« PreviousContinue »
Under the Church Building Acts, 1818 and 1819, pew rents are payable in advance half-yearly at Lady Day and Michaelmas. On admission on either of those days a year's rent is payable, or if at an intermediate period, the proportion of the half-year's rent and a half-year's rent in addition. The pew is forfeited by non-payment in advance for two following half-years. The pew rents may not be sold by auction (p). They are recoverable by the church wardens ().
Churchwardens of district churches, appointed under these Acts, are bound to pay over the pew rents, applicable to the minister's stipend, as soon as they are received, and the
, minister has a right of action on the statute or for money received against the churchwardens in the event of their not performing that duty. But, as a general rule, the minister cannot claim pew rents paid in advance (»).
Under the New Parishes Act, 1856, the Ecclesiastical Commissioners have power, with respect to a new district church, if it shall appear to them that sufficient funds cannot be provided from other sources, but not otherwise, with the consent of the bishop, to order pew rents to be levied by the churchwardens according to a scale which may be altered by the commissioners from time to time. The proceeds, not otherwise appropriated by law, are to be applied for repairs of the church, and maintenance of the church services and of the minister. But in any case one-half of the sittings must be free, and these must be as well placed as the others (s). Provision is also made for free seats under various other Church Building Acts(t).
By the Church Seats Act, 1872, it is declared unlawful to let the seats or pews, or a specified portion thereof, for payment of money, where a church site has been accepted by the Ecclesiastical Commissioners on condition that such seats shall be free; but in every such case a sufficient stipend shall
(p) Ib., 8. 32; Dale's Guide, p. 73. (9) 58 Geo. 3, c. 45, ss. 73 ct seq.
() Lloyd v. Burrup (1868), L. R. 4 Ex. 63.
(8) 19 & 20 Vict. c. 104, ss. 6 et seq.
c) 58 Geo. 3, c. 45, ss. 62 et seq. ; 5 Geo. 4, c. 103, ss. 10, 15, 18; 1 & 2 Will. 4, c.
38, ss. 2, 22,
be secured to the incumbent, and (in case of all the seats being free) of not less than 1001. per annum (u).
Where a third service is ordered under 58 Geo. 3, c. 45 (see Public Worship), the bishop may order pews, not held by faculty or prescription, to be let for that service, in order to provide the curate's salary.
In a proprietary chapel the proprietor may charge what pew rents he pleases. (See CHAPEL.)
PLURALITY. Under the Pluralities Act, 1838, no spiritual person, except an archdeacon (who may hold two benefices with his archdeaconry), can hold more than two benefices (x). And by that Act, as amended by the Pluralities Acts, 1850 and 1885, in order to hold two benefices together—(1) the churches must be within four miles of one another by the nearest road, and the annual value of one of the benefices must not exceed 2001.; if on one of the benefices there be no church, then the distance between the two benefices shall be computed in such manner as the bishop shall direct (y); (2) a licence or dispensation must be obtained from the Archbishop of Canterbury (3). For the purpose of estimating the annual value of the benefice, all taxes, rates, tenths, dues, and permanent charges and outgoings, may be deducted, but not curate's stipend, or tenant's taxes in respect of or repairs to the house of residence or glebe (a). The only fees payable “on the licence” are :-Archbishop's registrar of faculties, 30s.; seal keeper, 28.; and there is no stamp duty (6). From the archbishop's refusal to grant a licence, an appeal lies to Her Majesty in Council. Before applying for the licence a statement in the proper form as to the population, income, &c. of each benefice must be transmitted to the bishop, who (if he finds it correct) must forward it to the archbishop within one
(u) 35 & 36 Vict. c. 49.
(6) 1 & 2 Vict. c. 106, s. 6. Nevertheless, additional fees amounting to 37. 38. 6d. have since been made payable under an order gazetted 24 July, 1857. See FEES.
The acceptance of an additional preferment, contrary to the provisions of these Acts, vacates, ipso facto, every preferment then held, as if the holder had died or resigned the same (dl). (But see SUFFRAGAN.)
Deans of cathedrals may not hold headships of a college at Oxford or Cambridge, Eton, Winchester, or Charterhouse, except that the Dean of Christ Church, Oxford, may be head of Christ Church College. Heads of university colleges, also holding a benefice, may not hold any other benefice, unless such benefice is permanently attached to their office (e).
POPE was anciently a usual title for a bishop or priest, but is now borne only by (1) the Bishops of Rome and Alesandria, (2) the priests of the Greek Church. The leading Greek bishops use the title of Patriarch (7.2.) instead of Pope.
PRÆMUNIRE (from the commencement of the writ, præmunire facias A. B., let A. B. be forewarned). The offence of maintaining the papal power in England. The statutes of Provisors and Præmunire were passed in the days of the papal usurpation in England to counteract the great evil of a foreign authority interfering with the rights of king and Parliament. Blackstone says Edward I. was the first to set himself in earnest to shake off this servile yoke. He would not suffer bis bishops to attend a general council until they had sworn not to receive the papal benediction. The succeeding monarchs carried matters further, until by the time of Henry IV. “the usurped civil power of the Bishop of Rome was pretty well broken down, as his usurped religious power was in about a century afterwards” (f).
PRAYER BOOK. The Book of Common Prayer contains the various rites and ceremonies of the Church according to
(c) Sect. 7.
(d) Sect. 11; and 13 & 14 Vict. c. 98, 8. 7.
(e) 13 & 14 Vict. c. 98, 88. 5, 6.
(f) 4 Bla. Com. 103; and see 4 Ste. Com. 187, 203.
the use of the Church of England, together with the Psalter and Ordinal (g). Before the Reformation nearly every diocese had a different use, that of Sarum being the most important (h). The first uniform Prayer Book was that known as the first Prayer Book of Edward VI., published in 1549. The second Prayer Book of Edward VI. followed in 1552, and was of a much more Puritan character than the former. The reign of Mary put back the Reformation for a few years, but in 1559 the Prayer Book of Elizabeth appeared as a compromise between the Books of 1549 and 1552, and with the exception of a few alterations, chiefly made in the reigns of James I. and Charles II., is the Prayer Book we now use (i). The Prayer Books of 1549, 1552, and 1662 have the force of statutes under the Uniformity Acts of those dates. The alterations since made by statute have not all been incorporated into the published copies. It would also seem that the alterations and interpretations made by the Gorham, Ridsdale, and other Privy Council decisions, ought to be incorporated into the Prayer Book. A general revision, if it could be carried out in a broad and liberal spirit, would be very acceptable.
PREACHING. No person shall be permitted 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 the bishop of the diocese, under penalties (k). A separate licence to preach is now, however, but rarely given to a clergyman, this being included in his general licence to officiate; but if a layman is to preach in a consecrated church, such a licence is necessary. The bishop may suspend the licence of any preacher who acts irregularly (?), and it would seem that a
(9) See Title Page; and for defini. tion of Prayer Book, see Public Worship Regulation Act.
(h) See PUBLIC WORSHIP.
(i) See on this subject the works of Daniel, Proctor, Wheatley, and
Bennet and Stephens on the Prayer
(k) 13 & 14 Car. 2, c. ss. 19, 21;
(1) Trebec v. Keith (1742), 2 Atk. 500.
clergyman duly licensed in one diocese may not preach or officiate in another against the bishop's inhibition (m).
No minister may preach in any private house except in times of dangerous sickness (n); but he may read a sermon to his own family (0). A stranger is not to be allowed to preach without showing his licence (p), and the churchwardens are supposed to enter the names of strange preachers in a book (9).
The only sermon provided for in the Prayer Book is at the Communion Service, but under the Act of Uniformity a sermon might be preached at any time, provided the Prayer Book service were previously read by some priest or deacon, the lecturer or preacher being present during such service (-); but now, by the Act of Uniformity Amendment Act, 1872, a sermon or lecture, if preceded by the Bidding Prayer (q. v.), or a Prayer Book Collect, may be preached without a previous service (s). There seems to be no authority for prefacing a sermon with the words “In the name of the Father, of the Son, and of the Holy Ghost. Amen.' Under the Pluralities Act the bishop has power to order two sermons on Sundays. (See Public WORSHIP.)
As the sermon might be preached indifferently by a minister or layman, it was not considered “a ministration"; and, therefore, the black gown, and not the surplice, became the customary vestment; and is so even now, when the preacher in a consecrated church is, almost without exception, in holy orders (t). It would seem, however, that the surplice is the correct vestment for the communion sermon. The better opinion would seem to be, that a layman may not preach the sermon at the communion service; but if he can be legally permitted to read the litany or lessons, by parity
(m)_Bp. of Down v. Miller (1861), 6 L. T. 30; Ir. R. 11 Ch. App. 1. (n) Can. 71. o See CLERGY; CONGREGATION. (b) Cans. 50, 51.
(9) Can. 52.