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recently decided cases. on ceremonial a rule has again and again been referred to; and it has received the sanction of the final Court of Appeal. It may be stated thus :-that anything in the nature of ceremonial which has been omitted from the rubrics is prohibited thereby. In other words: the directions given in the Book of C. P. as to ceremonial are complete and exhaustive, and they are to be read as excluding all that is not mentioned.
On the principle that no ceremony is to be added, the Final Court has decided that although there be candlesticks, which are not unlawful, they must not be lighted when not required for light; nor can they be lighted at such a time as that the lighting of them forms a part of the ceremonial.
In the same way a cross is not an unlawful architectural feature of the chancel; but if any use were made of it in the way of ceremony, that would be unlawful; and the possibility of adoration being paid to a crucifix was much relied on in the judgment of the Arches Court (affirmed by the Judicial Committee P. C.) in Mr. Ridsdale's Case. For that reason it was held to be an unlawful ornament. The groups surmounted by a cross on the reredos at Exeter Cathedral were, on the other hand, allowed, because, as architectural decorations, it was deemed that they were not liable to misuse,—were not likely to give rise to ceremonial observances. (Exeter Cathedral Case, L. Rep. 6 P. C. 435.)
Or certified copy of, or extract from, an entry in register of births, baptisms, marriages, or burials. On giving such, the usual fee for which is 2s. 6d., the clergyman should be careful to affix and cancel the inland revenue stamp of one penny. Persons are allowed to search the register books on payment of the following fees to the incumbent: Is. for a single
year, and 6d. for each year additional. (6 & 7 Wm. 4, cap. 86.)
Where a marriage is after banns, and the parties live in different parishes, a certificate of the banns is required by the rubric.
A certificate of the baptismal name for the purpose of making a correction in the register of births may be given by the incumbent (his fee being Is. thereon), as provided by stat. 37 & 38 Vict. cap. 88, sec. 8. Vide ERROR: LETTERS: MARRIAGE.
The chalice (or chalices) must, it is conceived, be of metal like the flagon. (Can. 20.)
It was charged against Mr. Mackonochie that he had mixed water with the wine used in the Holy Communion. The Dean of Arches held that such mixing "may not take place during the service, because such would be a ceremony designedly omitted in, and therefore prohibited by, the rubric."
In the case of Mr. Purchas, the mixing of the water took place before, and not as a part of, the ceremony; and the Dean of Arches on this ground pronounced in its favour. On appeal, however, the Judicial Committee P. C. reversed this part of the judgment, and declared the practice illegal. The "mixed chalice" is, therefore, contrary to the law of the English Church.
The choir or (where orientation has been observed) the eastern portion, of the Church. This was formerly separated from the nave by a lattice, cancellum, which developed into a heavy architectural screen surmounted by a rood. The chancel is so closely associated with the property in the great tithes of the parish that if there be a lay rector or impropriator he is supposed to keep in repair the chancel, in which he
is by the common law entitled to the chief or only seat. In a rectory the obligation to repair the chancel lies upon the rector, and not on the parishioners. A lay-rector cannot prevent the vicar from entering the chancel, and using it. (33 L. J. (N.S.) Q. B. 29, 181.)
No incumbent should erect a screen or division between nave and chancel, shutting off the latter, without a faculty; and while it is doubtful whether a screen in any degree likely to intercept the view would now be sanctioned, it is quite clear that a screen surmounted by a crucifix is unlawful. (Mr. Ridsdale's Case, P. C., 1877, vide Appendix.) There seems to be no objection to a low wall with gates, separating the chancel or choir from the nave or body of the church.
Chancellor, Lord High,
As representing the Sovereign is visitor of certain royal and collegiate chapels; also of hospitals and other foundations exempt from episcopal jurisdiction. He has also by usage the right of presenting to a number of Crown-livings. An Act of 1863 gave facilities for the sale of some of these with a view to the better endowment of others, the details of sale to be under the charge of the Secretary of Presentations. (26 & 27 Vict. cap. 120).
The Chancellor is ex-officio a member of, and usually presides in the Judicial Committee P. C.
The judicial officer of the Bishop, appointed by him, and now usually holding the double appointment of Vicar-General and Official Principal. Can. 127 prescribes the qualification for this official, who must be "learned in the civil and ecclesiastical laws." The Court of this official is the Consistorial Court. His remuneration is by fees on the issue of faculties,
* In some dioceses there is also a Chancellor of the Cathedral, a clergyman without legal jurisdiction.
licences, etc.; and the amount of these fees has been fixed in late years by authority of Parliament. FEES.
The Diocesan Chancellor appoints his deputies, known as surrogates, whose chief duty is the issue of marriage licences, and whose appointment is regulated by stat. 4 Geo. 4, cap. 76.
The chief judicial officer of Canterbury is the Dean of Arches. Vide ARCHES.
As suggested by the P. W. R. Act, 1874, the offices of Dean of Arches and Chancellor and Vicar-General of York, being resigned by their holders, Sir R. J. Phillimore and Mr. G. V. Harcourt, were conferred on the Judge appointed under that Act, Lord Penzance, to whom therefore lies the appeal from all the Consistorial Courts.
The Ecclesiastical Court of the Isle of Man alone retains that old jurisdiction in probate and matrimonial causes, which has under modern statutes been transferred from the other Courts to the Probate Division of the High Court.
Although recognised by Can. 71, are strictly speaking outside of the system of the Church, which anciently provided the cathedral for the whole diocese, and the parish church for each locality therein. From a variety of causes has arisen a third category of sacred edifices, neither cathedral nor parochial, all of which may be counted as chapels. They are of various kinds, some of them being consecrated and others unconsecrated, some exempt from episcopal oversight, others, on the contrary, supplemental to the parish churches, and under due ecclesiastical rule and jurisdiction. First in dignity amongst the places of worship of the third, or miscellaneous category, are certain royal and collegiate structures, such as Westminster Abbey and St. George's Chapel, Whitehall, and the Savoyall connected with present or former palaces of the
Crown. These head the long list of miscellaneous chapels, at the foot of which stand unconsecrated edifices, and mission rooms, used only by virtue of the Bishop's licence.
The chapels of Colleges and of the Inns of Court are governed by separate rules, and they may be regarded as coming within the proviso in Can. 71. Again, the chapels of public and endowed schools, although declared to appertain to the Church of England, are exempted from the control of the incumbents of the respective parishes by stats. 31 & 32 Vict. cap. 118, and 32 & 33 Vict. cap. 86.
The Lord Chancellor is at law the visitor of many free and exempt chapels attached to present or former royal residences, and other public or quasi-publicedifices, which, if not erected by former sovereigns, were made over to the Crown in the 16th century.
Chapels-of-ease, in which the Sacraments were not usually administered, are now replaced by new parish and district churches. Generally speaking the rector has control over a consecrated or licensed chapel, and may prevent any clergymen not approved by him from officiating therein.
The Bishop may license clergymen to chapels attached to colleges, schools, hospitals, asylums, etc. (free from the control of incumbents), under the Private Chapels Act, 1871, which is set forth in the Appendix to this volume. The law as to proprietary, free, cemetery, garrison, and other chapels will be found in Phill. Eccl. Law, p. 1183, also p. 1821 et seq. Collegiate churches are within the terms of the P. W. R. Act, 1874.
A clergyman whose sphere of duty as such is in a chapel. Stat. 8 Hen. 8, cap. 13, enables Princes and others of the Royal Family, noblemen and certain dignitaries, to appoint chaplains; but this statute being repealed the privilege of appointing private