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A licence from the Bishop, or his Chancellor, giving consent to some alteration in church or churchyard. The most common kind of faculty is for the erection or removal of a gallery, pew, organ, or monument. Undoubtedly, the rule is that no change may be made in the structure, furniture, or decorations of the church without a faculty; but the maxim de minimis non curat lex has an extensive application; and it can hardly be regarded as necessary to apply for a faculty before putting up an ordinary tombstone, or making any other slight change of no structural moment. On the other hand, the building of a vault is a structural change for which a faculty is requisite.
In granting or withholding a faculty the Bishop or his official will regard the wishes of the parishioners, giving them-by citation—the opportunity of objecting and will also see that the expense of the proposed change-as where an aisle or chancel is to be builtis likely to be provided for.
In Mr. Ridsdale's Case a faculty had been obtained for an open metal screen only; but a crucifix being superadded, the Court of Arches, and, on appeal, the Final Court, directed the removal of the latter, intimating that, apart from the fact of the faculty being silent as to that ornament, it was not one that could properly be licensed by the Bishop.
It does not follow that where an ornament has been placed in the church without any legal authority, it may be removed at the will of the churchwardens. (Durst v. Masters, 1 P. Div. 373.) In such case no step should be taken without consulting the Bishop. A faculty is not required to enable a Dean and Chapter to make alterations in their cathedral. (Exeter Case, Phill. Judgm. 343.)
A faculty has lately been granted by Dr. Tristram, Chancellor of London dio., for the sale and removal of a large picture from St. Peter's, Eaton Square.
Also a faculty for turning a disused churchyard into a public garden and recreation ground under proper control. Also faculties for the conversion of small portions of other disused graveyards into pathways. (St. George's in the E. 1 P. Div. 311.)
The fees payable to the Bishop's Chancellor and officers on a faculty amount to five guineas, and there is a stamp duty of 10s. in addition. But in the case of a faculty under sec. 14 of P. W. R. Act the authorized fee is only two guineas.
to the Clergy and to Ecclesiastical officers. These are regulated partly by custom and partly by statute.
(1.) Fees to the Clergy.
It is stated elsewhere that customary fees are payable on marriages and on burials; but that on a baptism, or the registry thereof, no fee is payable.
On searching a register book of marriages the fee is prescribed by 6 & 7 Wm. 4, cap. 86, sec. 35, as follows:-For a search extending over not more than a year, Is., and 6d. more for every additional year. A later Act gives the incumbent a fee of 6d. for every duplicate entry for the Superintendent Registrar.
On giving a certificate or certified extract of any register the proper fee is 2s. 6d., in addition to stamp duty of Id.
On a certificate of the baptismal name, given to correct an entry in the civil register of births, the fee is Is. only.
The fee for permission to erect a monument or memorial (which no parishioner can erect without leave) depends on the local custom. If the fees are uncertain, or of unreasonable amount, the proper course is to apply to the Eccl. Commissioners to fix a Table of Fees, which, with consent of the vestry, they have power to do under sect. II of stat. 59
Geo. 3, cap. 134. by the Diocesan sec. 15.
Parochial fees may also be revised
(2.) Fees to Officers of the Diocese.
The fees to the Bishop's Officers on an Ordination amount to £2 7s.
The fees to the Chancellor, Bishop's Secretary, and other officers on institution to a living, or nomination to a perpetual curacy, were fixed in 1857 under the authority of Parliament. Another Table directs small fees to be paid to the Archdeacon's officers on induction to a benefice.
On a licence for non-residence there are fees amounting to about £1 to the Bishop's officers, under sect. 47 of 1 & 2 Vict. cap. 106.
The fees to the Bishop's officers on consecration of a church or burial ground were fixed in 1869. They vary from ten to twelve guineas. The same Table fixes the fees on a faculty for alteration in church or churchyard at five guineas. These are, of course, exclusive of any duties to the Crown.
An Order in Council of 28 June, 1875, fixes the fees on proceedings under the P. W. R. Act, 1874. Fees to surveyors and others have been fixed under the Dilapidations Act, 35 & 36 Vict. cap. 96.
Unquestionably churchwardens may now, if they think fit, take advantage of the absence of a church rate and a want of church funds to escape the fees on a visitation. (Veley v. Pertwee, L. Rep. 5 Q. B. 573.)
Recently, in a case where the income of the living was inadequate, the Diocesan Chancellor assigned to the rector the fees customarily payable to deputyclerk and sexton, which offices were in abeyance and unnecessary. (In re St. George's, Consistory of Lond. Aug. 9, 1877.)
For fees on obtaining a faculty, vide FACULTY.
It is important to add that, under Can. 136, there
must be a Table of Fees visible in every Consistorial Court and Diocesan Registry.
By Can. 81 it is directed that a stone font shall be in the "ancient usual place" [i. e., near a western entrance] in which only font the minister shall baptize publicly. Where a church is disused or desecrated by reason of the union of the parish with another, the font ought to be transferred to the latter. (34 & 35 Vict. cap. 90, sec. 5.) Or where the site, &c., is desecrated under stat. 23 & 24 Vict. cap. 142, which applies only to London, the font, as also the Holy Table and communion plate, may be transferred to any other church in the diocese, as the Bishop may direct.
Glebe-house: Vide RESIDENCE.
Holy Table: Vide ALTAR.
These days, enumerated in the rubric before the Common Prayer, have also been defined as days for which special collect, epistle, and gospel have been appointed. On the holy-days and their eves there should be prayers in church, by Can. 14.
Can. 64 directs the minister to declare a holyday to the people on the Sunday preceding; and Can. 13 directs the observance of these days by the people.
The Church holy-days will be distinguished from Bank-holidays under the two Acts for which Sir J. Lubbock is responsible-34 & 35 Vict. cap. 17, and 38 & 39 Vict. cap. 13. The days to be kept under these Acts in banks and in many public offices are as follows:-Easter Monday, Monday in Whitsun week, the 1st Monday in August, and the 26th of December, or, if that be a Sunday, the 27th of December.
The burning of incense during the Prayer of Consecration being charged against Mr. Mackonochie, the Court held that this was a ceremony additional to those directed by the Book of C. P., and as such illegal. Afterwards, in the case of Mr. Wix, it appeared that the incense had been burnt during an interval between the two services. But the Court again held it to be illegal, as it was "intended to be subsidiary and preparatory" to the celebration. (Phill. Judg. 152.)
to a benefice takes place under the Bishop's mandate to his Archdeacon or other authority in the diocese, and it may be described as personal entry into the. benefice by investiture or corporal possession." (2 Steph. Comm. 687.) It is said to be advisable to evidence this by a written instrument-(Phill. Eccl. Law, 486)—which is not now liable to stamp duty. A perpetual curate need not go through the form of induction. The new incumbent must, on the first Sunday of his officiating, or, with the Bishop's consent, on some subsequent Sunday, openly before the congregation read the Thirty-nine Articles, and make the declaration of assent thereto. (28 & 29 Vict. cap. 122, sec. 7.)
An order made by a superior Court staying process in an inferior. Cans. 96, 97, direct that an inhibition shall be subscribed [signed] by an advocate or a proctor, and issued only according to law. Inhibition. usually issues when there is an appeal, to stop process in the Court appealed from.
Inhibition may also issue, under sec. 13 of P. W. R. Act, to compel obedience to a monition.