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his Christian and episcopal character, he shall, on trial and proof of the fact, be degraded from the ministry by any five bishops, or a majority of them, to be appointed by the Senior Bishop of this church, and to be governed by their own rules in the case; and notice of the same shall be given to all the bishops and standing committees, as in the case of other degraded ministers.

SECT. 7. No bishop whose resignation of the episcopal jurisdiction of a diocese has been confirmed as aforesaid, shall have a seat in the House of Bishops.

SECT. 8. A bishop who ceases in any way to have the episcopal charge of a diocese, is still subject, in all matters, to the authority of the General Convention.

CANON XXXIII. Of the Dissolution of all Pastoral Connection between Ministers and their Congregations.

[Former Canons on this subject were the second of 1807, and the thirtieth of 1808. ]

SECT. 1. When any minister has been regularly instituted or settled in a parish or church, he shall not be dismissed without the concurrence of the ecclesiastical authority of the diocese; and in case of his dismission without such concurrence, the vestry or congregation of such parish or church, shall have no right to a representation in the convention of the diocese, until they have made such satisfaction as the convention may require. Nor shall any minister leave his congregation against their will, without the concurrence of the ecclesiastical authority aforesaid; and if he shall leave them without such concurrence, he shall not be allowed to take a seat in any convention of this church, or be eligible into any church or parish, until he shall have made such satisfaction as the ecclesiastical authority of the diocese may require.

But if

SECT. 2. În case of the regular and canonical dissolution of the connection between a minister and his congregation, the bishop, or, if there be no bishop, the standing committee, shall direct the secretary of the convention to record the same. the dissolution of the connection between any minister and his congregation be not regular or canonical, the bishop or standing committee shall lay the same before the convention of the diocese, in order that the above mentioned penalties may take effect.

This canon shall not be obligatory upon those dioceses with whose usages, laws, or charters, it interferes.

CANON XXXIV. Of Differences between Ministers and their Congregations.

[Former Canons on this subject were the fourth of 1804, and the thirty-second of 1808.]

In cases of controversy between ministers who now, or may hereafter, hold the rectorship of churches or parishes, and the vestry or congregation of such churches or parishes, which controversies are of such a nature as cannot be settled by themselves, the parties, or either of them, shall make application to the bishop of the diocese, or in case there be no bishop, to the convention of the same. And if it appears to the bishop and a majority of the presbyters, convened after a summons of the whole belonging to the diocese, or, if there be no bishop, to the convention or the standing committee of the diocese, if the authority should be committed to them by the convention, that the controversy has proceeded to such lengths as to preclude all hope of its favorable termination, and that a dissolution of the connection which exists between them is indispensably necessary to restore the peace, and promote the prosperity of the church, the bishop and his said presbyters, or, if there be no bishop, the convention or the standing committee of the diocese, if the authority should be committed to them by the convention, shall recommend to such ministers to relinquish their titles to their rectorship, on such conditions as may appear reasonable and proper to the bishop and his said presbyters, or, if there be no bishop, to the convention, or the standing committee of the diocese, if the authority should be committed to them by the convention. And if such rectors or congregations refuse to comply with such recommendation, the bishop and his said presbyters, or, if there be no bishop, the convention, or the standing committee of the diocese, if the authority should be committed to them by the convention, with the aid and consent of a bishop, may, at their discretion, proceed, according to the canons of the church, to suspend the former from the exercise of any ministerial duties within the diocese, and prohibit the latter from a seat in the convention, until they retract such refusal, and submit to the terms of the recommenda tion and any minister so suspended shall not be permitted, during his suspension, to exercise any ministerial duties. This canon shall apply also to the cases of assistant ministers and their congregations.

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CANON XXXV. Of Ministers removing from one Diocese to another.

[Repealed by the fourth Canon of 1835.]

CANON XXXVI. Of the Officiating of Persons not Ministers of this Church.

[Former Canons on this subject were the fifth of 1792, and the thirty-fifth of 1808.] No person shall be permitted to officiate in any congregation of this church, without first producing the evidences of his being a minister thereof to the minister, or, in case of vacancy or absence, to the churchwardens, vestrymen, or trustees of the congregation.

CANON XXXVII. Of Offences for which Ministers shall be Tried and Punished.

[Former Canons on this subject were the thirteenth of 1789, the first of 1801, the twenty-sixth of 1808, and the second of 1829.]

SECT. 1. Every minister shall be liable to presentment and trial, for any crime or gross immorality, for disorderly conduct, for drunkenness, 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 degraded, according to the canons of the diocese in which the trial takes place, until otherwise provided for by the General Convention.

SECT. 2. 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, if there be no bishop, the clerical members of the standing committee, 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, in conformity with their respective constitutions and canons.

CANON XXXVIII. Of a Minister declaring that he will no longer be a Minister of this Church.

[Former Canons on this subject were the second of 1817, the seventh of 1820, and the third of 1829.]

If any minister of this church, against whom there is no ecclesiastical proceeding instituted, shall declare to the bishop of the diocese to whom he belongs, or to any ecclesiastical authority for the trial of 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 in 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 the case of a person making the above declaration for causes not affecting his moral standing, the same shall be declared.

CANON XXXIX. Of Degradation from the Ministry, and of Publishing the Sentence thereof.

[Former Canons on this subject were the third of 1792, and the twenty-seventh of 1808 ]

SECT. 1. When any minister is degraded from the holy ministry, he is degraded therefrom entirely, and not from a higher to a lower order of the same. Deposition, displacing, and all like expressions, are the same as degradation. No degraded minister shall be restored to the ministry.

SECT. 2. Whenever a clergyman shall be degraded, the bishop who pronounces sentence shall, without delay, give notice thereof to every minister and vestry in the diocese, and also to all the bishops of this church, and where there is no bishop, to the standing committee.

CANON XL. Of a Clergyman in any Diocese chargeable with Misdemeanor in any other.

[Former Canons on this subject were the second of 1792, and the twenty-eighth of 1808.]

SECT. 1. If a clergyman of the church, in any diocese within this Union, shall, in any other diocese, conduct himself in such a way as is contrary to the rules of this church, and disgraceful to his office, the bishop, or if there be no bishop, the standing committee, shall give notice thereof to the ecclesiastical authority of the diocese to which such offender belongs, exhibiting with the information given, the proof of the charges made against him.

SECT. 2. If a clergyman shall come temporarily into any diocese, under the 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 the said diocese. And if, after the said 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 circumstances, prohibited; and like notice shall be given to the bishop, or if there be no bishop, to the standing committee of the diocese to which the said clergyman belongs. And such prohibition shall continue in force until the bishop of the first-named diocese shall be satisfied of the innocence of the said clergyman, or until he be acquitted on trial.

CANON XLI. Of the Due Celebration of Sundays.

[Former Canons on this subject were the fourteenth of 1789, and the thirty-ninth of 1803.]

All persons within this church shall celebrate and keep the Lord's day, commonly called Sunday, in hearing the word of God read and taught, in private and public prayer, in other exercises of devotion, and in acts of charity, using all godly and sober conversation.

CANON XLII. Of Crimes and Scandals to be Censured. [Former Canons on this subject were the twelfth of 1789, the twenty-fifth of 1808, and the third of 1817.]

SECT. 1. If any persons within this church offend their brethren by any wickedness of life, such persons shall be repelled from the holy communion, agreeably to the rubric.

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