Imatges de pàgina
PDF
EPUB

private chapels for the benefit of such inhabitants of outlying parts of the parish as would find it difficult on account of the distance to attend the parish church. These are termed chapels of ease, and the minister or clerk in charge was endowed sometimes by a private person, such as the lord of the manor, but more generally was a stipendiary curate of the parson or rector of the parish. (h)

By a statute of George I. (i) where such chapels of ease have received the augmentation of Queen Anne's Bounty, they are thenceforth to be perpetual cures and benefices, and where this is the case the curates of ministers in charge must take all the oaths prescribed by statute for the beneficed clergy. (k) The consent of the patron, the incumbent, and the ordinary is necessary to the creation of chapels of ease forming part of the establishment of the Church of England. (1) The minister of a chapel of ease must be nominated by the patron and licensed by the bishop, and, in addition, he must have taken the oaths required by statute for beneficed clergy, or if not a perpetual curate he must have made the declaration required by certain canons. (m) If a stipendiary curate he must be a deacon at least, but unless he is ordained priest he cannot consecrate the Lord's Supper. (n) If he is a perpetual curate he must have been ordained priest. (0)

(3) Chaplains.--Formerly certain privileged persons, such as archbishops, dukes, viscounts, etc., were entitled by a statute of Henry VIII., (p) to maintain a certain number of chaplains, the numbers allowed varying between six and one, according to the status of the privileged person. This statute has, however, been repealed, (q) and it is doubtful whether the chaplains of such privileged persons have any legal status at the common law. (r)

There are, however, still thirty-six royal chaplains, (s) (h) See Phill., Eccl. Law, p. 246 et seq.

(i) 1 Geo. I. st. 2, c. 10, s. 4.

(k) 28 & 29 Vict. c. 122.

(1) Bliss v. Woods (1831), 3 Hagg. Eccl., at p. 509.

(m) See Phill., Eccl. Law, p. 249.

(n) 14 Car. II. c. 4, s. 10.

(0) Ib.

(p) 21 Hen. VIII. c. 13.

(q) 57 Geo. III. c. 99, s. 10; 1 & 2 Vict. c. 106.

(r) Phill., Eccl. Law, p. 456

(s) Formerly forty-eight, reduced to thirty-six in 1860.

whose duty it is to wait in rotation one at a time throughout the months of the year. His Majesty may also nominate honorary chaplains to the number of twelve. Since the restoration a chaplain has been appointed to the House of Commons, whose duty it is when present to read prayers and to preach before the House when desired. (t)

In the army, for which no special form of service is provided as in the navy, there is a chaplain-general whose office has existed since 1846, and is similar to that of an archdeacon, though with more extensive jurisdiction. (u) In addition, staff chaplains are appointed by the archbishops of the provinces and the Bishop of London. (w)

In the navy special forms of prayer to be used at sea are contained in the Prayer Book, and there are a body of naval chaplains, who must have been ordained deacon and priest, the head of whom is the chaplain of Greenwich hospital, styled "Chaplain of the Fleet."

The office of naval chaplain is regulated by "the king's regulations and the admiralty instructions for the government of his Majesty's naval service," and by various Orders in Council.

The position and duties of chaplains to gaols, workhouses, lunatic asylums, and cemeteries are regulated by varicus

statutes.

(4) Lecturers.-In London and in other cities lecturers are frequently appointed by the vestry to assist the rector, and one or more lecturers are appointed in most cathedrals, many lectureships being founded and endowed by private donations. The lecturer must be a clerk in holy orders, and must be licensed by the archbishop or bishop. (x) Where there is no fixed salary the bishop may refuse to grant a license. (y) The office of lecturer is now largely regulated by statute. (2)

(5) Readers. In churches or chapels where the endowment is small and no clergyman can be found to fill the post, (t) Phill., Eccl. Law, p. 457.

(u) Clode. Mil. Forces, ii. 383 et seq.

(w) The relation of these to the bishop of the diocese and the incumbent of the parish is regulated by 31 & 32 Vict. c. 83.

(x) 14 Car. II. c. 4, s. 15.

(y) The Lecturer of St. Anne's, Westminster (1743), 2 Str. 1192. (z) 7 & 8 Vict. c. 59; 23 & 24 Vict. c. 142; and see Phill., Eccl. Law, p. 444 et seq.

readers are appointed, who are generally deacons. Their functions are to keep the register, read divine service, the burial service, etc., but not to administer the sacrament, and also to read a portion of the scriptures daily. (a) Certain lay readers are also appointed by the bishops in various dioceses, with the consent of the incumbent.

Holy Orders.-Whether beneficed or unbeneficed all members of the clergy must have been admitted to Holy Orders, of which there are three, viz. bishops, priests, and deacons. The office of deacon differs from that of a full priest in that he may not consecrate the sacrament or pronounce absolution. (b) A man cannot be ordained deacon under twenty-three or priest under twenty-four years of age, and generally (though not necessarily) if the bishop so chooses a man should be ordained deacon for one year before ordination as a priest. Both priests and deacons must be ordained according to the form set forth in the Book of Common Prayer, which received statutory authority by the 5 & 6 Ed. VI. c. 1 ; and previous to ordination they must have assented to the thirty-nine Articles, the Book of Common Prayer, and the ordination of bishops, priests, and deacons, and made the declaration against simony in the form prescribed by the Clerical Subscription Act, 1865. (c) They must also have taken the oath of allegiance in the form prescribed by the Promissory Oaths Act, 1868. (d)

Under the Clerical Disabilities Act, 1860, (e) priests and deacons are now enabled to relinquish their orders so as to be restored to their former civil status by means of a deed enrolled in Chancery, of which an office copy is presented to the bishop who causes it to be entered in the registry of the diocese.

Privileges and Disabilities of the Clergy. The status of the clergy involves certain privileges and disabilities. A clergyman cannot be called upon to serve in any temporal office, nor may he be an advocate in any civil cause concerning

(a) A Readership is a benefice under the 3 & 4 Vict. c. 86.

(b) See 14 Car. II. c. 4, s. 10. By the same statute no clerk may be admitted to a benefice unless he is ordained priest.

(c) 28 & 29 Vict. c. 122.

(d) 31 & 32 Vict. c. 72, s. 8. (e) 33 & 34 Vict. c. 91.

blood or in any cause except such as are allowed by law. (ƒ) He is not bound to serve in war (g) or on a jury. (h) He cannot be arrested during attendance on divine service or on a visitation, and eundo, redeundo, et morando; (i) but he is not protected in such cases under a criminal warrant. (j) He is also exempt from tolls when on parochial duty; (k) and probably he cannot be called upon to disclose anything communicated to him under the seal of confession. (1)

On the other hand, a clergyman cannot be elected a member of Parliament, (m) a councillor, alderman, or mayor. (n) He may, however, be a county, district, or parish councillor.

Without licence from the bishop a clergyman may not (under penalty of a fine) farm on his own account more than eighty acres, (0) or engage in or carry on any other trade or dealing for gain or profit, except under certain circumstances, (p) and if he does so he is subject to suspension or deprivation. (q) His contracts are, however, valid in a civil court, and he is subject to the bankruptcy laws. (r)

The Irish Church.

Disestablishment.-By Article 5 of the Act for the Union of Ireland with Great Britain, (s) the Irish Church was united to the Established Church of England, and the preservation of the united Church was declared to be an essential and fundamental part of the union of the two countries. Nevertheless, in 1869, the Irish Church Act (t) was passed

(f) Othobon, pp. 89, 91. The king may, however, employ the clergy in any post of civil government.

(g) Co. Inst., ii. p. 3.

(h) Beecher's case (4 Leon, 190).

(i) Phill., Eccl. Law, 475.

(1) Cripps, p. 67.

(k) 3 Geo. IV. c. 126, s. 32.

(7) It is stated to the contrary in Steph. Digest of the Law of Evidence, Art. 117; but see the note thereon.

[blocks in formation]

disestablishing the Irish Church, and dissolving the union between the English and Irish Churches.

Effect of Disestablishment.--By this Act the Church property formerly vested in the Ecclesiastical Commissioners for Ireland, and all other Church property in Ireland, was vested in the Church Temporalities Commissioners, power being, however, given to the Church to appoint a representative body, which might be incorporated by the Crown with power to hold Church property.

This representative body was subsequently incorporated by royal charter, (u) and in this body the property of the Irish Church has now been vested by order of the Temporalities Commissioners. The Irish Land Commissioners now stand in the place of the Church Temporalities Commissioners. (v)

All ecclesiastical corporations in Ireland were dissolved by the Act, and all ecclesiastical law and jurisdiction abolished. But the law hitherto in force, and the doctrines and ordinances of the Church (subject to any changes to be made by the Irish Church as then constituted), were thenceforward made binding on the Irish clergy in the same manner as if they had agreed to abide by the same by contract. Another effect of the Act was to deprive the Irish bishops of their right to sit in the House of Lords; whilst, on the other hand, the licence of the Crown is no longer necessary on the election and appointment of an Irish bishop.

Present Position of the Irish Church.-The Church in Ireland is therefore now an independent body, free from any State intervention or control. It can make such changes in its rules and doctrines as it thinks fit. Such rules and doctrines are, however, enforceable upon members of the Irish clergy by the temporal courts whenever questions as to the right to Church property are concerned, the holding of Church property being by statute considered as subject to a trust to observe the rules and doctrines in force for the time being. (w)

(u) The 15th of October, 1870.

(v) 44 & 45 Vict. c. 71.

(w) 32 & 33 Vict. c. 42, s. 20.

« AnteriorContinua »