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of benefices, that dilapidations should not be made good, is not necessarily simoniacal (p). But an agreement to hand over any rent to be received from a tenant of the rectory house has been held to be simoniacal (g). Payment of money is not the only way of committing simony; a promise to marry the patron's daughter in consideration of a presentation, and even an unsuccessful attempt to commit simony, is sufficient, the words of the statute being the giving or promising "any sum of money, reward, gift, profit, or benefit whatsoever, directly or indirectly” (r).

The result of the authorities has been recently laid down by a great authority as follows:

"It is not simony for a layman, or spiritual person not purchasing for himself, to purchase while the church is full either an advowson or next presentation, however immediate may be the prospect of a vacancy, unless that vacancy is to be occasioned by some agreement or arrangement between the parties.

"Nor is it simony for a spiritual person to purchase for himself an advowson, although under similar circumstances.

"If either a layman or a spiritual person purchase an advowson while the church is vacant, a presentation by the purchaser upon any future avoidance after the church has been filled for that time is not simony.

"It is simony for any person to purchase the next presentation while the church is vacant.

"It is simony for a spiritual person to purchase for himself the next presentation, although the church be full.

"It is simony for any person to purchase a next presentation, or, if the purchase be of an advowson, the next presentation by a purchaser would be simoniacal, if there is an agreement or arrangement between the parties at the time of the purchase for causing a vacancy to be made.

"If any person purchase an advowson while the church is

(p) Wright v. Davies (1876), 1 C. P. D. 638.

(a) Mosse v. Killick (1881), 50 L. J. Q. B. 300.

(r) 31 Eliz. c. 6, s. 4; and Burn.

vacant, a presentation by the purchaser for that vacancy is simony" (s).

It will thus be seen that the law upon the subject is not in a state at all satisfactory to common sense or right feeling. There may be, no doubt, cases of simony in which the moral baseness is obvious enough. But there may be cases-there have been, probably, in every one's experience-in which, though the laws against simony have been technically transgressed, the transgressors have been men of high character and pure motive, and the transgression itself, but for the law, has been an act free from any taint of moral evil (†).

The penalties for a corrupt presentation under the statute of Elizabeth, are that the presentation will be void, and that the sovereign shall have the right to present for that turn; that the persons taking or giving the corrupt consideration shall forfeit and lose the double value of one year's profit of every such benefice; and, further, the person corruptly taking the benefice shall thenceforth be adjudged a person disabled in law from holding the same benefice (u). The penalties for a corrupt institution or induction are of a like character, and the patron becomes entitled to present again (x). No title to present by lapse accrues under the Act of Elizabeth but after six months after notice given of such avoidance by the ordinary to the patron (y).

Under the Church Building and New Parishes Acts, the Ecclesiastical Commissioners have power to assign the patronage of or presentation to the churches of new parishes in return for endowment, but no such arrangement is simoniacal (). Also, although, as a general rule, no spiritual person can sell or assign any patronage or presentation belonging to him by virtue of his spiritual office (a), he can do so for the purpose of forming new parishes or augmenting a living (b).

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A declaration that he has not committed simony has to be. made by every person instituted or collated to any benefice, or licensed to any perpetual curacy, lectureship, or preachership (c). It is in the following form:

"I, A. B., solemnly declare that I have not made by myself, or by any other person on my behalf, any payment, contract, or promise of any kind whatsoever, which to the best of my knowledge and belief is simoniacal, touching or concerning the obtaining the preferment of

nor will I at any time hereafter perform or satisfy in whole or in part any such kind of payment, contract, or promise made by any other without my knowledge or consent" (d).

SINECURE is a benefice sine curâ, without cure of souls, e. g., a sinecure rector was an ecclesiastical rector who used to receive the greater part of the emoluments of a benefice without performing any spiritual duties.

By 3 & 4 Vict. c. 113, all ecclesiastical rectories without cure of souls in the sole patronage of her Majesty, or of any ecclesiastical corporation, aggregate or sole, where there is a vicar endowed or a perpetual curate, were, immediately upon a vacancy, to be suppressed, and powers were conferred on the Ecclesiastical Commissioners to purchase any such rectories in the patronage of other persons, and to suppress the same on the first vacancy (sect. 48). And in any case where it shall appear to be expedient, the whole or any part of the emoluments of such rectory may be annexed to the vicarage or curacy dependent thereon, and any such vicarage or curacy may be constituted a rectory with cure of souls; also where a sinecure rectory had been held for twenty years before the Act, together with the vicarage dependent thereon, the two were to be permanently united (sect. 55).

SINGING.

It was the custom of Christians in the earliest times to sing hymns; generally in alternate verses. Afterwards, church music became so very technical and difficult that the congregations were unable to join in it. This abuse was

(c) 28 & 29 Vict. c. 122, s. 5.

(d) Ibid. s. 2.

done away with at the Reformation. Plain congregational music became the rule in parish churches, elaborate choral services being reserved for cathedrals; thus, an anthem is not necessary except in "quires and places where they sing."

Various portions of the Prayer Book service may be either said or sung, and this is in the discretion of the minister. The churchwardens have no right to interfere, their office being one of observation and complaint only. The parts of the service which are sung ought to be so rendered that "the same may be as plainly understood as if it were without singing" (e).

A musical instrument (f) may be used as an accompaniment, if thought necessary by the minister, in whose hands all musical arrangements lie; but the mere fact that there is an organ in a church does not necessitate the appointment of an organist, or even the use of the organ (q. v.). An organist (q. v.) is not a necessary officer of a church (g).

A "hymn or such like song" may be sung either at the beginning or at the end of morning or evening prayer, in the best melody and music that may be conveniently devised, having respect that the sense of the hymn may be understood and perceived (e); and no doubt a hymn may be substituted for the anthem above referred to. The present Archbishop of Canterbury is of opinion that a hymn may be sung at any convenient time, provided the service is not thereby let or hindered, and on this ground sanctioned the interpolation of the Agnus Dei at the Communion Service. This, though in some respects a reasonable and convenient view to take, must, in the light of the Privy Council and Arches decisions (and pending the appeal), be considered of doubtful authority (h). Under the law as it stands at present, it would seem that no less than nine hymns may be legally sung at the ordinary

(e) Injunctions of 1559. See judgment in Hutchins v. Denziloe (1792), 1 Hag. Cons. R. p. 178.

(f) See ORNAMENTS.

(g) Reg. v. St. Stephen's (1844), 14

L. J. Q. B. 34.

(h) Read v. Bishop of Lincoln, L. R. (1891) P. 63; appeal to Privy Council now pending; and see Elphinstone v. Purchas (1870), L. R. 3 A. & E. 98.

morning service, consisting of morning prayer, litany, antecommunion service, and sermon; and fire at the ordinary evening service.

SI QUIS is a notice (similar to banns) that a certain person. is a candidate for priest's or deacon's orders. It is to be read in the church or chapel of the place where the candidate resides at least two Sundays before the day of ordination, and attested by the officiating minister. It is in the following form:

College, B.A.], now

"Notice is hereby given that M. N. [of resident in this parish [or chapelry], intends to offer himself as a candidate for the holy office of a deacon [or priest] at the ensuing ordination of the Lord Bishop of ; and if any person knows any cause

or just impediment why the said M. N. ought not to be admitted into holy orders [or the holy order of priests], he is now to declare the same, or to signify the same forthwith to the Lord Bishop of "We certify that, on Sunday, the foregoing notice was publicly and audibly read by the undersigned

day of

instant, the

C. D. in the church [or chapel] of and that no impediment was alleged. "Witness our hands this

in the time of divine service,

day of

189

"C. D., Officiating Minister. "E. F., Churchwarden" (i).

SOVEREIGN is the supreme head of the established Churches. of England () and Scotland; the ultimate Court of Appeal of the English Church; and the supreme governor () in these realms over all persons in all causes as well ecclesiastical as temporal. He (or she) is persona sacra (m).

The peculiar duties and privileges of the sovereign with respect to the Church of England are to appoint the bishops and receive their homage, to receive the profits of a bishopric during a vacancy; to assemble Convocation (q. v.), and to

(i) Lond. Dio. Book (1890), p.

205.

(k) This title was first attributed to the King of England by the clergy in Convocation, and after

wards ratified by Parliament. See
Com. Dig. tit. Prerogative, D. 21.
(1) Can. 55. And see SUPREMACY.
(m) Com. Dig. tit. Ecclesiastical
Persons.

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