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be consecrated without the consent of the incumbent. (Carr. v. Marsh, Phill. R. ii. p. 201.) The performance of baptism, marriage, and burials, in a chapel, existing from time immemorial, might possibly be presumptive evidence of consecration and of a composition ; aliter, as to the chapel, the origin of which is ascertained. (Moysey v. Hillcoat, Hagg. R. i. p. 50.) The herbage of a chapel-yard, and the lopping of trees in it, by law belong to the incumbent. If a person be proceeded against for cutting down timber, under 35 Ed. I., it must be by indictment at common law. (Cox v. Ricraft, Lee's R. ii. p. 373.)
CHANCELLOR, as now understood, includes the two offices of " official principal,” and “vicar general.” He is an ordinary. The proper work
official” is, to hear causes between party and party, concerning wills, legacies, marriages, and the like, which are matters of temporal cognizance, but have been granted to the ecclesiastical court by the commission of princes. The proper
work of a vicar general” is, the exercise and administration of jurisdiction purely spiritual, by the authority and under the direction of the bishop; as visitation, correction of nuisances, granting institutions, and the like, with a general inspection of men and things, in order to the preserving of discipline and good government in the church. (Mant. xx. n. e.) CHURCHWARDENS. Their election is, generally, regulated by the
The parishioners, however, may have a right, by immemorial custom, of electing both. (Commissioners on jurisdiction of Ecclesiastical Courts, p. 118.)
Where the incumbent has the right to nominate one, the curate, in his absence, stands in his place, and may make the presentment; (2 Stra. 1246) but where the incumbent is under the sentence of deprivation, the right to choose both results to the parishioners. (Carth 118.) The mode of election is first by a show of hands, and if this be not acquiesced in, then by a recourse to a poll. (Anthong v. Seager, 1 Hag. Can. 10.) Where the original notice for convening a meeting to elect churchwardens stated that such meeting would be held in the church, and if a poll were demanded, would be adjourned to a specified place, it was held that the chairman might make such adjournment, though against the sense of the majority; but where business at a meeting is in progress, without such notice, the meeting, and not the chairman, has the power to adjourn. (R. v. Archdeacon of Chester, 1 Add. and Ell. 342.) As to the mode of election, see R. v. Bishop of Winchester, 7 East. 573; 4 B. and C. 449. Closing the vestry doors to exclude voters is illegal. When elected, the ordinary cannot refuse to swear them. When two sets appear, each bearing a colourable title, both must be sworn. (5 Nev. and Mann. 494, 3 Add. and Ell. 615.) No fee can be demanded for administering the oath. (1 Salk. 330.) Churchwardens cannot interfere in the administration of divine service, their duty being one of observation and complaint only. (1 Hag. Con. 170.) When a strange minister is about to preach, on his presenting his letters of orders, their duty ceases, they cannot prevent him. They have the keys of the belfry, and are to take care that the bells
be not rung without proper cause. (Canon lxxxviii. See above, article Bells.) They have only the custody of the church under the minister; if he refuse access to the church on fitting occasions, complaint must be made to a higher authority. (3 Hag. 173.) They cannot obstruct or prohibit the form of singing, for even if the minister introduces any irregularity, they cannot interfere, their duty is to complain to the ordinary of his conduct. But if anything like grossly offensive conduct arising from natural infirmity or irregular habits were to arise, they may be justified in interfering, and indeed so would any private person. (1 Hag. Con. 174.) As soon as a church warden ceases to inhabit the parish, his place must be supplied. (1 Hag. Con. 383.) Churchwardens, without consent of vestry, cannot dispose of any goods belonging to the church. (Wats. c. 39 ; 1 Burn. E. L. 376.) The usual mode of removing a church warden is by complaint to the ordinary. (Prid. 71.) They may also be proceeded against in the ecclesiastical court, for neglect of duty. (1 Sid. 281.)
CHURCUYARD. The freehold is in the minister, whether he be rector or vicar, (Cro. Jac. 307; Hob. 69; 1 Curt. 260), or perpetual curate, according as the cure of souls belongs to one or other of these ecclesiastical
persons. “The soil and freehold of the church and churchyard belong to the parson.” (2 Cro. 367; Com. Dig. Articl. Eglise, Geo. I.) Generally speaking, no person has a right to erect a headstone, monument, or other memorial, in the church or churchyard, without the consent of the parson, Nor, when one is erected, has the parson a right to remove a tombstone in a churchyard, the property of which remains in the person who erected it. (3 Bing. 139.) The freehold of the churchyard being in the minister, the feed and trees growing in it also belong to him.
A rector may cut down timber for the repairs of the parsonage or chancel, but not for any common purpose. He may cut timber for repairing pews that belong to the rectory, and is also entitled to votes for repairing the buildings of the parsonage. (2 Atk. 207.) If there be both rector and vicar, it may be doubted to which of them the trees or grass of the churchyard belongs. But it seems they shall belong to the rector, unless in the endowment of the vicarage it shall be otherwise assigned. (Lindw. 267.) But if the rector be a layman, the vicar has the right. (See above.) No one can make a private door into the churchyard without consent of the minister, whose freehold it is, and a faculty also from the bishop. (1 Burn's E. L.; Cade v. Newnham, 3 Phill. 90.) Neither the church wardens nor the rector can make a new path without a faculty. (Walter v. Montague and Lamprell, 3 Phill. 90.)
Case touching Churchyard, &c. QUESTIONS :
1. In whom, by the law of England, is the freehold of the churchyard vested in those parishes where the incumbent minister is vicar or perpetual curate ?
2. Has any person the right to erect a headstone in the churchyard without the consent of the incumbent minister, whether rector, vicar, or perpetual 'curate ; and is there any difference in this respect between a parish having a lay impropriator (who is owner of the great tithes, or a part of them,) and a vicar who is the incumbent minister, as in Carisbrooke, and a parish where the incumbent minister is also the rector ?
1. I am of opinion that “the soil and freehold of the church and churchyard belong to the parson,” (2 Cro. 367, Com. Dig. title Eglise,
Geo. I.); and I think the parson is the rector, vicar, or perpetual curate, according as the cure of souls belongs to one or other of these ecclesias
2. Whether in some places there may be a custom, or, as to some families or persons, a prescription to erect a headstone, monument, or memorial, I cannot undertake to say ; but, generally, I am of opinion that
any person has not a right to erect such memorial as he may think proper, (or I think any memorial,) without the consent of the parson, whether rector, vicar, or perpetual curate, and for this purpose I think there is no difference between the case of a rector and a vicar (the great tithes, or part of them, being in a lay impropriator), or a perpetual curate. Temple, Jan. 16, 1839.
FREDERIK POLLOCK. Communicated to the editor of the Evening Mail by Rev. J. B. Atkinson, perpetual curate of Cowes, and rector of Kingstone. Jan. 21 to Jan. 23, 1839.
CLERK. (Clergyman.) Proceedings against a clergyman must now be conducted according to 3 & 4 Vict. c. 86. A clergyman suspended from administration of his office for a fortnight, for words spoken during divine service; the defence that they were justifiable as reproofs not held as sustainable. (0. I. P. Cox v. Goodday, Hagg. C. R. ii. p. 138.) A clergyman, however, may call upon the church wardens to interfere, in case of any improper conduct during divine service. Preaching doctrines contrary to the articles of religion is a grievous offence, for which a clergyman may be proceeded against under the statute 13 Eliz. c. 12. (0. I. P. Bishop v. Stone, Hugg. C. R. i. p. 424.). A clergyman may be suspended for making alterations in, or omitting any part of, the divine service. (O. I. P. Newberry v. Goodwin, Phill. R. i. p. 282.) A clergyman may be punished by the ecclesiastical courts for publishing banns of marriage between persons not parishioners, nor resident in his parish, and for marrying such persons; the authority of those courts not being taken away by the marriage act, even in cases where the conduct of the minister may have been such as to render him liable to an indictment and conviction of felony. (Wynn v. Davies and Wheeler, 1 Curt. 69; 2 Wils. 79; W. Jones, 257; 6 Ves. 421.)
CLERK, (Parish.) If nominated by the incumbent, he is a spiritual officer, (Barton v. Ashton and Gray, Lee's R. i. 350); if by the parishioners, he is a temporal officer. (Ibid.) The appointment of the clerk is with the minister, unless the parish have claim by custom, such custom, however, must be proved to exist in order to deprive the incumbent of his right to appoint the clerk of the parish, for the court will not intend such custom. (Salk. 468.) The qualifications for a clerk are specified in Canon xci. It is not necessary that the clerk be licensed. (2 Roll. Abr. 286.) A parish clerk may appoint a deputy. (Str. 942; 2 Lee, 587.) A parish clerk holds his appointment for life, that is, if he demean himself properly in the discharge of his duties. An office quam diu se bene gesserit, confers on the holder all the privileges of a freehold office, amongst others, the right of voting at county elections, if his profits arising out of land amount to 40s. per annum. A parole
Calamy, Baxter, Bates, and Lightfoot. This was the Savoy Conference, which broke up in consequence of Baxter's saying, “the liturgy was too bad to be mended.” At the subsequent convocation some lessons were substituted for others less proper “for the day.” The prayers for particular occasions were disjoined from the liturgy; and those for the Ember weeks, parliament, and all conditions of men, with the general thanksgiving, were added. Several collects were likewise inserted; the epistles and gospels, but not the reading Psalms, taken from the last translation of the Bible; while the forms of baptism for riper years, and the prayers to be used at sea, were introduced. The whole received the sanction of convocation and parliament, A.D. 1661. Several of the prayers, &c. were composed by Basil, Gregory, Ambrose, and Chrysostom. One essential alteration called for and effected at the Reformation, was, the translation of the public forms of prayer out of Latin into the vernacular language of England, by which they might be made intelligible to the common people. The litany is a separate service. (Grant; Hutchinson v. Denziloe and Loveland, Hagg. C. R. i. p. 177 ; Kemp v. Wickes, Phill. R. üi.
p. 268, 269.) LORD'S DAY.
See 29 Charles II. c. 7. MEDICAL HINTS. Some excellent medical advice, on cases which may occur in the exercise of your ministry, may be found in a small work entitled “The Village Pastor's Surgical and Medical Guide, by Fenwick Scrimshire, M. D.; Churchill, London." We extract the following passages as likely to afford assistance in cases of emergency.
Burns. "In every case of burn, if present at the time of the accident, damp the fire, if the clothes be burning, by wrapping the sufferer in a great-coat, blanket, carpet, or anything else that is at hand; and then carefully strip off the clothes : but in scalds do not strip off the clothes till after the temporary application of cold, lest you should in doing so strip off the skin also, but let your first object be to immerse the part in cold water. In all cases both of burns and scalds fly first to cold applications—cold water, ice, snow, scraped potatoes, or carrot.
In mild cases nothing more may be required. In severer cases, after a few hours, the patient having been stripped, and put to bed, apply slips of rag, soaked or well spread with lime liniment, smoothly over every part, and renew the dressing three or four times a day. But in still severer cases, where for instance the skin is destroyed, make use of the oil of turpentine, applying first slips of rag soaked in the heated oil, and over these pledgets spread with the turpentine liniment, and do not remove the dressings for two or three days. And here let me observe, that it will frequently happen that you will have in the same case burns of different degrees of severity in different parts, and that therefore you will find it of advantage, after the first general application of cold, to use at the same time cold poultice or lotion to a superficial burn upon the face, we will say, lime liniment to a severe burn upon an arm, and the turpentine to a deeper burn upon the trunk. When blisters rise, it is better not to break them, unless they are so large as by their bulk to be sources of additional suffering. In applying your various dressings, attend particularly to the interposition of your plasters between the fingers, or toes, in the bendings of the forearm, or ham, and in all
house of residence, (s. 96), if residing in it, upon a benefice becoming
Custom, to be valid, must have existed immemorially, i. e., as taken in law, from the beginning of the reign of Richard I.; consequently if it can be shewn that the custom commenced at any period since, or did not exist before that period, it is invalid. But a regular usage for twenty years, unexplained and uncontradicted, is sufficient to warrant a jury in finding an immemorial custom. (Rex v. Joliffe, 2 Barn. and Cres. 54; 3 Dowl. and Ryl. 240; 2 Saund. 175, a. d. Peacke’s Evid. 336.) A custom must be continuous, acquiesced in, reasonable, (Co. Copyh. s. 33), compulsory, and consistent. (1 Bla. Com. 77.)
CURACY, (Augmenied,) stands, in respect to sequestrations, on the same footing as presentative livings. (Prout v. Cresswell, Lee's R. i. p. 36; Leire v. Harris. Ibid, p. 156.)
DEAN, is continually styled in ecclesiastical records, “Archi-presbyter," and is next to the bishop in rank, by right of his office and constitution. (Parham v. Templar, Phill. R. ii.
The word dean comes from the Latin decanus, and was first used among the soldiers, ten of whom made a party, that lodged together in one tent, or were quartered together in one place. After the institution of monks, the name was adopted among them to signify a chief monk in a fraternity, who was to superintend his brethren and keep them in good order. (Mant, xxv.
DEAN AND CHAPTER. Their jurisdiction is superior to that of an archdeacon. In some respects they have a control over the bishop. They are the council of the bishop, must consent to every grant of the bishop, in order legally to bind his successors. (Parham v. Templar, ut supra, p. 242, 243.
DIVINE SERVICE. Reading prayers, or a sermon, in a private family, is not performing divine service. (Trebec v. Keith, Atkyn. ii. p. 513.)
EPITAPHS. It is much to be regretted that so little attention is paid to them. A very useful work, containing a great variety of well selected portions, suitable to all occasions, has been recently published under the title of “ A General Volume of Epitaphs, original and selected, with a large selection of striking and appropriate texts of Scripture ; and an historical and moral essay on the subject, by a clergyman.” J. W. Parker, West Strand. 5s.