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shall be said or sung on the days appointed to be kept holy and their eves; and Can. 15 directs that on Wednesdays and Fridays weekly, though they be not holidays, the minister (after tolling of a bell) shall say the Litany. No parishioner could require public worship to be said, except on the days specified by the canons, as on other week days the incumbent is free to be absent or otherwise "hindered."
The Bishop may, in his discretion, direct a third or additional service on Sundays and great festivals, and for this purpose may direct that an additional curate be engaged and licensed. (Stat. 58 Geo. 3, cap. 45, sec. 65.)
Under the Acts of Uniformity the form of worship directed by the Prayer Book, and no other, is to be used; but it is lawful to add thereto "any psalms or prayer taken out of the Bible." By the Act of Uniformity Amendment Act, 1872, a shortened form for morning prayer or evening prayer may be used on any day except Sunday, Christmas Day, Ash Wednesday, and Good Friday. This Act will be found in the Appendix.
The incumbent is responsible for all that other clergymen may do in the course of divine service in his church with his sanction or permission. (Parnell v. Roughton, L. Rep. 6 P. C. 46.)
The mode of conducting divine service has been very minutely considered of late years in the cases of Mr. Liddell, Mr. Mackonochie, Mr. Purchas, and Mr. Ridsdale. Most of the conclusions arrived at by the Courts in these cases will be found noted under the heading COMMUNION, HOLY, and the residue under the headings ALMS; LIGHTS; VESTMENTS.
The penalties anciently imposed on persons absenting themselves from church were put an end to by stat. 9 & 10 Vict. cap. 59.
While a benefice is vacant a sequestration may issue, under which, out of the income of the benefice, a stipend to the curate doing duty is paid, also the other expenses; and the residue is kept for the use of the future incumbent. Under a sequestration following suspension the Bishop may, after payment of all expenses, including curate's stipend, retain the residue (Re Thakeham Fund, L. Rep. 12 Eq. 494); but, presumably, he would apply this for the benefit of the parish. Sequestration is also of use in some other cases, as where the title to the advowson is in dispute, where the duty is neglected, or where the incumbent is bankrupt. (Bankruptcy Act, 1869, sec. 88.) If the sequestration continue for one whole year, the Bishop, after public notice, may declare the benefice void. (1 & 2 Vict. cap. 106, sec. 58.) The stipend to curate doing the duty in a sequestered benefice is regulated by two enactments-sec. 99 of stat. 1 & 2 Vict. cap. 106; and, where the sequestration is by reason of debt or bankruptcy of the incumbent, sec. I of the Sequestration Act, 1871.
The following is from the Commissioners' Report on the Ecclesiastical Courts :
Sequestrations issue under the following circumstances: Ist. In obedience to writs from the Courts of Common Law, whereby the Bishop is directed to levy certain sums in pursuance of the statutes regulating Q. A. Bounty. 2ndly. Under the various provisions contained in the stat. 57 Geo. 3, cap. 99 [and 1 & 2 Vict. cap. 106, which has repealed 57 Geo. 3], and in cases of outlawry. 3rdly. In pursuance of decrees or orders of the Ecclesiastical Courts in cases where clergymen are proceeded against before those jurisdictions; and, lastly, during vacancies. In all these cases, before any of the profits of the benefice can be applied in payment of debts, or for any other purpose, the service of the church must first be provided for; when this has been done, the
buildings and fences in the glebe, and the chancel also when the incumbent repairs, ought to be sustained and kept in proper order. The right of nominating the sequestrator lies with the Bishop; but when the sequestration issues on account of debts, it may often happen that the sequestration is committed. to the creditor or his nominee; in all other cases the Bishop exercises his right of nomination by selecting according to his own judgment.
Sequestration, as a punishment, is inflicted under the powers of 1 & 2 Vict. cap. 106, sec. 54, for nonresidence, and of 3 & 4 Vict. cap. 33, sec. 4, for the offences there specified. It is inflicted partly as a punishment, and partly as a means of obtaining a debt, under the powers of 1 & 2 Vict. cap. 106, sec. 67, and 34 & 35 Vict. cap. 43, for dilapidations, &c. It is the means by which an incumbent may be compelled to pay the salary of his curate; and it is generally a part or consequence of the punishment of suspension, though apparently not always necessary for this end.*
Sexton: Vide CHURCH OFFICERS.
In most rural parishes the office of sidesman (anciently synodsman) is merged in that of churchwarden. In some parishes, and especially in the larger towns, sidesmen and questmen are still elected as assistants to the churchwardens. Cans. 89, 90, relate to the election of churchwardens, sidesmen, and questmen.
Simony-Simonia-a Simone Mago (3 Inst. 153). The sale of spiritual office, or traffic in ecclesiastical employment, condemned from the earliest age of the Church, and censured by injunctions of Edward VI. and Elizabeth, was the subject of Can. 40, which imposed an oath to be taken on appointment to any *The Sequestration Act, 1871, will be found in the Appendix.
benefice. A declaration against simony was substituted by stat. 28 & 29 Vict. cap. 122, sec. 2; and a new canon passed resembling the old one, except as to the oath.
Simony, as an offence by Canon Law and Statute Law, was fully considered in the Dean of York's Case in 1840. In theory simony is an offence to be punished by the Ecclesiastical Courts. (Phill. Eccl. Law, 1133-1138.) Occasionally the hand of the Law may reach an offender (as in Lee v. Merest, Phill. Judg. 145) but in practice there is no effectual remedy so long as the sale of private patronage continues. That Acts of Parliament are ineffectual is well shown in a case where, notwithstanding 13 Anne, cap. II, a clergyman having purchased the life estate of the owner of an advowson, which afterwards fell vacant, was held justified in presenting himself to the Bishop. (Walsh v. Bp. of Lincoln, L. Rep. 10 C. P. 518.)
for churches, parsonages, or burial grounds are more readily obtained than formerly, as they may now be granted by tenants for life and by others having limited interests in property, under the Sites Act of 1873, which is set out in the Appendix to this volume.
Where through union of parishes the site of a church is no longer required, it is to be fenced and preserved, except in the Metropolis, where the sale and desecration of a site is expressly authorized by stat. 23 & 24 Vict. cap. 142.
The Supremacy of the King or Queen of England, as temporal head of the English Church, is declared by numerous statutes. The oath of supremacy, as set forth in statute 21 & 22 Vict. cap. 48, also expressed
this fully; but the form of oath has been considerably shortened by stat. 31 & 32 Vict. cap. 72, and now stands as an oath of allegiance only, as follows :
"I, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors according to law. So help me God."
A Bishop on his appointment "does homage" to the Sovereign in ancient form, and also takes an oath. The absolute right of the English Sovereign to appoint Bishops was illustrated in the cases of Dr. Hampden (see of Hereford, 1848) and Dr. Temple (see of Exeter, 1869).
By ancient custom the profits of a Bishopric while vacant are receivable by the Crown. The Sovereign was substituted for the Pope at the Reformation as visitor of colleges, hospitals, and other places theretofore exempt from episcopal visitation (25 Henry 8, cap. 21); and all royal and free chapels are also "visited" by the Sovereign or his Chancellor; as are also many collegiate chapels (e.g., Westminster Abbey and St. George's, Windsor) which are also free from episcopal jurisdiction.
To the Sovereign in Council is the final appeal in ecclesiastical causes. Vide JUDICIAL COMMITTEE OF
Convocation cannot assemble, and after assembling cannot pass new canons, without the royal licence. This licence has been granted in some recent instances. Vide CANONS.
The Stamp Act of 1870 shows the amount of duty payable on various instruments. Some of the duties are as follows:
On a licence licensing any chapel for solemnization of marriages, 10s.