BOOK III.

OF THINGS ECCLESIASTICAL.

HAVING now taken a general view of persons ecclesiastical and of ecclesiastical officers, and of the provision made by law for their maintenance, we proceed in order next to consider things spiritual or ecclesiastical; under which head we shall first consider the subject of parishes or districts, into which the whole of this country is divided for ecclesiastical purposes, and for the better and more effectual pastoral superintendence by its ministers. No inconsiderable part of the subject which will be here treated of, is contained in the different Church Building Acts; but it would cause much needless repetition if, in speaking of those subjects, we were to follow out the contents of those acts beyond the subject immediately before us. The difficulty of those acts arises principally from the attempt to digest each act separately. In the present work therefore it has been endeavoured, as far as possible, to treat them as if consolidated, which possibly at some future time they may be, and to refer to them only for each point as it arises in its proper place.

CHAPTER I.

ECCLESIASTICAL PARISHES AND DISTRICTS.

division of

THE ecclesiastical division of England is primarily into Ecclesiastical two provinces. Each province is divided into dioceses; England. each diocese into archdeaconries; each archdeaconry into rural deaneries; each deanery into parishes. Of the ecclesiastical person who presides over each of these divisions and subdivisions, we have already spoken in the First Book.

Parishes.

Boundaries of.

But the last division, that of parishes, requires to be here particularly noticed, on account of some important recent alteration in the law.

A parish is that circuit of ground which is committed to the charge of one parson or vicar, or other minister, having cure of souls therein. These districts are computed to be near ten thousand in number. How ancient the division of parishes is, may at present be difficult to ascertain, for it seems to be agreed on all hands, that in the early ages of Christianity in this island parishes were unknown, or at least signified the same that a diocese does now. There was then no appropriation of ecclesiastical dues to any particular church; but every man was at liberty to contribute his tithes to whatever priest or church he pleased, provided only that he did it to some; or if he made no special appointment or appropriation thereof, they were paid into the hands of the bishop, whose duty it was to distribute them among the clergy, and for other pious purposes, according to his own discretion."

We find the distinction of parishes, nay even of mother churches, so early as in the laws of King Edgar, about the year 970. Before that time the consecration of tithes was in general arbitrary; that is, every man paid his own (as) has been before observed) to what church or parish he pleased. But this being liable to be attended with either fraud, or at least caprice, in the persons paying, and with either jealousies or mean compliances in such as were competitors for receiving them, it was now ordered by the law of King Edgar," dentur omnes decima primariæ ecclesiæ ad quam parochia pertinet." However, if any thane or great lord had a church within his own demesnes, distinct from the mother church, in the nature of a private chapel, then, provided such church had a cemetery or consecrated place of burial belonging to it, he might allot one-third of his tithes for the maintenance of the officiating minister; but if it had no cemetery, the thane must himself have maintained his chaplain by some other means; but, in such case, all his tithes were ordained to be paid primaria ecclesia, or to the mother church."

It seems pretty clear and certain, that the boundaries of parishes were originally ascertained by those of a manor or manors; since it very seldom happens that a manor extends itself over more parishes than one, though there are often many manors in one parish. The lords, as Christianity spread itself, began to build churches upon their own demesnes or wastes, to accommodate their b Seldon on Tithes, ch. 2.

a1 Black. Com. 113.

tenants in one or two adjoining lordships; and in order to have divine service regularly performed therein, obliged all their tenants to appropriate their tithes to the maintenance of the one officiating minister, instead of leaving them at liberty to distribute them among the clergy of the diocese in general; and this tract of land, the tithes whereof were so appropriated, formed a distinct parish, which will well enough account for the frequent intermixture of parishes one with another. For if a lord had a parcel of land detached from the main of his estate, but not sufficient to form a parish of itself, it was natural for him to endow his newly erected church with the tithes of those disjointed lands, especially if no church was then built in any lordship adjoining to those outlying parcels.

Thus parishes were gradually formed, and parish Places extrachurches endowed with the tithes that arose within the parochial. circuit assigned. But some lands, because they were in the hands of irreligious and careless owners, or were situate in forests and desert places, or for other now unsearchable reasons, were never united to any parish, and therefore continue to this day extra parochial.

Although this original division into parishes remains New divisions of unchanged, so far as all civil purposes are concerned, yet, parishes. many instances, a considerable change has taken place, so far as regards all ecclesiastical purposes.

rishes.

For if the church building commissioners shall think it Separate paexpedient to divide any parish into two or more separate parishes for all ecclesiastical purposes, they may, with consent of the bishop of the diocese, under his hand and seal, apply to the patron of the church of the parish for his consent, and upon his signifying it under his hand and seal, they shall represent the whole matter to the king in council, stating the proposed bounds of such division, with the relative proportions of glebe lands, tithes, moduses, and other endowments, and the estimated amount of fees, oblations, offerings, or other ecclesiastical dues or profits within each division; and if his majesty in council shall direct such division to be made, such order shall be valid for effecting such division. But this is not to take effect until the death of the person who is then incumbent; and until his death, the new churches of such divided parishes remain chapels of ease.

districts.

The commissioners are also empowered, with the same Ecclesiastical consent as last mentioned, to unite and consolidate any Consolidated such contiguous parts of parishes and places into a separate chapelries.

Apportionment of glebe, &c. in

such cases.

and distinct district for all ecclesiastical purposes, and to cause such district to be named and ascertained by described bounds; and such name and bounds, when approved by his majesty in council, to be inrolled in chancery, and in the registry of the diocese, and to make grants or loans for building, or to build any chapel, with or without cemeteries, in and for the use of the inhabitants of such district, in such manner and under such regulations as may to the commissioners appear most expedient, and to constitute any such district a consolidated chapelry; and every such chapelry shall be under the superintendence of such spiritual person as shall be appointed to serve any such chapel, and such spiritual person shall have cure of souls in such district; and the right of presentation and appointment of such spiritual person shall thenceforth belong to such persons, and be exercised in such manner as may be agreed by the patrons of the churches or chapels of such parishes and extra-parochial places, with the approbation of the commissioners; and banns of marriage may be published, and marriages, christenings, churchings, and burials, may be solemnized in any such chapel, after the consecration thereof; and the pew rents shall be fixed, and salaries to the minister and clerk assigned therefrom; and all fees and offerings within such chapelry, according to such table of fees as the commissioners shall make, with the approbation of the bishop, may be recovered in like manner as if such chapelry was a distinct parish; and the commissioners shall make compensation in manner directed by said act, for any loss sustained by the incumbent of any contiguous parish or place which shall form part of any such district, by reason of any fees, oblations, and offerings being transferred to the spiritual person serving any such chapel; and all such chapelries shall be deemed benefices, and be subject to the jurisdiction of the bishop and archdeacon where the altar of the chapel shall be locally situate, and to all laws in force concerning presentation and appointment to benefices and churches, and lapse, and all other laws relative to holding benefices and churches.f

In every case where the commissioners shall think it expedient to divide any parish, or extra-parochial place, into separate parishes for ecclesiastical purposes, the commissioners may, with the same consents, apportion the proportion of glebe land, tithes, moduses, or other endowments or emoluments, which it may be expedient to assign to each division, without regard to whether the proportions f 59 Geo. 3, c. 134, s. 6.

are locally situate, or arise within the division to which they may be assigned, or elsewhere. In all such cases the commissioners may apportion any existing charges on the benefice, and also apportion the fees, &c. to the clerk

and sexton.

Where the commissioners may not think it expedient to constitute separate parishes, but that it is expedient to divide into ecclesiastical districts, such division may be made and confirmed by order in council, in the same manner as with separate parishes. And this may be done at separate times, and any extra-parochial place be made a district parish or district chapelry, and subdivisions may be made of the same. But the nomination to a chapel of a chapelry Subdivisions of district, so taken from the separate or district parish, is to belong to the incumbent of the separate or district parish solidated chaout of which it is taken, and the subdivision is not to take pelries. effect in his lifetime, without his consent."

ecclesiastical districts and con

Boundaries of new parishes created by any complete Boundaries of division, and of ecclesiastical districts, shall be ascertained, new parishes, and the description of such bounds enrolled in chancery, and registered in the registry of the diocese, and notice thereof given, as the commissioners shall direct. Upon representation of the commissioners, made with consent of the bishop, signified under his hand and seal, such boundaries may be altered by the king in council within five years after enrolment; which alterations shall be enrolled and registered as aforesaid. Such boundaries shall continue the boundaries of such parishes or districts, and such districts shall become district parishes, and be called by such names as given to them in the instrument enrolled, and shall be separate district parishes, and the churches and chapels assigned to them, when consecrated, shall be district parish churches, for all purposes of ecclesiastical worship and performance of ecclesiastical duties; and as to all marriages, christenings, churchings and burials, and the registry thereof, and in relation to all fees, oblations and offerings, and as to all other purposes, except as in the act excepted. Divisions made into district parishes only are not to affect any land, glebe, tithes, moduses or endowment of the original church: into separate parishes or district parishes, not to affect any parish or place, or the persons residing therein, otherwise than in the act provided, or any poor or other parochial rate, or the persons interested therein, except church rates.'

the boundaries.

But the boundaries, whether of separate parishes or of Alteration of h58 Geo. 3, c. 45, s. 21; 1 & 2 Vict. c. 107, s. 12.

* Sect. 8.

58 Geo. 3, c. 45, ss. 22, 23, 24, 30, 31.