Office of Lecturer. How appointed. CHAPTER XVI. LECTURERS AND READERS. THIS chapter relates to : 1. Lecturers. 2. Readers. 1. Lecturer. IN London and other cities there are lecturers appointed as assistants to the rectors of churches. They are generally chosen by the vestry or chief inhabitants; and are usually the afternoon preachers (r). There are also one or more lecturers in most cathedral churches, and many lectureships have likewise been founded by the donation of private persons, as Lady Moyer's at St. Paul's, and many others. A person holding a lectureship may be suspended for illegal trading, and for the third offence deprived, by s. 31 of 1 & 2 Vict. c. 106, and generally falls under the same restrictions as other "spiritual persons" by that act, and is also subject to 3 & 4 Vict. c. 86. It seems generally that the bishop's power is only to judge as to the qualification and fitness of the person, and not as to the right of the lectureship: As in the case of the churchwardens of St. Bartholomew's, in 12 Will. 3 (s), one Fishbourne left 257. a year for the maintenance of a weekly lecturer, and appointed that the lecturer should be chosen by the parishioners, and to preach on any day in every week as they should like best. The parishioners fixed on Thursday, and chose a lecturer every year: and now Mr. Turton being lecturer, and the parish having chosen Mr. Rainer, the other would not submit to the choice, whereupon the churchwardens shut Turton out of the church. Afterwards the Bishop of London determined in his favour, and granted an inhibition and monition for that purpose. But by Holt C. J.-A prohibition must go to try the right; it is true a man cannot be a lecturer without a licence from the bishop or archbishop, (r) See pp. 538, 550, for lectureships in churches in the metropolis united under modern acts. (8) 3 Salk. 87; 13 East, 419. but their power is only as to the qualification and fitness of the person, and not as to the right of the lectureship; and the ecclesiastical court may punish the churchwardens, if they will not open the church to the person, or to any one acting under him, but not if they refuse to open it to any other (t). feres. But in a case where there is no fixed lecturer or ancient When the salary, but the lectureship is to be supported only by ordinary intervoluntary contributions, and there is not any custom concerning such election, it seems that the ordinary is the proper judge whether or no any lecturer in such place ought to be admitted, as in the case of a lecturer of St. Anne's, Westminster, in 16 Geo. 2 (u), the Court of King's Bench, upon consideration, refused to grant a mandamus to the Bishop of London to grant a licence to a lecturer, who appeared to have no fixed salary, but to depend altogether upon voluntary contributions, and where there was no custom and the rector had refused his leave to preach in the church to the person now applying. This doctrine has been recognized in the following cases-Rex v. The Bishop of London, relative to St. Luke, Chelsea (x), and Rex v. Field, Rector, and others the Churchwardens of the United Parishes of St. Anne, St. Agnes and Zachary (y). For, per Lord Mansfield, C. J., in the former case-No person can use the pulpit of another unless he consents. But if there has been an immemorial usage, the law supposes a good foundation for it; and if the lectureship be endowed, that affords a strong argument to support the custom. And, per Lord Kenyon, C.J., in the latter case-The right of the lecturer in such case partially supersedes the right of the rector (z). In Rex v. The Bishop of Exeter (a), it appeared that John Dodderidge had by his will devised a rent-charge of 501. per annum, payable out of the impropriate rectory of Fremington, for the use of a lecturer within the said parish for ever. The lectures had been read in the parish church, and the annual stipend had been regularly paid to the several lecturers from his death to that of the last lecturer. The lectureship was founded in 1658, consequently there could be no immemorial usage; and as the episcopal constitution was at that time suspended, there could be no assent of the bishop, rector and vicar to the endowment. (t) Rex v. Bishop of London, 13 East, 419; 3 Salk. 87; Churchwardens of St. Bartholomew's case, 3 Salk. 87. (u) Str. 1192; 1 Wils. 11. (x) 1 T. Rep. 331. (2) See, however, 2 Eden, 360. As to licence. The Court of King's Bench therefore refused a mandamus to the bishop to license a lecturer without the consent of the vicar. Trustees of a lecture, to be preached at a convenient hour, may appoint any hour they please, and vary their appointment (c). As to the right of and qualification for voting in the nomination of a lecturer, the usage of the parish is, according to Lord Hardwicke, if consistent with the deed of trust, a safe criterion (d). But it is always to be borne in mind, as laid down by Dr. Swabey in Clinton v. Hatchard (e), that no person can be a lecturer, although elected by the parishioners, without the rector's consent, unless there be an immemorial custom to such effect (f). In Rex v. Jacob, Romain obtained a rule to show cause why a mandamus should not be granted, to restore him to the lectureship of D. (St. Dunstan's?) On showing cause, it appeared that the trustees of the founder of the lectureship appointed him to preach at seven in the afternoon, but he would only preach immediately after service; and it appearing that the hour had before been varied, the court discharged the rule, with costs; because the above circumstances had not been disclosed when the motion was originally made (g). Canons 36 and 37 of 1865 expressly apply to lecturers and readers of divinity. So did the former canons of 1603 (h). By 14 Car. 2, c. 4, s. 15, "No person shall be received as a lecturer, or permitted, suffered or allowed to preach as a lecturer, or to preach or read any sermon or lecture in any church, chapel or other place of public worship, unless he be first approved and thereunto licensed by the archbishop of the province or bishop of the diocese, or (in case the see be void) by the guardian of the spiritualties, under his seal." "Lecturers" and "preachers" are expressly included under 28 & 29 Vict. c. 122, s. 5 (i). By 14 Car. 2, c. 4, s. 17, If any person who is by this act disabled (or prohibited, 15 Car. 2, c. 6, s. 6) to preach any lecture or sermon, shall during the time that he shall (c) Rex v. Bathurst, 1 W. Black. 210. (d) 1 Ves. sen. 43; see also 14 Ves. 7; 10 Ves. 342; 3 Atk. 599; 2 Vern. 387. (e) 1 Add. 97. (f) See also 4 B. & C. 569. Canterbury and Bishop of Lon- (h) See p. 315, supra. continue so disabled (or prohibited) preach any sermon or Prohibition. lecture, he shall suffer three months' imprisonment in the Statutory common gaol; and any two justices of the peace of any penalty. county within this realm, and the mayor or other chief magistrate of any city or town corporate within the same, upon certificate from the ordinary made to him or them of the offence committed, shall and are hereby required to commit the person so offending to the gaol of the same county, city or town corporate. By sect. 18 it is provided, that at all times when any sermon or lecture is to be preached, the common prayers and service in and by the said book appointed to be read for that time of the day, shall be openly, publicly and solemnly read by some priest or deacon, in the church, chapel, or place of public worship, where the said sermon or lecture is to be preached, before such sermon or lecture be preached, and that the lecturer then to preach shall be present at the reading thereof. By sect. 19," This act shall not extend to the university churches when any sermon or lecture is preached there, as and for the university sermon or lecture; but the same may be preached or read in such sort and manner as the same hath been heretofore preached or read.' In 1844 the statute 7 & 8 Vict. c. 59 was passed. It 7 & 8 Vict. was entitled "An Act for better regulating the Offices c. 59. of Lecturers and Parish Clerks." The preamble recited "Whereas in divers districts, parishes and places there now are or hereafter may be certain lecturers or preachers in the holy orders of deacon or priest of the united church of England and Ireland elected or otherwise appointed to deliver or preach lectures or sermons only, without the obligation of performing other clerical or ministerial duties: And whereas it is expedient in many cases that such lecturers or preachers should be authorized and required to perform other clerical and ministerial duties, and to act, if necessary, as assistant curates, in such districts, parishes, or places. It proceeded to enact as follows: Sect. 1. "From and after the passing of this act it Lecturers or shall be lawful for the bishop of the diocese wherein any be required to preachers may such lecturers or preachers shall be so elected or appointed perform other as aforesaid, if he shall think fit, with the assent of the clerical duties incumbent of every such district, parish, or place, to in certain require, by writing under his hand and seal, any such lecturer or preacher to undertake and perform such other clerical or ministerial duties, as assistant curate or otherwise, within such district, parish, or place, as the said cases. Saving the rights of present holders. Power to appoint persons in holy orders to the office of clerk, and to require such persons to act as assistant curates, if necessary. bishop, with the assent of such incumbent as aforesaid, shall think proper, and also to vary from time to time, if necessary, and with the like assent, the particular duties so required to be performed as aforesaid; and in case such lecturer or preacher shall at any time refuse or neglect duly and faithfully to perform such additional duties, and to act in the manner required by the said bishop as aforesaid, it shall be lawful for the said bishop to summon the said lecturer or preacher to appear before him, and thereupon the said bishop, with the assistance of one at least of the archdeacons and also of the chancellor of such diocese, shall proceed summarily to inquire into the facts of the case, and to adjudicate thereon, and, if necessary, to suspend or remove the said lecturer or preacher from his said office, and to declare the same vacant; but nevertheless such lecturer or preacher may, within fourteen days next after the passing or making of any such sentence or declaration, appeal therefrom to the archbishop of the province, who shall thereupon forthwith summarily hear and determine the same; and if no such appeal be made within the time aforesaid, or if the said sentence or declaration shall upon such appeal be affirmed by the said archbishop, the said bishop shall then cause the same to be forthwith duly published in the church or chapel wherein the said lecturer or preacher hath been used to deliver or preach his said lectures or sermons by virtue of his said office, and thereupon the said office shall be and be deemed to be vacant, and the parties entited to elect or appoint a person to the same shall be entitled and required to elect or appoint a successor thereto, in the same manner as if the said lecturer or preacher were dead, and the right and interest of such lecturer or preacher to and in the said office, and to and in all the emoluments and advantages thereof, shall wholly cease and determine; provided that nothing herein contained shall affect or be deemed applicable to any lecturer or preacher who shall have been elected or appointed to his said office before the passing of this act, unless such lecturer or preacher shall consent to be bound thereby." Sect. 2. When and so often after the passing of this act as any vacancy shall occur in the office of church clerk, chapel clerk, or parish clerk, in any district, parish or place, it shall be lawful for the rector or other incumbent or other the person or persons entitled for the time being to appoint or elect such church clerk, chapel clerk, or parish clerk as aforesaid, if he shall think fit, to appoint or elect a person in the holy orders of deacon or priest of the United Church of England and Ireland to fill the said |