with such person in the same way as if he had refused to give evidence in a proceeding instituted in the court of which he is judge. 5. If any dean or canon has been found by due process of law to be Special provision a lunatic or of unsound mind, the bishop of the diocese may if he think as to dean or fit grant a certificate of the incapacity of such dean or canon without any process of law to canon found by representation being made by him of such incapacity, and such certificate be of unsound shall for the purposes of this act have the same effect as if it had been mind. granted in pursuance of a representation of incapacity made by the dean or canon: Provided that no such certificate shall be granted where the deanery or canonry held by the person so found to be a lunatic or of unsound mind is annexed to the headship of a college or professorship of any university so long as provision shall be made to the satisfaction of the bishop for performing the duties of the said deanery or canonry. "6. The reasonable expenses of any inquiry under this act into the As to expsenes of incapacity of a dean or canon shall be certified under the hands of any an inquiry if person or persons authorized to conduct the inquiry, and when so certified directed by bishop. and approved by the bishop shall be defrayed out of the income of the retiring dean or canon. a vacancy in any "7. Where any professorship, archdeaconry, headship, or other prefer- Vacancy in ment, ecclesiastical or civil, is annexed to any deanery or canonry, or any deanery or deanery or canonry is annexed to any professorship, archdeaconry, head-canonry to create ship, or other preferment, ecclesiastical or civil, the dean or canon retiring annexed preferfrom his deanery or canonry in pursuance of this act shall be deemed to ment. have vacated also such professorship, archdeaconry, headship, or other preferment, and shall be entitled to be paid out of the income of such preferment, and as a first charge thereon in the hands of the successor, by the treasurer or other officer whose duty it is to pay such income, one-third part of the income, calculated on an average of the three preceding years, received therefrom by the retiring dean or canon before his retirement on account of such preferment, such yearly sum to accrue due from day to day, but to be payable half-yearly: Provided, that where any such dean or canon would (if this act had not passed, and he had vacated or become incapable of performing the duties of any such professorship, archdeaconry, headship, or other preferment), have been entitled to any other payment in respect of such preferment than that to which he is entitled under this section, such payment shall be substituted for the one-third awarded to him hereby. "8. All powers and duties by this act vested in or imposed on the Archbishop to act bishop of the diocese shall in the case of the dean and canons of the as bishop in case Queen's Free Chapel of Saint George within her Castle of Windsor, the of certain colledean and canons of Christchurch, Oxford, and the dean and canons of the giate churches. collegiate church of Saint Peter, Westminster, vest in and be imposed on the Archbishop of Canterbury acting on behalf of her Majesty." Page 555. By 2 & 3 Vict. c. 49, s. 8, when a separate parish is constituted under the preceding sections, mentioned in the text, the same shall be a perpetual curacy with cure of souls, either immediately, if the incumbents of the old parishes consent, or if they do not consent, then upon the avoidance of his benefice by the last incumbent objecting. Page 575. In Mr. Denison's case before the Archbishop of Canterbury and Dr. Deane, Q. C., his Vicar-General sitting as assessor, decided on the 8th of July, 1872, since these pages were written, the following points were ruled: (1) That the bishop, giving a curate" sufficient opportunity of showing reason to the contrary" before revoking his licence, is not bound to give this opportunity by notice in writing; and may, if he does give a notice in writing, do so without specifying in that notice the reasons for the in tended revocation, if those reasons sufficiently appear from previous oral information to the curate or otherwise. (2) That an instrument of revocation need not necessarily recite the reasons for which the licence is revoked. (3) That where the bishop in an interview with the curate condemned certain admitted acts of the curate, and stated that he intended to issue a formal prohibition of such acts, he is not entitled to revoke the licence of the curate on account of his past acts so admitted, censured and intended to be prohibited, without giving the curate an opportunity of acting upon and obeying the prohibition. In Mr. Baddeley's case, decided before the same court on the 13th of December, 1872, the objection was formally taken that sect. 98 of 1 & 2 Vict. c. 106, did not apply to the curates of resident incumbents, and that therefore, since the repeal of 36 Geo. 3, c. 83, s. 6, the bishop had no power to revoke the licences of such curates or they to appeal to the archbishop. The court, however, decided that the section of 1 & 2 Vict. c. 106, applied equally to the curates of resident as to those of non-resident incumbents. Page 631. It would appear from the case of Laughton v. The Bishop of Sodor and Man, decided by the Privy Council on December 14, 1872 (21 W. R. 204), that a bishop's charge to his clergy is a privileged communication, which, if made bona fide, cannot be the subject of an action of libel. Page 635. It should perhaps be added to the privileges of the clergy, that the various provisions in 1 Will. & Mar., sess. 1, c. 18; 52 Geo. 3, c. 155, and 15 & 16 Vict. c. 56, as to congregations meeting in places of religious worship other than churches and chapels of the Church of England, are declared by 18 & 19 Vict. c. 86, s. 1, not to apply" To any congregation "or assembly for religious worship held in any parish or any ecclesiastical "district, and conducted by the incumbent, or, in case the incumbent is not "resident, by the curate of such parish or district, or by any person autho"rized by them respectively." Page 664. Since this chapter was written there has been passed, 35 & 36 Vict. c. 36, "An Act to render it Unlawful to demand any Fee or Reward for the Cele"bration of the Sacrament of Baptism or for the Registry thereof," which is set out in Part V., Chap. IV., Sect. 3, at p. 1606. Page 690. Since this page was written, the decision of the Court of Arches in Sheppard v. Bennett has been affirmed by the Privy Council. See Part IV., Chap. III., Sect. 2, p. 1102. It is reported in 41 L. J., N. S. Eccl. p. 1, and L. R., 4 P. C. p. 371. The decision of the judicial committee on the admission of the articles in the same case is reported in 39 L. J., N. S., Eccl. p. 49, and L. R., 4 P. C. p. 350. The judgment of the Court of Arches contained two propositions: first, the judge said, "I say that the objective, actual and real presence, or the "spiritual, real presence, or presence external to the act of the communi"cant, appears to me to be the doctrine which the formularies of our "church, duly considered and construed so as to be harmonious, intended "to maintain." This proposition was not adopted by the judicial committee of the Privy Council. The next proposition of the judge was, "But I do not lay down this as a position of law, nor do I say that what is called the receptionist doc"trine is inadmissible; nor do I pronounce on any other teaching with respect to the mode of presence. I mean to do no such thing by this 1 judgment. I mean by it to pronounce only that to describe the mode of presence as objective, real, actual and spiritual is certainly not contrary "to the law." This proposition was adopted by the judicial committee of the Privy Council. Page 759. The last case on the words "without due publication of banns" is Templeton v. Tyree, reported in 21 W. R. 81, where the residence of both parties was wrongly stated by the husband to be in the parish where he alone resided. In so doing he acted " knowingly and wilfully," but the wife had no knowledge of the transaction, and the marriage was upholden. Page 764. The stamp duty on a licence "licensing any chapel for the solemnization "of marriages therein pursuant to the provisions of the act 6 & 7 Will. 4, "c. 85," mentioned in the text, is fixed by the schedule to 33 & 34 Vict. c. 97, tit. "Licence," at ten shillings. Page 791. The stamp duty on a "licence for marriage, not special," is fixed by the schedule to 33 & 34 Vict. c. 97, tit. "Licence," at ten shillings. Page 793. The stamp duty on a "licence for marriage, special," is fixed by the schedule to 33 & 34 Vict. c. 97, tit. "Licence," at five pounds. Page 824. Since this page was written, the case of Greaves v. Greaves, on the construction of sect. 22 of 4 Geo. 4, c. 76, as to licences, has been decided. It is reported in 41 L. J., N. S., Prob. & Matr. p. 66. There A. and B. intermarried at their parish church on the 18th of June, 1857. The licence for their marriage did not issue until the 19th of June. The husband knew at the time of the marriage that the licence was not in existence, but the wife was ignorant of this fact, and believed that all necessary formalities had been observed. It was holden that the parties had not knowingly and wilfully married without licence within the meaning of the section, and that the marriage was not void. Page 940. In the case of Cope v. Barber, summarily referred to in the note on this page to sect. 2 of 23 & 24 Vict. c. 32, it has been decided upon the construction of this section that a priest collecting the offertory during the reading of the sentences by another clergyman is not "celebrating divine service "within the meaning of this section, and that persons forcibly obstructing his collection of the offertory are not indictable for "molesting, letting, disturbing, vexing and troubling him" under the statute. The case has since been reported in L. R., 7 C. P. p. 393, and 41 L. J., N. S., M. C. p. 137. Page 955, Since this chapter was written, the following act, 35 & 36 Vict. c. 35, amending in certain points the Act of Uniformity, 14 Car. 2, c. 4, has been passed. It is as follows: "An Act for the Amendment of the Act of Uniformity. "Whereas by the Act of Uniformity it is enacted that all and singular ministers in any cathedral, collegiate, or parish church or chapel, or other place of public worship in England, shall be bound to say and use the morning Definitions. Use of shortened form of Morning and Evening Prayer. Special service for special occasions. Additional service on Sundays and holy-days. prayer, evening prayer, celebration and administration of both the sacraments, and all other the public and common prayer, in such order and form as is mentioned in the book of common prayer annexed to the said act: “And whereas in the year one thousand eight hundred and sixty-nine commissioners were appointed by her Majesty to inquire and consider, amongst other matters, the differences of practice which have arisen from varying interpretations put upon the rubrics, orders, and directions for regulating the course and conduct of public worship, the administration of the sacraments, and the other services contained in the book of common prayer, with a view of explaining or amending the said rubrics, orders, and directions so as to secure general uniformity of practice in such matters as may be deemed essential, and to report thereon from time to time, having regard not only to the said rubrics, orders, and directions, but also to any other laws or customs relating to the matters aforesaid, with power to suggest any alterations, improvements, or amendments with respect to such matters or any of them: "And whereas the said commissioners have by their report dated the thirty-first day of August one thousand eight hundred and seventy recommended in manner therein mentioned: "And whereas her Majesty was pleased to authorize the convocations of Canterbury and York to consider the said report of the said commissioners, and to report to her Majesty thereon, and the said convocations have accordingly made their first reports to her Majesty : "Be it therefore enacted, &c. "1. In this act The term Act of Uniformity' means the act of the fourteenth year of the reign of King Charles the Second, chapter four, intituled An Act for the Uniformity of Public Prayers and 'Administration of Sacraments and other Rites and Ceremonies, and for establishing the Form of Making, Ordaining, and Consecrating Bishops, Priests, and Deacons in the Church of England,' and includes the enactments confirmed and applied by that act to the book of common prayer: The term Book of Common Prayer' means the book annexed to the said act of the reign of King Charles the Second, and intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the Use of the Church of England, together with 'the Psalter or Psalms of David pointed as they are to be sung For said in Churches, and the Form or Manner of Making, Ordaining and Consecrating of Bishops, Priests and Deacons:' The term 'cathedral' means a cathedral or collegiate church in which the book of common prayer is required by the Act of Uniformity to be used: The term 'church' means any parish church, chapel, or other place of public worship which is not a cathedral as before defined, and in which the book of common prayer is required by the Act of Uniformity to be used. "2. The shortened order for morning prayer or for evening prayer, specified in the schedule to this act, may, on any day except Sunday, Christmas Day, Ash Wednesday, Good Friday, and Ascension Day, be used, if in a cathedral in addition to, and if in a church in lieu of, the order for morning prayer or for evening prayer respectively prescribed by the book of common prayer. "3. Upon any special occasion approved by the ordinary, there may be used in any cathedral or church a special form of service approved by the ordinary, so that there be not introduced into such service anything, except anthems or hymns, which does not form part of the Holy Scriptures or book of common prayer. "4. An additional form of service varying from any form prescribed by the book of common prayer may be used at any hour on any Sunday or holy-day in any cathedral or church in which there are duly read, said, or sung as required by law on such Sunday or holy-day at some other hour or hours the order for morning prayer, the litany, such part of the order for the administration of the Lord's Supper or holy communion as is required to be read on Sundays and holy-days if there be no communion, and the order for evening prayer, so that there be not introduced into such additional service any portion of the order for the administration of the Lord's Supper or holy communion, or anything, except anthems or hymns, which does not form part of the Holy Scriptures or book of common prayer, and so that such form of service and the mode in which it is used is for the time being approved by the ordinary; provided that nothing in this section shall affect the use of any portion of the book of common prayer as otherwise authorized by the Act of Uniformity or this act. "5. Whereas doubts have arisen as to whether the following forms of Separation of service, that is to say, the order for morning prayer, the litany, and the Services. order for the administration of the Lord's Supper or holy communion, may be used as separate services, and it is expedient to remove such doubts: be it therefore enacted and declared that any of such forms of service may be used together or in varying order as separate services, or that the litany may be said after the third collect in the order for evening prayer, either in lieu of or in addition to the use of the litany in the order for morning prayer, without prejudice nevertheless to any legal powers vested in the ordinary; and any of the said forms of service may be used with or without the preaching of a sermon or lecture, or the reading of a homily. "6. Whereas doubts have arisen as to whether a sermon or lecture may be preached without the common prayers and services appointed by the book of common prayer for the time of day being previously read, and it is expedient to remove such doubts: be it therefore enacted and declared, that a sermon or lecture may be preached without the common prayers or services appointed by the book of common prayer being read before it is preached, so that such sermon or lecture be preceded by any service authorized by this act, or by the bidding prayer, or by a collect taken from the book of common prayer, with or without the Lord's Prayer. 7. Nothing in this act shall affect the provision with respect to the chapels of colleges in the universities of Oxford, Cambridge and Durham, which is contained in section six of the Universities Tests Act, 1871. "8. The schedule to this act, and the notes thereto and directions therein, shall be construed and have effect as part of this act. "9. This act may be cited as The Act of Uniformity Amendment Act, 1872.' "SCHEDULE. "NOTE.-The Minister using the Shortened Order for Morning Prayer or for Evening Prayer in this Schedule, may, in his discretion, add in its proper place any exhortation, prayer, canticle, hymn, psalm or lesson contained in the Order for Morning Prayer or for Evening Prayer in the Book of Common Prayer and omitted, or authorized to be omitted, from such Shortened Order. "Each of the twenty-two portions into which the one hundred and nineteenth psalm is divided in the Book of Common Prayer shall be deemed, for the purposes of this Schedule, to be a separate psalm. "SHORTENED FORMS OF SERVICE. THE SHORTENED Order FOR MORNING PRAYER DAILY THROUGHOUT At the beginning of Morning Prayer the Minister shall read with a When the wicked man, &c. Preaching a sermon without previous service. Saving of 34 & 35 Effect of schedule. Short title. |