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directed by the Act (m); and if the commission reports that the duties are inadequately performed, the bishop may require the incumbent to appoint a proper curate (n), and in default may appoint one himself and assign him a salary (6).
No clergyman of the Church of England is entitled to officiate publicly in any parish church, chapel, or any other place without a bishop's licence (P); nor can he so officiate in the parish of another clergyman without his authority as well as that of the bishop (1), except under certain Acts of Parliament, as in the case of a workhouse, army, or private chaplain (9.2.). A clergyman who wishes to break these or any other rules of the church, must either become a declared member of some other church or denomination, or take advantage of the Clerical Disabilities Act, 1870, otherwise he remains subject to the episcopal authority, and to legal proceedings as a criminous clergyman (;-).
A clergyman who conducts divine service in a consecrated or unconsecrated building publicly in the presence of a congregation (7.v.) must observe the statutory forms (s). He may depart from the liturgy when conducting a private service for the benefit of his own private family and household (t). But on such an occasion he may only read prayers or a sermon, he may not preach or administer the Holy Communion (u). If in times of dangerous sickness he preaches or administers the Communion privately, he must comply with the rubrics and the canons (x).
No action for damage lies against a clergyman for refusing to celebrate divine service (y), but he may be proceeded
(m) Sect. 3.
(r) See 43 & 44 Vict. c. 41, s. 14; (n) 1 & 2 Vict. c. 106, s. 77; and but see also Barnes v. Shore (1846), 8 as to the serving of notices, s. 112 ; Ad. & E. 640: the statement in the and 48 & 49 Vict. c. 54, 8. 15.
text is, however, practically correct. (0) See CURATE.
(8) As to which, sce PUBLIC WOR(p) Barnes v. Shore (1846), 1 Rob.
SHIP. 382; 8 Q. B. 640. And see Con- (tj Freeland v. Neale, ubi sup. GREGATION.
(u) Can. 71, and see Can. 73. (9) Freeland v. Neale (1848), 1 (x) See PUBLIC WORSHIP. Rob. 643, p. 649; Foundling v. (y) 5 Rep. 72 b.
5 Garrett (1882), 47 L. T. 230.
against for penalties under the statutes or in the ecclesiastical courts (-).
No spiritual person may serve more than two benefices in one day unless in case of emergency, when the circumstance must be forthwith reported to the bishop (a).
Dress. The canon law lays down the details of a clergyman's attire with considerable particularity, but the apparel ordered is now somewhat out of date. In private they “may use any comely and scholarlike apparel,” but in public they may not "go in their doublet and hose without coats or cassocks." The apparel is to be “decent and comely,” but not “light-coloured.” The dignitaries of the church are not to “intermit” to wear their gowns and hoods (6).
Statistics. The clergy of the Church of England of all ranks number about 28,000. Of these, about 3,000 are employed in clerical work abroad, or as secretaries, &c., of various church societies. About 14,000 are beneficed in England and Wales, and about 6,000 are paid curates. The remaining 5,000 appear to have, strictly speaking, no clerical employment. They comprise schoolmasters, invalids, and the unemployed.
The pay of the clergy varies very considerably; from 801., or even less, to 15,0007. a year. The incomes of some of the bishops, however, are materially reduced by the expenses of litigation. All classes of the clergy are alike expected to contribute to charitable objects in proportion to their means. It is said that some of the clergy receive an average income of no more than 1181. a year during their whole career. Surely the richer clergy are not without responsibility in this matter (e). In the Presbyterian Church of England the ministers (except under exceptional circumstances) receive a minimum income of 2001. a year, and this without any
State aid whatever. In the Established Church of Scotland, as also
(-) Rugg v. Winchester (1868), L. R. 2 P. C. 223.
(a) 1 & 2 Vict. c. 106, 8. 106.
(c) See the report of the Secretary of Curates Augmentation Fund for 1890. The 1181, a year applies to curates, no doubt many of the poorer beneficed clergy are as badly off.
in the disestablished, and comparatively poor, Church of Ireland, the position of the junior clergy is said to be much more favourable than in the richly endowed Church of England.
COADJUTOR BISHOP is an assistant bishop appointed in the event of mental incapacity of an archbishop or bishop. The present regulations are contained in the Bishops Resignation Act, 1869. The procedure is similar to that on the resignation of a bishop, and the coadjutor is elected in like manner as if the bishopric were vacant. He cannot sit in the House of Lords, nor sign himself by the name of the diocese; the incapacitated bishop retaining his rank, style, and privilege. The income of a coadjutor is 2,0001. a year
. (except Sodor and Man, 1,0001.), payable half-yearly, and the spiritualities and patronage of the see vest in him (d). He does not necessarily succeed to the archbishopric or bishopric, but he is entitled to succeed to some bishopric other than that of Sodor and Man. In the case of an archbishop, the coadjutor's income is—Canterbury, 4,0001., and York, 3,0001., a year. He only performs episcopal functions, the archiepiscopal duties devolving on the bishop of the province who is senior in rank (e).
COMMENDAM is a benefice that being void is commended to the care of some sufficient clerk to be supplied until it may be conveniently provided of a pastor (). Formerly, bishops frequently held livings in commendam in order to appropriate the revenues. Commendams were abolished in 1836 (9).
COMMINATION or denunciation service is directed to be used on the first day of Lent, and such other days as the ordinary shall appoint. The preliminary address is directed to be said by a "priest,” most of the remainder by a “ minister.” (As to this, see ABSOLUTION.)
(d) 32 & 33 Vict. c. 111, ss. 3-5 aud 11.
(e) Ibid. ss. 12, 13.
(f) Termes de la ley.
(9) 6 & 7 Will. 4, c. 77, s. 18; 1 & 2 Vict. c. 30, s. 3,
COMMISSARY is a kind of archdeacon. He supplies the office and jurisdiction of the bishop in the out-places of the diocese, or in such parishes as are peculiars to the bishop, and exempted from the archdeacon's jurisdiction (1). The office may be held by a layman, who must be qualified in the same way as a Chancellor (). A sentence, under the Church Discipline Act, pronounced by a commissary, is as good and effectual as one pronounced by the bishop (j).
COMMUNICANT. The proper and primary meaning of this word is now confined to those who actually commune. In ancient times, every person whom the church regarded as under an obligation to commune, was virtually a communicant (7).
CONFESSION of sin is usually “ general," as at Morning and Evening Prayer, and at Holy Communion. But anyone may, at any convenient time, talk over his difficulties with his minister; and in the visitation of the sick, and as a preparation for the Lord's Supper, a minister is justified in urging a member of his congregation to private confession ; but only, it would seem, if the conscience is troubled with any weighty matter. The law, therefore, is that an occasional confidence or confession in exceptional circumstances is not only allowable, but is enjoined; but anything like habitual or systematic auricular confession and absolution (1) is not allowable in the Church of England.
The Homily of Repentance, which curiously enough is often cited in support of auricular confession and absolution, lays down the law as follows :—“Whereas the adversaries go about to wrest this place (m), for to maintain their auricular
(h) Termes de la ley.
(k) Queen v. Hall (1866), L. R. 1 Q. B. 640.
(1) See ABSOLUTION.
confession withal, they are greatly deceived themselves and do shamefully deceive others : for if this text ought to be understood of auricular confession, then the priests are as much bound to confess themselves unto the lay-people, as the lay-people are bound to confess themselves to them. And if to pray is to absolve, then the laity by this place hath as great authority to absolve the priests, as the priests have to absolve the laity;" and again, referring to Matt. 8,
“What si need we then to tell forth our sins into the ear of the priest, sith that they be already taken away ?” and again, “It is most evident and plain that this auricular confession hath not his warrant of God's word.” Then after further remarks, all against auricular confession, comes the passage usually cited : “I do not say, but that, if any do find themselves troubled in conscience, they may repair to their learned curate or pastor, or to some other godly learned man, and show the trouble and doubt of their conscience to them, that they may receive at their hand the comfortable salve of God's Word.” The sentence, however, ought to be finished; it ends thus,“ but it is against the true Christian liberty, that any man should be bound to the numbering of his sins, as it hath been used heretofore in the time of blindness and ignorance.”
The question of systematic confession came up for consideration in the case of Poole v. Bishop of London, in which the bishop delivered judgment in these terms:—“I am led by your own admission to regard the course you are in the habit of pursuing in reference to confession as likely to cause scandal and injury to the church. I feel especially that this questioning of females as to violation of the seventh commandment is of a dangerous tendency, and I am convinced, generally, that this sort of systematic admission of your people to confession and absolution which you have allowed to be your practice ought not to take place.” In his judgment confirming the withdrawal of the offender's licence, the Archbishop of Canterbury said, “I am of opinion that the course pursued by the appellant is not in accordance with the