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of reasoning, he may (with the bishop's licence) preach the communion sermon (u).
There is no particular place appointed from which the sermon is to be preached, but the canons order a pulpit as necessary in a church.
A sermon is not "privileged”; consequently if a clergyman “makes an example” of a member of his flock by commenting on his misconduct, and either naming him or alluding to him in unmistakeable terms, he must be prepared to justify his words (if actionable), although they may have been uttered bona fide in the honest desire to reform the culprit and warn the rest of his hearers (x). Also, a violent sermon may be considered as brawling (q. v.).
As to comments upon sermons, the Court in Gathercole v. Miall (y) were equally divided on the question whether sermons preached in open church, but not printed or published, were matter for public comment. But if the sermon itself dealt with matters of public interest, it is thought it would be (s).
PRESENCE, The, at the Lord's Supper, has given rise to more controversy than any other doctrine. There are two kinds of presence, the corporal and the spiritual: the former is believed in by the Greek, Roman, and Lutheran churches, the latter by the Church of England and Protestants generally. Corporal presence, or real presence of the natural body and blood, is considered to exist in various modes : (1) by transubstantiation, i.e., a change during the service of the substances of bread and wine into those of Christ's body and blood, the accidents, in school language, or sensible qualities of the former, remaining in the latter. This change
(v) See PUBLIC WORSHIP, Lay Ministrations.
(x) Odgers on Libel, 242; and see Magrath v. Finn (1877), Ir. R. 11 C. L. 162.
(y) (1846) 15 M. & W. 319; 10 Jur. 337.
(z) Odgers, p. 48; and as to an injunction. see Kitcat v. Sharp(1882), 62 L. J. Ch. 134.
may take place either (i) in the hands of the priest at the moment of consecration, as the Romanists say; or (ii) in the mouth of the recipient, as others say; (2) by consubstantiation—the Lutheran doctrine—i.e., the two substances are united in the sacramental elements, so that they might be termed bread and wine, or the body and blood, with equal propriety (a); (3) a corporal, or real bodily presence, which, as some say, is not necessarily in the elements at all. All these views are contrary to the doctrine of the Church of England (6).
Spiritual presence is the only doctrine which may be taught in our Church. The body of Christ is given, taken, and eaten, in the Supper only after a heavenly and spiritual manner, and by means of faith. Some who press the sacrament or symbol with their teeth do not partake of Christ; on the other hand, there are some who eat the body and drink the blood without partaking of the sacrament (). The Church, therefore, clearly teaches that the outward visible sign, and the inward spiritual grace, are not necessarily and inseparably connected. It is also clearly laid down that “any presence which is not a presence to the soul of the faithful receiver" the Church does not, by her articles and formularies, affirm or require her ministers to accept. This cannot be stated too plainly (d). It is not, however, penal for a clergyman to assert that such spiritual presence is “real, essential, objective,” and the presence may legally be described as a “real spiritual presence,” or as a "real presence," spiritual being understood; but such phraseology has been characterized by the Privy Council as “rash and ill-judged, and perilously near a violation of the law.” The expression certainly is misleading, “real presence” being synonymous throughout the whole of Christendom with “corporal presence."
In a spiritual sense, the presence of Christ, when two or
1 Hallam, Const. Hist. 122.
Declaration of Kneeling in Prayer Book, Art. 28; Sheppard v. Bennett, cited under Articles.
(c) Communion of the Sick Rubric. See LORD'S SUPPER.
(d) Sheppard v. Bennett, at p. 406,
three are gathered together in His boly name, is “real,” as also is the universal presence of the Deity. In such a “real presence" the entire Catholic Church believes.
PRESENTATION. The right of presentation and that of nomination to a church are distinct things. Presentation is the offering a clerk to the bishop, nomination the offering a clerk to the patron ; e.g., where the legal estate is in trustees, the trustees present on the nomination of the cestuis que trustent (e). So in the case of a mortgagee of an advowson, the mortgagee presents, but only on the nomination of the mortgagor (f).
All presentations must be in writing (9), but it seems that they need not be under seal. No particular form is necessary ; a letter to the bishop is sufficient. Forms are, however, given in the books of conveyancing precedents (h). In cases where the clerk to be instituted is himself patron, the proper course is to petition the bishop to admit and institute him. If the instrument of presentation or donation is drawn by the bishop's secretary or the registrar of the dean and chapter, he is entitled to charge a fee of 21. 28.; in the case of a perpetual curacy, 11. ls. No other fee is payable on a presentation or donation, and no stamp duties are now payable (i). A presentation, though duly made in all respects, may be revoked or varied at any time before institution, as it confers no interest whatever, and where the Crown is patron, at any time before induction (k).
Presentation must be made within six calendar months after the patron has notice of the vacancy, otherwise the right lapses to the bishop (?). As to who may present and be presented, see Advowson; and as to the bishop's right of refusal, see INSTITUTION.
(e) See Welch v. Peterborough (1885), L. R. 15 Q. B. D. 432.
(f) Cruise, vol. iii., p. 3.
(9) Statute of Frauds, 29 Car. II. c. 3, s. 4.
(h) Robbins' Bythewood, vol. vi., p. 848, and note.
(i) See Stamp Act, 1891, and 40 & 41 Vict. c. 13, s. 13, since repealed.
(k) Cruise, vol. iii., p. 12.
PRIEST, Prester or Presbyter (Gr. apeoßUtepos, an elder). One of the holy orders recognized by nearly every church, either under the name of priest or minister. By 13 Eliz. c. 12, none can be made minister (which here means priest) unless it appear to the bishop that he is of honest life and professeth the doctrine expressed in the thirty-nine Articles (m), nor unless he is able to answer and render the ordinary an account of his faith in Latin according to the said Articles, or have special gift or ability to be a preacher. He must be twenty-four years of age, “ complete," and no dispensation from this can be obtained (n). As to the requisites for ordination, see ORDERS. Only a priest can administer the Lord's Supper, and only a priest is eligible for a benefice or any of the higher offices in the Church of England (0). The use of the word "priest” in the rubrics does not mean that only a priest can perform the various portions of the service to which the word is prefixed, but merely that a priest is to do so if possible (0). "Priest” and “bishop" originally designated the same individual (p).
PRISON CHAPLAIN. A clergyman of the Established Church must be appointed, by the Secretary of State, as chaplain to every prison. An assistant chaplain, being also a clergyman of the Established Church, may be appointed if required, the appointment being made by the Prison Commissioners, subject to the control of the Secretary of State (). The same person may officiate in two prisons if such prisons are within a convenient distance of each other, and are calculated to receive not more than 100 prisoners. No chaplain of two prisons, or of one prison in which the average number of prisoners confined at any one time during the three years next before his appointment has not been less than 100, can hold a benefice or curacy (r). Notice of the appointment
(m) This has been modified by the (0) See ABSOLUTION. Clerical Subscription Act of 1865. (P) See BISHOP. See ARTICLES.
(9) 28 & 29 Vict. c. 126, ss. 10, 12; (n) Preface to Ordinal, confirmed 40 & 41 Vict. c. 21, ss. 5, 9. by 44 Geo. 3, c. 43.
(r) 28 & 29 Vict. c. 126, s. 11.
must be given to the bishop within one month, and the chaplain or assistant chaplain must be duly licensed by him (). Such chaplains (as prison officers) are entitled to a superannuation allowance not exceeding two-thirds of the emoluments, after twenty years' service (t), if incapacitated or over sixty years of age ; or to a gratuity not exceeding the amount of his salary and emoluments for one year. And if his office is abolished, he is entitled to be dealt with under the Superannuation Act, 1859 (u). Ministers not of the Established Church are also allowed to visit prisoners under certain restrictions (v).
PROCESSIONS. Where a procession in church is conducted so as to form a further rite or ceremony in connection with and forming part of the rites and ceremonies of public worship, e.g., immediately before or immediately after morning or evening prayer, it is illegal (x). On other occasions, whether in church or out of doors, it may be doubted whether there is any objection, unless the bishop vetoes it. The only recognized procession is “beating the bounds" (y). A procession through the streets of the Salvation Army with bands of music is not an unlawful assembly in itself (), and cannot be made so by a municipal bye-law (a), although it may consist of a very considerable number of persons (over 100). The same rule would, no doubt, apply to any other body of Protestants (but not Roman Catholics (6)) bonâ fide assembled for religious purposes; and lately there have been instances of Church of England processions through the streets carrying banners and pictures. It has also been held that any such procession does not become unlawful merely
(8) 28 & 29 Vict. c. 126, 8. 13. 28 & 29 Vict. c. 126.
(0) This includes prison service (x) Elphinstone v. Purchas (1870), under Army Acts, 1879 and 1881, 3 A. & E. 67. and Naval Discipline Act: see 49 & (y) See ROGATION Days. 50 Vict. c. 9.
(z) Beatty v. Gillbanks (1882), 9 (u) 40 & 41 Vict. c. 21, s. 36; 41 & Q. B. D. 308. 42 Vict. 0. 63.
(a) Johnson v. Croydon (1886), 16 (v). See, as to this and other Q. B. D. 708. See LORD'S Day. religious regulations in prisons, (6) See DISSENTERS. sects. 44-52 of the schedule to