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. ii. 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.)

66

CHANCELLOR, as now understood, includes the two offices of “official principal," and "vicar general." He is an ordinary. The proper work of an 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 canon. 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

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. iii. 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

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 ecclesiastical persons.

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. (O. I. P. Cox v. Goodday, Hagg. C. R. ii. p. 138.) A clergyman, however, may call upon the churchwardens 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. (0. 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

appointment by the parson is sufficient. If a clerk misconduct himself in his office, he may be deprived by the same authority that appointed him to the office. (1 Ventr. 148; 1 Burr. 367; 8 T. R. 209.) But though the minister may have a power of removing him on good and sufficient cause, he can never be the sole judge, and remove him ad libitum, without being subject to the control of the court. (R. v. Warren, Cowp. 370.) A proceeding against a parish clerk for deprivation ought to be plenary and by articles. (Barton v. Ashton and Gray, Lee's R. i. p. 350.) Articles against a parish clerk for immoral conduct and neglect of duty, admitted. (Ibid, 533.) If an incumbent proceed to deprive a parish clerk appointed by himself, he must be careful to proceed regularly. Thus he should summon him to answer the charge made against him. (3 Dowl. 327, and R. v. Gaskin, 8 T. R. 209.) Affidavits stating that a clerk has been guilty of divers acts of intoxication, without specifying a single instance, or without stating that he was unable, through intoxication, to discharge his duties, were held insufficient to justify a removal, and a mandamus to restore was granted. (R. v. Neale, 4 Nev. and Mann.) A parish clerk may sue in a court Christian for his fees, which are called largitiones charitiva. (2 Roll. Rep. 71; Vin. Abr. "Parish Clerk," 4.) It has been said that the course for the clerk to take would be to bring his action on the case against the churchwardens, for neglecting to make a rate and levying it; or if it had been levied, that they had not paid it. (3 Salk. 87; 6 Mod. 252.)

COMMISSARY, is he that is limited by the bishop to some certain place of the diocese to assist him, and in most cases hath the authority of official principal and vicar general within his limits. As the authority of commissaries is restrained to some certain part of the diocese, so is it also restrained to some certain case of jurisdiction, limited unto them by the bishop. (Mant, xx.)

CONSANGUINITY AND AFFINITY. The statutes that mention the degrees within which marriage is prohibited, and the table of degrees, set forth by authority in 1563, required by the Canon xcix. to be hung up in churches, and frequently annexed to the larger edition of the book of Common Prayer, are founded upon the prohibitions recorded in the xviiith chapter of Leviticus.

CONSTITUTIONS, (Ecclesiastical,) were drawn up by the convocation in the province of Canterbury, and licensed by the king, in the reign of James, A.D. 1603. (Grant.)

CORPSE, (Disinterment of.) A corpse once buried cannot legally be taken up to be deposited in another place, without a license from the ordinary. (Gibs. 454.) But in the case of a violent death, the coroner may order the body to be disinterred, if it has been buried before he has had an opportunity of taking a view for the purposes of his inquest. (See also Lynn's Case, 2 T. R. 733.)

CORPSE. (Taking into Church,) is discretionary with the minister, but the service must be read in either case. The omission of any part

is a dereliction of duty.

CURATE, in its ordinary sense, signifies a clerk not instituted to the cure of souls, but exercising the spiritual office under the rector or vicar. (1 H. Bl. 424.) Every curate is to quit his curacy, (s. 95), and the

of the diocese. It will be well to take an account of them, stating what the imperfections were when they first came into your possession. The clergyman is the custos of them, and should never suffer any person to inspect them, or meddle with them, but in his presence. They are directed by the act above mentioned, to be kept in a well painted iron chest, either in the minister's house, or in the church. By the statute, 6 & 7 Will. IV. c. 86, s. 35, the fees are appointed, that is to say, "for every search extending over a period of not more than one year, the sum of one shilling, and sixpence additional for any additional year, and the sum of two shillings and sixpence for every single certificate.” RINGERS. See Bells.

SEXTON, (segsten, segerstane,) is usually chosen by the parish, though sometimes by the minister, when such usage prevails. His salary depends upon custom, and is paid by the churchwardens. His fees are generally settled by order of the vestry, and a table of them is hung up in the vestry-room, or in the church. A female may be elected sexton. The office is a freehold. Though punished, they cannot be deprived by ecclesiastical censures. (2 Roll. Abr. 234; Bac. Ab. mandamus, Rex v. Kingscleere, 2 Lev. 18, Salk. 428.) If improperly removed, a mandamus lies to restore. (Ile's case, 1 Vent. 153.) Church keys to be delivered to him, as the successful candidate, after a contested election. (2 Chitty R. 255.) Women may vote at the election of sextons.

FINIS.

W. DEARDEN, PRINTER, CARLTON STREET, NOTTINGHAM.