TEMPORALITIES
1. The legal possessions and revenues of the benefice of an ancient
parish consist of (i.) the church and churchyard (subject to the use of
both for the benefit of the people), (ii.) the parsonage house and glebe
lands and buildings, (iii.) the tithe, (iv.) any modern endowments,
including perpetual annuities granted by the Ecclesiastical
Commissioners, (v.) ordinary dues and offerings, (vi.) mortuaries, and
(vii.) fees; and some of these possessions and revenues are also
attached to the benefice of a new ecclesiastical parish, which has,
moreover, in certain cases a further source of revenue in (viii.)
pew-rents.
2. The incumbent for the time being, whether of an ancient or new
parish, has a freehold interest for his life, if he so long remains
incumbent, in the possessions of the benefice, and for the purpose of
holding them is a corporation sole, with a continuous succession in
himself and all future incumbents. As such, he is subject to the general
laws respecting corporations, and also to those which regulate the
acquisition and holding of landed property for charitable purposes,
except so far as the law has made special exemptions in his favour.
Accordingly, except to the extent expressly permitted by statute, he
cannot in his corporate capacity, with perpetual devolution to his
successors in office, (_a_) acquire or hold additional landed property
without a licence in mortmain or in a manner inconsistent with the
provisions of the Mortmain and Charitable Uses Acts, 1888 and 1891,[317]
or (_b_) hold landed property upon any trust or for any purpose other
than as part of the possessions of the benefice.[318]
3. The rights of an incumbent in the church and churchyard differ
according as the benefice is an ancient or a new parish, and in the
former case according as it is a rectory or a vicarage. The freehold of
the whole church in an ancient parish (except where a chapel or aisle or
a pew belongs to a private individual), and of the churchyard, belongs
to the rector, whether he be the incumbent or not;[319] and the chancel
is repairable by him, except where there is a custom for the
parishioners to keep it in repair. His duty in this respect can be
enforced by suit in the ecclesiastical court, and the churchwardens
cannot safely repair the chancel themselves and then sue him for the
cost.[320] But the incumbent and churchwardens (subject to the rights of
the bishop) have the possession and custody of the whole church,
including the chancel, and a lay rector cannot interfere with their
proper use of it; nor can any person claim to enter it, when not open
for Divine service, without their permission.[321] And the incumbent has
the paramount right to keep the keys of the church and to control the
use of the organ and the ringing of the bells.[322] But ringers are not
liable to criminal proceedings in the ecclesiastical court for ringing
the church bells without his consent, unless it was done against his
express desire.[323] Moreover, Canon 88 contemplates that the
churchwardens and sidesmen should have some control over the
bellringing; for it enjoins upon them not to allow the bells to be rung
superstitiously upon holy-days or eves abrogated by the Prayer Book, nor
at any other times without good cause to be allowed by the incumbent and
by themselves. And as regards the churchyard, unless there is a special
provision to the contrary in connection with his endowment, a vicar, as
against the rector impropriate, is only entitled to the possession of
the churchyard for spiritual purposes. The rector has a right to the
profits of the soil, and he or his tenants can depasture it with
sheep.[324] But a rector is only at liberty to fell the trees in the
churchyard when they are required for the repair of the chancel, or when
the body of the church requires repair and he voluntarily allows the
parishioners to use them for the purpose.[325] In new parishes the
freehold of the church and churchyard and of the vaults belonging
thereto is vested in the incumbent, except where it has been vested in
the vestry under a local Act and they have not consented to part with
it.[326] Neither incumbents nor rectors impropriate are liable in
respect of the church and churchyard to rates, nor to contributions
towards the expense of making and paving new streets.[327] So, too, an
incumbent was held not liable as owner for expenses incurred by a local
authority under a statute in removing a part of the church which had
become a dangerous structure.[328]
4. The rights of the incumbent are, moreover, qualified and controlled
by the rights of the bishop on the one hand and of the parishioners on
the other. He has a general authority from the bishop to decide as to
allowing or disallowing the erection in the churchyard of tombstones
with inscriptions, not being of an unusual character in respect of size
or otherwise, as well as glass shades for wreaths and other additions to
the contents of the churchyard.[329] But any person interested may
appeal against his decision to the bishop's court, which has power to
determine the matter, subject to appeal to the higher tribunals.[330] He
cannot, however, authorise the erection of monuments or tablets in the
church itself, nor monuments of abnormal size in the churchyard. These,
as well as other additions to or alterations in the church or
churchyard, require the sanction of a faculty either from the bishop's
consistory court or, if there refused, from the provincial court or the
Judicial Committee of the Privy Council. A faculty for the purpose will,
in proper cases, be granted on the application of the incumbent and
churchwardens supported by a resolution of the vestry.[331] If there is
a rector impropriate, his consent will be necessary to any proposed
change in the chancel. As already noticed (Ch. VII. § 1 above), the
incumbent cannot validly, on his own authority, sell grave spaces in
perpetuity in the churchyard; and a faculty will not be granted for a
vault or space for exclusive burial unless it is clearly improbable that
it will inconveniently diminish the available ground for the burial of
the parishioners.[332] It is an offence on the part of any one to remove
earth and bones from the churchyard[333] or to desecrate it in any other
way; but a faculty will in a proper case be granted for diverting the
course of an ancient footpath through a churchyard when necessary for
the enlargement of the church;[334] and for throwing a portion of a
churchyard, which is not required for interments, into a highway.[335]
A wall of a churchyard which has been wilfully pulled down does not
require a faculty for its restoration.[336] A faculty has been granted
to secure for ninety-nine years an easement of light and air to the
lower windows of an adjoining house through the railings of a
churchyard, on payment of an annual rent of £22 to the rector for the
time being.[337] Where a churchyard or other burial ground has been
closed or is no longer used for burials, a faculty may be obtained for
laying it out as a garden with footpaths, and removing the tombstones
and placing them against the walls of the church or churchyard;[338] but
the erection upon it of any building, except for the purpose of
enlarging a church, chapel, or other place of worship, is unlawful, and
no faculty can be granted for it.[339]
5. Every ancient church ought of right to have glebe as well as a manse
or parsonage house attached to it.[340] In a parish where there is an
impropriate rectory and a vicarage, glebe may be attached to both or
either. Rectorial glebe is not liable to pay vicarial tithe to the
vicar, nor is vicarial glebe liable to rectorial tithe to the
rector.[341] Since the interest of the incumbent in the house of
residence and glebe is limited to his life or tenure of the benefice,
he cannot deal with them in a way prejudicial to the rights of the
patron or of his successors in the incumbency. His powers of selling,
exchanging, and leasing are strictly defined by statute. He must not
commit what is technically called "waste"--that is to say, any spoiling
or destruction of houses, gardens, or other glebe of the benefice, or of
the trees thereon, to the detriment of his successors. In cultivating
the glebe lands himself, he is not restricted to any particular mode of
cultivation, nor accountable to his successors for neglect or
mismanagement.[342] But he must not cut down trees, except so far as
they may be required for the repairs of the buildings of the benefice,
including the chancel of the church, if he is the rector and is liable
to repair it.[343] He may not on his own account open mines, quarries,
or gravel-pits under or upon the glebe land, nor work those which have
been unlawfully opened; but he may work those which are already lawfully
open;[344] and even as regards minerals or gravel unlawfully taken by
him, if he is not restrained at the time, his successor cannot maintain
an action for damage against his representatives after his death.[345]
6. In modern times the provision of parsonage houses and of other
necessary buildings on glebe lands, and the repairs of chancels liable
to be repaired by rectors, have been facilitated by special legislation.
In 1777 and 1781 the Gilbert Acts were passed,[346] which, as amended by
Acts of 1826 and 1838,[347] enabled an incumbent, with the consent of
the bishop and patron, or, during a vacancy in the living, the bishop,
to borrow money for the purpose of providing a parsonage house, or
rebuilding it in case of its having become ruinous, upon the security of
a mortgage of the income of the benefice for thirty-five years. The loan
was not to exceed the amount of the gross net income of the benefice,
and was to be repayable with interest by thirty yearly instalments. The
Governors of Queen Anne's Bounty were empowered to lend money for the
purposes of the Acts; and, in practice, the loans are generally
obtained from them. A later statute[348] extended these provisions to
the purchase of land convenient to be used with the parsonage house or
existing glebe land, and to the repair of the chancel in cases where it
is repairable by the incumbent, and to the building or improving of farm
houses or buildings or labourers' dwelling-houses on the glebe land; and
subsequent Acts have extended the time for repayment of the loans.[349]
Another series of enactments has specially sanctioned gifts and bequests
for providing parsonage houses and glebe;[350] and under a third series
incumbents are empowered to sell the parsonage houses and glebe lands of
benefices, or exchange them for others of greater value or more
conveniently situated, and to acquire new parsonage houses and
additional glebe lands.[351]
7. When an incumbent has a licence from the bishop to reside elsewhere
than in the parsonage house, he may let the house, subject to an
obligation on the part of the tenant to give up possession on the bishop
ordering the incumbent to resume residence therein.[352]
8. An incumbent may either himself farm his glebe (see Ch. 1. § 16
above) or let it to tenants. The tenants, however, will have no rights
against his successors unless the leases to them are made in accordance
with the statutory provisions for the purpose. These provisions enable
an incumbent, subject to certain restrictions and with the consent of
the bishop and patron, to let the glebe on farming leases for fourteen
years or, in some cases, for twenty years,[353] and under special
conditions to grant leases of it for longer periods for building and
mining purposes.[354]
9. An incumbent, as having an interest in the parsonage house and other
buildings of the benefice only during his incumbency, was always bound
to keep them in repair for the benefit of his successors.[355] His exact
liability in this respect and also in respect of insuring against fire
is now regulated by the Ecclesiastical Dilapidations Act, 1871.[356]
10. Under this Act diocesan surveyors are appointed in every diocese to
inspect and report as to requisite repairs and to certify as to their
due execution. The proceedings vary according as they take place (_a_)
upon a vacancy in the benefice, or (_b_) at other times. But in either
case, after they have taken place, a certificate of the diocesan
surveyor that the requisite works have been completed in the parsonage
house and other buildings (including walls and fences, and, in the case
of a rector liable for its repair, the chancel of the church) will (in
the absence of wilful waste or of loss or damage by fire where the
incumbent has not kept up a sufficient fire insurance) confer exemption
from liability for dilapidations, in respect of those buildings, for the
next five years.
11. (_a_) Within three months after a benefice has become vacant,[357]
unless the late incumbent was for the time being free, in respect of all
the buildings of the benefice, from liability to dilapidations, the
diocesan surveyor will inspect the buildings or such of them as have not
been included in the exempting certificate, and will report to the
bishop what works and what sum, if any, are required for making good the
dilapidations. Either the new incumbent, or the late incumbent or his
executors or administrators, may send to the bishop objections to the
report, and the bishop will make an order specifying the repairs to
which the late incumbent or his estate is liable and the cost of them.
The amount of the cost thereupon becomes a debt from the late incumbent
or his estate to the new incumbent and may be recovered as such.[358]
Any money received in respect of it is to be paid to the Governors of
Queen Anne's Bounty, and they, with the consent of the bishop and
patron, may lend on the security of the possessions of the benefice, any
part of the cost which they have not received from the new incumbent.
Any additional balance required to make up the total amount of the cost
of the repairs must be paid to them by the new incumbent, and in case of
non-payment may be raised by sequestration of the profits of the
benefice. All the sums received or lent by them are to be placed in the
first instance to a dilapidation account. If a vacancy occurs in a
benefice between the time of an inspection of the buildings and the
certifying of the completion of the works, the former incumbent or his
estate will be liable for any portion of the cost of the required
repairs remaining unpaid by him, as a debt due to the new incumbent. But
the new incumbent, whether he recovers that portion or not, will be
under the same liability to pay for the outstanding cost of the repairs
as the former incumbent would have been had he continued to hold the
benefice; and any amount which he fails to recover from the former
incumbent or his estate may with the consent of the bishop and patron be
lent to him by the Governors of Queen Anne's Bounty on the security of
the profits of the benefice.
12. (_b_) On a written complaint of the archdeacon, the rural dean, or
the patron, that the buildings of a benefice are dilapidated, or at the
request of the incumbent himself, the bishop, although no vacancy has
occurred, may direct the diocesan surveyor to inspect the buildings,
unless, in the case of a complaint on the subject, the incumbent is
himself ready to put the buildings in proper repair, and the bishop is
satisfied that this is actually done. Such inspection may also be
directed within six months after the sequestration of a benefice, and is
to be renewed in every fifth year while the sequestration continues. The
surveyor, in like manner as in the case of a vacancy, will report to the
bishop the works needed and their probable cost. The incumbent or the
sequestrator may state objections to the report, and the bishop will
give his decision in writing. If the benefice is not under
sequestration, the Governors of Queen Anne's Bounty may, with the
consent of the bishop and patron, lend on the security of the
possessions of the benefice the whole or any part of the cost of the
required works. The amount of the loan will be placed to a Dilapidation
Account, and it will be the duty of the incumbent to execute the
required works in the prescribed manner. If he fails to do so, the cost
may be raised by sequestration of the benefice, and the same course will
be taken as if that had occurred before the dilapidation proceedings had
commenced. In the case of a benefice under sequestration, the cost of
the required works is to be a charge on the income of the benefice which
comes into the hands of the sequestrator, and out of that income, after
providing for the performance of the duties of the benefice, he is to
pay the amount of the cost to the Governors of Queen Anne's Bounty, to
be placed by them to a dilapidation account. The proceedings are not to
be affected by any vacancy occurring in the benefice before the works
are executed, except so far as modification may be made in them as the
result of the report of the surveyor after his inspection consequent on
the vacancy, and except that if the benefice was under sequestration,
any unexpended amount standing to the dilapidation account of the
sequestrator is to be carried to the dilapidation account of the new
incumbent in reduction of the amount payable by the former incumbent or
his estate. A sequestrator who spends more on the repairs than is
authorised by the surveyor's report is personally liable for the
excess.[359]
13. When the surveyor certifies from time to time, until the whole of
the repairs have been executed, that a certain sum ought to be paid in
respect of the required works, such sum is payable out of the money
standing to the dilapidation account, and when all this money is
exhausted, must be paid by the incumbent himself. It is his duty to
cause the repairs to be executed, unless with the consent of the bishop
and patron he decides to rebuild or to alter or remodel any structure.
In that case, if the repairs are superseded or rendered unnecessary, the
money standing to the dilapidation account may be applied towards the
cost of the new work.
14. It is the duty of an incumbent to keep the parsonage house and other
buildings of the benefice (including the chancel of the church in the
case of a rector liable for its repairs) insured against loss or damage
by fire to the satisfaction of the Governors of Queen Anne's Bounty, in
the joint names of the incumbent and themselves, in at least
three-fifths of the value of the buildings; and the receipt for the
current year's premium in respect of the insurance must be exhibited at
the next visitation of the bishop or archdeacon. The money received in
respect of any destruction or damage of a building which the insurance
office does not cause to be reinstated at its own expense, is to be paid
to Queen Anne's Bounty, and dealt with in the same manner as money
standing to a dilapidation account. If the building cannot be reinstated
for the amount for which it was insured, the diocesan surveyor is to
certify the additional sum required for the purpose, with the same
liberty to the incumbent or sequestrator to object and the same final
order of the bishop as in the case of a report as to dilapidations. The
prescribed sum is to be paid to Queen Anne's Bounty, if the benefice is
not sequestrated, by the incumbent (with power to the bishop, in default
of payment, to raise the amount by sequestration of the benefice), or,
if the benefice is under sequestration, by the sequestrator, in the same
way as dilapidation money is payable by the incumbent or the
sequestrator, as the case may be; and the money so paid to Queen Anne's
Bounty will be paid out on certificates of the surveyor during the
progress of the works, as in the case of dilapidation repairs.[360]
15. The provisions of the Act do not apply to buildings let on lease
where the lessee is liable to insure, rebuild, and repair; but the
diocesan surveyor has power to inspect any such buildings.[361]
16. Although there is no positive rule of law on the subject, an
incumbent should, as a matter of prudence, obtain a faculty, or at any
rate the written consent of the bishop and patron, before making any
substantial alteration in the parsonage house or other buildings of the
benefice. If he fails to do so, he proceeds at the risk of himself and
his estate; and if his action is afterwards challenged, it will lie upon
him or his executors to prove that it was justifiable.[362] The
precaution should never be omitted in the case of removing a building
without erecting another in its place. With regard to any building
belonging to or forming part of a parsonage house which appears to be
unnecessary, the bishop, on the application of the incumbent, and with
the written consent of the patron, is expressly empowered to authorise
its removal; and any net proceeds of the removal will be applied to the
improvement of the benefice in such manner as the bishop and patron may
agree.[363] The foregoing remarks do not apply to structures such as
movable sheds or garden frames, which are not regarded in law as affixed
to the soil and therefore hereditaments like the land on which they
stand, nor to fancy structures with which the succeeding incumbents
ought not to be burdened.[364]
17. Upon the vacation of a benefice, the incumbent or his estate ceases
to be entitled to the income and house of residence of the benefice. But
on the death of a married incumbent who was at the time occupying the
house of residence, his widow has a right to remain in occupation for
two months after his death;[365] and in every case, until the question
of dilapidations is settled, the late incumbent or his executors or
administrators may, at reasonable hours, with a surveyor, enter upon the
premises of the vacated benefice.[366] If the vacancy occurs otherwise
than by resignation, the late incumbent or his executors or
administrators have a right to emblements, that is to say, to reap and
enjoy any crops which he sowed before the vacancy occurred but which
have not ripened until afterwards.[367] Where, however, the glebe land
is not cultivated by the incumbent himself, but is let to tenants, the
current rents are in all cases apportionable between the late incumbent,
or his estate, and the new incumbent, up to and from the date of the
occurrence of the vacancy; and the same rule applies to tithe rentcharge
and to any other income from endowments.[368] Subject to these rights
and to provision being made out of the revenue of the benefice for the
service of the cure during the vacancy,[369] the new incumbent, on his
admission, becomes entitled to the temporalities of the benefice as from
the date when the vacancy took place.
18. Under the Tithe Act, 1836,[370] and various amending Acts, a tithe
commutation rentcharge has now been substituted for all the ancient
tithes, except tithes of fish or of fishing, personal tithes (other than
the tithes of mills), mineral tithes, payments instead of tithes within
the City of London, permanent rentcharges or other payments in lieu of
tithes calculated on the rent or value of houses or lands in a city or
town under a custom or private Act, and tithes commuted or extinguished
under a previous Act. And any of the excepted tithes and payments, as
well as Easter offerings, mortuaries, and surplice fees, could be
brought within the operation of the Acts by special provisions inserted
in the parochial agreements framed under the Acts and approved by the
Tithe Commissioners.[371] Where the rectory is impropriate and there is
a vicarage, the tithe commutation rentcharge payable to the rector has
been assessed in lieu of the rectorial or great tithes, namely, those
on corn, hay and wood, and the rentcharge payable to the vicar has been
assessed in lieu of the vicarial or small tithes, those on fruits,
herbs, live stock, poultry, milk, cheese, and eggs. Under the earlier
Acts an extraordinary tithe rentcharge was leviable on lands for the
time being cultivated as hop gardens, orchards, fruit plantations, and
market gardens; but this special rentcharge has since been abolished,
the lands which had been in practice liable to it having been made
liable to a fixed additional rentcharge instead.[372] The ordinary tithe
rentcharge varies with the average prices of wheat, barley, and oats
during the preceding seven years. It was originally assessed on the
footing that £33, 6s. 8d. would buy 94.96 bushels of wheat, or 168.42
bushels of barley, or 242.42 bushels of oats; so that £100 of rentcharge
was equivalent to those amounts of the three grains. The actual amount
of £100 nominal rentcharge in any year is accordingly the sum which
would buy those amounts of the three grains at the septennial average
prices published in the _London Gazette_ at the beginning of the
year.[373]
19. Tithe commutation rentcharge is payable half-yearly by the owner of
the land on which it is assessed. If it is in arrear for more than three
months, it may be recovered on application to the county court, (_a_)
if the owner is in occupation of the land, by distress, or, if there is
no sufficient distress, by proceedings to obtain possession of the land
under section 82 of the Tithe Act, 1836, and (_b_) in other cases, by
the appointment of a receiver of the rents and profits of the land.[374]
Special facilities are given for the recovery of tithe rentcharge
payable in respect of land in the hands of a railway company which is in
arrear for twenty-one days or upwards, by distress upon the goods of the
company on any part of its line.[375]
20. The dues payable to the clergy are of two kinds: (i.) ordinary dues
and offerings, and (ii.) dues or fees payable for special services or
special concessions. Both kinds vary considerably by law or custom in
different places, and, as regards the former, an Act of 1548 provides
that all persons who by the laws or customs of the realm ought so to do,
shall yearly pay their offerings to the parson or vicar of the parish in
which they dwell at the accustomed four offering days, or in default
thereof at the next following Easter. Generally speaking, Easter
offerings are the only offerings of this description which are still
payable.[376] They are enjoined by the rubric at the end of the
Communion Office and are due of right, and are recoverable under the
Small Tithes Recovery Act, 1696,[377] before two justices, subject to an
appeal to quarter sessions. Their legal amount, in the absence of custom
to the contrary, is twopence per head, or, in London, fourpence per
house.[378] But these sums were fixed when the value of money and the
wealth of the country were very different from what they are at present;
and it is reasonable that voluntary Easter offerings should now be made
on quite another scale. The vicar of a new ecclesiastical parish has the
same right to Easter offerings as the incumbent of the ancient parish
out of which it was carved.[379]
21. Mortuaries or offerings at the time of a person's death are due in
certain places by custom, and, where so due, are recoverable in the
ecclesiastical courts. But by an Act of 1529, they were limited to 10s.
as the maximum and to small amounts where the deceased died worth less
than £40 in movable goods, none being payable if the deceased was not a
householder and worth at least ten marks in movable goods, and a penalty
was attached to demanding an illegal amount.[380]
22. Dues or fees payable for special services or concessions have
already been mentioned in connection with churchings, marriages and
burials, including in the last mentioned category those payable for the
funeral itself, for the grave, and for any tombstone or monument to be
erected upon it.[381]
23. In some cases the incumbent's stipend depends wholly or in part upon
pew rents. They can only legally be taken where authorised by a special
or general Act of Parliament. In some churches they have been sanctioned
by a special Act, which prescribes their application, and the proportion
(if any) which shall go towards the incumbent's stipend. They are also
sanctioned in certain cases by the Church Building Acts and New Parishes
Acts. Where pew rents are fixed under these Acts, the incumbent is
entitled to such portion of them as may be settled in the manner therein
prescribed;[382] and he can recover that portion from the churchwardens
by an action at law.[383] An incumbent, who has a vote for a
parliamentary borough as a resident therein, and who receives for his
own use part of the pew rents of the church, which is also situate in
the borough, but which is his freehold, has a parliamentary vote for the
county as a freeholder, since he does not occupy the church within the
meaning of 2 & 3 Will. 4, c. 45, s. 24.[384]
24. The incumbents of certain ancient benefices above the yearly value
of £50 are liable to the payment to Queen Anne's Bounty of first fruits
in the first year of their incumbency and tenths in succeeding years.
The first fruits are the amount of one year's value of the benefice as
recorded in the _valor beneficiorum_ or King's Books compiled in the
sixteenth century, and the tenths are one-tenth of the same amount. They
were originally paid to the Pope, and were annexed by Henry VIII. to the
Crown, until Queen Anne bestowed them on the Bounty which bears her
name, to form a fund for the augmentation of poor livings. Where they
are payable, first fruits are due three months after admission to the
benefice, and tenths annually at Christmas. An incumbent is only
chargeable with the whole of the first fruits if he remains incumbent at
the end of two years from the occurrence of the vacancy which he was
appointed to fill. He is liable to none, or to one-fourth, one-half or
three-fourths, if he dies or is removed within the first, second, third,
or fourth half-year after that event.[385] Two Acts passed in 1706 and
1707[386] discharged from the payment of first fruits and tenths all
benefices which at the time were under the annual value of £50, except
that those of which the tenths had been previously granted away by the
Crown to other parties were still to continue liable to tenths only.
Other exemptions have been granted in favour of particular benefices at
different times; and in 1837, out of 10,498 benefices with and without
cure of souls, only 4898 remained liable to tenths, 4500 of that number
being also liable to first fruits.[387]
25. Income or property tax is payable by an incumbent under schedule (A)
in respect of his house of residence, glebe lands, and tithe
rentcharge.[388] In respect of any landed property (other than a house
of residence) actually occupied by him, income tax is also payable on
one-third of its annual value, except that if he occupies it for the
sole purpose of husbandry and can show that his profits fell short of
that one-third, the tax is payable on the actual amount of the
profits.[389] The tax is also payable by him in respect of all other
stipend, fees, perquisites and profits accruing to him by reason of his
incumbency. But in estimating these a clergyman or other minister of
religion may deduct money paid and expenses incurred wholly,
exclusively, and necessarily in the performance of his ministerial
duties. In two Scotch cases these deductions were held to include the
expense of visiting members of his congregation, attending church
meetings enjoined on him as part of his duty, outlay on stationery, and
communion expenses; but no deduction was allowed in respect of part of
the manse used as an office for his clerical business, or for the cost
of books or for a voluntary contribution made by him towards the stipend
of an assistant minister.[390] There is sometimes a difficulty in
determining whether sums of money which are granted or given to a
clergyman, but are not part of his legal or recognised stipend, are
taxable perquisites or profits accruing to him by reason of his office
or not. The true test, namely, whether the gift is made to him in
respect of his office or is personal to himself, is not easy to apply in
particular instances. In another Scotch case it was held that a
voluntary contribution made by parishioners to their minister, and
received by him in respect of the discharge of the duties of his office,
was taxable.[391] A grant to a curate by the Curates' Augmentation Fund
in recognition of upwards of fifteen years' faithful service is not
taxable, not being made in respect of performing present duties. But a
grant to an incumbent from the Queen Victoria Clergy Fund, being made in
respect of the poverty of his benefice, was decided by the Court of
Appeal to be taxable, although the Divisional Court below had held the
contrary.[392]
Footnotes
[317] 51 & 52 Vict. c. 42; 54 & 55 Vict. c. 73.
[318] Under the School Sites Acts, 1841, 1844 and 1851 (4 & 5 Vict. c.
38, 7 & 8 Vict. c. 37, 14 & 15 Vict. c. 24), land may under certain
restrictions be conveyed to the minister and churchwardens and overseers
of the poor, or to the ministers and churchwardens, of a parish, for the
purpose of the education of the poor, and when so conveyed will remain
vested in them and their successors as if they were a corporate body;
but, except where authorised by a special local Act, it cannot be
conveyed to the incumbent and churchwardens, or to the churchwardens
alone, in perpetuity for any other purpose. (In the City of London,
however, churchwardens can, by custom, acquire and hold land as a
corporation for ecclesiastical or parochial purposes.) The Bodies
Corporate (Joint Tenancy) Act, 1899 (62 & 63 Vict. c. 20), does not give
any further power to an incumbent to hold property as a corporation
jointly with another corporation or with individuals upon any
ecclesiastical or charitable trusts; since the holding authorised by the
Act is to be subject to the same conditions and restrictions as attach
to its holding by a body corporate in severalty; and an incumbent as
above mentioned could not, without a licence in mortmain, hold as a
corporation by himself any property upon similar trusts, unless
empowered to do so by express statutory authority.
[319] Jones _v._ Ellis (1828) 2 Yo. & Jer. 265, 266, 273; Batten _v._
Gedye (1889) 41 Ch. D. 507.
[320] Morley _v._ Leacroft (1896) P. 92; Neville _v._ Kirby (1898) P.
160.
[321] Jarratt _v._ Steele (1820) 3 Phill. 167; Jones _v._ Ellis _ubi
sup._; Griffin _v._ Dighton (1864) 5 B. & Sm. 93, aff. 108; 33 L. J. Q.
B. 29, aff. 181.
[322] Harrison _v._ Forbes (1860) 6 Jur. N. S. 1353; Redhead _v._ Wait
(1862) 6 L. T. N. S. 580.
[323] Daunt _v._ Crocker (1867) L. R. 2 A. & E. 41; 37 L. J. Eccl. 1.
[324] Greenslade _v._ Darby (1868) L. R. 3 Q. B. 421; 9 B. & Sm. 428.
[325] Stat. (_temp incert._) _Ne rector prosternat arbores in
cemiterio._
[326] (1856) 19 & 20 Vict. c. 104, s. 10.
[327] (1833) 3 & 4 Will. 4, c. 30; Angell _v._ Paddington Vestry (1868)
9 B. & Sm. 496; L. R. 3 Q. B. 714.
[328] Reg. _v._ Lee (1878) 4 Q. B. D. 75.
[329] M'Gough _v._ Lancaster Burial Board (1888) 21 Q. B. D. 321; 52 J.
P. 740.
[330] Keet _v._ Smith (1875) L. R. 4 A. & E. 398; rev. (1876) 1 P. D.
73. The bishop himself decides disputes as to monumental inscriptions on
stones in the consecrated portion of a burial ground provided under the
Burial Acts; (1852) 15 & 16 Vict. c. 85, s. 38. As to the consecrated
parts of cemeteries established by companies under the Cemeteries
Clauses Act, 1847, see 10 & 11 Vict. c. 65, s. 51.
[331] Sm. Churchw. 52-57. A faculty is not necessary for mere repairs or
redecoration where no alteration is made in the structure or the design,
nor for trifling additions such as movable seats or hassocks. But a
change in the mode of lighting or heating the church ought to be
sanctioned by faculty. The grant of a faculty, besides ensuring that all
is done legally and carefully, prevents any ill-feeling being cherished
in the parish on the score of the alteration having been made without
the knowledge or consent of some of the parishioners; since the
application for the faculty affords to all who are interested in the
matter an opportunity for submitting their views upon it. The regular
mode of obtaining the approval of the parishioners to it is by a
resolution of the vestry. But the opinion of the vestry is not
conclusive; and a distinction will sometimes be made between the votes
of those members of the vestry who are Church people and those who are
not; see note (3) on p. 89 above.
[332] Rosher _v._ Vicar of Northfleet (1825) 3 Add. 14; Pitcher _v._ The
Same (1825) _Ib._ 15.
[333] Adlam _v._ Colthurst (1867) 36 L. J. Eccl. 14.
[334] Vicar of Tottenham _v._ Venn (1874) L. R. 4 A. & E. 221, 225.
[335] _Re_ Bideford Parish (1900) P. 314.
[336] Rector of St. Stephen's, Wallbrook _v._ Sun Fire Office Trustees
(1883) Trist. Cons. Judgm. 103.
[337] _Re_ St. Martin's Orgars (1870) _Ib._ 145. Comp. Rector of St.
Stephen's, Wallbrook _v._ Sun Fire Office Trustees, _ubi sup._
[338] _Re_ St. George in the East (1876) 1 P. D. 311.
[339] (1884) 47 & 48 Vict. c. 72; (1887) 50 & 51 Vict. c. 32, s. 4.
[340] Com. Dig. tit. "Dismes" (B. 2).
[341] 2 Burn, 302.
[342] Bird _v._ Relph (1833) 4 B. & Ad. 826.
[343] Degge, ch. viii.; Sowerby _v._ Fryer (1869) L. R. 8 Eq. 417. The
right to cut timber for the purpose of repairs includes the right to
sell timber at a distance from the site of the repairs and buy other
timber with the proceeds of the sale; Wither _v._ Dean of Winchester
(1817) 3 Mer. 421.
[344] Holden _v._ Weekes (1860) 1 J. & H. 278; Ecclesiastical
Commissioners _v._ Wodehouse (1895) 1 Ch. 552.
[345] Ross _v._ Adcock (1868) L. R. 3 C. P. 655.
[346] 17 Geo. 3, c. 53; 21 Geo. 3, c. 66.
[347] 7 Geo. 4, c. 66; 1 & 2 Vict. c. 23; 1 & 2 Vict. c. 106, s. 62.
[348] (1865) 28 & 29 Vict. c. 69.
[349] (1881) 44 & 45 Vict. c. 25; (1887) 50 & 51 Vict. c. 8; (1896) 59 &
60 Vict. c. 13.
[350] (1777) 17 Geo. 3. c. 53, s. 21; (1803) 43 Geo. 3, c. 108; (1811)
51 Geo. 3, c. 115; (1815) 55 Geo. 3, c. 147, s. 5; (1856) 19 & 20 Vict.
c. 104, s. 27; (1865) 28 & 29 Vict. c. 69, s. 4. As to the consent of
the Board of Agriculture being requisite to a grant of common land, see
(1899) 62 & 63 Vict. c. 30, s. 22.
[351] (1815) 55 Geo. 3, c. 147; (1816) 56 Geo. 3, c. 52; (1820) 1 Geo.
4, c. 6; (1825) 6 Geo. 4, c. 8; (1826) 7 Geo. 4, c. 66; (1838) 1 & 2
Vict. c. 23; c. 29; (1839) 2 & 3 Vict. c. 49; (1842) 5 & 6 Vict. c. 54;
(1846) 9 & 10 Vict. c. 73, s. 22; (1858) 21 & 22 Vict. c. 57; (1860) 23
& 24 Vict. c. 93, s. 41; (1861) 24 & 25 Vict. c. 105, s. 3; (1865) 28 &
29 Vict. c. 57; (1888) 51 & 52 Vict. c. 20. See also The Sale of Glebe
Land Rules 1897 (Weekly Notes (1897) p. 117); Ecclesiastical
Commissioners _v._ Pinney (1899) 1 Ch. 99; 2 Ch. 729; aff. (1900) 2 Ch.
737.
[352] (1838) 1 & 2 Vict. c. 106, ss. 59, 60.
[353] (1842) 5 & 6 Vict. c. 27.
[354] (1842) 5 & 6 Vict. c. 108; (1858) 21 & 22 Vict. c. 57; (1861) 24 &
25 Vict. c. 105; Ecclesiastical Commissioners _v._ Wodehouse (1895) 1
Ch. 552.
[355] Wise _v._ Metcalfe (1829) 10 B. & C. 299; Martin _v._ Roe (1857) 7
E. & B. 237.
[356] 34 & 35 Vict. c. 43. The Act is amended so far as respects the
rates of fees thereunder by (1872) 35 & 36 Vict. c. 96; and so far as
respects mortgages for loans, by that Act and (1896) 59 & 60 Vict. c. 13
and the intermediate Acts specified in the schedule thereto, and, in the
case of extraordinary tithe redemption, by (1886) 49 & 50 Vict. c. 54,
s. 12.
[357] The time is not essential, Caldow _v._ Pixell (1877) 2 C. P. D.
562.
[358] _Re_ Monk: Wayman _v._ Monk (1887) 35 Ch. D. 538. Consequently if
on an incumbent's death the benefice is under sequestration, the
sequestrator is not liable for the dilapidations; Jones _v._ Dangerfield
(1875) 1 Ch. 438. On an exchange, the claim for dilapidations may be
waived on both sides, with a view to their falling, in the case of each
benefice, on the incoming instead of on the outgoing incumbent; Wright
_v._ Davies (1876) 1 C. P. D. 638.
[359] Kimber _v._ Paravicini (1885) 15 Q. B. D. 222.
[360] (1871) 34 & 35 Vict. c. 43, ss. 54-57.
[361] _Ib._ ss. 58, 59.
[362] Huntley _v._ Russell (1849) 13 Q. B. 572; 13 Jur. 837; 18 L. J. Q.
B. 239.
[363] (1871) 34 & 35 Vict. c. 43, s. 71.
[364] Huntley _v._ Russell, _ubi sup._; Martin _v._ Roe (1857) 7 E. & B.
237; 3 Jur. N. S. 465; 26 L. J. Q. B. 129.
[365] (1838) 1 & 2 Vict. c. 106, s. 36.
[366] (1871) 34 & 35 Vict. c. 43, s. 29.
[367] (1536) 28 Hen. 8, c. 11, s. 4; Bulwer _v._ Bulwer (1819) 2 B. &
Ald. 470.
[368] (1738) 11 Geo. 2, c. 19, s. 15; (1834) 4 & 5 Will. 4, c. 22;
(1836) 6 & 7 Will. 4, c. 71, s. 86; (1870) 33 & 34 Vict. c. 35.
[369] See ch. iii. § 2 (_a_) above.
[370] 6 & 7 Will. 4, c. 71.
[371] 6 & 7 Will. 4, c. 71, s. 90. The Statutory powers of the Tithe
Commissioners are now vested in the Board of Agriculture.
[372] (1839) 2 & 3 Vict. c. 62, s. 28; (1860) 23 & 24 Vict. c. 93, ss.
42, 43; (1886) 49 & 50 Vict. c. 54; (1897) 60 & 61 Vict. c. 23.
[373] (1882) 45 & 46 Vict. c. 37 (Corn Returns).
[374] (1891) 54 & 55 Vict. c. 8.
[375] (1844) 7 & 8 Vict. c. 85, s. 22.
[376] 2 & 3 Edw. 6, c. 13, s. 10 (see (1887) 50 & 51 Vict. c. 59, sch.).
The four offering days are Christmas, Easter, Whitsuntide, and the feast
of the dedication of the parish church; Gibs. Cod. 705.
[377] 7 & 8 Will. 3, c. 6.
[378] Wats. ch. iii. p. 585; Carthew _v._ Edwards (1749) Ambl. 71;
(1866) L. R. 1 Q. B. 632; Phill. Eccl. Law, Pt. v. ch. iv. § 2, pp.
1242-1245.
[379] (1843) 6 & 7 Vict. c. 37, s. 15.
[380] (1285) 13 Edw. 1, st. _Circumspecte agatis_; (1529) 21 Hen. 8, c.
6; Wats. ch. iiii. pp. 595-598; Phill. Eccl. Law, Pt. iii. ch. x. § 5,
pp. 685-9.
[381] See above, ch. v. § 10; ch. vi. § 15; ch. vii. §§ 5, 6, 8, 9.
[382] Sm. Churchw. 67-71; (1818) 58 Geo. 3, c. 45, ss. 62-66, 73-79;
(1819) 59 Geo. 3, c. 134, ss. 6, 26, 27, 30-33; (1822) 3 Geo. 4, c. 72,
ss. 23-25; (1824) 5 Geo. 4, c. 103, ss. 10, 11, 18; (1831) 1 & 2 Will.
4, c. 38, ss. 4, 5, 22; (1845) 8 & 9 Vict. c. 70, s. 11; (1838) 1 & 2
Vict. c. 107, s. 18; (1856) 19 & 20 Vict. c. 104, ss. 6-8; (1884) 47 &
48 Vict. c. 65, s. 4.
[383] Lloyd _v._ Burrup (1868) L. R. 4 Ex. 63.
[384] Wolfe _v._ Clerk of Surrey County Council; Reeve _v._ The Same
(1904) 1 K. B. 439.
[385] (1559) 1 Eliz. c. 4, s. 6; Wats. ch. xv. pp. 174-9; Phill. Eccl.
Law, pt. v. ch. viii. pp. 1355-64.
[386] 6 Ann. cc. 24, 54.
[387] Report of Select Committee on First Fruits and Tenths and
Administration of Queen Anne's Bounty (presented to the House of Commons
and ordered to be printed 7th June 1837), p. iv.
[388] In estimating the value of tithe rentcharge, the necessary cost of
collection may be deducted, Stevens _v._ Bishop (1887) 19 Q. B. D. 442;
aff. (1888) 20 Q. B. D. 442.
[389] 59 & 60 Vict. c. 28 (Finance Act, 1896) ss. 26, 27.
[390] 16 & 17 Vict. c. 34 (Income Tax Act, 1853) s. 52; Charlton _v._
Inland Revenue Commissioners (1890) 27 Sc. L. R. 647; Lothian _v._
Macrae (1883) 22 Sc. L. R. 219.
[391] Inland Revenue _v._ Strang (1878) 15 Sc. L. R. 704.
[392] Turner _v._ Cuxon (1888) 22 Q. B. D. 150; Herbert _v._ M'Quade
(1901) 2 K. B. 761; rev. on app. (1902) 2 K. B. 631.
INDEX
Ablutions, 91
Absolution, 135 _sq._, 138-140
Admission to benefice, 25-37;
to curacy, 55;
of churchwardens, 69
Advowson, 8;
sale and transfer of, 26-28
Agnus Dei, 90
Albe, 89
Allegiance, oath of, 35
Apportionment of income on vacancy, 160
Archbishop, 15, 25, 28, 31 _sq._, 56, 101, 113
Archdeacon, 17 _sq._, 69, 74, 154
Articles, Thirty-nine, 34, 36, 53, 87 (n.)
Authority, lawful, 34, 81
Baldacchino, 89
Bankruptcy, 57, 58
Banns, 85, 100, 109-112, 115
Baptism, 91-93;
lay, 93, 123
Beadle, 75 _sq._
Bells, 70, 83, 121, 135, 143 _sq._
Benefice, 14;
admission to, 25-37;
holding of two, 44, 52
Beneficed clergy, 14-16, 25-54
Benefices Act, 26-33, 46
Bigamy, 105
Biretta, 89
Bishop, 15-17, 27, 39, 55 _sq._, 70, 83, 129, 145;
suffragan, 16
Body, cast up by sea, 123;
removal of, 133 _sq._, 147
Brawling, 24, 71
Brick grave, 122 (n.), 126
Buildings, 149-159;
removal of, 158 _sq._
Burial, 121-134
Burial Acts, 128-133;
Act of 1880, 123, 126 _sq._;
Act of 1900, 129-133
Candles, Candlesticks, 88, 90
Canons, Canon Law, 3-5
Canonical obedience, 15, 35
Catechising, 98 _sq._
Cemetery, 128, 145 (n.), 147 _sq._
Ceremonies, 86, 90, 91
Certificate of surveyor, 152 _sq._;
of registrar for marriage, 101, 112-115
Chalice, mixed, 90
Chancel, 143-146; seats in, 70;
gates, 88
Chancellor, 16 _sq._, 69, 117, 125 _sq._
Chapel, private, 42;
of school or institution, 42;
proprietary, 42 _sq._;
of burial-ground, 129 _sq._
Chasuble, 89
Choristers, 76
Church, rights in, 69-71, 142-148;
burial under, 124;
of new parish, 11, 43, 101
Church Discipline Act, 18-20, 54
Church Trustees, 72 _sq._
Churching, 99
Churchwardens, 33, 59, 67-71, 85 _sq._, 122 _sq._, 142 (n.)
Churchyard, 69-71, 142-148
Clergy, civil privileges and disabilities, 21-24;
duties, 20-22, 38 _sq._;
ordained for service abroad, 12 _sq._, 29;
protection, 22, 24;
relinquishment of office, 24;
secular occupations, 21-23;
unbeneficed, 14, 55-64
Clergy Discipline Act, 19 _sq._, 54, 100
Clergy Resignation Bonds Act, 50
Clerical Disabilities Act, 24
Clerk, parish, 59, 73 _sq._, 130-132
Collation, 33-37
Collection of money, 70 _sq._, 85 _sq._
Colonial Clergy Act, 12 _sq._, 29
Commission of inquiry, 18, 45 _sq._, 59
Communion service, 82, 90 _sq._;
administration, 93-97;
refusal of, 94-97, 118-120;
of sick, 136 _sq._
Confession, 135 _sq._, 138-140
Confirmation, 96 _sq._, 137 _sq._
Consecration, 103;
of burial-ground, 128-130
Conviction, 54
Cope, 89
Coroner's order, 127 _sq._
Corporate status of incumbent, 141 _sq._
Council (borough, county, district, parish), 21;
parochial church, 79
Courts, ecclesiastical, 5-7
Credence table, 88
Cremation, 133
Cross, 87;
sign of, 90
Crucifix, 87
Curate, 48, 55-64;
assistant, 10, 12, 14, 60-61;
in charge, 12, 56-60;
perpetual, 9 _sq._
Curates' Augmentation Fund, 168
Cure of souls, 38
Dangerous structure, 145
Deacon, 20 _sq._, 93, 115
Dean, 17 (n.);
rural, 18, 154
Declaration of assent, 34 _sq._, 55
Deprivation, 48, 52-54
Dilapidations, 152-159
Diocese, _Dioececis_, 7
Dissenters, 91, 96 _sq._, 103 _sq._, 123, 126 _sq._
Divorce, 106 _sq._
Dues, 163 _sq._
Easter offerings, 63 _sq._
Ecclesiastical Dilapidations Act, 152-160
Elevation, 90
Emblements, 160
Established Church, 1-3
Exchange, 50, 52
Excommunicate, burial of, 123
Faculty, 71, 88, 122 _sq._, 133,145-148
Farming, 22 _sq._, 151
Fees, 36 _sq._, 55, 117, 124-6, 130-133, 164
Fire insurance, 69 _sq._, 157
First fruits, 165 _sq._
Flower vases, 88
Foreigner, marriage of, 197 _sq._;
ordination of, 12 _sq._, 29
Genuflexions, 90
Gilbert Acts, 149 _sq._
Glass shades, 145
Glebe, 22 _sq._, 148 _sq._, 151 _sq._, 160
Godparents, 92
Gown, black, 90
Grave, private, 122 _sq._, 126, 146
Guardian of poor, 21;
of minor, 104 _sq._
Homily, 97 _sq._
Hood, 89
House, parsonage, 148-159
House of Commons, 21;
of Lords, 21
Hymns, 77, 90, and note
Illegitimate child, baptism of, 91;
marriage of, 105, 111 (n.)
Images, 88
Immersion, 92
Incense, 90
Income Tax, 167 _sq._
Incumbent, 12;
rights and duties of, 38-43, 63 _sq._, 141-168
Incumbents' Resignation Acts, 51 _sq._
Induction, 36 _sq._
Institution, 33-37
Ireland, banns in, 110;
clergy of, 12 _sq._, 29
Judicial decisions, 5-7, 87 (n.);
procedure, 18-20
Jury, exemption from, 21
Justice of the peace, 21
Keys of Church, 143
Laity, 65-79;
baptism by, 93, 123
Lapse, 25 _sq._
Leases, of glebe, 151 _sq._;
of buildings, 151, 158
Lecture, Lecturer, 12, 64, 98
Lecturers and Parish Clerks Act, 64, 74
Licence, admission by, 33-37;
for marriage, 101 _sq._, 113-116;
in mortmain, 142;
to officiate, 55-64;
for unconsecrated building, 41, 43, 102
Litany, 82, 84
Lunatic, resignation of, 51;
marriage of, 105
Marriage, 100-120;
validity of, 101, 118-120
Mines, 149
Minister in charge, 12, 56-60
Minor, marriage of, 104 _sq._
Money, collection of, 70 _sq._, 85 _sq._
Monument, 145 _sq._
Mortmain and Charitable Uses Acts, 142
Mortuaries, 164
Neglect of duties, 44-46, 59, 62
Non-parishioner, burial of, 121-123
Non-residence, 46-49, 58 _sq._, 151
Notices, 85
Offertory, 70 _sq._, 85 _sq._
Orders, indelibility of, 24
Organ, Organist, 76 _sq._, 143
Ornaments, 86-89;
Rubric, 86, 87 (n.)
Parish, _parochia_, 7;
new, 10 _sq._, 43, 102, 164
Parson, 8
Parsonage house, 148-159
Patronage, 8, 25-28
Peel district and parish, 11 (n.), 59 _sq._
Pension on resignation, 51 _sq._
Pew, private, 143;
rents, 164 _sq._
Pictures, 88
Prayer, Morning and Evening, 82-85
Prayer Book, 34, 80-85;
First of Edward VI., 87 (n.), 89, 93 _sq._, 137 (n.), 138 _sq._
Preaching, 63 _sq._, 97 _sq._.
Presentation, 25-33;
next, 27
Private ministrations, 40 _sq._, 135-140
Prohibited degrees, 103, 108 _sq._
Property Tax, 167 _sq._
Public Worship Regulation Act, 19 _sq._, 53
Quarries, 149
Queen Victoria Clergy Fund, 168
Rates, 145
Reader, 77 _sq._
Rector, rectory, 8-10, 143-146
Register of marriages, 117 _sq._
Registrar, certificate of, 101, 112-115;
licence of, 112 _sq._;
service after marriage before, 116
Religious worship, liberty of, 41 _sq._
Removal of body, 133 _sq._, 147
Reservation, 91, 137
Residence, 46-49, 58 _sq._, 151;
house of, _see_ Parsonage House;
for marriage, 110, 113
Resignation, 25, 49-52
Roman Catholic patron, 28
Rural Dean, 18, 154
Sacristan, _see_ Sexton
Scarf, 89
School Sites Acts, 142
Schools, 78 _sq._
Scotland, banns in, 110;
clergy of, 12 _sq._, 29
Sculptures, 88
Seats (_see also_ Pew), 70
Sequestration, 47 _sq._, 53, 56 _sq._, 71, 154-158
Sermon, 82, 84, 97 _sq._
Service, Divine, 80-99
Sexton, 74 _sq._, 130-132
Sick, visiting of, 78;
Visitation of, 135 _sq._;
Communion of, 136 _sq._
Sidesmen, 71 _sq._
Simony, 50, 52;
declaration against, 34 _sq._
Stole, 89
Sturges Bourne's Act, 65-67
Suicide, 123
Surplice, 70, 89 _sq._
Surrogate, 113
Surveyor, diocesan, 152, 155 _sq._
Table, Holy, 87;
second, 88
Tax, income, 167 _sq._
Tenths, 165 _sq._
Testimonials, 30 _sq._, 56
Tithes, 7-10, 148, 160-162
Tombstone, 145 _sq._;
removal of, 147 _sq._
Trading, 22 _sq._
Trustees, Church, 72
Tunicle, 89
Unbaptized, burial of, 123
Unbeneficed clergy, 14-16, 55-64
Unconsecrated buildings, 41-43
Uniformity, Acts of, 53, 80-84, 87 (n.), 98
Vacancy, 48-54, 56 _sq._, 71, 153 _sq._, 159
Vault, 122 _sq._, 126, 144, 146
Vestments, 86, 89 _sq._
Vestry, 65-67, 89, 146;
marriage in, 116
Vicar, Vicarage, 9, 11, 33
Visitation, 16, 17, 69;
of sick, 135 _sq._
Wafers, 90
Waste, 148 _sq._
Welsh language, 44 _sq._
Widow, occupation of parsonage house by, 159
THE END
Printed by BALLANTYNE, HANSON & Co.
London & Edinburgh
=Handbooks for the Clergy=
Edited by the Rev. ARTHUR W. ROBINSON, B.D.,
Vicar of Allhallows Barking by the Tower.
_Price 2s. 6d. net._
=THE PERSONAL LIFE OF THE CLERGY.= By the EDITOR.
=PATRISTIC STUDY.= By the Rev. H. B. SWETE, D.D., Regius
Professor of Divinity in the University of Cambridge.
=THE MINISTRY OF CONVERSION.= By the Rev. A. J. MASON, D.D.,
Master of Pembroke College, Cambridge, and Canon of Canterbury.
=FOREIGN MISSIONS.= By the Right Rev. H. H. MONTGOMERY, D.D.,
formerly Bishop of Tasmania, Secretary of the Society for the
Propagation of the Gospel in Foreign Parts.
=THE STUDY OF THE GOSPELS.= By the Very Rev. J. ARMITAGE
ROBINSON, D.D., Dean of Westminster.
=A CHRISTIAN APOLOGETIC.= By the Very Rev. WILFORD L. ROBBINS,
Dean of the General Theological Seminary, New York.
=PASTORAL VISITATION.= By the Rev. H. E. SAVAGE, M.A., Vicar of
Halifax.
=AUTHORITY IN THE CHURCH.= By the Very Rev. T. B. STRONG, D.D.,
Dean of Christ Church, Oxford.
=THE STUDY OF ECCLESIASTICAL HISTORY.= By the Right Rev. W. E.
COLLINS, D.D., Bishop of Gibraltar.
=RELIGION AND SCIENCE.= By the Rev. P. N. WAGGETT, M.A., of the
Society of St. John the Evangelist, Cowley.
=LAY WORK AND THE OFFICE OF READER.= By the Right Rev. HUYSHE
YEATMAN-BIGGS, D.D., Bishop of Worcester.
=CHURCH MUSIC.= By A. MADELEY RICHARDSON, Mus. Doc., Organist
of St. Saviour's Collegiate Church, Southwark.
=INTEMPERANCE.= By the Right Rev. H. H. PEREIRA, D.D., Bishop of
Croydon.
=ELEMENTARY SCHOOLS.= By the Rev. W. FOXLEY NORRIS, M.A., Rector
of Barnsley and Hon. Canon of Wakefield.
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End of Project Gutenberg's The Legal Position of the Clergy, by P. V. Smith