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Sine Episcopo nomo quidquam faciat eorum . quæ ad Ecclesiam spectant.

S. Ignat. Ep. ad Smyrn. VIII. Ex vers. Cotel. Ed. Russel, ii, 50,

FUNCHAL.

BERNARDO FRANCISCO LOBATO MACHADO

1848.

PROTEST against the assumption of the spiritual duties of this Chaplaincy, without a Licence, by the Reverend Thomas Kenworthy Brown; as unduly interfering with the Office of the Reverend Richard Thomas Lowe, licensed by the Lord Bishop of London to the spiritual Cure and Charge of all members of the United Church of England and Ireland in Madeira.

1. Because such assumption is contrary to the Apostolical rule, not to « build upon another man's foundation » (Rom. XV. 20), « and not to boast in another man's line of things made ready to our hand » (2 Cor. X. 16); and is opposed to the Apostolical position (Rom. X. 15), that the preachers of the Gospel must be « sent. »

Because without « sending », i.e. mission or special executive authority from the Bishop , such interference with the spiritual Office of another, however favoured by the Civil Government, is by the Laws and Constitutions of the Church, which are founded upon Scripture, openly schismatical and sinful.

3. Because no Priest or Deacon of the United Church of

England and Ireland may presume to exceed the Authority conserred on them respectively at their Ordination : the Priest being only empowered «to preach the Word of God, and to minister the Holy Sacraments in the Congregation, where he shall be laufully appointed » (« called and sent », Art. XXIII.) « thereunto » (Ord. of Priests); and the Deacon receiving merely authority « to read and preach the Gospel, if he be thereto licensed by the Bishop himself » (Ord. of Deacons ). See Appendix, A.

4. Because such assumption is in violation of the solemn promise and engagement made by every Priest of the Church of Fngland at bis Ordination , «always so to minister the Doctrine and Sacraments and the Discipline of Christ, as the Lord hath commanded, and as this Church and Realm hath received the same »: – it being

it being a well known law, and an integral part of the constitution of the Church and Realm of England, that «it is not lawful for any man to take upon him the Office of publick preaching or ministering the Sacraments in the Congregation, except he be lawfully called, and sent to execute the same »

Art. XXIII):— sending or mission, being one of the peculiar functions, and belonging to the special Office, of the Bishop. (See Consecr. of Bishops, « Will you be faithful in ordaining, sending, or laying hands upon others ? » )

5. Because by the 36.th of the Canons of the Church of England, which are especially binding on the Clergy, it is expressly enacted, that «No person shall be suffered to preach, to catechize, or to be a lecturer or Reader of Divinity...... excrpt he be licensed either by the Archbishop, or by the Bishop of the Diocese where he is to be placed, » &c. : and because 2.dly, by the 37.th Canon, « None licensed as is aforesaid , to preach , read , lecture, or calechize, coming to reside in any Diocese , shall be permitted there to preach , read , lecture, catechize, or minister thc Sacraments, or to execute any other Ecclesiastical function, by what authority soever he be thereunto admitted, unless he first consent and subscribe to the three Articles before mentioned, in the presence of the Bishop of the Diocese wherein he is to preach , read, lecture, catechize, or administer the Sacraments, as aforesaid : »---and because 3.dly by the 48.th Canon, headed « None to be Curates but allowed by the Bishop », it is enacted, that «No Curate or Minister shall be permitted to serve in any place, without examination and almission of the Bishop of the Diocese, or Ordinary of the place, having Episcopal jurisdiction, in writing under his hand and seal»: - and because 4.thly, by the 49.th Canon, it is enacted, that «No person whatsoever, not examined and approved by the Bishop of the Diocese, or not licensed, as is aforesaid for a sufficient or convenient Preacher, shall take upon him to expound in his own Cure, or elsewhere, any Scripture or matter of Doctrine. » (See Appendix , B.)

6. Because it has been already ruled and judicially decided in the cases of «Barnes versus the Rev. James Shore »), and of «the Archbishop of Dublin v. the Rey d T. D. Gregg », that any Clergyman of the United Church of England and Ireland celebrating Divine Service and preaching without the licence and authority of the Bisliop of the Diocese, is amenable to correction and punishment by lawy.

7. Because whatsoever things the Church and Realm of England probibits under penalties within the proper territorial jurisdiction of the same, are in equity and conscience equally binding upon all members of the Church and Realm, even where those penalties cannot be by law immediately enforced.

8. Because that the 37.th Article of the Church of Eng. land, in attributing to the Crown the chief Government of all Estates Ecclesiastical or Civil in all causes, to the exclusion of

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