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Freland, Church of.
The Irish Church was, until lately, united by law with the English Church, which in organisation it very closely resembled. Two of its archbishoprics (Tuam and Cashel), with several bishoprics, were suppressed in 1833, and large powers were vested in the Commissioners of Church Temporalities, by whom the tenure of the church lands was almost entirely changed into fee farm. Under other Acts tithes were commuted into rent-charges.
In 1869 the Church of Ireland was disestablished. All privileges of sitting in Parliament were taken away from the Bishops; and the vested rights of lay members of the church were simply ignored. But in other respects vested interests were compensated. Thenceforward the Irish Church was free to hold her own assemblies and to revise her own laws; and she now has a complete and ably-devised system of representative self-government by means of a general synod, diocesan synods, and parish vestries. Since 1869 re-endowment has been going on, and large funds are now held by the representative church body in trust for the Church. It is computed that the purchase of life-interests of the clergy (together with the cost of the commission and the other large items of expense) has absorbed fully two-thirds of the entire capitalized property of the Irish Church. The disposition of what remains is to be decided by Parliament at a future day. (32 & 33 Vict. cap. 42, sec. 68.)
Judicial Committee (Privy Council). The Court of Delegates and Commissioners of Review having been abolished, the Judicial Committee of the P. C. is in effect the highest ecclesiastical tribunal and Court of Appeal. It will be observed that the Judicial Committee does not make the decree or order. Its function is to advise the Queen in Council, and its advice being accepted by the Crown, judgment
is given accordingly. It cannot be believed that any branch of the High Court would take upon itself, by mandamus or prohibition, to attempt to coerce the Queen in Council.* As regards the rank and the legal eminence of its members, this Court is the first in the empire. In a lately published letter the Bishop of London wrote: "Never, probably, has a tribunal sat so strong and unimpeachable in the number, ability, and integrity of the Judges and assessors as that which pronounced the decision" [in Mr. Ridsdale's Case.]
By the Appellate Jurisdiction Act, 1876, episcopal assessors were provided, according to a rotation which has been fixed by Order in Council. (Guardian, 6th and 13th Dec. 1876.)
or Table of Lessons. By stat. 34 & 35 Vict. cap. 37, the Prayer Book (Tables of Lessons) Act, 1871, the revised Tables of Lessons are authorized to be used. All Acts relating to the Prayer Book are to be construed to refer to such book as altered by this Act; and the new Tables are to be printed and published in future editions of the Prayer Book. By the schedule the Bishop is empowered to order other lessons and other psalms to be substituted for those appointed to be read. "Provided that the Table of Lessons hitherto in legal use may at any time prior to the first of January, one thousand eight hundred and seventy-nine, be followed in lieu of the table hereby substituted therefor; and provided that the occasions whereon power to alter the appointed psalms and lessons is, by the schedule to this Act, committed to the ordinary, shall be all occasions whereon the
* The suggestion is made by Mr. Finlason in a note to his edition of the Judgment in Mr. Ridsdale's Case, a judgment which he seems to think liable to be reversed or disregarded by a Court of lower status.
ordinary shall judge that such alteration will conduce to edification."
Strictly speaking, in reading the lessons the minister is bound to follow the text; yet it is clear that he may, with little risk of censure, omit or change a word from feelings of delicacy. (Newberry v. Godwin, 1 Phill. Eccl. R. 282.)
(1.) Patent under the Great Seal are issued to signify the election of a Bishop under stat. 25 Hen. 8, cap. 20. Stamp duties on such letters are imposed by the Stamp Act, 1870.
(2.) Dimissory are required by Can. 34 to be produced by a candidate for holy orders from the Bishop of the diocese in which he has been resident, to another Bishop to whom he applies for ordination.
(3.) of Orders are directed by Can. 137 to be exhibited by every clergyman at the first Bishop's visitation: nor should a curate be admitted to officiate in another diocese without producing the same. And by Can. 39 such letters should be produced to the Bishop before institution to a benefice. It is advisable that a clergyman going even temporarily to another diocese should take this document with him.
(4.) of Request may issue from a Bishop or his Chancellor to the Provincial Court, on which a cause is transferred to and is heard by the Superior Judge. It has been lately decided that the Court of Arches is bound to try any cause so coming before it. Judgm. 201.)
The licensing of curates is now chiefly regulated by the stats. 1 & 2 Vict. cap. 106, and 28 & 29 Vict. cap. 122. Although the language of sec. 98 of the firstmentioned Act is obscure, it would appear from that section that the Bishop may revoke "any licence granted to any curate." But there is an appeal to the
Archbishop, whose decision is final. The Bishop will not grant a licence to any clergyman to do duty in the parish of another without the consent of the latter; and it seems that if the incumbent, after so consenting, quit the benefice, his successor may signify his dissent, and thereby prevent the licensed clerk from further officiating. (Richards v. Fincher, L. Rep. 4 A. & Eccl. 255.)
Licenses for marriage are noticed under MARRIAGE, and licenses for alterations in a church, &c., under FACULTY.
Licenses for non-residence on the benefice are regulated by 1 & 2 Vict. cap. 106, ss. 32 to 51. In this case there is also an appeal to the Archbishop of the province.
A licence or dispensation to hold two benefices can only be granted, and on certain conditions, by the Archbishop of Canterbury.
It was decided in the case of Mr. Liddell that two candlesticks may lawfully be placed on the Holy Table; but a strict distinction is to be drawn between the possession of these articles and their ceremonial use or introduction into the services of the Church. Thus it is not lawful to light candles immediately before or during, and as subsidiary to, the administration of Holy Communion. This was decided, reversing the judgment of the Court of Arches, in Mr. Mackonochie's Case. In the case of Mr. Wix several candles stood on a retable or ledge behind the altar, and a large candlestick was placed on the ground, on each side of the altar. These lights as being "actively employed as part of a ceremony" were condemned by the Court of Arches. As was also a large candle or “paschal taper" lighted "as a matter of ceremony" in the case of Mr. Purchas. Briefly, the result of these decisions is, that candles may not be lit unless they are required for the purpose of giving light.
A prerogative writ, by which the High Court directs inferior Courts to hear causes or otherwise do justice. (Steph. Comm.)
In the case of Dr. Hampden, Bp. elect of Hereford, the Q B. (being equally divided) declined to issue a mandamus to direct that objectors to the election of the Bishop should be heard. In Mr. Poole's Case the Court directed Archbishop Sumner, who admittedly had the fullest powers in the matter, to hear Mr. Poole before deciding against him.
This is too extensive a subject to admit of more than very brief mention here-the summary in Phill. Eccl. Law occupying more than 120 pages. Scotland and Ireland have their special laws; and the law in England is chiefly contained in the Marriage Act, 4 Geo. 4, cap. 76, which repealed most of the laws then in force. This Act provides for publication of banns; and where the persons live in different parishes, banns must be published in both. If a false name be designedly given, the marriage is null and void. (Wood's Case, 4 Sw. & Tr. 267.) By a Supplemental Act, 6 & 7 Wm. 4, cap. 85, marriages may take place, without banns or licence, on a Registrar's certificate. It is the minister's duty to assure himself that the parties are of full age, or that the consent of parents is given, before marrying them, otherwise he violates Can. 62.
The proper time for the publication of banns is just after the Nicene Creed; but if there be no morning service, then just after the second lesson at evening service. (Blunt, 129.) Banns remain in force for three months only after the last publication.
In addition there are the two kinds of ecclesiastical licence for the solemnization of marriages, (1) the licence of the Bishop; for marriage in a parish church,