any Cure of Souls in this Church or shall institute any Priest into any incumbency or benefice as either the Rector or Incumbent thereof and therein, not being canonically resident in his jurisdiction, who has been ordained by or for any other Bishop Ordinary not of his jurisdiction, or who comes from another Diocese or other such jurisdiction of this Church or of a Church in which this Church is in formal or canonical Communion, except such Priest first show unto that Bishop Ordinary concerned his Letters of Orders or other such canonical documents, and bring him testimony, in Letters Dimissory, from the Bishop Ordinary of the jurisdiction of whence he has come, of his honesty, ability, and conformity to the Doctrine, Discipline, and Worship of this Church, if such be applicable, together with letters testimonial of his former good life, conversation, and behaviour, if that Bishop Ordinary concerned aforesaid shall require it, from three Priests who either have the Charge of a Cure of Souls or are beneficed in the jurisdiction of whence such Priest has come, countersigned by the Bishop Ordinary of the same; and, lastly, such Priest aforesaid shall appear on due examination to be of sufficient learning, especially if such Priest had been dispensed under the provisions of Section 10.05 of Canon 10 of Title XI of these Canons or some other similar provision.
(c) Of Grounds for Refusal.
A Bishop Ordinary of this Church may refuse to admit any Priest to the Charge of a Cure of Souls or to institute any Priest into any incumbency or benefice as Rector or Incumbent therein and thereof
(1) if, at the date of proposed appointment, the said Priest has been less the two (2) years complete in Priest's Orders, unless he be dispensed therefrom by that Bishop Ordinary, or
(2) on the ground that the said Priest is unfit for the discharge of the duties of a benefice or an incumbency or Cure of Souls by reason of physical or mental infirmity or incapacity or advanced age, pecuniary embarrassment of a serious character, grave misconduct or neglect of duty in an ecclesiastical office, evil life, having by his conduct caused grave scandal concerning his moral character since his ordination, or having, with reference to the appointment, been knowingly party or privy to any transaction or agreement of a simoniacal nature as set forth in Canon 4 of Title XI of these Canons, or
(3) on the ground that after due examination and enquiry, that Bishop Ordinary be not satisfied that the said Priest is duly qualified in either the sufficiency of character or attainments, or both, to minister in that place concerned or that such Appointment, in that Bishop's considered opinion, would not be pastorally advisable or in the best interests of the Church, or both.
Before making any Appointment of a Rector or Incumbent to a Parish, Congregation, or other such Cure as set forth in Section 1.03 of Canon 1 of Title XVII of these Canons, the Bishop Ordinary of that jurisdiction concerned shall secure evidence satisfactory to himself that such Parish, Congregation, or other such Cure concerned is able and willing to provide the necessary stipend and allowances as set forth in Canon 12 of Title XXI of these Canons in addition to meeting its other regular financial obligations.
As to any Congregation, Mission, or other such Cure as set forth in Section 1.04 of Canon 1 of Title XVII of these Canons, said Bishop Ordinary shall only need to be satisfied that such a Cure aforesaid shall be able to meet its financial commitments made to any such proposed Rector or Incumbent or Priest-in-Charge, as the case may be, in addition to meeting its other regular financial obligations.
No Bishop Ordinary shall institute any Priest into the incumbency or benefice of any Parish, Congregation, Mission, or other such Cure as Rector or Incumbent thereof and therein within or otherwise subject to his jurisdiction until the expiration of one (1) month after due notice, in the prescribed manner, that he proposes to institute such Priest therein has been served on the Churchwardens of that Cure concerned; which notice shall be published by the Churchwardens in the manner prescribed for notices of Parish Meetings in that place concerned.
After the expiration of one (1) month from the serving of such notice on the Churchwardens as aforesaid, the Bishop Ordinary concerned shall, as speedy as may be, proceed to the Institution of the Priest into the incumbency or benefice concerned.
The Bishop Ordinary of each Diocese, Missionary Diocese, Missionary District, or other such jurisdiction of this Church, when he gives Institution, shall use the Form provided for that Service in either the 1928 American or 1962 Canadian editions of The Book of Common Prayer, unless provision otherwise is made in accordance with the Constitution of this Church
The form of the Letter of Institution to be used In this Church shall be that set forth on page 569 of the 1928 American edition of The Book of Common Prayer and none of the paragraphs thereof shall be deleted or omitted therefrom as given.
Every Bishop Ordinary shall endeavour to take the Service of Institution himself in the Church of the benefice or incumbency concerned, but if he for some grave or urgent cause be unable to give Institution himself, he shall delegate authority to do so by Letters Mandatory to the Archdeacon, Rural or Regional Dean, or some other such commissary of that jurisdiction concerned in Holy Orders to give the same on his behalf and in his name, and in his place and stead.
Said Bishop Ordinary, or his deputy aforesaid who shall be the Institutor in his place and stead, when he gives Institution in such Service aforesaid, shall read aloud to all the Words of Institution from the written Instrument as set forth in Section 10.04 above of this Canon, which written Instrument shall have the Hand and Episcopal Seal of that Bishop appended thereunto; and during the reading thereof, the Priest who is to be instituted shall kneel before the Bishop or his deputy aforesaid and shall hold the Seal thereof in his right hand.
After which, the Bishop Ordinary or the Institutor as aforesaid shall deliver into the hands of the Priest so instituted the Letter of Institution and, if the Institutor be himself the Bishop, shall say the following:
Accept this Charge which is mine and thine, In the Name of the Father, and of the Son, and of the Holy Ghost. Amen.
Immediately following upon such Institution as set forth in Section 10.06 above of this Canon, one of the Churchwardens or other such Officer of that Parish, Congregation, Mission, or other such Cure as aforesaid in the aforementioned Service, shall, "in open view," deliver into the hands of me new Rector or Incumbent the keys of that Church, inducting him thereby into the temporalities of that Parish, Congregation, Mission, or other such Cure by livery of seisin per clavem, as set forth in the Letter of Institution on page 569 of the 1928 American edition of the Book of Common Prayer and in Section 10.04 above of this Canon.
Upon his Institution or Admission by the Bishop Ordinary or his deputy aforesaid, such Priest shall thereupon receive the Ecclesiastical Office of Rector or Incumbent or Priest-in- Charge, which ever is applicable in that case, and he shall have the canonical possession of the Charge of the Spiritualities thereof and the Cure of Souls therein of that Parish, Congregation, Mission, or other such Cure concerned as well as be lawfully and canonically possessed of the Spiritual Jurisdiction therein and thereof, subject to the Authority of the Bishop Ordinary of that Diocese or other such jurisdiction concerned and as provided in these Canons.
By such Institution or Admission, the Priest shall have the exclusive control and direction of the ordering of the Services of the Church, the administration of the Sacraments, and all other such ordinances, the Sunday-school and other religious education, the music, choir, and organ, and all other matters of or within that Cure subject to his Spiritual Jurisdiction and Authority and appertaining to the same, subject to the Authority of the Bishop Ordinary of that Diocese or other such jurisdiction concerned and as provided in these Canons.
Such Rector, Incumbent, or Priest-In-Charge aforesaid has, by virtue of his Office, the exclusive right to allow or consent to any other Clergymen of this Church, not being his Bishop Ordinary or an Official or Deputy of that Bishop acting as such, either to officiate or otherwise to minister within the limits of his Charge and Cure, and none such other Clergyman aforesaid shall be permitted so to officiate or minister therein except as be allowed or provided otherwise in these Canons.
Upon Induction as set forth in Section 10.07 above of this Canon, the Rector or Incumbent of a Parish, Congregation, Mission, or other such Cure of this Church shall have confided to his trust and safe-keeping the possession of and the exclusive use, management, and control for all ecclesiastical and spiritual purposes, employment, and use of the Church edifice, the other parish buildings, the Churchyard and grounds, and all other buildings of the Cure used for ecclesiastical purposes, and together with the appurtenances, ornaments, and furniture thereof and appertaining thereto, and such possession, use, management, and control appertains to and in him only during his term of tenure as Rector or Incumbent thereof by virtue of his Office and while and so long as he remains such aforesaid Rector or Incumbent of that Parish, Congregation, Mission, or other such Cure concerned, and upon such Priest's vacation of his Office as Rector or Incumbent of that Cure concerned or otherwise ceasing to hold such Office, the aforesaid possession, with the exclusive use, management, and control, which appertained to and in him by virtue of his Office as Rector or Incumbent as aforesaid, shall cease and determine.
The Churchwardens shall have custody of the Church and such other property as aforesaid under the Rector or Incumbent and subordinate to his authority as such.
Such possession for ecclesiastical purposes aforesaid does not and shall not affect the title or ownership of the temporalities of a Parish, Congregation, Mission, or other such Cure, yet during such an incumbency, the Rector or Incumbent is seized of parson's freehold therein and as such shall enjoy the rights of that freehold therein. Therefore, no property of that Cure concerned can be alienated or encumbered or any of the property rights of the Rector or Incumbent be impaired without his consent thereto. Likewise neither can he of his own volition alone alienate or encumber the property aforesaid or any of the property rights thereto.
No Rector or Incumbent has the right, power, or authority to incur, or contract any debt or other such liabilities binding upon such Parish, Congregation, Mission, or other such Cure, or upon the Select Vestry or Trustees thereof or such other authority legally authorized to act in the premises or in any other way that shall render the property of that Cure aforesaid legally liable for any payment thereof without the express concurrence of the Select Vestry or Trustees thereof or other such authority as aforesaid.
Wherever in this Canon and elsewhere In these Canons, the terms 'Vestry' or 'Vestries' shall be used or employed, such usage or employment shall be deemed to refer only to what Is otherwise known and designated respectively as a 'Select Vestry' or 'Select Vestries' and shall not be deemed, in any wise, as referring to an Annual Parish Meeting' or 'Meetings', sometimes called a 'General Vestry', save wherein specifically so designated.
A Rector or Incumbent, not being a Priest-in-Charge, who shall be lawfully and canonically elected, instituted, inducted, and beneficed into a Parish, Congregation, Mission, or other such Cure, and of which he shall have the Charge thereof and the Cure of Souls therein, shall have the term of tenure thereof until such time as he shall retire, resign, or die or be removed canonically or the Pastoral Relation be canonically dissolved by the Bishop Ordinary concerned as provided in these Canons.
A Priest-in-Charge, who shall have been canonically and lawfully admitted by License of the Bishop Ordinary concerned into a Parish, Congregation, Mission, or other such Cure, and of which he shall have the Charge thereof and the Cure of Souls therein, shall serve as such at the pleasure of the Bishop Ordinary aforesaid and as provided in these Canons and of the Canons of that Diocese or other such jurisdiction concerned.
A Curate, Assistant Minister, Stipendiary curate, or Non- Stipendiary Curate, by whatsoever description designated, serves as such at the pleasure of the Rector, Incumbent, or Priest-in-Charge to whom he shall be assistant and, therefore, his dismissal shall rest with that Rector, Incumbent, or Priest-in-Charge of that place concerned, unless the Bishop Ordinary of that jurisdiction concerned shall have revoked his license as elsewhere provided in these Canons
Upon the resignation, retirement, death, or canonical removal of the Rector, Incumbent, or Priest-in-Charge of a Parish, Congregation, Mission, or other such Cure, the tenure of the Office of any Assistant Minister or any Curate therein shall cease and determine.
A Rector or Incumbent, not being a Priest-in-Charge, may not resign the Incumbency or Benefice of his Parish, Congregation, or other such Cure of which he is such, and wherein he is canonically and lawfully elected, instituted, inducted, and beneficed, without the consent of the said Parish, Congregation, or other such Cure, or its Churchwardens and Vestry, or its Trustees or other such authority duly authorized to elect a Rector or Incumbent, or whomever may be authorized to act in the premises, or without the consent of the Bishop Ordinary of that jurisdiction concerned to whom such resignation shall be addressed, with due notification of such to the Churchwardens and Vestry, or Trustees, or other such authority duly authorized to elect a Rector or Incumbent, as aforesaid, of that Cure concerned.
No Rector or Incumbent, not being a Priest-in-Charge, who shall be canonically and lawfully elected, instituted, inducted, and beneficed into a Parish, Congregation, or other such Cure, and of which he shall have the Charge thereof and the Cure of Souls therein, may not be removed therefrom by said Parish, Congregation, or other such Cure, or the Churchwardens and Vestry thereof, or its Trustees or other such authority aforesaid in Section 12.01 above of this Canon, or by the Bishop Ordinary of that jurisdiction, as the case may be, against the will of said Rector or Incumbent, except by due canonical process as herein provided in these Canons.
The Bishop Ordinary of any Diocese, Missionary Diocese, Missionary District, or other such jurisdiction of this Church may accept the written resignation of any clergyman under his Jurisdiction, and subject to his Authority as Ordinary, from any appointment, incumbency, benefice, office, or dignity ecclesiastical held by such Clergyman within or of said Bishop's Jurisdiction or Authority as Ordinary, provided that all Other canonical consents or conditions necessary, or both, as may be applicable, have obtained and been given in such a case.
If the Bishop Ordinary aforesaid shall decline to accept such resignation, the applicant may appeal to the Metropolitan of that Province concerned, who shall either accept or decline such resignation as to him shall appear just and proper in the circumstances concerned and in the best interests of the Church.
(a) If for any urgent reason a Rector or Incumbent, not being a Priest-in-Charge, of a Parish, Congregation, or other such Cure as aforesaid, or the body or other such Cure as set forth in Section 12.01 above of this Canon wherein said Priest is canonically and Lawfully elected, instituted, inducted, and beneficed aforesaid, and such be committed to his Charge, shall desire a separation and dissolution of the pastoral relation and all sacerdotal connection, notice in writing may be given by either party to the Bishop Ordinary of that jurisdiction.
(b) Said Bishop Ordinary shall take into consideration any difference or disagreement between the parties aforesaid, or any other circumstances which may be claimed to warrant a dissolution of the pastoral relation in the interests of the Church; and, in the event of the Bishop Ordinary being unable by his Godly judgement to settle such difference or disagreement or to put an end to any difficulty which may have arisen or to effect an amicable settlement between the parties, he shall then proceed to ask the advice and consent of the Priest members of his Council of Advice, and, proceeding with their aid and counsel in tribunal, shall be the ultimate arbiter and judge within that jurisdiction concerned. The decision to convene such a tribunal shall be conveyed in writing promptly to the parties concerned.
(c) No fewer than ten (10) days notice of the hearing by the Bishop Ordinary, with the assistance of the Priest members of his Council of Advice, shall be given in writing to both parties aforesaid, who may be represented by legal counsel.
(d) The proceedings of such a hearing and before the Bishop Ordinary shall be as nearly as possible similar to those provided in respect to the Consistory Court or Diocesan Court of the Ordinary, as the case may be, of that jurisdiction concerned, providing thereby for examination of all witnesses and enquiry into all circumstances relating to said differences.
(e) If at any time after notice in writing has been given to the Bishop Ordinary, as set forth in Subsection (a) above of this Section, it shall appear to the Bishop that a scandal is likely to arise from the Rector or Incumbent concerned continuing to perform the Services of the Church while the differences are being investigated, said Bishop Ordinary may cause a notice to be served on the Rector or Incumbent concerned inhibiting him from performing any Services of the Church either within the Diocese or other such jurisdiction of the said Bishop Ordinary or elsewhere in this Church, during the investigation, or until the Bishop shall withdraw the inhibition. During the time of such inhibition, the Bishop Ordinary may appoint another Clergyman to supply the place of the inhibited Clergyman.
(f) The judgement of the hearing aforesaid before the Bishop, which shall be made with all convenient speed, shall be either that the pastoral relation between the parties shall cease and determine at a time and upon condition and terms therein specified, or that the said relation shall not be terminated; and such judgement shall be binding upon both parties.
If at the hearing, the Bishop, with the advice and consent of his Priest members of his Council of Advice, shall decide that the term of tenure of the incumbency or benefice of that Rector or Incumbent shall cease, the Bishop. shall notify the Rector or Incumbent of such decision in writing, either personally or by registered letter to his last known place of abode; and at the expiration of three (3) months from the serving or sending of such notice that Parish, Congregation, or other such Cure concerned and the incumbency or benefice, or both, thereof shall become vacant, provided that no appeal has been taken within three (3) months from the rendering of such decision.
(g) In the event of the failure or refusal of either party to comply with the terms of such judgement aforesaid, the Bishop Ordinary may impose such penalties as are appropriate in the laws ecclesiastical, provided that no appeal has been taken by that party concerned.
The Bishop Ordinary may
(1) in the case of a Rector or Incumbent neglecting or refusing to obey a judgement made under the provisions of this Section, suspend such Clergyman from the exercise of his priestly Office and Ministry and proceed to punish him as for contumacy and disobedience of the lawful command of the Bishop as provided in Canon 1 of Title X of these Canons; or
(2) in the case of a Vestry or Trustees or other such authority as set forth in Section 12.01 above of this Canon, as the case may be, recommend to the Synod of that Diocese or other such jurisdiction that the union of the Parish, Congregation, or other such Cure concerned with that jurisdiction shall cease until they have complied with his judgement or the Bishop may impose interdiction upon that Parish, Congregation, or other such Cure, or both.
(h) In the case of the regular and canonical dissolution of the connection between a Rector or Incumbent and his Parish, Congregation, or other such Cure, under the provisions of this Canon, the Bishop Ordinary of that jurisdiction shall direct the Secretary, by whatsoever description designated, of that Diocese Or other such jurisdiction concerned to record the same.
The right to nominate and appoint any Clergyman of this Church as an Assistant Minister, Stipendiary Curate, or Non- Stipendiary Curate shall rest with and be vested in the Rector or Incumbent of a Parish, Congregation, Mission, or other such Cure to which he shall be appointed after consultation with the Churchwardens of the same.
(a) The name of the Clergyman whom it is proposed to be so appointed shall be forwarded and made known to the Bishop Ordinary of that Diocese or other such jurisdiction concerned, and said Bishop Ordinary shall be given sufficient and adequate time, ir need be, to consult with the Rector or Incumbent, Churchwardens, and Vestry or other such authority legally authorized to act in the premises of such Parish, Congregation, Mission, or other such Cure concerned regarding oh proposed Clergyman.
(b) Before undertaking the approval of such. a proposed appointment, the Bishop Ordinary of that jurisdiction aforesaid shall be satisfied that such proposed Clergyman is duly qualified and fit to minister therein as set forth in Section 9.09 of Canon 9 above of this Title and meets the conditions thereof.
(c) Also, before approving such Assistant Minster or Stipendiary Curate nominated for such appointment, the Bishop Ordinary aforesaid shall be satisfied that provision has been made by the vestry or other authority concerned as aforesaid for the salary or stipend of such Assistant Minister or Stipendiary Curate as s-t forth in Canon 12 of Title XXI of these Canons and that such will not impair the other financial obligations of that Cure concerned.
No such Clergyman may be appointed as an Assistant Minister, Stipendiary Curate, or Non-Stipendiary Curate without the prior consent of the Bishop Ordinary concerned and before such Bishop shall issue him a License and shall grant him authority to perform such Office aforesaid in the place to which he is to be appointed.
Ml Assistant Ministers, Stipendiary Curates, Non-Stipendiary Curates, and other Ministers, by whatsoever description designated, in any Parish, Congregation, Mission, or other such Cure shall be regarded as Assistants to the Rector, Incumbent, or Priest-in-Charge thereof, and under his direction, and subject to his authority as such.
The right to appoint an Assistant Minister, Stipendiary Curate, or Non-Stipendiary Curate to any vacant Cure in a Diocese or other such jurisdiction shall rest with and be vested in the Bishop Ordinary of the same upon consultation with the Priest-in-Charge, if there be such, and with the Churchwardens and Vestry thereof or other such authority legally authorized to act in the premises.
In such instances, the said Bishop Ordinary shall be required before any such appointment be made and his License is sued to satisfy the conditions set forth in Subsections (b) and (c) of Section 13.02 above of this Canon.
No Clergyman of this Church shall perform any ecclesiastical function or duty or shall exercise his Office and Ministry or perform any Function thereof unless the Bishop Ordinary of that Diocese or other jurisdiction concerned shall have conferred such authority upon him either by instituting him to an incumbency or a benefice, or by admitting him to serve within that jurisdiction aforesaid by License under his Hand and Seal Episcopal, or by giving him written permission to officiate within the same, except as otherwise provided in the Constitution of this Church or these Canons, or both.
A License as aforesaid in the foregoing Preface of this Canon, granted by a Bishop Ordinary of a Diocese or other such jurisdiction of this Church under his Hand and Seal Episcopal to any Clergyman of or otherwise subject to the authority of this Church to serve or officiate, or both, within his jurisdiction, shall be in the Form either.
(a) of a General License to preach or otherwise perform the Functions competent to this Order and to exercise his Office and Ministry subject to the provisions of these Canons and the laws ecclesiastical, or
(b) of a Specific or Special License to exercise his Office and Ministry only in some particular place, or Cure, or, Deanery or Archdeaconry, or other such jurisdiction, or
(c) of a Limited License wherein the authority to exercise the Office and Ministry of that Clergyman concerned may be limited or circumscribed in accordance with the provisions set forth in Section 10.05 of Canon 10 of Title XI of these Canons, or otherwise restricted, or
(d) of a License to perform some particular Office.
No Bishop Ordinary of this Church shall issue any License to any Clergyman as aforesaid and provided in Section 14.01 of this Canon that not be canonically resident in his jurisdiction or otherwise subject to his authority as Ordinary unless that Bishop Ordinary first comply with and be satisfied according to the provisions set forth in Subsections (b) and (c) of Section 9.09 of Canon 9 above of this Title as may be applicable in that instance.
The authority to exercise the Office of their Ministry and the right of a General License are conferred upon and deemed possessed thereof by the following in each Diocese or other such jurisdiction of this Church, subject to these Canons, by virtue of their Ecclesiastical Office:
(a) Bishops having or holding a Bishopric or Episcopal Office of or in that jurisdiction concerned or be canonically resident therein;
(b) Rectors and Incumbents instituted into their respective incumbencies or benefices by Letter;
(c) Vicars General in Spirituals thereof;
(d) Archdeacons and Deans thereof;
(e) Regional or Rural Deans thereof;
(f) Vicars Delegate thereof;
(g) the Dean of the Cathedral Church and the Canons Principal and the Canons Minor thereof;
(h) a Dean or Provost of any Collegiate Church and the Canons thereof; (i) Canons to the Ordinary; and
(j) Superiors in Holy Orders of any Religious Order, Community, or Institute in respect to their subjects and in their Houses.
Any Bishop Ordinary of this Church may revoke summarily, and without further process, any License granted under his Hand and Seal to any Clergyman within his Diocese or other such jurisdiction, save as set forth in Section 14.03 above of this Canon, for any cause which shall appear to him to be good and reasonable, after having given such Clergyman concerned sufficient opportunity of showing reason to the contrary: Provided that any such Clergyman may, within one month after service upon him of such revocation, appeal to the Metropolitan of that Province concerned, who shall either confirm or annul such revocation as to him shall appear just and proper in the circumstances concerned and in the best interests of the Church.
Every Bishop Ordinary of a Diocese or other such jurisdiction of this Church may issue a Letter of Permission to any Clergyman of or otherwise subject to the authority of this Church granting such Clergyman aforesaid authority to exercise the Ministry of his Office within the jurisdiction of that Bishop Ordinary concerned, and upon any conditions or restrictions therein so stipulated in such Letter of Permission.
Such written permission shall be renewed annually and shall be in force and effect at the pleasure of that Bishop Ordinary concerned.
Every Parish, Congregation, Mission, or other such Cure within or otherwise subject to the authority of this Church shall, as much as possible, have a Rector, Incumbent or Priest-in-Charge who, being in Priest's Orders, shall have the Charge of the same as aforesaid and the Cure of Souls therein and also shall be either beneficed therein by Letter of Institution from the Bishop Ordinary of that Diocese, Missionary Diocese, Missionary District, or other such jurisdiction concerned or be admitted thereto by License of such Bishop Ordinary and hold authority thereby to officiate and minister therein.
In cases where the Incumbent be a Priest-in-Charge, he shall perform his duties directly under the authority of that Bishop Ordinary concerned.
In every Congregation, Mission, or other such Cure within or otherwise subject to the authority of this Church that be dependent or otherwise meets the criteria set forth in Section 1.04 of Canon 1 of Title XVII of these Canons, the Rector, Incumbent, or Priest-in-Charge, as the case may be, shall have the Charge of that congregation concerned and the Cure of Souls therein under and subject to the direct authority of that Bishop Ordinary concerned.
The Bishop Ordinary of each Diocese or other such jurisdiction of this Church shall have the Charge of and the Cure of Souls therein of all vacant Parishes, Congregations, Missions, or other such Cures within and under his Jurisdiction and Authority as Ordinary and be the Minister-in-Charge thereof.