페이지 이미지

right of succession being appointed. Stat. 32 & 33 Vict. cap. III. Sect. 12 contains special provisions for resignation by an Archbishop. The Act was made perpetual by stat. 38 & 39 Vict. cap. 19.

The title "Lord," although it may originally have been given to Bishops by virtue of their temporal status as peers of Parliament, is now applied by courtesy to suffragans and to retired Bishops; and it is in fact in use in Ireland, where the church is no longer "established."

A Bishop's charge to his clergy is at law a privileged communication, on which an action for libel cannot be grounded. (Laughton v. Bp. of Sodor, &c., 21 W. R. 204.)

The Bishop may send forward any suit by letters of request to the Provincial Court. (Phill. Judgm. 201.) As visitor of his cathedral he may judge as to the legality or otherwise of an ornament, etc.; but there is an appeal to the Court of Arches. (Exeter Case, Phill. Judgm. 343.)

A Bishop is bound to state some reasonable cause for refusing to institute a clerk presented to him for a benefice. In Mr. Gorham's Case the Bishop having refused to institute, his reasons for the refusal were considered, and his decision reversed, by the Judicial Committee P. C. This case Sir R. Phillimore regards as the most important which has ever come before the Courts. A lectureship is in a different position, for here the Bishop's "approval" is required, which may be withheld without assigning any reasons. (Phill. Eccl. Law, 411-435.)



All parishioners have well-known rights as to burial, if there be a churchyard in use; and the amount of the fees thereon will depend on local custom. Strangers to the parish have, in general, no such right; although in the case of a dead body thrown by the sea on the shore of a parish, interment is provided for by stat. 48 Geo. 3, cap. 75.

The minister is directed by Can. 68 to officiate after he has received "convenient warning," the length of which is nowhere prescribed, as it must be regulated by the circumstances of the case. He is not by law obliged to officiate where the deceased has died excommunicate, or unbaptized, or has been duly found felo de se. After much discussion, it was finally settled in the case of Mastin v. Escott (4 Moo. P. C. Rep.) that baptism although irregular, ie., performed not by a clergyman, is valid, and must be recognised. As a rule there cannot be burial in an English churchyard without performance of the burial service. (Sir J. Nicholl in Kemp v. Wickes, 3 Phill. Rep. 295.) No person whatever may take any part in the service without the incumbent's permission. The ringing of bells on these occasions is limited by Can. 67 to one short peal after the death, and another before, and another after interment. The officiating clergyman ought not to bury without asking for the usual certificate from the registrar or the coroner; and if this be not produced at the time, the clergyman must, within seven days after the burial, give notice thereof to the registrar. (6 & 7 Wm. 4, cap. 86.) The omission to give this notice renders him liable to a penalty. (37 & 38 Vict. cap. 88, sec. 17.) This notice should be in writing, but it is not required to be in any special form. There is no absolute right anywhere to erect a tombstone or other memorial without the incumbent's consent; and if this be not of the simplest form, a faculty should be asked for. But a

monument once erected, with or without due authority, cannot be removed without a faculty. Nor can a grave be opened for removal of its occupant without a faculty, or an order from the Home Secretary, under a penalty. (20 & 21 Vict. cap. 81, sec. 25.) The law as to burials and monuments is set forth in the Churchwarden's Guide,' and in Phill. Eccl. Law, 855-880. The register of burials to be kept for every churchyard is regulated by 52 Geo. 3, cap. 146, by sec. 3 of which the incumbent is bound to make the proper entries within seven days after the burial.



Canons Ecclesiastical.

The "Constitutions and Canons Ecclesiastical" may be described as the laws made for her own regulation by the Church. They were made in Convocation, with the consent of the Sovereign as temporal head of the Church. The Canons of 1603, as being numerous and relating to important matters, are usually called "the Canons," although they purport to affect the province of Canterbury only. Other English canons are few and unimportant. As to how far several of the canons are binding, or may now be disregarded as obsolete, each clergyman must decide according to his conscience. The laity of the English Church are under some obligation to respect the canons, which may not be despised and contemned" without incurring censure; but as a matter of law the laity have been frequently held not to be bound by the canons. (Cases cited in Phill. Eccl. Law, 1959.)


The royal licence has of late been twice granted to Convocation to alter certain of the Canons of 1603. A new canon recently made under royal licence repeals the prohibition contained in Can. 29, according to which parents could not be sponsors to their children; but this was not adopted by the Convoca

tion of York. Again, the canons have been altered which prescribe the oaths of allegiance, supremacy, etc., declarations being substituted, in both provinces, Vide CONVOCATION: OATH.


The central or parish church, in very ancient times the only considerable church, of the diocese, and the seat of the Bishopric. When the church becomes the seat of a Bishopric, the town, as in case of Manchester, St. Alban's, and Truro, is raised to the dignity of a city. The cathedral is governed by its own clergy, the Dean and Capitular body, who may make alterations in the fabric without any licence from the Bishop. Yet the Bishop has a certain jurisdiction over them, and he may hold a visitation, when he may determine any question as to the lawfulness of decorations set up in the building. In such case an appeal lies to the Court of Arches. (The Exeter Case, L. Rep. 6 P. C. 435; Phill. Judgm. 343.) The Archdeacon, though he may have a stall in the choir, has no jurisdiction over the cathedral. It should be added that as regards the internal government of a cathedral, there is no uniform law. statutes of the cathedral and the local customs must be considered.* As a rule, the conduct of divine service is with the Dean; and the Canons, Precentor, and other ministers, by whomever appointed, are under his control. In all cathedrals copes are to be worn during celebration of Communion. (Can. 24.)


The P. W. R. Act, 1874, applies to cathedrals, and proceedings under the Act may be taken by three inhabitants of the diocese, being (or rather declaring themselves to be) members of the church (ss. 8 and 17).

* As to the claim of non-resident prebendaries to act as members of the chapter, vide Randolph v. Milman, L. Rep. 2 C. P. 60, also 4 C. P. 107.


In the Exeter Case it was decided that sculptured groups representing the Ascension and the Transfiguration, may lawfully appear on the reredos of a cathedral. A baldacchino, or canopy, over the Holy Table is an unlawful ornament. (White v. Bowron, L. Rep. 4 A. & Eccl. 207.)

Celebration: vide COMMUNION, HOLY.


A public burial-ground which is not parochial. These are for the most part regulated by the Cemeteries Act, 10 & 11 Vict. cap. 65, which provides for the consecration of part of the enclosure, and the erection of a chapel thereon. By another Act, power was given by Order in Council to close burial-grounds in the metropolis-by stat. 15 & 16 Vict. cap. 85, an enactment extended to other cities and towns by 16 & 17 Vict. cap. 134. The burial fees, when the parish ground is closed, and a cemetery is used instead, are regulated by ss. 32, 33, and 35-39 of 15 & 16 Vict. cap. 85. Facilities are given for obtaining ground, and consecrating churchyards, by later enactments. (Phill. Eccl. Law, 853 et seq.)


A ceremony is thus in law distinguished from a rite: the latter consisting in services expressed in words, while ceremonies consist in gestures or acts, preceding, accompanying, or following the utterance of words. (Phill. Judg. 20.)

The framers of our Book of C. P. were careful to explain that, with forethought and deliberation and not at random, some ceremonies were abolished while others were retained. Their wish was to fix precise limits, so as not to allow of general freedom and licence to the clergy as to retaining portions of the old ceremonial and discarding other portions. In the

« 이전계속 »