USA > Maryland > A compilation containing the constitution and canons of the Protestant Episcopal church in the diocese of Maryland; > Part 2
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1. See note 3, p. 5.
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CANONS OF THE DIOCESE OF MARYLAND.
SEC. 2. The Committee may appoint one of their Lay members Treasurer of the funds to be received by it, who shall disburse the same under the direction of the Committee and shall make an annual report to the Convention.
SEC. 3. The Committee of Missions shall have supervision of the General Mission Work of the Diocese, and shall receive and disburse all contributions, in money or otherwise, which may be made through- out the Diocese for Diocesan Missions. They may also, in their discretion, out of said contributions give pecuniary assistance, through the Bishop or directly, to Clergymen in charge of Parishes or Con- gregations which are now, or may be hereafter, in union with this Convention. The said Committee shall also receive and disburse the Fund for Disabled and Superannuated Clergymen.
And it is hereby declared that, in and for the exercise of the duties and powers hereby conferred upon said Committee, in so far as the City of Baltimore is concerned, said Committee is intended to be and shall be considered as a substitute for the City Committee of Missions in Baltimore, referred to in the preamble to the articles of association of the Baltimore City Protestant Episcopal Missionary Committee.
SEC. 4. No Mission shall be established, nor any Missionary appointed by said Committee of Missions, but with the advice and consent of the Bishop or, if there be no Bishop or he be out of the Diocese, of the Standing Committee.
SEC. 5. It shall be the duty of the Rector of each Parish or Con- gregation to devise and carry into effect ways and means for the collection of moneys for the work of the Church herein provided for, by holding meetings, public or otherwise, procuring subscriptions and donations, and issuing or circulating papers, statements, addresses or the like; or by such other measures as he may deem most effective.
SEC. 6. Any contributor shall have the right to designate to which of the objects assigned to the said Committee, his gift or sub- scription shall be appropriated; and the contribution shall be appro- priated accordingly and in no other manner. It being understood, however, that contributions designated generally for Diocesan Mis- sions, shall be held applicable to Pastoral Aid, as provided for in section 3.
SEC. 7. Nothing in this Canon contained shall be construed or taken to interfere with or hinder the Baltimore City Protestant Epis- copal Committee in conducting Missionary or other work, within the scope of its charter ; nor to prohibit any Parish or Congregation from
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CANONS OF THE DIOCESE OF MARYLAND.
conducting any Missionary operations of its own, and appropriating to such operations any funds which may be contributed therefor.
SEC. 8. At all meetings of this Committee five members shall con- stitute a quorum.
Canon II., 1850. Amended, 1853, 1872, 1873, 1886, 1896.
CANON IX.
Of the Archdeaconries of the Diocese.
SEC. 1. The Diocese shall be divided into four Archdeaconries, as follows :
First. The City of Baltimore, to be known as the Archdeaconry of Baltimore.
Second. The Counties of Baltimore, Harford and Carroll, to be known as the Archdeaconry of Towson.
Third. The Counties of Howard, Anne Arundel and Calvert, to be known as the Archdeaconry of Annapolis.
Fourth. The Counties of Frederick, Washington, Allegheny and Garrett, to be known as the Archdeaconry of Cumberland.
SEC. 2. The Archdeaconries shall be organized under the direc- tion of the Bishop, who shall preside in them when present. In the absence of the Bishop, the Assistant Bishop,1 if any, shall preside when present. Each Archdeaconry shall have an Archdeacon, to be appointed annually by the Bishop, with the approval of the Archdeaconry. The Archdeacon shall perform such duties as may be appointed him by the Bishop or Archdeaconry, and shall report to the Convention, through the Bishop, at each annual session, concerning the missionary work in his Archdeaconry. Each Archdeacon shall be, ex officio, a member of the Committee of Missions and it shall be his duty to attend and vote at all meetings of the Committee.
SEC. 3. Each Archdeaconry shall meet at least twice during the year and shall consist of the Clergy residing within its limits, who have seats in the Convention of the Diocese or are engaged in Pastoral work; and of Lay Communicants, one from each Parish, separate Congregation or Mission, to be chosen according to rules adopted by the Archdeaconry.
Canon, 1874, 1897.
1. See note 3, p. 5.
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CANONS OF THE DIOCESE OF MARYLAND.
CANON X. Of the Support of Ministers.
Whereas, it is enjoined that the minister of the Gospel shall live of the Gospel, and it is the right and duty of every parishioner or member of a Congregation to contribute his or her share to the sup- port of the Ministry, as God hath given ability ; and whereas, it is the business of the Vestry of each Parish or Congregation to take care for the fulfillment of the Divine command, by the diligence of the people: It shall be the duty of the Vestry of each Parish or Congregation to provide, by taking care for the gathering of offerings in Divine service, except the alms at Holy Communion, or by the procurement and collection of subscriptions or of pew-rents by com- mittees or otherwise, for the payment of the amount stipulated for the support of the Rector or Minister or Ministers quarterly in advance ; or at such intervals and on such conditions as may be stipulated and agreed upon by the Vestry and Rector, or Minister or Ministers, and it shall be the duty of every Lay Delegate, at every Annual Conven- tion, to report to the Bishop and to state distinctly whether this Canon shall have been obeyed ; and it shall be the duty of the Secretary of the Convention to report at some time before the close of each Annual Convention, and enter on the Journal, a list of the names of all Parishes and Congregations not reported as having fulfilled this Canon.
Canons of 1850, 1856, 1872, 1873.
CANON XI.
Of the Permanent Clerical Sustentation Fund.
There shall be established, under the sanction of this Convention and be held by it, a Fund to be entitled "The Permanent Clerical Sustentation Fund." Until otherwise directed, this Fund shall be administered by the Trustees of Church Charities; and the income shall be allowed to accumulate until it shall amount yearly to at least one thousand dollars. From and after that time the yearly income shall be paid over to the Committee of Missions of the Diocese for Pastoral Aid, and any surplus over what may by required for that purpose, shall be expended for the establishment and maintenance of Mission Stations within the Diocese.
Canon, 1875. Journal, p. 62.
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CANONS OF THE DIOCESE OF MARYLAND.
OF CLERICAL DISCIPLINE.
CANON XII.
Of the mode of instituting Proceedings against Clergymen.
Whenever the Bishop shall, either from his own observation or from any information which he shall deem worthy of notice, have reason to believe that there are grounds for an investigation into the conduct of any Priest or Deacon of this Diocese, for having been guilty of offences for which he is liable to be tried according to Canon 2, Title II., of the Digest of the General Convention, he may, in his discretion, convene the Standing Committee and lay before them the information in his possession. And whenever the Standing Committee, or a majority of them, shall, from any information so laid before them by the Bishop or from any other information which they or a majority of them may think worthy of notice, be of opinion that it is proper that a judicial investigation of the conduct of any Priest or Deacon should take place, they shall present that fact to the Bishop, with such a general statement of the facts of the case as may serve for a ground work upon which charges may be drawn. It shall be the duty of the Bishop upon the receipt of such presentment, to cause the charge or charges to be drawn up in such form as will, with reasonable certainty, give to the accused notice of the particular matters charged as offences. The style of charge, or charges, shall be, "Articles, or charges, against- -, exhibited on behalf of the Church, to the Bishop of the Diocese of Maryland, by -- , acting as Church Advocate, in consequence of a presentment made to the said Bishop, by the Stand- ing Committee of the said Diocese.
Canons of 1788, 1790, 1800, 1801, 1835, 1847, 1859, 1862, 1873.
CANON XIII. Of Advocates and of Parties.
Whenever it shall be determined to bring to trial any Clergyman, the Bishop shall appoint one person as Church Advocate, whose duty it shall be to prepare the charges and conduct the trial, on the part of the Church. It shall also be his duty to reduce the charges into form. He shall conduct the case with a single eye to eliciting
2
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CANONS OF THE DIOCESE OF MARYLAND.
the truth and shall regard himself as much bound to protect the interests of the accused as those of the Church. The Church Advocate shall be considered the party on the one side, and the accused on the other. The accused shall have a right to call in any one person, whom he may choose, to assist him.
Canon XXII., 1835. Amended, 1847, 1873.
CANON XIV. Of Ecclesiastical Courts.
There shall be an Ecclesiastical Court for the Diocese of Maryland, to try such charges as may be preferred against any Priest or Deacon of said Diocese. It shall be composed of seven Presbyters, not members of the Standing Committee. They shall be appointed by the Bishop, by and with the advice and consent of the majority of the Diocesan Convention, during the present Convention [1847], and biennially thereafter, and shall continue in office until others shall have been chosen in their places, unless sooner removed by a vote of the Convention. The Bishop, by and with the advice and consent of the majority of the Convention, shall have power to fill all vacancies which may occur by such removal or by death, resignation, removal from the Diocese, or election into the Episcopate or Standing Com- mittee. Provided, that whenever any vacancy occurs from any of the aforesaid causes, in the interval between the sessions of the Conven- tion, the Bishop shall have power to fill the same, until the meeting of the next Convention. Whenever a charge or charges against any Priest or Deacon of this Diocese shall have been reduced to writing by the Church Advocate, agreeably to the provisions of the Canons, it shall be his duty to deliver to the Bishop two copies of the same, signed with his own hand. It shall then be the duty of the Bishop to transmit one of the said copies to the accused, together with notice of the time and place of trial, both of which the Bishop shall prescribe. The charges and notice shall be delivered to the accused or left at his place of abode, at least thirty days before the time appointed for the trial. The Bishop shall also issue a precept, directed to all the mem- bers of the Ecclesiastical Court, requiring them or any five or more of them, to proceed to the trial of the accused at the prescribed time and place, which precept, together with another copy of the charges, signed by the Church Advocate, shall be transmitted by the Bishop
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CANONS OF THE DIOCESE OF MARYLAND.
to the President of the Court, whose duty it shall be, upon receipt of the same, to cause all the members of the Court to be summoned to meet at the prescribed time and place. Any five of them who shall attend, in pursuance of such summons, shall constitute the Court. It shall be the duty of the members of the Court to convene, imme- diately after the election, at a time and place to be appointed by the Bishop and elect, from their own body, a President and Secretary. It shall be the duty of the Secretary, within five days after such election and after every change in the office of President, to notify the Bishop of the name of the person chosen President.
Canons of 1788, 1807, 1835, 1847, 1871.
CANON XV.
Provisions relative to Discipline, during a vacancy in the Episcopal Office.
In case of a vacancy in the Episcopal Office, the President of the Convention, for the time being, shall have and exercise all the powers relating to discipline, given to the Bishop by the Canons, except such as belong exclusively to the Episcopal Order.
If the President of the Convention shall himself be the person accused, any two members of the Standing Committee may apply to any Bishop of the Protestant Episcopal Church in the United States, to exercise the powers of the Bishop of Maryland in the particular case, and the Standing Committee shall take the canonical steps for the trial of the accused under the direction of such Bishop.
Canons of 1800, 1835, 1847.
CANON XVI. Of the Trial of Clergymen.
Upon the trial of any Clergyman upon any charge or charges, both parties shall have a right to summon witnesses and have reason- able delay, if necessary in the opinion of the Court, to obtain their attendance ; and both parties may take depositions, to be used at the trial, after giving to the other reasonable notice of the time and place of taking the same. No accused Clergyman shall be convicted of
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CANONS OF THE DIOCESE OF MARYLAND.
any offence, except upon the oath of two credible witnesses, or upon the oath of one witness whose testimony is corroborated by pregnant circumstances.
All testimony shall be upon oath, which shall be administered by the President of the Court.
All spectators shall be excluded except the Clergy of the Diocese and the Vestry of the Parish or Congregation with which the accused is connected, and such of the relations and friends of the accused as to the Court may appear proper. The presence of a majority of the members of the Court shall be requisite to the transaction of any business connected with the trial, and on the final question, whether the accused is guilty or not, no member shall be permitted to vote or considered present, who shall not have been present at the delivery of all the testimony during the whole trial and of the defence of the accused, if he have made any. Unless a majority of the members of the Court, entitled to vote on the final question of whether the accused is guilty or not, shall vote that he is guilty, he shall be acquitted. And in no case shall he be found guilty unless at least three members of the Court vote for his conviction.
Canon IX., 1788. Amended, 1807, 1809, 1835, 1847, 1873.
.
CANON XVII.
Of the mode of Compelling the Appearance of an Accused Clergyman.
If any Clergyman, accused of any offence, shall neglect to attend at the time and place appointed for the meeting of the Court which is convened to try him, after due notice given to him, the Court shall report the fact to the Bishop, who shall suspend such Clergy- man from the Ministry for contumacy, until he shall appear and demand a trial. If he apply to the Bishop, within six months from the day on which the sentence of suspension shall have been pro- nounced, for a trial, a Court shall be convened and the trial proceed in the manner provided for in the Canons. If he shall not apply for a trial within six months, the Bishop shall pronounce sentence of degradation from the Ministry, for contumacy.
Canon XXII., 1835. Canon XI., 1847.
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CANONS OF THE DIOCESE OF MARYLAND.
CANON XVIII.
Of Clergymen who shall be charged with renouncing the Ministry, or separating themselves from the Communion of the Church, and shall neglect to answer such charge.
If any Clergyman shall be charged with wilfully discontinuing, without lawful cause, the Ministry of this Church, or with separating himself from her Communion and shall, after having been canonically notified of the time and place of trial, neglect to appear at such time and place, it shall be lawful for the Court, if they think proper to do so, to hear the case in his absence; and, if the majority shall find him guilty, to report to the Bishop, as if he had appeared, whereupon the Bishop shall proceed to pass sentence.
Canon XII., 1847.
CANON XIX.
Of Ecclesiastical Sentences.
If the accused, after canonical trial, shall be found guilty by a canonical majority, the opinion of the Court, together with all their proceedings, including all the testimony taken in the case, shall be transmitted to the Bishop before it is transmitted to the accused or in any way made public. The Court shall also declare to the Bishop the punishment, which, in their opinion, the offence or offences deserves. Should he concur in opinion with the Court, he may pro- ceed to reprove, suspend or degrade, as the offence may be thought by him to deserve; always provided, that he shall inflict no punish- ment beyond that recommended by the Court.
Canon IX., 1788. Amended, 1801, 1835, 1847.
CANON XX.
Of the Promulgation of Ecclesiastical Sentences.
All sentences of reproof, suspension, or degradation, shall be pro- nounced by the Bishop. A copy of a sentence of suspension shall be sent to the accused and another to the Vestry or Vestries of the Parish or Parishes, or Congregation or Congregations, with which he
.
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CANONS OF THE DIOCESE OF MARYLAND.
may be canonically connected, and such other publicity may be given to it as the Bishop may think expedient. A sentence of degradation shall be made known in the manner directed by Canon 39 of the General Convention of 1832.1
Canon XXII., 1835. Amended, 1847.
1. Digest, Title II., Canon 5, §i.
CANON XXI.
Provision for Pronouncing Sentence on Clergymen, during a Vacancy in the Episcopal Office.
In case any Clergyman who shall have been duly notified of the time and place fixed for his trial, shall have neglected to appear or been canonically found guilty of any charge, the Court may transmit their report in the case of contumacy, or in case of conviction, their opinion, with the testimony and other proceedings, to the Bishop of some other Diocese, who shall be requested, and is hereby authorized to act thereon and proceed in the same manner as he would be author- ized to do were he the Bishop of this Diocese.
Canon XX., 1835. Amended, 1847.
REGULATIONS RESPECTING THE LAITY.
CANON XXII.
Communicants to have Family Worship.
It shall be the duty of every Communicant in this Church, who is the head of a family, to live in the daily exercise of family worship.
Canon XVII., 1801. Amended, 1835, 1847.
CANON XXIII.
The members of this Church to instruct their families in the principles of Religion.
The members of this Church shall instruct their families, as far as they are able, in the principles of the Christian Religion and shall cause their children to attend the catechetical instructions of their
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CANONS OF THE DIOCESE OF MARYLAND.
Rector; and as soon as they are sufficiently informed and impressed with the importance and sacredness of their baptismal vow, they shall present them to the Rector as candidates for Confirmation; who shall examine them and, if satisfied of their fitness, recommend them to the Bishop for Confirmation.
Canon XVIII., 1801. Amended, 1835, 1847.
CANON XXIV.
Ministers to be careful in admitting to the Holy Communion.
No member of this Church, who has not previously communed, shall offer himself for the reception of the LORD's Supper, nor shall any Minister enroll any persons as Communicants of his Congregation, until the Minister shall have conversed with such person or persons on the subject, or until he shall be satisfied that they have been regular Communicants in his own or some other Congregation.
Canon VIII., 1790. Amended, 1835, 1847.
CANON XXV .:
Excluding from the Holy Communion, and Sponsorship in Baptism, notorious transgressors.
Ministers shall be careful not to admit any persons to the Holy Communion or as Sponsors in Baptism, who are notorious transgres- sors ; and the Vestries of vacant Parishes shall endeavor to prevent such persons from being imposed on Ministers visiting such Parishes. ·
Canon XXII., 1801. Amended, 1835, 1847.
CANON XXVI.
Communicants who neglect to receive the LORD'S Supper, to be stricken from the roll.
Any Communicant who shall neglect for six months successively to attend the celebration of the LORD's Supper, having opportunity, may, at the discretion of his or her Rector, be stricken from the list of Communicants, unless satisfactory reasons for such neglect be assigned to the Rector.
Canon XIX., 1835. Amended, 1847.
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CANONS OF THE DIOCESE OF MARYLAND.
MISCELLANEOUS CANONS.
CANON XXVII.
Of Parish Registers.
Whereas, by Canon 18, §v, Title I., of the Digest of the General Convention it is required that "Every Minister of this Church shall keep a Register of Baptisms, Confirmations, Communicants, Marriages, and Funerals, within his cure, agreeably to such rules as may be provided by the Convention of the Diocese where his cure lies"; it is hereby made the duty of the Vestry of each Parish or Church, to provide a suitable and substantial book, which book shall be the " Parish Register "; which shall be kept by the Minister of the Parish or Church, and left, upon his death or removal, for the use of his suc- cessor. It shall be the duty of every Minister, in making the records, to specify the name and date of birth of each child baptized, with the names of the parents and sponsors ; the name of the adult baptized and the witnesses ; also the name of the officiating Minister ; the names of the persons confirmed, and the name of the Bishop who performed the rite ; the names of the Communicants in the Parish or Congrega- tion, with the incidents of removal, death or discipline; the names of the parties married and the name of the officiating Minister; the names and ages of the persons buried, as also the time when and place where each rite was performed.
Every Minister shall also make out and continue, as far as practi- cable, a list of all the families and adult persons within his cure.
Canons I., II., III., IV., 1790. Amended, 1835, 1873.
CANON XXVIII.
Of the Standing Committee.
Whereas, by Canon 2, §i, Title III., of the Digest of the General Convention it is required that, "In every Diocese there shall be a Standing Committee, to be appointed by the Convention thereof, whose duties, except so far as provided for by the Canons of the General Convention; may be prescribed by the Canons of the
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CANONS OF THE DIOCESE OF MARYLAND.
respective Dioceses"; therefore in addition to the Canons of the General Convention and the provision of the 9th article of the Con- stitution of the Diocese of Maryland touching Standing Committees, it is hereby declared that the Bishop shall have power to call special meetings of the Standing Committee at such times and places as may appear to him to be necessary and expedient; and also, that if from any cause, the Annual Convention should not be held at the appointed time or if such Convention should be held but no election be made, then the last Standing Committee elected shall continue to perform the duties of the office until a new election takes place. It shall be the duty of the Secretary of this Committee to keep a faithful record of all its proceedings; which record, together with all records in their hands, relative to the Church, shall be subject to the examination of the Bishop. They shall annually make a report to the Convention of their official acts.
Canon XXIX., 1847. Amended, 1873. Last two sentences added 1876, Journal, p. 50, 51.
CANON XXIX.
Of Vacant Parishes or Congregations.
SEC. 1. When a Parish or Congregation becomes vacant, it shall be the duty of the Vestry forthwith to give notice thereof to the Bishop or, if there be no Bishop, to the President of the Standing Committee.
SEC. 2. It shall also be the duty of the Vestry to make suitable provision for the due and regular performance of Divine Services and for such ministerial acts as may be required during the vacancy. Should the Vestry fail, through neglect or inability, for the space of one calendar month, to make such provision, it shall then be the duty of the Bishop or, if there be no Bishop, of the President of the Standing Committee, to take such order for the temporary supply as in each case may be practicable; and it shall be the duty of the Vestry of the Parish or Congregation thus supplied to defray the reasonable expenses thus incurred.
Canons of 1800, 1812, 1835, 1847, 1848, 1888. See Journal, 1888, p. 18, for present Canon.
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CANONS OF THE DIOCESE OF MARYLAND.
CANON XXX.
Providing the Elements of the Holy Communion.
In every Parish or Church, the Churchwardens, if required by the Rector, shall provide the elements of bread and wine for the Holy Communion.
CANON XXXI.
Of the Deputies to the General Covention.
SEC. I. At the Annual Convention immediately preceding the meeting of the General Convention, there shall be elected by ballot, four Clerical and four Lay Deputies to said General Convention, who shall receive a majority of the votes of the Convention.
SEC. 2. Immediately after the election of said Deputies, there shall be elected by ballot, four Clerical and four Lay Alternate Deputies.
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