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in the same way as a layman (1), but the tithes and other emoluments of the benefice do not vest in the trustee in bankruptcy. He has to proceed by sequestration as to which there are special rules in the Bankruptcy Act, 1883 (m). A pension under the Incumbents' Resignation Act, 1871, also does not vest in the trustee (n); but a pension or annuity under the Union of Benefices Act, 1850, does (o), as also the salary of a chaplain paid out of local or private funds, e. g., a workhouse chaplain (p). An advowson or next presentation vests in the trustee and may be sold by him subject to the rules against simony, but if a vacancy occurs before the sale, the bankrupt is entitled to present. The rights and position of a bankrupt incumbent who has not been suspended or inhibited, remain unaltered except so far as they are expressly interfered with by statute, thus he may, after sequestration, appoint to the office of parish clerk (9).
BANNS of marriage originated about A.D. 1215, the time when marriage began to be insisted upon as a sacrament of the church. By the Marriage Act of 1824, all banns are to be published in an audible manner in the parish church, or in some public chapel in which banns are allowed to be published belonging to the parish or chapelry in which the persons to be married dwell, according to the form prescribed by the rubric, upon three Sundays preceding the solemnization, during the time of morning service, or of evening service (if there shall be no morning service) immediately after the second lesson(r). Where the persons to be married dwell in different parishes or chapelries, the banns must be published in both parishes or chapelries (r). All the rules prescribed by the rubric as altered by this Act are to be observed (8); but in the case where one of the parties resides in England and the other in Scotland, the incumbent can now accept a certificate that banns have been duly published in the church of the parish or place in Scotland in which one of the parties to be married was at the time resident, according to the law or custom prevailing in Scotland, although not in the manner required for the publication of banns in England (t). In all cases where banns have been published, the marriage must be solemnized in one of the churches or chapels in which the banns have been published (s). No minister is obliged to publish banns without seven days' written notice from the persons to be married. Such notice must be dated on the day on which it is delivered, and must contain their true Christian and surnames, their abode and length of residence (u). A minister runs a certain risk by omitting to take the proper notice (x). The banns must be entered in a proper book, from which, and not from loose papers, they must be published, and after publication, must be signed by the minister publishing, or by some person under his direction (y). Banns are good for three calendar months after complete publication (s). When the church is pulled down, or rebuilding, or under repair, the bishop may direct banns to be published and marriages to be solemnized“ in any consecrated chapel of such parish or place which he shall by order in writing direct;" and the fees in respect thereof are to be applied as the bishop, with the incumbent's consent, shall direct (a).
(1) As to what are acts of bankruptcy, and generally, see Bank. ruptcy Acts, 1883 and 1890; and Robson on Bankruptcy.
(m) See SEQUESTRATION.
v. Deane (1885), 30 Ch. D. 520.
(p) Re Mirams, (1891) 1 Q. B. 594.
(9) Lawrence v. Edwards, (1891) L. R. 1 Ch. 144. And see ADVOWSON ; SEQUESTRATION.
() 4 Geo. 4, c. 76, s. 2. And see i Vict. c. 22, s. 34.
The banns must be duly published (6). This is not done if wrong names are wilfully given and the fact is known to both parties (c). The banns may be forbidden for any just cause or impediment either by notice to the minister or publicly in church when the banns are published. In the ease of a minor, the publication of banns publicly forbidden is absolutely void (d).
(s) 4 Geo. 4, c. 76, 8. 2. And see MARRIAGE.
() 49 Vict. c. 3.
(a) 11 Geo. 4 & 1 Will 4, c. 18,
(c) Tongue v. Tongue (1836), 1 Moo. P. C. 90; Gomperz v. Kensit (1872), L. R. 13 Eq. 369.
BAPTISM, Holy, is one of the two sacraments of the Church of England (e). It was originally performed by complete immersion in rivers or baptisteries (as practised by the Eastern Church (f) and by the Protestant sect of Baptists now). By our rubric an infant is to be dipped in the water if it can well endure it, but if it is weak it suffices to pour water upon it. An adult may either be dipped or have water poured upon him at the minister's discretion (9). The font must be of stone and set in the ancient usual place, i.e., just inside the door of the church, “in which only font the minister shall baptize publicly”(h). The proper time for baptism is on Sundays or holidays, when the most number of people come together, that is, immediately after the last lesson at morning or evening prayer (i). This practice is rarely observed in the church, but many dissenters adhere to it. If necessity so require children (but not those of riper years) may be baptized on any day (k). Baptism by a layman or by a woman, by a schismatic or heretic (1) with water, and (2) “In the name of the Father, the Son, and the Holy Ghost” is valid and must not be repeated, and no inquiry must be made into the necessity for such lay baptism, only as to whether the two essentials were observed, and only reasonable evidence of the fact can be required. This rule as to the validity of lay baptism is not affected by the rubric in the order for private baptism, which refers to the “lawful minister” only (). If there is any doubt as to due baptism, the minister re-baptizes conditionally, saying, “If thou art not already baptized,” &c. The sign of the cross is no part of the substance of the sacrament (m), as when the two
(d) 4 Geo. 4, c. 76, s. 8. (c) Arts. 25 and 27.
(f) Stanley's Eastern Church, p. 34.
(1) Escott v. Mastin (1842), 4 Moo. P. C. 104 ; Titchmarsh v. Chapman (1844), 3 Curt. 840.
(m) See Can. 30.
essentials have been observed the person is fully and perfectly baptized, but it must be used by ministers in public baptisms. Although lay baptism is valid people should not, without great cause or necessity, procure their children to be baptized at home in their houses, and even then the services of a minister should be obtained (n). A minister refusing or neglecting to baptize a child, will, if the child dies unbaptized, be liable to suspension for three months (0). The Greek and Roman Churches and nearly all Christians, observe the two essentials, except that some Unitarians use an alternative form of words—“I baptize thee in the name of Jesus Christ” (p).
Lunatics and dumb persons may be baptized.
For every male child to be baptized in public, there must be two godfathers and one godmother, and for every female one godfather and two godmothers (2). Parents, or persons who have never communicated, cannot be sponsors (r); but the law on this point is frequently ignored.
The name to be given must be decent (s), and any name given at baptism might formerly have been changed at confirmation (t). Dr. Burn doubts whether this can be done now (u); but apart from church regulations there seems to be nothing to prevent a person changing his name or names or those of his infant children at any time (x).
Fees. Since 18th July, 1872, it has been unlawful for the minister, clerk in orders, parish clerk, vestry clerk, warden or any other person to demand any fee or reward for the celebration of the sacrament of baptism or for the registry thereof, but the Act does not apply to the then holder of any office who was then entitled by any Act of Parliament to demand such fees (y). The acceptance of a fee, unless due by statute, involves simony. By the canon law also, a minister may not refuse the sacrament because he has not been paid his legal fee (x).
(n) Office for Private Baptism. (o) Can. 69.
(p) See Common Prayer for Christian Worship, 1878, Whitfield, Strand. (9) Rubric.
In the Church of Ireland one sponsor is sufficient.
(r) Can. 29. In 1865 an attempt was made by convocation to alter this, but an Act of Parliament would
appear to be necessary. See Dale's Guide, p. 152.
(8) It has been said from the bench that a christian name may consist of a single letter. Wharton's Law Lex.
(t) Co. Litt. 3a.
(x) As to altering register, see 37 & 38 Vict. c. 88, s. 8.
Registers (q. v.) of baptisms are still to be kept, and the incumbent must on demand give a certificate in a statutory form, for which a fee not exceeding 1s. is chargeable (a).
Doctrine. The various views permitted in the Church of England may be gathered from Articles 9 and 27, the baptismal services, the catechism, and the Gorham case (6), where it was decided by the highest authority, her Majesty in Council, that the following doctrines are not contrary or repugnant to the doctrine of the Church of England :-“That baptism is a sacrament generally necessary to salvation, but that the grace of regeneration does not so necessarily accompany the act of baptism that regeneration invariably takes place in baptism; that the grace may be granted before, in, or after baptism ; that baptism is an effectual sign of grace by which God works invisibly in us, but only in such as worthily receive it, in them alone it has a wholesome effect; and that without reference to the qualification of the recipient, it is not in itself an effectual sign of grace; that infants baptized and dying before actual sin are certainly saved, but that in no case is regeneration in baptism unconditional.”
Among Protestant-Dissenters baptism is looked upon as mere outward form of admission into the visible Church, which, of course, may be accompanied by spiritual regeneration, and it is difficult to distinguish between this and the Gorham doctrine. The Greek and Roman Churches hold that baptism entirely destroys sin, both actual and original, even when the sacrament is administered by a layman, but not necessarily when administered by a heretic.
(y) 35 & 36 Vict. c. 36. (z) See Can. 68.
(a) 37 & 38 Vict. c. 88, s. 8, Form in 1st Sched.
(6) 14 Jurist. 443 (1850). And see Rubric at end of Office for Private Baptism.