embraces all the ancient and approved customs of England which form law. When a question arises, what is the English ecclesiastical law, it is not ascertained by calling witnesses to prove it, as if it were a foreign law, but by taking judicial notice of what the law is; it is ascertained by argument founded on legal principles and authorities what the law is on the particular point. In determining questions of ecclesiastical law great weight is to be given to ancient writers whose treatises have been accepted by the judges of the Ecclesiastical Courts as of authority (e.g., Gibson and Burn). Some weight is to be given to foreign jurists and great weight to the practice of the Courts ecclesiastical, but most weight of all is to be given to judicial decisions (u). (See CANON Law.) ENGLAND, Church of, would be more correctly described as the Church of South Britain, for it includes the Church of Wales, which was amalgamated with it in the 12th century. In the Great Charter of Henry III. (A.D. 1224) the united Church is styled the Church of England (ecclesia anglicana), and it has borne the same name ever since (v). History. The history of the South British Church cannot be gone into here, but it may be useful to mention that it was founded by Greek missionaries in apostolic or subapostolic times, and has had a continuous existence ever since. From a very early period up to the dawn of the Reformation it formed part of the Patriarchate of Rome. It was severed from Rome in the reign of Henry VIII. and subsequently reformed. The Reformation, however, did not create a new Church, it only effected certain theological and moral changes in the existing Church. As Archbishop Sharp says in a passage often quoted, "The Church of England was the same Church she had been before as much as a face that is (u) See judgment of Lord Blackburn, L. R. 6 App. C. 446. (v) In 25 Edw. 3, st. 4, it is styled the "Holy Church of England"; and in 24 Hen. 8, c. 12, the " English Church." In a similar way the washed is the same that it was before when it was dirty" (x). It is this very continuity which creates most of the difficulties which arise in ascertaining what the law of the Church is. Parties. The Reformation of the Church of England was in fact a compromise, and consequently diverse opinions on matters of doctrine are held by its members, though all (except a few dissentients) are bound together by a common form of service and a common ritual. The three great divisions are known as High, Low, and Broad Church, and, as a very rough description, they may be said to represent Romanism, Protestantism, and Rationalism - formality, spirituality, morality-respectively. They have been termed the body, spirit, and soul of the Church (y). These parties have no separate legal status. Statistics. The number of adherents of the Church in England cannot be accurately determined as no religious census is taken. They have been estimated at about onehalf of the population, but this estimate, no doubt, comprises a large number of merely nominal members (z). (See CLERGY.) ESTABLISHMENT simply means the privileges and disabilities which the Church has by reason of its connection with the State. If "disestablished" it would become a mere voluntary association, and could only gain its freedom at the expense of its exceptional privileges. Opinions, among the friends of the Church, are much divided as to the advisability of this. If disestablished and disendowed, it would probably soon be placed in a better position than before by means of the voluntary subscriptions of the faithful. The incomes of the clergy would be more equally and justly distributed, and the junior clergy would be rescued from their present unsatisfactory position. On the other hand, the probability is that the Church will break up into at least two sects as soon as the strong controlling hand of the State is removed. There (x) Works, vol. 7, p. 234. Episcopalians must, however, admit that these remarks also apply to the Church of Scotland. (y) For a more exact description of these parties, see Hazell's Cyclopedia, tit. Church of England. (z) See Enc. Brit. and CHURCH. is also a strong feeling among Englishmen that, although the utmost liberty of conscience is desirable, some form of the Protestant faith, for which our fathers suffered, ought to be recognized as the church of the English people. EXAMINATION. The bishops are to be very careful and diligent in examining candidates for Ordination (r), and most of them keep an examining chaplain. The "Preliminary Examination for Holy Orders" is, however, accepted by most bishops as sufficient for a deacon candidate. This examination involves a knowledge of Greek and Latin, Scripture and Church History, the Bible, Prayer Book, and the Creeds and Articles. Opportunity is also given for showing a knowledge of Hebrew. All bishops hold a separate examination for priests orders (y). EXCHANGE. An incumbent may exchange his benefice for any other spiritual benefice, but not for a lay preferment, as a hospital. The consents of the bishops and the patrons are necessary; and to be effectual the exchange must be actually completed, i.e., each party must be fully instituted and inducted in the other's benefice (z). But as each incumbent, as an initial step, has to place an unconditional resignation (q. v.) in the hands of the bishop, an exchange is attended with a very considerable and unnecessary amount of risk (a). (See DILAPIDATIONS.) EXCOMMUNICATION is of two kinds, the less and the greater. The less is an ecclesiastical censure excluding the party from the participation of the sacraments; the greater proceeds farther, and purports to exclude him, not only from these, but also from the company of all Christians (b). Formerly excommunication involved imprisonment and loss. of civil rights as well as ecclesiastical punishment, and was (x) Cans. 34 and 35. (y) For particulars, see the Diocesan Calendars. (2) Burn. (a) See Rumsey v. Nicholl (1877), 2 C. P. D. 294. (b) 3 Bla. Com. 101, and Art. 33. very similar to outlawry, but since 1813 no excommunicated person incurs any civil penalty or incapacity whatever, save such imprisonment, not exceeding six months, as the Court shall direct (c). This penalty, however, could not now be enforced on a layman. At the same time excommunication for contempt was in effect abolished and the writ de contumace capiendo (q. v.) substituted (d). But the power of excommunication (i.e., exclusion from the Church of England) is still reserved to the Ecclesiastical Courts as the form of spiritual censure (e); and by the canon law clergymen who deny the Royal Supremacy in the Church, or who impugn the Prayer Book, Thirty-nine Articles, or the Church Government, or who are authors of schism, are to be excommunicated ipso facto (ƒ), while those who maintain that schism is lawful, or who persist in neglecting to catechise, are to be excommunicated, but not ipso facto (g). The greater excommunication is here meant, and when ipso facto it takes place on proper proof without any sentence being pronounced (h). A lesser excommunication is also decreed for the like offences by Canon 27. As to the excommunication of the laity for "notorious and evil living," see LORD'S SUPPER. FACULTY is a licence from the Bishop's Court to make alterations in the church or churchyard or for the exclusive use of a pew. The jurisdiction to grant or withhold faculties is vested in the chancellor of the diocese (i), and there is an appeal from his decision; but the Privy Council interferes only with great reluctance with the exercise of the local ordinary's discretion in these matters (). A faculty should always be obtained for any alteration of importance, and theoretically one is required for every alteration, however (c) 53 Geo. 3, c. 127, ss. 2 and 3. (d) Ib. s. 1. (e) Ib. s. 2; and see Art. 33. (f) Cans. 2-9 and 12. (g) Cans. 10, 11 and 59. (h) Compare DEPRIVATION ipso facto; and see Burn. In the Arches Courts a sententia declaratoria is pronounced. (i) White v. Bowron (1873), L. R. 4 A. & E. at p. 211. (k) Rugg v. Kingsmill (1868), L. R. 2 P. C. 64, 65. trivial. Before a faculty, either to the parishioners in general or to a private inhabitant of the parish, can be decreed, the ecclesiastical law requires that all persons interested in opposing the grant should have an opportunity of being heard before the Ordinary, and a vicar has a personâ standi, by reason of his general spiritual position as incumbent to oppose the grant of a faculty, although he may have no pecuniary interest in it (7). It is the rule that the wishes of the parishioners generally are to predominate as to external alterations, but those of the parishioners who are members of the Church of England as to internal alterations (m). If an alteration has been completed without a faculty the proper course is for the party aggrieved to apply to the Ecclesiastical Court; but before it is completed it would seem that he may apply to the Chancery Division for an injunction to maintain the status quo until such time as the matter can be determined in the Ecclesiastical Court. The latter Court having no practice of interfering by injunction to prevent a thing being done (). But in no case may the party aggrieved take the law into his own hands and remove the article complained of (0). A faculty is not necessary in order to obey a monition under the Public Worship Regulation Act; but if the judge directs a faculty to be applied for, only the fees prescribed under the Act are payable (p). A faculty, if improperly obtained, may be revoked (q). As to the presumption of a grant of a faculty, see PEWS. The word faculty is also used as an equivalent for Dispensation (q. v.) or License (q. v.). Fees. The fees payable to diocesan officers on a faculty amount to 57. 58. (for particulars, see FEES), except under the (1) Rugg v. Kingsmill, ubi sup.; and see Hansard v. Parishioners, &c. (1878), 4 P. D. 54. (m) Tottenham v. Venn (1874), L. R. 4 A. & E. 221; Peek v. Trower (1881), 7 P. D. 21. (n) Marriott v. Tarpley (1838), 9 Sim. 288; Batten v. Gedye (1889), 41 (0) Ritchings v. Cordingley (1868), L. R. 3 A. & E. 113. (p) 37 & 38 Vict. c. 85, s. 14. 417. |