CHAPTER V

DIVINE SERVICE

1. Every deacon and priest before his ordination, and, as mentioned

above, every incumbent, before he is admitted to his benefice, and every

stipendiary curate, on entering upon his curacy, declares that in public

prayer and administration of the sacraments he will use the form

prescribed in the Book of Common Prayer and none other except so far as

ordered by lawful authority.[162] This uniform use is enjoined by the

Acts of Uniformity and the Prayer Book itself, which has legal force as

part of the Act of 1662, and by the 14th Canon, except so far as

modifications are permitted under the Act of Uniformity Amendment Act of

1872, which, like the Act of 1662, was passed at the instance of

Convocation.[163] No clergyman, therefore, may alter, add to, or

diminish the form of worship therein prescribed, including the

lessons.[164] The expression "lawful authority" occurs in the Act of

1662, which directs that in those portions of the Prayer Book which

relate to the King, Queen, or Royal progeny the names shall be altered

from time to time as occasion requires according to the direction of

lawful authority. This is explained by Bishop Gibson to mean, according

to practice, the authority of the Sovereign in Council.[165] The

archbishops and bishops have no authority, combined or singly, to order

modifications of or additions to the forms of Divine service, except to

the extent permitted by the Act of 1872. The Preface to the Prayer Book

"Concerning the Service of the Church" expressly contemplates that in

lieu of diversity of use in different dioceses and parts of the realm,

all shall henceforth have but one use. The only function of the prelates

which it recognises in the matter is the power of the bishop to set at

rest any doubts which may arise as to the construction of the Prayer

Book and the proper practice thereunder, with liberty to him, if he is

himself in doubt, to refer to the archbishop. But the Act of 1872

permits (_a_) the use, upon a special occasion approved by the ordinary,

of a special form of service approved by him, and containing nothing

except anthems or hymns, which does not form part of the Holy Scriptures

or Book of Common Prayer, and also (_b_) the use, on any Sunday or holy

day, as supplementary to the services prescribed by the Prayer Book, of

an additional form of service, approved by the ordinary as to its form

and mode of use, and containing no portion of the Communion Service and

nothing except anthems or hymns which does not form part of the Holy

Scriptures or Book of Common Prayer. The same Act authorises the use of

a shortened order for Morning or Evening Prayer on any day except

Sunday, Christmas Day, Ash Wednesday, Good Friday, and Ascension Day;

and the use of the Morning Prayer, the Litany, and the Communion

Service, in varying order as separate services,[166] and the saying of

the Litany after the third collect in Evening Prayer, without prejudice

to any legal powers vested in the ordinary, and either with or without a

sermon, lecture, or homily; and also the preaching of a sermon without

being preceded by a service appointed by the Prayer Book, provided that

it be preceded by a service authorised by the Act, or by a collect from

the Prayer Book with or without the Lord's Prayer.

2. The Prayer Book contains an "Order for Morning and Evening Prayer

daily to be said and used throughout the year"; and under the prefatory

heading "Concerning the Service of the Church," it is directed that all

priests and deacons are to say daily the Morning and Evening Prayer

either privately or openly, not being let by sickness or some other

urgent cause. And the curate who ministers in a parish church, being at

home and not being otherwise reasonably hindered, is to say the same in

the church, after summoning the people by a bell to come and hear God's

word and pray with him. A bishop, however, has no power to enforce daily

services;[167] and daily service has been held not to be requisite under

a trust to perform the service "in strict and literal accordance with

the order of the Book of Common Prayer."[168] But the Act of Uniformity

of 1662, s. 1, expressly enacts that the morning and evening prayers

contained in that Book shall, on every Lord's Day, and on all other days

and occasions, and at the times therein appointed, be openly read by

every minister or curate in every church, chapel, or other place of

public worship.[169] And the 14th and 15th Canons direct that the Common

Prayer shall be said or sung distinctly and reverently upon such days as

are appointed to be kept holy by the Prayer Book and their eves, and

that the Litany shall be said or sung when and as prescribed in the

Prayer Book; and in particular on Wednesdays and Fridays weekly, though

they be not holy days, the minister at the accustomed hours of service

is to resort to the church and say the Litany after warning the people

by tolling a bell. A later enactment empowers the bishop, at his

discretion, to order two full services (each, if he so directs, to

include a sermon or lecture) on every Sunday throughout the year or any

part of the year in the church or chapel of any benefice, whatever its

annual value or population, and also in certain cases where a benefice

is composed of more than one parish or chapelry, in the church or chapel

of each of them.[170] And where he considers that the population

requires it, he may direct the celebration on Sundays and the great

festivals of a third service, being either the Morning or Evening

Service with a third sermon, and for the performance of this third

service may insist on a curate being nominated, whose salary is to be

provided by the pews being specially let for the service or by

subscription.[171] It is rarely necessary in the present day to put in

force these powers, since in most parishes the number of services

considerably exceeds the legal _minimum_.

3. Under the rubrics following the Nicene Creed and at the beginning of

the Marriage Service, as modified by the Parish Notices Act, 1837,[172]

the minister is alone authorised to give out notices during Divine

service; and he may not publish either during or after Divine service

notices of proceedings in ecclesiastical courts, or of vestry meetings,

or of any other matter except banns of matrimony, announcements of the

Communion, and of holy days and fasting days during the ensuing week,

and of anything else prescribed by the Prayer Book or enjoined by the

King or the ordinary. Other notices must be put up at or near the church

door. Banns are to be published at the time of Morning Service (or of

Evening Service if there is no Morning Service) immediately after the

Second Lesson. Other lawful notices are to be given at the close of the

Nicene Creed.

4. The only rubrical provision for the collection of money during Divine

service is at the time when the offertory sentences are read, whether a

Communion follows or not. The money is then to be received by the

deacons, churchwardens, or other fit person,[173] and is to be disposed

of to such pious and charitable uses as the minister and churchwardens

think fit; wherein if they disagree, it is to be disposed of as the

ordinary shall appoint. Money collected at other times during Divine

service ought to be brought up to the minister to be placed on the Holy

Table, like the offertory money; but, unlike this, it is under the sole

control and disposal of the incumbent; unless it is collected for church

expenses or repairs for which the churchwardens are responsible, in

which case it should be handed over to them.[174] And if the purpose for

which the collection is made is announced beforehand, there is, of

course, a legal as well as moral obligation to apply the money collected

to that purpose. Offertory alms collected in a chapel are at the

disposal of the incumbent and wardens of the parish church.[175]

5. Questions arose during the last century as to (_A_) the legality of

certain ornaments of the Church, (_B_) the dress of the clergy, and

(_C_) ceremonies in connection with Divine service, and especially with

the Holy Communion; having regard, among other considerations, to the

Ornaments Rubric in the Prayer Book. According to the legal decisions on

these questions:[176] (_A_) The Holy Table must be of wood and,

according to Canon 82, should be covered during Divine service with a

carpet of silk or other decent stuff, and with a fair linen cloth at the

time of the ministration.[177] A crucifix, except as a mere

architectural decoration or as part of an historical representation of

the Crucifixion, is illegal; but a cross is legal, provided it be not

upon or in actual or apparent contact or connection with the Holy

Table.[178] Candlesticks and vases of flowers are legal even in such

contact or connection,[179] and so are pictures or sculptures of an

historical or allegorical character, whether in a reredos or elsewhere

in the church, except those known as the Stations of the Cross, which

have been held liable to superstitious abuse.[180] The legality of

isolated figures, whether painted or sculptured, depends on whether from

their character and position there is no likelihood of their being

superstitiously reverenced.[181] A credence table is legal and

proper.[182] A second Holy Table is only legal if placed in a part of

the church closed in, by lattice work or otherwise, as a separate place

of worship for services attended by few worshippers.[183] Chancel gates

are permitted, if required for the protection of the chancel when the

church is accessible for private prayer; but they must be always kept

open during Divine service.[184] The erection of a baldacchino or canopy

over the Holy Table is not permissible.[185] But the introduction of

legal ornaments and additions into a church will not ordinarily be

sanctioned without the approval of the parishioners, expressed by a

resolution of the vestry.[186] (_B_) The legal attire of the ministering

clergy at the Holy Communion, as well as in other ministrations, has

been decided to be that laid down by the Advertisements of 1566, which

are followed in Canons 24, 25, and 58, and prescribe the wearing of a

surplice with the proper hood of the university degree (if any); except

that in cathedral and collegiate churches the celebrant and gospeller

and epistler shall wear copes. The rubric of the First Prayer Book of

Edward VI., had directed that the celebrant should wear a white albe

plain with a vestment (_i.e._ a chasuble) or cope, and any assistant

priests or deacons should wear albes with tunicles.[187] Stoles, as

distinguished from the scarves of chaplains, have no legal

authority.[188] A biretta (the foreign form of a college cap) must not

be worn during the Communion Service.[189] In preaching (except,

possibly, during the Communion Office) the surplice or the black gown

are equally legal.[190] (_C_) The ceremonial use of incense and

processions with lighted candles are illegal,[191] but a celebration of

Holy Communion with two lighted candles on or above the table is

permissible.[192] The administration of the mixed chalice is legal, but

the wine and water must not be ceremonially mixed during the

service.[192] Wafers, not consisting of bread "such as is usual to be

eaten," have been held illegal.[193] The singing of the Agnus Dei or of

any other hymns during the administration of the elements is

permissible.[194] A minister may stand either on the north or the west

side of the table during the service; but not so as to hide the manual

acts from the people.[192] He must not kneel or bow before the elements

during the Prayer of Consecration, or elevate them above his head during

administration; nor may he use the sign of the cross during the

absolution or benediction.[195] Ablutions of the paten and chalice

after the benediction, being no part of the service, are not

illegal.[196] Reservation of any parts of the consecrated elements at

the close of the Communion Service is illegal.[197]

6. No minister is to refuse or delay to christen according to the form

of the Book of Common Prayer any child brought to him to the church for

that purpose on a Sunday or holy day, after notice given to him

overnight or in the morning before the beginning of Morning Prayer. The

ceremony should take place immediately after the second lesson at either

Morning or Evening Prayer. The congregation can then testify the

receiving of the newly baptized into the number of Christ's Church, and

all present are reminded of their own profession made to God in their

baptism. But if necessity requires, children may be baptized on any

other day.[198] The law is the same as regards children of Church people

and of Dissenters, and as regards legitimate and illegitimate children.

If a minister is duly informed of the weakness and danger of death of an

unbaptized infant in the parish, and is desired to go and baptize him,

he must not refuse or so delay that the infant dies through his fault

unbaptized.[199] But in every other case a male child must have two

godfathers and one godmother, and a female child one godfather and two

godmothers; and a minister will, of course, not admit as a sponsor a

person notoriously leading an immoral life or otherwise manifestly unfit

for the office. Godparents must have received the Holy Communion, and a

father cannot be godfather for his own child.[200] In 1865 the

Canterbury Convocation, with the Royal licence, framed a new canon

repealing this prohibition; but the canon was never ratified by the

Crown, nor was any similar canon passed by the York Convocation. The

Form for the ministration of Private Baptism in houses contains a

service for the public reception in church, as one of the flock of true

Christian people, of a child who, in case of emergency, has been

baptized at home, and also a formula of conditional baptism to be

substituted for the words of actual baptism in cases where there is a

doubt whether the essential parts of the Sacrament were observed in the

private performance of the ceremony. The rubrics direct immersion in the

case of the public baptism of infants, if the godparents certify that

the child can endure it, and affusion, if they certify that the child is

weak. Naturally, affusion alone is directed in the case of private

baptism. In the case of the baptism of adults, immersion or affusion are

directed as alternatives, the discretion being left with the minister

and not with the godparents. The rubric directs that, before adult

persons are to receive baptism, not less than one week's previous

notice shall be given to the bishop, or a person appointed by him, by

the parents or some other discreet persons, in order that due care may

be taken for their examination as to their knowledge of the principles

of the Christian religion, and that they may be exhorted to prepare with

prayers and fasting for the reception of that holy Sacrament. The

baptismal services throughout contemplate the performance of the

ceremony by a priest; but in the Form of Making of Deacons a deacon is

expressly authorised to baptize infants in the absence of the priest.

Lay baptism is valid in case of emergency; but, of course, a layman is

not at liberty to use the baptismal service.

7. The Holy Communion is to be administered in every parish church and

chapel so often and at such times as that every parishioner may

communicate at least twice in the year (whereof the feast of Easter

shall be one).[201] Warning is to be given to the parishioners "publicly

in church at Morning Prayer" on the Sunday before every time of

administering the Holy Communion,[202] and the present rubric requires

that so many as intend to be partakers of the Sacrament shall signify

their names to the curate, meaning the incumbent, at least some time the

day before. In the First Prayer Book of Edward VI. this rubric ran: "So

many as intend to be partakers of the Holy Communion shall signify

their names to the curate overnight or else in the morning afore the

beginning of Matins or immediately after."[203] The incumbent must not

deny the Sacrament, without lawful cause, to any person that devoutly

and humbly desires to receive it.[204] But he is directed both by the

Canons and by the rubric to repel from Communion, until repentance, open

and notorious evil livers, and those who have wronged their neighbours

by word or deed so as to offend the congregation, and those between whom

he perceives malice and hatred to reign. The Canons add to the list

common and notorious depravers of the Book of Common Prayer, or the

Ordering of Bishops and Priests, or the Thirty-nine Articles, or

depravers of the sovereign authority of the King in causes

ecclesiastical, and those who refuse to kneel when receiving the

Communion or to be present at public prayers according to the order of

the Church of England. When any one is so repelled, the incumbent must

report the matter to the ordinary within fourteen days, or sooner if

required by the offending person or by the ordinary himself, and must

obey his order and direction in reference to it. The rubric directs that

the ordinary shall proceed against the offender according to the Canon,

that is to say, by such ecclesiastical censures and punishments as can

be inflicted.[205] In Jenkins _v._ Cook[206] the meaning of a "common

and notorious depraver of the Book of Common Prayer" was discussed, and

the Judicial Committee of the Privy Council held that it did not include

a person who omitted certain parts of the Bible from his family reading

because he held them, in their generally received sense, to be

incompatible with religion or decency. But while they assumed that being

a depraver of the Prayer Book would be as valid a cause for denying

Communion as being an open and notorious evil liver, they did not

actually decide whether the Canons, which do not as such bind the laity,

can of their own authority prescribe causes, sufficient or lawful, for

denying Communion within the meaning of the Act of 1547.[207] It would

not be expedient in the present day for an incumbent, under Canons 28

and 57, to refuse the Communion to persons merely because they came from

outside his parish to communicate in his church instead of in their own

parish church. Nor can he lawfully refuse it to a person who

occasionally attends or even communicates in a dissenting place of

worship.[208] The question of admitting to Communion persons who have

been baptized in another communion or Christian body, and have not been

confirmed in the Church of England, is one of more difficulty. The

rubrics in the Communion Office itself are silent on the subject. But

the exhortation at the close of the Public Baptism of Infants directs

that the child shall be brought to the bishop to be confirmed without

delay after a sufficient course of instruction. The rubric at the close

of the Baptismal Service for Adults declares the expediency of every

person so baptized being confirmed by the bishop with all convenient

speed after baptism, that so he may be admitted to the Communion; and

the rubric at the end of the Order of Confirmation prescribes that there

shall none be admitted to the Communion until such time as he be

confirmed, or be ready and desirous to be confirmed. These rubrics must

be read together, and are clearly framed with a view to persons baptized

in the Church of England. In fact the Prayer Book nowhere contemplates

the case of a person who, having been validly baptized in another

communion or body, afterwards joins the Church of England, or the case

of a person belonging to some other communion who, while temporarily

resident in England, desires, without forsaking his own communion, to

communicate with his fellow Christians of our Church. As the rubrics

stand, such persons, unless and until actually confirmed, have no right

to require a clergyman to admit them to Communion, and he commits no

legal offence by refusing to do so. On the other hand, a considerable

number of such persons do, as a matter of fact, communicate in our

Church without having been confirmed or being desirous to be confirmed;

and a clergyman who admits them, in the absence of any direction of the

bishop to the contrary,[209] may be acting in a wise and Christian

manner.

8. The rubrics of the Communion Office prescribe that a sermon or one of

the authorised homilies shall follow the Nicene Creed whenever that

portion of the office is used, whether a Communion actually takes place

afterwards or not. And the 45th Canon enjoins the preaching of one

sermon every Sunday of the year. The power of the bishop to require a

second and even, in certain cases, a third sermon has already been

noticed.[210] But, inasmuch as the Prayer Book contains no direction

that sermons shall follow Matins or Evensong, such sermons may be

regarded as in the nature of separate or additional services. The 55th

Canon prescribes that all sermons, lectures, and homilies shall be

preceded by what is called the Bidding Prayer and the Lord's Prayer. But

this rule is not in practice observed in the case of sermons in the

middle of the Communion Service or immediately following some other

service. Under the Act of Uniformity Amendment Act of 1872, Morning and

Evening Prayer, the Litany, and Holy Communion may any of them be used

with or without the preaching of a sermon or lecture or the reading of a

homily; and a sermon or lecture may be preceded either by one of the

services appointed by the Prayer Book or by a service authorised by that

Act, or by a Collect taken from the Prayer Book, with or without the

Lord's Prayer.[211]

9. Regular catechising is enjoined both by the Canons and by the Prayer

Book. But the direction in the 59th Canon, that it shall take place for

half-an-hour or more before Evening Prayer, is superseded by the rubric

at the end of the Catechism, which requires the incumbent of every

parish diligently upon Sundays and holy days, after the second lesson

at Evening Prayer, openly in the church to instruct and examine so many

children of his parish sent to him as he shall think convenient, in some

part of the Catechism.

10. The Churching of Women is regulated by the rubrics at the

commencement and close of the service for the occasion in the Prayer

Book. It is contemplated as the first service in which a woman takes

part after recovery from childbirth; but no specific time is prescribed

for it beyond the recommendation that she should receive the Holy

Communion if there be a Communion. In former times a woman was not to be

churched after an illegitimate birth unless she had previously done

penance or acknowledged her fault before the congregation at the time of

her churching. Since penance has fallen into disuse, a clergyman must

exercise his own discretion in such cases; but he will, of course,

neither church nor admit to Communion a woman who impenitently continues

a sinful life. The rubric directs that "accustomed offerings" shall be

offered at a churching, but their amount is not regulated by any general

or well-established rule.[212]

Footnotes

[162] Ch. ii. § 6 (i.); ch. iii. § 1; (1865) 28 & 29 Vict. c. 122, ss.

1, 4-8.

[163] (1559) 1 Eliz. c. 2; (1662) 14 Cha. 2, c. 4; (1872) 35 & 36 Vict.

c. 35; Westerton _v._ Liddell (1857) Moore's Special Report, 187; Martin

_v._ Mackonockie (1868) L. R. 2 P. C. 365, at p. 383; 38 L. J. Eccl. 1,

at p. 11.

[164] Newbery _v._ Goodwin (1811) 1 Phill. 282.

[165] Gibs. Cod. 280; see note to ch. ii. § 6 (i.) above.

[166] As to the normal order independently of the Act, see the Rubrics

and note to § 7 below.

[167] Cripps, 576.

[168] _Re_ Hartshill Endowment (1861) 30 Beav. 130.

[169] This applies only to a church served by a distinct minister, and

not where there are two churches in one parish. But even in such a case

the incumbent has no right wholly to close one church and hold all the

Sunday services in the other; Rugg _v._ Bp. of Winchester (1868) L. R. 2

P. C. 223; 38 L. J. Eccl. 23.

[170] (1838) 1 & 2 Vict. c. 106, s. 80.

[171] (1818) 58 Geo. 3, c. 45, ss. 65, 66.

[172] 7 Will, 4 & 1 Vict. c. 45.

[173] The appointment of such person rests with the incumbent or

principal officiating minister; a clergyman in priest's orders is not a

"fit" person to collect the offertory money. Cope _v._ Barber (1872) L.

R. 7 C. P. 393.

[174] Sm. Churchw. 80; Reg. _v._ O'Neill (1867) 31 J. P. 742; Howell

_v._ Holdroyd (1897) P. 198. An incumbent often takes sole charge not

only of money collected in church but of money collected by appeals

within and outside the parish. He should in all such cases lodge it at a

bank on a separate account, and notify in his appeal that this will be

done. He cannot otherwise reasonably expect to be entrusted with money

by strangers; and if the money is mixed with his own, it may be

difficult or impossible to disentangle it in the event of his sudden

illness and death.

[175] Moysey _v._ Hillcoat (1828) 2 Hag. Eccl. 30, at p. 56.

[176] As stated in ch. i. § 4, these decisions are part of our Church

law, until reversed or altered by future judicial decisions or by

legislation. As intimated in the Preface, no opinion is here expressed

as to their correctness, or as to what the law ought to be on the points

with which they deal. It has been questioned whether in the Ornaments

Rubric and in the Act of Uniformity of 1559 (1 Eliz. c. 2), from which

it is derived, the mention of such ornaments as were in the Church by

authority of Parliament in the second year of Edward VI. refers to the

ornaments sanctioned by the First Prayer Book of Edward VI., the use of

which was enjoined by the Act of Uniformity of 1549 (2 & 3 Edw. 6, c.

1), or to those previously in use. It may be observed that this Act is

referred to as made in the second year of the reign in the later Act of

Uniformity of 1552 (5 & 6 Edw. 6, c. 1, s. 4), and the Book itself is

associated with that year in the 36th Article. In the Bp. of

Winchester's Case (1596) 2 Co. Rep. 40 a, the Payment of Tithes Act of

the same session (2 & 3 Edw. 6, c. 13) is referred to as made in the

Parliament holden in the second year of Edward VI. See also Westerton

_v._ Liddell (1857) Moore's Special Report, 156, 160; Martin _v._

Mackonockie (1868) L. R. 2 P. C. 365, at p. 390; Elphinstone _v._

Purchas (1870) L. R. 3 A. & E. 66, 94.

[177] Faulkner _v._ Litchfield (1845) 1 Rob. Eccl. 184; Westerton _v._

Liddell (1857) Moore's Special Report, 176-185. A variety of embroidered

cloths is permissible; _Ib._188. But the decision in _Re_ St. Luke's,

Chelsea (1904) P. 257, that marble is "stuff" within Canon 82, seems

open to question.

[178] Phill. Eccl. Law, 733-5; Liddell _v._ Beal (1860) 14 Moo. P. C. 1,

14; Durst _v._ Masters (1876) 1 P. D. 373; Ridsdale _v._ Clifton (1877)

2 P. D. 276; Bradford _v._ Fry (1878) 4 P. D. 93, 106; _Re_ St.

Matthias, Richmond (1897) P. 70; _Re_ St. Ethelburga (1900) P. 80; _Re_

St. John Baptist, Paignton (1905) P. 111.

[179] Liddell _v._ Beal, _ubi sup._; Elphinstone _v._ Purchas (1870) L.

R. 3 A. & E. 66.

[180] Boyd _v._ Phillpotts (1874) L. R. 4 A. & E. 297; (1875) 6 P. C.

435; Hughes _v._ Edwards (1877) 2 P. D. 361; _Re_ St. Mark, Marylebone

(1898) P. 115; Davey _v._ Hinde (1901) P. 95; (1903) P. 221.

[181] _Re_ St. Lawrence, Pittington (1880) 5 P. D. 131; _Re_ St. John,

Pendlebury (1895) P. 178.

[182] Westerton _v._ Liddell (1857) Moore's Special Report 187,8;

overruling Faulkner _v._ Litchfield (1845) 1 Rob. Eccl. 184.

[183] _Re_ Holy Trinity, Stroud Green (1887) 12 P. D. 199; _Re_ St.

Mark, Marylebone (1898) P. 115.

[184] _Re_ St. Agnes, Toxteth Park (1885) 11 P. D. 1; _Re_ St. John

Baptist, Timberhill (1895) P. 71.

[185] White _v._ Bowron (1873) L. R. 4 A. & E. 207; 43 L. J. Eccl. 7.

[186] Groves _v._ Rector of Hornsey (1793) 1 Hag. Cons. 188; Clayton

_v._ Deane (1849) 7 Not. of Ca. 46, 53; Vicar of Tottenham _v._ Venn

(1874) L. R. 4 A. & E. 221; Peek _v._ Trower (1881) 7 P. D. 21; Nickalls

_v._ Briscoe (1892) P. 269. See also note (1) on p. 146 below.

[187] Ridsdale _v._ Clifton (1877) 2 P. D. 276. See note (1) on p. 87.

[188] Elphinstone _v._ Purchas (1870) L. R. 3 A. & E. 66.

[189] Enraght's case (1881) L. R. 6 Q. B. D. 376; (1882) 7 A. C. 240.

[190] _Re_ Robinson: Wright _v._ Tugwell (1897) 1 Ch. 85.

[191] Sumner _v._ Wix (1870) L. R. 3 A. & E. 58; The Archbishops on

Incense and Lights in Processions: Hearing at Lambeth (1899) _Times_,

Aug. 1 (also published by Macmillan & Co., 1899, price 1s.)

[192] Read _v._ Bishop of Lincoln (1891) P. 9; (1892) A. C. 644.

[193] Ridsdale _v._ Clifton (1877) 2 P. D. 276. The First Prayer Book of

1549 prescribed unleavened wafers, but directed that each must be

divided and distributed in two or more pieces, in order, no doubt, that

the symbolism indicated in 1 Cor. x. 17 might not be wholly lost.

[194] Read _v._ Bishop of Lincoln, _ubi sup._ The legality of the usual

hymns and music has been long recognised; Hutchins _v._ Denziloe (1792)

1 Hag. Cons. 170.

[195] Martin _v._ Mackonockie (1868) L. R. 2 P. C. 365; (1869) L. R. 3

P. C. 52; Read _v._ Bishop of Lincoln, _ubi sup._

[196] Read _v._ Bishop of Lincoln, _ubi sup._

[197] Archbishops' Hearing at Lambeth (1900) _Times_, May 2. See ch.

viii. § 1.

[198] Canon 68; Prayer Book Rubric.

[199] Canon 69.

[200] Canon 29.

[201] Canon 21; Prayer Book Rubric.

[202] Canon 22.

[203] This rubric, with the substitution of "Morning Prayer" for

"Matins," was repeated in the Prayer Books of 1552 and 1559. On the

other hand, in our present Prayer Book, where the allusion to Morning

Prayer is omitted from the rubric, the intention that it shall, in the

ordinary course, precede the Holy Communion is indicated by the fact

that Matt. xxvi. and John xviii. have been removed from the Gospels for

Palm Sunday and Good Friday, where they had previously stood with the

succeeding passages which form our present Gospels for those days, and

have been made the Second Lessons at Morning Prayer. In the earlier

Prayer Books no special second lessons were assigned for those two days.

But as to the use of Morning Prayer, the Litany, and the Holy Communion

together, or in varying order as separate services, see now § 1 above.

The Prayer Book does not seem to contemplate Communion more than once in

the day. Where the Office is used oftener, it must be repeated entire on

each occasion.

[204] (1547) 1 Edw. 6, c. 1, s. 8.

[205] Canons 26, 27, 109; Prayer Book Rubric.

[206] (1875) L. R. 4 A. & E. 463, rev. on app. (1876) 1 P. D. 80.

[207] See p. 94 above, and note (2) on that page.

[208] Swayne _v._ Benson (1889) 6 Times Law Rep. 7.

[209] The passage in the statement _Concerning the Service of the

Church_ at the beginning of the Prayer Book, respecting the bishop

taking order for the appeasing of doubts concerning the manner of

understanding and carrying out the contents of the Book, might apply to

the treatment of such persons.

[210] § 2 above.

[211] 35 & 36 Vict. c. 35, ss. 5, 6.

[212] Phill. Eccl. Law, Pt. iii. ch. viii. pp. 645-7.

The Legal Position of the Clergy · 第 5 / 9 章