service shall go to the parish church, as also trust-moneys for maintenance, repairs, and insurance, unless the church is used as a mortuary chapel (s. 5). The bishop may, under this Act, re-adjust the seats (4).

PARISH CHURCH. It has been said that existence from time immemorial of baptism and sepulture are necessary proofs of a parochial chapel (7) (unless created under a statute); but it is possible that such a church is only a chapel of ease. Thus an ancient chapelry, situate within a large parish, had from time immemorial had a separate church and churchyard, and separate churchwardens and church rates; and the incumbent had performed marriages, christenings, churchings, and burials, and retained the fees for his own use; but this chapelry was held not to be a distinct parish (m).

A parochial chapel is always assumed to have been properly consecrated (7), but there are said to have been instances of the reconsecration of a parish church where the name of the patron saint had been forgotten. When there has been desecration of a church, as by shedding of blood therein, or by stalling beasts, holding plays, banquets, or temporal courts therein (), reconciliation, not reconsecration, is the proper ceremony (o). Where a church or chapel has been rebuilt, repaired, or enlarged, and the external walls have been partly destroyed, or the position of the communion table altered, all marriages, rites, and ceremonies of the church are valid, although such church be not reconsecrated (and the marginal note adds) "or reconciled" (p). A church can only be unconsecrated by Act of Parliament (q). There is no Prayer Book form for the consecration, reconsecration, or reconciliation (o) of churches or churchyards. An informal service

drawn up in 1712 is generally used for consecration services, and a bishop is required to officiate ("). The fees payable to the bishop's officials on the consecration of a church and burial ground amount to 127. 12s.; for particulars, see FEES. Where reconsecration or reconciliation is necessary, the incumbent has no right to oppose the ceremony (s). No church can be consecrated unless the ground on which it stands is freehold, and the property of the Church or some spiritual corporation (t).

With consent of the bishop, the sacraments and other rites of the Church (except marriage) may be performed by the clergy in an unconsecrated building (u), and many parishes have now an unconsecrated mission chapel.

A church may be wholly pulled down under a faculty and under provisions contained in 8 & 9 Vict. c. 70. In granting the necessary faculty it is lawful for the bishop to make proper provision for the use or preservation of the site (x). A church may also be removed or enlarged by faculty (y). In granting a faculty for alterations attention is given to the symmetry of the building, and also to the wishes of the subscribers, inhabitants, and incumbent; the consent of the vestry is unnecessary (z).

By the Places of Worship Sites Acts, 1873 and 1882, landlords are empowered to sell and convey land to be used as sites for places of worship and residence of the minister, or for a burial place, provided that each such site does not exceed the extent of one acre. A form of conveyance is given which should be followed as nearly as possible (a). Any corporation may make such a conveyance, but in the case of an ecclesiastical corporation sole below the dignity of a bishop the consent of the bishop must be obtained, and in the case of

(r) For this form, see 1 Burn, 327 et seq.

(8) Rugg v. Winchester (1868), L. R. 2 P. C. 230.

(t) A bill is now before Parliament to enable leasehold sites on which places of worship stand to be compulsorily enfranchised.

(u) Moysey v. Hillcoat (1828), 2

Hagg. 46.

(x) 32 & 33 Vict. c. 94, s. 8.
(y) Clayton v. Dean (1849), 7 N. of
C. 46.

(z) See FACULTY and ORNAMENTS;
1 Add. 470; 2 Add. 433.

(a) 36 & 37 Vict. c. 50, s. 4. See CHURCHYARD.

trustees of charitable property the consent of the Charity Commissioners, and in the case of parochial property the consent of the majority of ratepayers and owners of property duly convened, and in the case of tenants for life the remaindermen or trustees must concur in the conveyance (b).

The belfry, chancel (q. v.), nave, and aisle, are all parts of the church, and are protected from profanation (c).

The parishioners have no right to enter any part of the church, except during divine service, without the permission of the minister. The minister (and not the churchwardens) is entitled to the custody of the keys. He must not, however, refuse to give the churchwardens access to the church at proper seasons (d); indeed, it has been stated that the latter have the right of free ingress and egress at all times (e).

PARISH CLERK. Leland says this office is next in dignity to the clergy. It is a temporal office (ƒ) of extreme antiquity, and it is said that a freehold may be held in it subject to removal for misconduct or neglect (g). It is sometimes held together with that of sexton (q. v.). A parish clerk cannot assign his office, but it would seem that he may appoint a deputy (h).

The incumbent usually appoints both in old and new parishes, and, by the canon law, he must signify the appointment to the parishioners the next Sunday following during time of Divine service (i). If the incumbent becomes bankrupt and a sequestration is issued, he nevertheless retains his right to appoint, unless he has been suspended or inhibited, in which case the curate in charge as "minister for the time being" appoints by virtue of canon 91 (k). The curate in

(b) 45 & 46 Vict. c. 21, ss. 1 and 2. (c) See SACRILEGE.

(d) Ritchings v. Cordingly (1868), L. R. 3 A. & E. 113.

(e) Griffin v. Deighton (1864), 33 L. J. Q. B. 181.

(f) Lawrence v. Edwards, (1891) L. R. 2 Ch. 72.

(g) Steer, Parish Law, p. 96; 2 Ste. Com. 732.

(h) Nichols v. Davis (1868), L. R. 4 C. P. 80.

(i) See Can. 91.

(k) Lawrence v. Edwards, (1891) L. R. 1 Ch. 144, 149.

charge has also power to appoint in the absence of the incumbent (7). Stamp duty on licence, 10s. (m).

Under the New Parishes Acts, the incumbent has an express power of removal given him, with consent of the bishop, for any misconduct (n). By custom, it is said, the clerk may be chosen by the parishioners, and in some cases by the rector and parishioners jointly (o). The appointment may be either in writing or by word of mouth. The remuneration, consisting of fees on marriages and burials, usually depends upon custom. A person in holy orders may be appointed and required to act as assistant curate if necessary, but such appointment is not to confer any freehold or absolute right to the office; and the clerk appointed is to be subject to the same rules as to suspension and as to being licensed as an ordinary curate (p). But the person appointed is usually a Tayman who, by the canon law, is required to be at least twenty years of age, and be approved by the incumbent, and of competent skill in singing (7). The remedy of a parish clerk for wrongful removal is by mandamus to compel the incumbent to restore him (). A mandamus (q.v.) also lies to compel an incumbent to appoint a parish clerk (s).

PARISHIONER. In an ecclesiastical sense, "parishioners' means all the inhabitants of a parish, including travellers passing through (t); but the law deems a "parishioner" to be a person who owns property in a parish in respect of which he pays parish rates, whether resident or not (u). The words "members of the families of parishioners" will include members of the family who are non-parishioners (). The word "parishioner" has a special meaning under the Public Worship Regulation Act (7. v.).

PARSON (Lat. persona ecclesiæ, the person of the church) is strictly one who has full possession of all the rights of a parochial church, as by his person the church, which is an invisible body, is represented (y). He is a corporation sole. (See INCUMBENT.)

PASTORAL STAFF. The origin of the pastoral staff is attributed by some authorities to the adoption by the Christian clergy of the augur's staff of the heathens. According to others, it was originally simply "the episcopal walkingstick," the bishops being generally elderly men. The early staff was certainly much shorter than the medieval (≈). Subsequently there arose the ceremony of presenting a pastoral staff to bishops on their consecration, to denote that they were the shepherds of the flock of Christ, the bishop's staff being crooked and the archbishop's surmounted with a cross. But, as Gibson says, this, "and many other superstitions of a like nature" (e.g., the episcopal ring and mitre), "our Reformed Church hath prudently and piously laid aside, retaining only such outward tokens as are most ancient and most grave” (a).

Quite recently some of the English bishops have re-introduced the pastoral staff and mitre; but if used at any Prayer Book service they must be considered as illegal" ornaments of the minister" (b). They have, however, been used at certain state ceremonials.

PATRIARCH is the most exalted of all ecclesiastical dignitaries. He is a chief bishop over several countries or provinces, and hath archbishops under him. The Bishops of Jerusalem, Antioch, Alexandria, Rome, and Constantinople are all patriarchs. The chief bishop of the Armenians is also styled patriarch. The Bishop of Rome was for centuries the patriarch of the Church of England, as of other western

(y) 1 Bla. Com. 384.

(z) See Smith Dict. of Chr. Ant.
(a) Gib. 118; and see form of con-

secrating bishops in Prayer Book. And see ORNAMENTS.

(b) See VESTMENTS.