The Legal Position of the Clergy
CHAPTER IX
TEMPORALITIES
1. The legal possessions and revenues of the benefice of an ancient parish consist of (i.) the church and churchyard (subject to the use of both for the benefit of the people), (ii.) the parsonage house and glebe lands and buildings, (iii.) the tithe, (iv.) any modern endowments, including perpetual annuities granted by the Ecclesiastical Commissioners, (v.) ordinary dues and offerings, (vi.) mortuaries, and (vii.) fees; and some of these possessions and revenues are also attached to the benefice of a new ecclesiastical parish, which has, moreover, in certain cases a further source of revenue in (viii.) pew-rents.
2. The incumbent for the time being, whether of an ancient or new parish, has a freehold interest for his life, if he so long remains incumbent, in the possessions of the benefice, and for the purpose of holding them is a corporation sole, with a continuous succession in himself and all future incumbents. As such, he is subject to the general laws respecting corporations, and also to those which regulate the acquisition and holding of landed property for charitable purposes, except so far as the law has made special exemptions in his favour. Accordingly, except to the extent expressly permitted by statute, he cannot in his corporate capacity, with perpetual devolution to his successors in office, (_a_) acquire or hold additional landed property without a licence in mortmain or in a manner inconsistent with the provisions of the Mortmain and Charitable Uses Acts, 1888 and 1891,[317] or (_b_) hold landed property upon any trust or for any purpose other than as part of the possessions of the benefice.[318]
3. The rights of an incumbent in the church and churchyard differ according as the benefice is an ancient or a new parish, and in the former case according as it is a rectory or a vicarage. The freehold of the whole church in an ancient parish (except where a chapel or aisle or a pew belongs to a private individual), and of the churchyard, belongs to the rector, whether he be the incumbent or not;[319] and the chancel is repairable by him, except where there is a custom for the parishioners to keep it in repair. His duty in this respect can be enforced by suit in the ecclesiastical court, and the churchwardens cannot safely repair the chancel themselves and then sue him for the cost.[320] But the incumbent and churchwardens (subject to the rights of the bishop) have the possession and custody of the whole church, including the chancel, and a lay rector cannot interfere with their proper use of it; nor can any person claim to enter it, when not open for Divine service, without their permission.[321] And the incumbent has the paramount right to keep the keys of the church and to control the use of the organ and the ringing of the bells.[322] But ringers are not liable to criminal proceedings in the ecclesiastical court for ringing the church bells without his consent, unless it was done against his express desire.[323] Moreover, Canon 88 contemplates that the churchwardens and sidesmen should have some control over the bellringing; for it enjoins upon them not to allow the bells to be rung superstitiously upon holy-days or eves abrogated by the Prayer Book, nor at any other times without good cause to be allowed by the incumbent and by themselves. And as regards the churchyard, unless there is a special provision to the contrary in connection with his endowment, a vicar, as against the rector impropriate, is only entitled to the possession of the churchyard for spiritual purposes. The rector has a right to the profits of the soil, and he or his tenants can depasture it with sheep.[324] But a rector is only at liberty to fell the trees in the churchyard when they are required for the repair of the chancel, or when the body of the church requires repair and he voluntarily allows the parishioners to use them for the purpose.[325] In new parishes the freehold of the church and churchyard and of the vaults belonging thereto is vested in the incumbent, except where it has been vested in the vestry under a local Act and they have not consented to part with it.[326] Neither incumbents nor rectors impropriate are liable in respect of the church and churchyard to rates, nor to contributions towards the expense of making and paving new streets.[327] So, too, an incumbent was held not liable as owner for expenses incurred by a local authority under a statute in removing a part of the church which had become a dangerous structure.[328]
4. The rights of the incumbent are, moreover, qualified and controlled by the rights of the bishop on the one hand and of the parishioners on the other. He has a general authority from the bishop to decide as to allowing or disallowing the erection in the churchyard of tombstones with inscriptions, not being of an unusual character in respect of size or otherwise, as well as glass shades for wreaths and other additions to the contents of the churchyard.[329] But any person interested may appeal against his decision to the bishop's court, which has power to determine the matter, subject to appeal to the higher tribunals.[330] He cannot, however, authorise the erection of monuments or tablets in the church itself, nor monuments of abnormal size in the churchyard. These, as well as other additions to or alterations in the church or churchyard, require the sanction of a faculty either from the bishop's consistory court or, if there refused, from the provincial court or the Judicial Committee of the Privy Council. A faculty for the purpose will, in proper cases, be granted on the application of the incumbent and churchwardens supported by a resolution of the vestry.[331] If there is a rector impropriate, his consent will be necessary to any proposed change in the chancel. As already noticed (Ch. VII. § 1 above), the incumbent cannot validly, on his own authority, sell grave spaces in perpetuity in the churchyard; and a faculty will not be granted for a vault or space for exclusive burial unless it is clearly improbable that it will inconveniently diminish the available ground for the burial of the parishioners.[332] It is an offence on the part of any one to remove earth and bones from the churchyard[333] or to desecrate it in any other way; but a faculty will in a proper case be granted for diverting the course of an ancient footpath through a churchyard when necessary for the enlargement of the church;[334] and for throwing a portion of a churchyard, which is not required for interments, into a highway.[335] A wall of a churchyard which has been wilfully pulled down does not require a faculty for its restoration.[336] A faculty has been granted to secure for ninety-nine years an easement of light and air to the lower windows of an adjoining house through the railings of a churchyard, on payment of an annual rent of £22 to the rector for the time being.[337] Where a churchyard or other burial ground has been closed or is no longer used for burials, a faculty may be obtained for laying it out as a garden with footpaths, and removing the tombstones and placing them against the walls of the church or churchyard;[338] but the erection upon it of any building, except for the purpose of enlarging a church, chapel, or other place of worship, is unlawful, and no faculty can be granted for it.[339]
5. Every ancient church ought of right to have glebe as well as a manse or parsonage house attached to it.[340] In a parish where there is an impropriate rectory and a vicarage, glebe may be attached to both or either. Rectorial glebe is not liable to pay vicarial tithe to the vicar, nor is vicarial glebe liable to rectorial tithe to the rector.[341] Since the interest of the incumbent in the house of residence and glebe is limited to his life or tenure of the benefice, he cannot deal with them in a way prejudicial to the rights of the patron or of his successors in the incumbency. His powers of selling, exchanging, and leasing are strictly defined by statute. He must not commit what is technically called "waste"--that is to say, any spoiling or destruction of houses, gardens, or other glebe of the benefice, or of the trees thereon, to the detriment of his successors. In cultivating the glebe lands himself, he is not restricted to any particular mode of cultivation, nor accountable to his successors for neglect or mismanagement.[342] But he must not cut down trees, except so far as they may be required for the repairs of the buildings of the benefice, including the chancel of the church, if he is the rector and is liable to repair it.[343] He may not on his own account open mines, quarries, or gravel-pits under or upon the glebe land, nor work those which have been unlawfully opened; but he may work those which are already lawfully open;[344] and even as regards minerals or gravel unlawfully taken by him, if he is not restrained at the time, his successor cannot maintain an action for damage against his representatives after his death.[345]
6. In modern times the provision of parsonage houses and of other necessary buildings on glebe lands, and the repairs of chancels liable to be repaired by rectors, have been facilitated by special legislation. In 1777 and 1781 the Gilbert Acts were passed,[346] which, as amended by Acts of 1826 and 1838,[347] enabled an incumbent, with the consent of the bishop and patron, or, during a vacancy in the living, the bishop, to borrow money for the purpose of providing a parsonage house, or rebuilding it in case of its having become ruinous, upon the security of a mortgage of the income of the benefice for thirty-five years. The loan was not to exceed the amount of the gross net income of the benefice, and was to be repayable with interest by thirty yearly instalments. The Governors of Queen Anne's Bounty were empowered to lend money for the purposes of the Acts; and, in practice, the loans are generally obtained from them. A later statute[348] extended these provisions to the purchase of land convenient to be used with the parsonage house or existing glebe land, and to the repair of the chancel in cases where it is repairable by the incumbent, and to the building or improving of farm houses or buildings or labourers' dwelling-houses on the glebe land; and subsequent Acts have extended the time for repayment of the loans.[349] Another series of enactments has specially sanctioned gifts and bequests for providing parsonage houses and glebe;[350] and under a third series incumbents are empowered to sell the parsonage houses and glebe lands of benefices, or exchange them for others of greater value or more conveniently situated, and to acquire new parsonage houses and additional glebe lands.[351]
7. When an incumbent has a licence from the bishop to reside elsewhere than in the parsonage house, he may let the house, subject to an obligation on the part of the tenant to give up possession on the bishop ordering the incumbent to resume residence therein.[352]
8. An incumbent may either himself farm his glebe (see Ch. 1. § 16 above) or let it to tenants. The tenants, however, will have no rights against his successors unless the leases to them are made in accordance with the statutory provisions for the purpose. These provisions enable an incumbent, subject to certain restrictions and with the consent of the bishop and patron, to let the glebe on farming leases for fourteen years or, in some cases, for twenty years,[353] and under special conditions to grant leases of it for longer periods for building and mining purposes.[354]
9. An incumbent, as having an interest in the parsonage house and other buildings of the benefice only during his incumbency, was always bound to keep them in repair for the benefit of his successors.[355] His exact liability in this respect and also in respect of insuring against fire is now regulated by the Ecclesiastical Dilapidations Act, 1871.[356]
10. Under this Act diocesan surveyors are appointed in every diocese to inspect and report as to requisite repairs and to certify as to their due execution. The proceedings vary according as they take place (_a_) upon a vacancy in the benefice, or (_b_) at other times. But in either case, after they have taken place, a certificate of the diocesan surveyor that the requisite works have been completed in the parsonage house and other buildings (including walls and fences, and, in the case of a rector liable for its repair, the chancel of the church) will (in the absence of wilful waste or of loss or damage by fire where the incumbent has not kept up a sufficient fire insurance) confer exemption from liability for dilapidations, in respect of those buildings, for the next five years.
11. (_a_) Within three months after a benefice has become vacant,[357] unless the late incumbent was for the time being free, in respect of all the buildings of the benefice, from liability to dilapidations, the diocesan surveyor will inspect the buildings or such of them as have not been included in the exempting certificate, and will report to the bishop what works and what sum, if any, are required for making good the dilapidations. Either the new incumbent, or the late incumbent or his executors or administrators, may send to the bishop objections to the report, and the bishop will make an order specifying the repairs to which the late incumbent or his estate is liable and the cost of them. The amount of the cost thereupon becomes a debt from the late incumbent or his estate to the new incumbent and may be recovered as such.[358] Any money received in respect of it is to be paid to the Governors of Queen Anne's Bounty, and they, with the consent of the bishop and patron, may lend on the security of the possessions of the benefice, any part of the cost which they have not received from the new incumbent. Any additional balance required to make up the total amount of the cost of the repairs must be paid to them by the new incumbent, and in case of non-payment may be raised by sequestration of the profits of the benefice. All the sums received or lent by them are to be placed in the first instance to a dilapidation account. If a vacancy occurs in a benefice between the time of an inspection of the buildings and the certifying of the completion of the works, the former incumbent or his estate will be liable for any portion of the cost of the required repairs remaining unpaid by him, as a debt due to the new incumbent. But the new incumbent, whether he recovers that portion or not, will be under the same liability to pay for the outstanding cost of the repairs as the former incumbent would have been had he continued to hold the benefice; and any amount which he fails to recover from the former incumbent or his estate may with the consent of the bishop and patron be lent to him by the Governors of Queen Anne's Bounty on the security of the profits of the benefice.
12. (_b_) On a written complaint of the archdeacon, the rural dean, or the patron, that the buildings of a benefice are dilapidated, or at the request of the incumbent himself, the bishop, although no vacancy has occurred, may direct the diocesan surveyor to inspect the buildings, unless, in the case of a complaint on the subject, the incumbent is himself ready to put the buildings in proper repair, and the bishop is satisfied that this is actually done. Such inspection may also be directed within six months after the sequestration of a benefice, and is to be renewed in every fifth year while the sequestration continues. The surveyor, in like manner as in the case of a vacancy, will report to the bishop the works needed and their probable cost. The incumbent or the sequestrator may state objections to the report, and the bishop will give his decision in writing. If the benefice is not under sequestration, the Governors of Queen Anne's Bounty may, with the consent of the bishop and patron, lend on the security of the possessions of the benefice the whole or any part of the cost of the required works. The amount of the loan will be placed to a Dilapidation Account, and it will be the duty of the incumbent to execute the required works in the prescribed manner. If he fails to do so, the cost may be raised by sequestration of the benefice, and the same course will be taken as if that had occurred before the dilapidation proceedings had commenced. In the case of a benefice under sequestration, the cost of the required works is to be a charge on the income of the benefice which comes into the hands of the sequestrator, and out of that income, after providing for the performance of the duties of the benefice, he is to pay the amount of the cost to the Governors of Queen Anne's Bounty, to be placed by them to a dilapidation account. The proceedings are not to be affected by any vacancy occurring in the benefice before the works are executed, except so far as modification may be made in them as the result of the report of the surveyor after his inspection consequent on the vacancy, and except that if the benefice was under sequestration, any unexpended amount standing to the dilapidation account of the sequestrator is to be carried to the dilapidation account of the new incumbent in reduction of the amount payable by the former incumbent or his estate. A sequestrator who spends more on the repairs than is authorised by the surveyor's report is personally liable for the excess.[359]
13. When the surveyor certifies from time to time, until the whole of the repairs have been executed, that a certain sum ought to be paid in respect of the required works, such sum is payable out of the money standing to the dilapidation account, and when all this money is exhausted, must be paid by the incumbent himself. It is his duty to cause the repairs to be executed, unless with the consent of the bishop and patron he decides to rebuild or to alter or remodel any structure. In that case, if the repairs are superseded or rendered unnecessary, the money standing to the dilapidation account may be applied towards the cost of the new work.
14. It is the duty of an incumbent to keep the parsonage house and other buildings of the benefice (including the chancel of the church in the case of a rector liable for its repairs) insured against loss or damage by fire to the satisfaction of the Governors of Queen Anne's Bounty, in the joint names of the incumbent and themselves, in at least three-fifths of the value of the buildings; and the receipt for the current year's premium in respect of the insurance must be exhibited at the next visitation of the bishop or archdeacon. The money received in respect of any destruction or damage of a building which the insurance office does not cause to be reinstated at its own expense, is to be paid to Queen Anne's Bounty, and dealt with in the same manner as money standing to a dilapidation account. If the building cannot be reinstated for the amount for which it was insured, the diocesan surveyor is to certify the additional sum required for the purpose, with the same liberty to the incumbent or sequestrator to object and the same final order of the bishop as in the case of a report as to dilapidations. The prescribed sum is to be paid to Queen Anne's Bounty, if the benefice is not sequestrated, by the incumbent (with power to the bishop, in default of payment, to raise the amount by sequestration of the benefice), or, if the benefice is under sequestration, by the sequestrator, in the same way as dilapidation money is payable by the incumbent or the sequestrator, as the case may be; and the money so paid to Queen Anne's Bounty will be paid out on certificates of the surveyor during the progress of the works, as in the case of dilapidation repairs.[360]
15. The provisions of the Act do not apply to buildings let on lease where the lessee is liable to insure, rebuild, and repair; but the diocesan surveyor has power to inspect any such buildings.[361]
16. Although there is no positive rule of law on the subject, an incumbent should, as a matter of prudence, obtain a faculty, or at any rate the written consent of the bishop and patron, before making any substantial alteration in the parsonage house or other buildings of the benefice. If he fails to do so, he proceeds at the risk of himself and his estate; and if his action is afterwards challenged, it will lie upon him or his executors to prove that it was justifiable.[362] The precaution should never be omitted in the case of removing a building without erecting another in its place. With regard to any building belonging to or forming part of a parsonage house which appears to be unnecessary, the bishop, on the application of the incumbent, and with the written consent of the patron, is expressly empowered to authorise its removal; and any net proceeds of the removal will be applied to the improvement of the benefice in such manner as the bishop and patron may agree.[363] The foregoing remarks do not apply to structures such as movable sheds or garden frames, which are not regarded in law as affixed to the soil and therefore hereditaments like the land on which they stand, nor to fancy structures with which the succeeding incumbents ought not to be burdened.[364]
17. Upon the vacation of a benefice, the incumbent or his estate ceases to be entitled to the income and house of residence of the benefice. But on the death of a married incumbent who was at the time occupying the house of residence, his widow has a right to remain in occupation for two months after his death;[365] and in every case, until the question of dilapidations is settled, the late incumbent or his executors or administrators may, at reasonable hours, with a surveyor, enter upon the premises of the vacated benefice.[366] If the vacancy occurs otherwise than by resignation, the late incumbent or his executors or administrators have a right to emblements, that is to say, to reap and enjoy any crops which he sowed before the vacancy occurred but which have not ripened until afterwards.[367] Where, however, the glebe land is not cultivated by the incumbent himself, but is let to tenants, the current rents are in all cases apportionable between the late incumbent, or his estate, and the new incumbent, up to and from the date of the occurrence of the vacancy; and the same rule applies to tithe rentcharge and to any other income from endowments.[368] Subject to these rights and to provision being made out of the revenue of the benefice for the service of the cure during the vacancy,[369] the new incumbent, on his admission, becomes entitled to the temporalities of the benefice as from the date when the vacancy took place.
18. Under the Tithe Act, 1836,[370] and various amending Acts, a tithe commutation rentcharge has now been substituted for all the ancient tithes, except tithes of fish or of fishing, personal tithes (other than the tithes of mills), mineral tithes, payments instead of tithes within the City of London, permanent rentcharges or other payments in lieu of tithes calculated on the rent or value of houses or lands in a city or town under a custom or private Act, and tithes commuted or extinguished under a previous Act. And any of the excepted tithes and payments, as well as Easter offerings, mortuaries, and surplice fees, could be brought within the operation of the Acts by special provisions inserted in the parochial agreements framed under the Acts and approved by the Tithe Commissioners.[371] Where the rectory is impropriate and there is a vicarage, the tithe commutation rentcharge payable to the rector has been assessed in lieu of the rectorial or great tithes, namely, those on corn, hay and wood, and the rentcharge payable to the vicar has been assessed in lieu of the vicarial or small tithes, those on fruits, herbs, live stock, poultry, milk, cheese, and eggs. Under the earlier Acts an extraordinary tithe rentcharge was leviable on lands for the time being cultivated as hop gardens, orchards, fruit plantations, and market gardens; but this special rentcharge has since been abolished, the lands which had been in practice liable to it having been made liable to a fixed additional rentcharge instead.[372] The ordinary tithe rentcharge varies with the average prices of wheat, barley, and oats during the preceding seven years. It was originally assessed on the footing that £33, 6s. 8d. would buy 94.96 bushels of wheat, or 168.42 bushels of barley, or 242.42 bushels of oats; so that £100 of rentcharge was equivalent to those amounts of the three grains. The actual amount of £100 nominal rentcharge in any year is accordingly the sum which would buy those amounts of the three grains at the septennial average prices published in the _London Gazette_ at the beginning of the year.[373]
19. Tithe commutation rentcharge is payable half-yearly by the owner of the land on which it is assessed. If it is in arrear for more than three months, it may be recovered on application to the county court, (_a_) if the owner is in occupation of the land, by distress, or, if there is no sufficient distress, by proceedings to obtain possession of the land under section 82 of the Tithe Act, 1836, and (_b_) in other cases, by the appointment of a receiver of the rents and profits of the land.[374] Special facilities are given for the recovery of tithe rentcharge payable in respect of land in the hands of a railway company which is in arrear for twenty-one days or upwards, by distress upon the goods of the company on any part of its line.[375]
20. The dues payable to the clergy are of two kinds: (i.) ordinary dues and offerings, and (ii.) dues or fees payable for special services or special concessions. Both kinds vary considerably by law or custom in different places, and, as regards the former, an Act of 1548 provides that all persons who by the laws or customs of the realm ought so to do, shall yearly pay their offerings to the parson or vicar of the parish in which they dwell at the accustomed four offering days, or in default thereof at the next following Easter. Generally speaking, Easter offerings are the only offerings of this description which are still payable.[376] They are enjoined by the rubric at the end of the Communion Office and are due of right, and are recoverable under the Small Tithes Recovery Act, 1696,[377] before two justices, subject to an appeal to quarter sessions. Their legal amount, in the absence of custom to the contrary, is twopence per head, or, in London, fourpence per house.[378] But these sums were fixed when the value of money and the wealth of the country were very different from what they are at present; and it is reasonable that voluntary Easter offerings should now be made on quite another scale. The vicar of a new ecclesiastical parish has the same right to Easter offerings as the incumbent of the ancient parish out of which it was carved.[379]
21. Mortuaries or offerings at the time of a person's death are due in certain places by custom, and, where so due, are recoverable in the ecclesiastical courts. But by an Act of 1529, they were limited to 10s. as the maximum and to small amounts where the deceased died worth less than £40 in movable goods, none being payable if the deceased was not a householder and worth at least ten marks in movable goods, and a penalty was attached to demanding an illegal amount.[380]
22. Dues or fees payable for special services or concessions have already been mentioned in connection with churchings, marriages and burials, including in the last mentioned category those payable for the funeral itself, for the grave, and for any tombstone or monument to be erected upon it.[381]
23. In some cases the incumbent's stipend depends wholly or in part upon pew rents. They can only legally be taken where authorised by a special or general Act of Parliament. In some churches they have been sanctioned by a special Act, which prescribes their application, and the proportion (if any) which shall go towards the incumbent's stipend. They are also sanctioned in certain cases by the Church Building Acts and New Parishes Acts. Where pew rents are fixed under these Acts, the incumbent is entitled to such portion of them as may be settled in the manner therein prescribed;[382] and he can recover that portion from the churchwardens by an action at law.[383] An incumbent, who has a vote for a parliamentary borough as a resident therein, and who receives for his own use part of the pew rents of the church, which is also situate in the borough, but which is his freehold, has a parliamentary vote for the county as a freeholder, since he does not occupy the church within the meaning of 2 & 3 Will. 4, c. 45, s. 24.[384]
24. The incumbents of certain ancient benefices above the yearly value of £50 are liable to the payment to Queen Anne's Bounty of first fruits in the first year of their incumbency and tenths in succeeding years. The first fruits are the amount of one year's value of the benefice as recorded in the _valor beneficiorum_ or King's Books compiled in the sixteenth century, and the tenths are one-tenth of the same amount. They were originally paid to the Pope, and were annexed by Henry VIII. to the Crown, until Queen Anne bestowed them on the Bounty which bears her name, to form a fund for the augmentation of poor livings. Where they are payable, first fruits are due three months after admission to the benefice, and tenths annually at Christmas. An incumbent is only chargeable with the whole of the first fruits if he remains incumbent at the end of two years from the occurrence of the vacancy which he was appointed to fill. He is liable to none, or to one-fourth, one-half or three-fourths, if he dies or is removed within the first, second, third, or fourth half-year after that event.[385] Two Acts passed in 1706 and 1707[386] discharged from the payment of first fruits and tenths all benefices which at the time were under the annual value of £50, except that those of which the tenths had been previously granted away by the Crown to other parties were still to continue liable to tenths only. Other exemptions have been granted in favour of particular benefices at different times; and in 1837, out of 10,498 benefices with and without cure of souls, only 4898 remained liable to tenths, 4500 of that number being also liable to first fruits.[387]
25. Income or property tax is payable by an incumbent under schedule (A) in respect of his house of residence, glebe lands, and tithe rentcharge.[388] In respect of any landed property (other than a house of residence) actually occupied by him, income tax is also payable on one-third of its annual value, except that if he occupies it for the sole purpose of husbandry and can show that his profits fell short of that one-third, the tax is payable on the actual amount of the profits.[389] The tax is also payable by him in respect of all other stipend, fees, perquisites and profits accruing to him by reason of his incumbency. But in estimating these a clergyman or other minister of religion may deduct money paid and expenses incurred wholly, exclusively, and necessarily in the performance of his ministerial duties. In two Scotch cases these deductions were held to include the expense of visiting members of his congregation, attending church meetings enjoined on him as part of his duty, outlay on stationery, and communion expenses; but no deduction was allowed in respect of part of the manse used as an office for his clerical business, or for the cost of books or for a voluntary contribution made by him towards the stipend of an assistant minister.[390] There is sometimes a difficulty in determining whether sums of money which are granted or given to a clergyman, but are not part of his legal or recognised stipend, are taxable perquisites or profits accruing to him by reason of his office or not. The true test, namely, whether the gift is made to him in respect of his office or is personal to himself, is not easy to apply in particular instances. In another Scotch case it was held that a voluntary contribution made by parishioners to their minister, and received by him in respect of the discharge of the duties of his office, was taxable.[391] A grant to a curate by the Curates' Augmentation Fund in recognition of upwards of fifteen years' faithful service is not taxable, not being made in respect of performing present duties. But a grant to an incumbent from the Queen Victoria Clergy Fund, being made in respect of the poverty of his benefice, was decided by the Court of Appeal to be taxable, although the Divisional Court below had held the contrary.[392]
Footnotes
[317] 51 & 52 Vict. c. 42; 54 & 55 Vict. c. 73.
[318] Under the School Sites Acts, 1841, 1844 and 1851 (4 & 5 Vict. c. 38, 7 & 8 Vict. c. 37, 14 & 15 Vict. c. 24), land may under certain restrictions be conveyed to the minister and churchwardens and overseers of the poor, or to the ministers and churchwardens, of a parish, for the purpose of the education of the poor, and when so conveyed will remain vested in them and their successors as if they were a corporate body; but, except where authorised by a special local Act, it cannot be conveyed to the incumbent and churchwardens, or to the churchwardens alone, in perpetuity for any other purpose. (In the City of London, however, churchwardens can, by custom, acquire and hold land as a corporation for ecclesiastical or parochial purposes.) The Bodies Corporate (Joint Tenancy) Act, 1899 (62 & 63 Vict. c. 20), does not give any further power to an incumbent to hold property as a corporation jointly with another corporation or with individuals upon any ecclesiastical or charitable trusts; since the holding authorised by the Act is to be subject to the same conditions and restrictions as attach to its holding by a body corporate in severalty; and an incumbent as above mentioned could not, without a licence in mortmain, hold as a corporation by himself any property upon similar trusts, unless empowered to do so by express statutory authority.
[319] Jones _v._ Ellis (1828) 2 Yo. & Jer. 265, 266, 273; Batten _v._ Gedye (1889) 41 Ch. D. 507.
[320] Morley _v._ Leacroft (1896) P. 92; Neville _v._ Kirby (1898) P. 160.
[321] Jarratt _v._ Steele (1820) 3 Phill. 167; Jones _v._ Ellis _ubi sup._; Griffin _v._ Dighton (1864) 5 B. & Sm. 93, aff. 108; 33 L. J. Q. B. 29, aff. 181.
[322] Harrison _v._ Forbes (1860) 6 Jur. N. S. 1353; Redhead _v._ Wait (1862) 6 L. T. N. S. 580.
[323] Daunt _v._ Crocker (1867) L. R. 2 A. & E. 41; 37 L. J. Eccl. 1.
[324] Greenslade _v._ Darby (1868) L. R. 3 Q. B. 421; 9 B. & Sm. 428.
[325] Stat. (_temp incert._) _Ne rector prosternat arbores in cemiterio._
[326] (1856) 19 & 20 Vict. c. 104, s. 10.
[327] (1833) 3 & 4 Will. 4, c. 30; Angell _v._ Paddington Vestry (1868) 9 B. & Sm. 496; L. R. 3 Q. B. 714.
[328] Reg. _v._ Lee (1878) 4 Q. B. D. 75.
[329] M'Gough _v._ Lancaster Burial Board (1888) 21 Q. B. D. 321; 52 J. P. 740.
[330] Keet _v._ Smith (1875) L. R. 4 A. & E. 398; rev. (1876) 1 P. D. 73. The bishop himself decides disputes as to monumental inscriptions on stones in the consecrated portion of a burial ground provided under the Burial Acts; (1852) 15 & 16 Vict. c. 85, s. 38. As to the consecrated parts of cemeteries established by companies under the Cemeteries Clauses Act, 1847, see 10 & 11 Vict. c. 65, s. 51.
[331] Sm. Churchw. 52-57. A faculty is not necessary for mere repairs or redecoration where no alteration is made in the structure or the design, nor for trifling additions such as movable seats or hassocks. But a change in the mode of lighting or heating the church ought to be sanctioned by faculty. The grant of a faculty, besides ensuring that all is done legally and carefully, prevents any ill-feeling being cherished in the parish on the score of the alteration having been made without the knowledge or consent of some of the parishioners; since the application for the faculty affords to all who are interested in the matter an opportunity for submitting their views upon it. The regular mode of obtaining the approval of the parishioners to it is by a resolution of the vestry. But the opinion of the vestry is not conclusive; and a distinction will sometimes be made between the votes of those members of the vestry who are Church people and those who are not; see note (3) on p. 89 above.
[332] Rosher _v._ Vicar of Northfleet (1825) 3 Add. 14; Pitcher _v._ The Same (1825) _Ib._ 15.
[333] Adlam _v._ Colthurst (1867) 36 L. J. Eccl. 14.
[334] Vicar of Tottenham _v._ Venn (1874) L. R. 4 A. & E. 221, 225.
[335] _Re_ Bideford Parish (1900) P. 314.
[336] Rector of St. Stephen's, Wallbrook _v._ Sun Fire Office Trustees (1883) Trist. Cons. Judgm. 103.
[337] _Re_ St. Martin's Orgars (1870) _Ib._ 145. Comp. Rector of St. Stephen's, Wallbrook _v._ Sun Fire Office Trustees, _ubi sup._
[338] _Re_ St. George in the East (1876) 1 P. D. 311.
[339] (1884) 47 & 48 Vict. c. 72; (1887) 50 & 51 Vict. c. 32, s. 4.
[340] Com. Dig. tit. "Dismes" (B. 2).
[341] 2 Burn, 302.
[342] Bird _v._ Relph (1833) 4 B. & Ad. 826.
[343] Degge, ch. viii.; Sowerby _v._ Fryer (1869) L. R. 8 Eq. 417. The right to cut timber for the purpose of repairs includes the right to sell timber at a distance from the site of the repairs and buy other timber with the proceeds of the sale; Wither _v._ Dean of Winchester (1817) 3 Mer. 421.
[344] Holden _v._ Weekes (1860) 1 J. & H. 278; Ecclesiastical Commissioners _v._ Wodehouse (1895) 1 Ch. 552.
[345] Ross _v._ Adcock (1868) L. R. 3 C. P. 655.
[346] 17 Geo. 3, c. 53; 21 Geo. 3, c. 66.
[347] 7 Geo. 4, c. 66; 1 & 2 Vict. c. 23; 1 & 2 Vict. c. 106, s. 62.
[348] (1865) 28 & 29 Vict. c. 69.
[349] (1881) 44 & 45 Vict. c. 25; (1887) 50 & 51 Vict. c. 8; (1896) 59 & 60 Vict. c. 13.
[350] (1777) 17 Geo. 3. c. 53, s. 21; (1803) 43 Geo. 3, c. 108; (1811) 51 Geo. 3, c. 115; (1815) 55 Geo. 3, c. 147, s. 5; (1856) 19 & 20 Vict. c. 104, s. 27; (1865) 28 & 29 Vict. c. 69, s. 4. As to the consent of the Board of Agriculture being requisite to a grant of common land, see (1899) 62 & 63 Vict. c. 30, s. 22.
[351] (1815) 55 Geo. 3, c. 147; (1816) 56 Geo. 3, c. 52; (1820) 1 Geo. 4, c. 6; (1825) 6 Geo. 4, c. 8; (1826) 7 Geo. 4, c. 66; (1838) 1 & 2 Vict. c. 23; c. 29; (1839) 2 & 3 Vict. c. 49; (1842) 5 & 6 Vict. c. 54; (1846) 9 & 10 Vict. c. 73, s. 22; (1858) 21 & 22 Vict. c. 57; (1860) 23 & 24 Vict. c. 93, s. 41; (1861) 24 & 25 Vict. c. 105, s. 3; (1865) 28 & 29 Vict. c. 57; (1888) 51 & 52 Vict. c. 20. See also The Sale of Glebe Land Rules 1897 (Weekly Notes (1897) p. 117); Ecclesiastical Commissioners _v._ Pinney (1899) 1 Ch. 99; 2 Ch. 729; aff. (1900) 2 Ch. 737.
[352] (1838) 1 & 2 Vict. c. 106, ss. 59, 60.
[353] (1842) 5 & 6 Vict. c. 27.
[354] (1842) 5 & 6 Vict. c. 108; (1858) 21 & 22 Vict. c. 57; (1861) 24 & 25 Vict. c. 105; Ecclesiastical Commissioners _v._ Wodehouse (1895) 1 Ch. 552.
[355] Wise _v._ Metcalfe (1829) 10 B. & C. 299; Martin _v._ Roe (1857) 7 E. & B. 237.
[356] 34 & 35 Vict. c. 43. The Act is amended so far as respects the rates of fees thereunder by (1872) 35 & 36 Vict. c. 96; and so far as respects mortgages for loans, by that Act and (1896) 59 & 60 Vict. c. 13 and the intermediate Acts specified in the schedule thereto, and, in the case of extraordinary tithe redemption, by (1886) 49 & 50 Vict. c. 54, s. 12.
[357] The time is not essential, Caldow _v._ Pixell (1877) 2 C. P. D. 562.
[358] _Re_ Monk: Wayman _v._ Monk (1887) 35 Ch. D. 538. Consequently if on an incumbent's death the benefice is under sequestration, the sequestrator is not liable for the dilapidations; Jones _v._ Dangerfield (1875) 1 Ch. 438. On an exchange, the claim for dilapidations may be waived on both sides, with a view to their falling, in the case of each benefice, on the incoming instead of on the outgoing incumbent; Wright _v._ Davies (1876) 1 C. P. D. 638.
[359] Kimber _v._ Paravicini (1885) 15 Q. B. D. 222.
[360] (1871) 34 & 35 Vict. c. 43, ss. 54-57.
[361] _Ib._ ss. 58, 59.
[362] Huntley _v._ Russell (1849) 13 Q. B. 572; 13 Jur. 837; 18 L. J. Q. B. 239.
[363] (1871) 34 & 35 Vict. c. 43, s. 71.
[364] Huntley _v._ Russell, _ubi sup._; Martin _v._ Roe (1857) 7 E. & B. 237; 3 Jur. N. S. 465; 26 L. J. Q. B. 129.
[365] (1838) 1 & 2 Vict. c. 106, s. 36.
[366] (1871) 34 & 35 Vict. c. 43, s. 29.
[367] (1536) 28 Hen. 8, c. 11, s. 4; Bulwer _v._ Bulwer (1819) 2 B. & Ald. 470.
[368] (1738) 11 Geo. 2, c. 19, s. 15; (1834) 4 & 5 Will. 4, c. 22; (1836) 6 & 7 Will. 4, c. 71, s. 86; (1870) 33 & 34 Vict. c. 35.
[369] See ch. iii. § 2 (_a_) above.
[370] 6 & 7 Will. 4, c. 71.
[371] 6 & 7 Will. 4, c. 71, s. 90. The Statutory powers of the Tithe Commissioners are now vested in the Board of Agriculture.
[372] (1839) 2 & 3 Vict. c. 62, s. 28; (1860) 23 & 24 Vict. c. 93, ss. 42, 43; (1886) 49 & 50 Vict. c. 54; (1897) 60 & 61 Vict. c. 23.
[373] (1882) 45 & 46 Vict. c. 37 (Corn Returns).
[374] (1891) 54 & 55 Vict. c. 8.
[375] (1844) 7 & 8 Vict. c. 85, s. 22.
[376] 2 & 3 Edw. 6, c. 13, s. 10 (see (1887) 50 & 51 Vict. c. 59, sch.). The four offering days are Christmas, Easter, Whitsuntide, and the feast of the dedication of the parish church; Gibs. Cod. 705.
[377] 7 & 8 Will. 3, c. 6.
[378] Wats. ch. iii. p. 585; Carthew _v._ Edwards (1749) Ambl. 71; (1866) L. R. 1 Q. B. 632; Phill. Eccl. Law, Pt. v. ch. iv. § 2, pp. 1242-1245.
[379] (1843) 6 & 7 Vict. c. 37, s. 15.
[380] (1285) 13 Edw. 1, st. _Circumspecte agatis_; (1529) 21 Hen. 8, c. 6; Wats. ch. iiii. pp. 595-598; Phill. Eccl. Law, Pt. iii. ch. x. § 5, pp. 685-9.
[381] See above, ch. v. § 10; ch. vi. § 15; ch. vii. §§ 5, 6, 8, 9.
[382] Sm. Churchw. 67-71; (1818) 58 Geo. 3, c. 45, ss. 62-66, 73-79; (1819) 59 Geo. 3, c. 134, ss. 6, 26, 27, 30-33; (1822) 3 Geo. 4, c. 72, ss. 23-25; (1824) 5 Geo. 4, c. 103, ss. 10, 11, 18; (1831) 1 & 2 Will. 4, c. 38, ss. 4, 5, 22; (1845) 8 & 9 Vict. c. 70, s. 11; (1838) 1 & 2 Vict. c. 107, s. 18; (1856) 19 & 20 Vict. c. 104, ss. 6-8; (1884) 47 & 48 Vict. c. 65, s. 4.
[383] Lloyd _v._ Burrup (1868) L. R. 4 Ex. 63.
[384] Wolfe _v._ Clerk of Surrey County Council; Reeve _v._ The Same (1904) 1 K. B. 439.
[385] (1559) 1 Eliz. c. 4, s. 6; Wats. ch. xv. pp. 174-9; Phill. Eccl. Law, pt. v. ch. viii. pp. 1355-64.
[386] 6 Ann. cc. 24, 54.
[387] Report of Select Committee on First Fruits and Tenths and Administration of Queen Anne's Bounty (presented to the House of Commons and ordered to be printed 7th June 1837), p. iv.
[388] In estimating the value of tithe rentcharge, the necessary cost of collection may be deducted, Stevens _v._ Bishop (1887) 19 Q. B. D. 442; aff. (1888) 20 Q. B. D. 442.
[389] 59 & 60 Vict. c. 28 (Finance Act, 1896) ss. 26, 27.
[390] 16 & 17 Vict. c. 34 (Income Tax Act, 1853) s. 52; Charlton _v._ Inland Revenue Commissioners (1890) 27 Sc. L. R. 647; Lothian _v._ Macrae (1883) 22 Sc. L. R. 219.
[391] Inland Revenue _v._ Strang (1878) 15 Sc. L. R. 704.
[392] Turner _v._ Cuxon (1888) 22 Q. B. D. 150; Herbert _v._ M'Quade (1901) 2 K. B. 761; rev. on app. (1902) 2 K. B. 631.
INDEX
Ablutions, 91
Absolution, 135 _sq._, 138-140
Admission to benefice, 25-37; to curacy, 55; of churchwardens, 69
Advowson, 8; sale and transfer of, 26-28
Agnus Dei, 90
Albe, 89
Allegiance, oath of, 35
Apportionment of income on vacancy, 160
Archbishop, 15, 25, 28, 31 _sq._, 56, 101, 113
Archdeacon, 17 _sq._, 69, 74, 154
Articles, Thirty-nine, 34, 36, 53, 87 (n.)
Authority, lawful, 34, 81
Baldacchino, 89
Bankruptcy, 57, 58
Banns, 85, 100, 109-112, 115
Baptism, 91-93; lay, 93, 123
Beadle, 75 _sq._
Bells, 70, 83, 121, 135, 143 _sq._
Benefice, 14; admission to, 25-37; holding of two, 44, 52
Beneficed clergy, 14-16, 25-54
Benefices Act, 26-33, 46
Bigamy, 105
Biretta, 89
Bishop, 15-17, 27, 39, 55 _sq._, 70, 83, 129, 145; suffragan, 16
Body, cast up by sea, 123; removal of, 133 _sq._, 147
Brawling, 24, 71
Brick grave, 122 (n.), 126
Buildings, 149-159; removal of, 158 _sq._
Burial, 121-134
Burial Acts, 128-133; Act of 1880, 123, 126 _sq._; Act of 1900, 129-133
Candles, Candlesticks, 88, 90
Canons, Canon Law, 3-5
Canonical obedience, 15, 35
Catechising, 98 _sq._
Cemetery, 128, 145 (n.), 147 _sq._
Ceremonies, 86, 90, 91
Certificate of surveyor, 152 _sq._; of registrar for marriage, 101, 112-115
Chalice, mixed, 90
Chancel, 143-146; seats in, 70; gates, 88
Chancellor, 16 _sq._, 69, 117, 125 _sq._
Chapel, private, 42; of school or institution, 42; proprietary, 42 _sq._; of burial-ground, 129 _sq._
Chasuble, 89
Choristers, 76
Church, rights in, 69-71, 142-148; burial under, 124; of new parish, 11, 43, 101
Church Discipline Act, 18-20, 54
Church Trustees, 72 _sq._
Churching, 99
Churchwardens, 33, 59, 67-71, 85 _sq._, 122 _sq._, 142 (n.)
Churchyard, 69-71, 142-148
Clergy, civil privileges and disabilities, 21-24; duties, 20-22, 38 _sq._; ordained for service abroad, 12 _sq._, 29; protection, 22, 24; relinquishment of office, 24; secular occupations, 21-23; unbeneficed, 14, 55-64
Clergy Discipline Act, 19 _sq._, 54, 100
Clergy Resignation Bonds Act, 50
Clerical Disabilities Act, 24
Clerk, parish, 59, 73 _sq._, 130-132
Collation, 33-37
Collection of money, 70 _sq._, 85 _sq._
Colonial Clergy Act, 12 _sq._, 29
Commission of inquiry, 18, 45 _sq._, 59
Communion service, 82, 90 _sq._; administration, 93-97; refusal of, 94-97, 118-120; of sick, 136 _sq._
Confession, 135 _sq._, 138-140
Confirmation, 96 _sq._, 137 _sq._
Consecration, 103; of burial-ground, 128-130
Conviction, 54
Cope, 89
Coroner's order, 127 _sq._
Corporate status of incumbent, 141 _sq._
Council (borough, county, district, parish), 21; parochial church, 79
Courts, ecclesiastical, 5-7
Credence table, 88
Cremation, 133
Cross, 87; sign of, 90
Crucifix, 87
Curate, 48, 55-64; assistant, 10, 12, 14, 60-61; in charge, 12, 56-60; perpetual, 9 _sq._
Curates' Augmentation Fund, 168
Cure of souls, 38
Dangerous structure, 145
Deacon, 20 _sq._, 93, 115
Dean, 17 (n.); rural, 18, 154
Declaration of assent, 34 _sq._, 55
Deprivation, 48, 52-54
Dilapidations, 152-159
Diocese, _Dioececis_, 7
Dissenters, 91, 96 _sq._, 103 _sq._, 123, 126 _sq._
Divorce, 106 _sq._
Dues, 163 _sq._
Easter offerings, 63 _sq._
Ecclesiastical Dilapidations Act, 152-160
Elevation, 90
Emblements, 160
Established Church, 1-3
Exchange, 50, 52
Excommunicate, burial of, 123
Faculty, 71, 88, 122 _sq._, 133,145-148
Farming, 22 _sq._, 151
Fees, 36 _sq._, 55, 117, 124-6, 130-133, 164
Fire insurance, 69 _sq._, 157
First fruits, 165 _sq._
Flower vases, 88
Foreigner, marriage of, 197 _sq._; ordination of, 12 _sq._, 29
Genuflexions, 90
Gilbert Acts, 149 _sq._
Glass shades, 145
Glebe, 22 _sq._, 148 _sq._, 151 _sq._, 160
Godparents, 92
Gown, black, 90
Grave, private, 122 _sq._, 126, 146
Guardian of poor, 21; of minor, 104 _sq._
Homily, 97 _sq._
Hood, 89
House, parsonage, 148-159
House of Commons, 21; of Lords, 21
Hymns, 77, 90, and note
Illegitimate child, baptism of, 91; marriage of, 105, 111 (n.)
Images, 88
Immersion, 92
Incense, 90
Income Tax, 167 _sq._
Incumbent, 12; rights and duties of, 38-43, 63 _sq._, 141-168
Incumbents' Resignation Acts, 51 _sq._
Induction, 36 _sq._
Institution, 33-37
Ireland, banns in, 110; clergy of, 12 _sq._, 29
Judicial decisions, 5-7, 87 (n.); procedure, 18-20
Jury, exemption from, 21
Justice of the peace, 21
Keys of Church, 143
Laity, 65-79; baptism by, 93, 123
Lapse, 25 _sq._
Leases, of glebe, 151 _sq._; of buildings, 151, 158
Lecture, Lecturer, 12, 64, 98
Lecturers and Parish Clerks Act, 64, 74
Licence, admission by, 33-37; for marriage, 101 _sq._, 113-116; in mortmain, 142; to officiate, 55-64; for unconsecrated building, 41, 43, 102
Litany, 82, 84
Lunatic, resignation of, 51; marriage of, 105
Marriage, 100-120; validity of, 101, 118-120
Mines, 149
Minister in charge, 12, 56-60
Minor, marriage of, 104 _sq._
Money, collection of, 70 _sq._, 85 _sq._
Monument, 145 _sq._
Mortmain and Charitable Uses Acts, 142
Mortuaries, 164
Neglect of duties, 44-46, 59, 62
Non-parishioner, burial of, 121-123
Non-residence, 46-49, 58 _sq._, 151
Notices, 85
Offertory, 70 _sq._, 85 _sq._
Orders, indelibility of, 24
Organ, Organist, 76 _sq._, 143
Ornaments, 86-89; Rubric, 86, 87 (n.)
Parish, _parochia_, 7; new, 10 _sq._, 43, 102, 164
Parson, 8
Parsonage house, 148-159
Patronage, 8, 25-28
Peel district and parish, 11 (n.), 59 _sq._
Pension on resignation, 51 _sq._
Pew, private, 143; rents, 164 _sq._
Pictures, 88
Prayer, Morning and Evening, 82-85
Prayer Book, 34, 80-85; First of Edward VI., 87 (n.), 89, 93 _sq._, 137 (n.), 138 _sq._
Preaching, 63 _sq._, 97 _sq._.
Presentation, 25-33; next, 27
Private ministrations, 40 _sq._, 135-140
Prohibited degrees, 103, 108 _sq._
Property Tax, 167 _sq._
Public Worship Regulation Act, 19 _sq._, 53
Quarries, 149
Queen Victoria Clergy Fund, 168
Rates, 145
Reader, 77 _sq._
Rector, rectory, 8-10, 143-146
Register of marriages, 117 _sq._
Registrar, certificate of, 101, 112-115; licence of, 112 _sq._; service after marriage before, 116
Religious worship, liberty of, 41 _sq._
Removal of body, 133 _sq._, 147
Reservation, 91, 137
Residence, 46-49, 58 _sq._, 151; house of, _see_ Parsonage House; for marriage, 110, 113
Resignation, 25, 49-52
Roman Catholic patron, 28
Rural Dean, 18, 154
Sacristan, _see_ Sexton
Scarf, 89
School Sites Acts, 142
Schools, 78 _sq._
Scotland, banns in, 110; clergy of, 12 _sq._, 29
Sculptures, 88
Seats (_see also_ Pew), 70
Sequestration, 47 _sq._, 53, 56 _sq._, 71, 154-158
Sermon, 82, 84, 97 _sq._
Service, Divine, 80-99
Sexton, 74 _sq._, 130-132
Sick, visiting of, 78; Visitation of, 135 _sq._; Communion of, 136 _sq._
Sidesmen, 71 _sq._
Simony, 50, 52; declaration against, 34 _sq._
Stole, 89
Sturges Bourne's Act, 65-67
Suicide, 123
Surplice, 70, 89 _sq._
Surrogate, 113
Surveyor, diocesan, 152, 155 _sq._
Table, Holy, 87; second, 88
Tax, income, 167 _sq._
Tenths, 165 _sq._
Testimonials, 30 _sq._, 56
Tithes, 7-10, 148, 160-162
Tombstone, 145 _sq._; removal of, 147 _sq._
Trading, 22 _sq._
Trustees, Church, 72
Tunicle, 89
Unbaptized, burial of, 123
Unbeneficed clergy, 14-16, 55-64
Unconsecrated buildings, 41-43
Uniformity, Acts of, 53, 80-84, 87 (n.), 98
Vacancy, 48-54, 56 _sq._, 71, 153 _sq._, 159
Vault, 122 _sq._, 126, 144, 146
Vestments, 86, 89 _sq._
Vestry, 65-67, 89, 146; marriage in, 116
Vicar, Vicarage, 9, 11, 33
Visitation, 16, 17, 69; of sick, 135 _sq._
Wafers, 90
Waste, 148 _sq._
Welsh language, 44 _sq._
Widow, occupation of parsonage house by, 159
THE END
Printed by BALLANTYNE, HANSON & Co. London & Edinburgh
=Handbooks for the Clergy=
Edited by the Rev. ARTHUR W. ROBINSON, B.D.,
Vicar of Allhallows Barking by the Tower.
_Price 2s. 6d. net._
=THE PERSONAL LIFE OF THE CLERGY.= By the EDITOR.
=PATRISTIC STUDY.= By the Rev. H. B. SWETE, D.D., Regius Professor of Divinity in the University of Cambridge.
=THE MINISTRY OF CONVERSION.= By the Rev. A. J. MASON, D.D., Master of Pembroke College, Cambridge, and Canon of Canterbury.
=FOREIGN MISSIONS.= By the Right Rev. H. H. MONTGOMERY, D.D., formerly Bishop of Tasmania, Secretary of the Society for the Propagation of the Gospel in Foreign Parts.
=THE STUDY OF THE GOSPELS.= By the Very Rev. J. ARMITAGE ROBINSON, D.D., Dean of Westminster.
=A CHRISTIAN APOLOGETIC.= By the Very Rev. WILFORD L. ROBBINS, Dean of the General Theological Seminary, New York.
=PASTORAL VISITATION.= By the Rev. H. E. SAVAGE, M.A., Vicar of Halifax.
=AUTHORITY IN THE CHURCH.= By the Very Rev. T. B. STRONG, D.D., Dean of Christ Church, Oxford.
=THE STUDY OF ECCLESIASTICAL HISTORY.= By the Right Rev. W. E. COLLINS, D.D., Bishop of Gibraltar.
=RELIGION AND SCIENCE.= By the Rev. P. N. WAGGETT, M.A., of the Society of St. John the Evangelist, Cowley.
=LAY WORK AND THE OFFICE OF READER.= By the Right Rev. HUYSHE YEATMAN-BIGGS, D.D., Bishop of Worcester.
=CHURCH MUSIC.= By A. MADELEY RICHARDSON, Mus. Doc., Organist of St. Saviour's Collegiate Church, Southwark.
=INTEMPERANCE.= By the Right Rev. H. H. PEREIRA, D.D., Bishop of Croydon.
=ELEMENTARY SCHOOLS.= By the Rev. W. FOXLEY NORRIS, M.A., Rector of Barnsley and Hon. Canon of Wakefield.
=CHARITABLE RELIEF.= By the Rev. CLEMENT F. ROGERS, M.A.
=THE LEGAL POSITION OF THE CLERGY.= By P. V. SMITH, LL. D., Chancellor of the Diocese of Manchester.
LONGMANS, GREEN, AND CO.
LONDON, NEW YORK, AND BOMBAY.
Oxford Library Of Practical Theology
Edited by the Rev. W. C. E. NEWBOLT, M.A., Canon and Chancellor of St. Paul's; and the Rev. DARWELL STONE, M.A., Librarian of the Pusey House, Oxford.
_Price 5s. each._
=RELIGION.= By the Rev. W. C. E. NEWBOLT, M.A., Canon and Chancellor of St. Paul's.
=HOLY BAPTISM.= By the Rev. D. STONE, M.A., Librarian of the Pusey House, Oxford.
=CONFIRMATION.= By the Right Rev. A. C. A. HALL, D.D., Bishop of Vermont.
=THE HISTORY OF THE BOOK OF COMMON PRAYER.= By the Rev. LEIGHTON PULLAN, M.A., Fellow of St. John Baptist's College, Oxford.
=HOLY MATRIMONY.= By the Rev. W. J. KNOX LITTLE, M.A., Canon of Worcester.
=THE INCARNATION.= By the Rev. H. V. S. ECK, M.A., Rector of St. Matthew's, Bethnal Green.
=FOREIGN MISSIONS.= By the Right Rev. E. T. CHURTON, D.D., formerly Bishop of Nassau.
=PRAYER.= By the Rev. ARTHUR JOHN WORLLEDGE, M.A., Canon and Chancellor of Truro.
=SUNDAY.= By the Rev. W. B. TREVELYAN, M.A., Vicar of St. Matthew's, Westminster.
=THE CHRISTIAN TRADITION.= By the REV. LEIGHTON PULLAN, M.A., Fellow of St. John Baptist's College, Oxford.
=BOOKS OF DEVOTION.= By the Rev. CHARLES BODINGTON, Canon and Precentor of Lichfield.
=HOLY ORDERS.= By the Rev. A. R. WHITHAM, M.A., Principal of Culham College, Abingdon.
=THE CHURCH CATECHISM THE CHRISTIAN'S MANUAL.= By the Rev. W.C.E NEWBOLT, M.A., Canon and Chancellor of St. Paul's.
=THE HOLY COMMUNION.= By the Rev. D. STONE, M.A., Librarian of the Pusey House, Oxford.
=CHURCH WORK.= By the Rev. BERNARD REYNOLDS, M.A., Prebendary of St. Paul's.
=CHURCH AND STATE IN ENGLAND.= By the Rev. W. H. ABRAHAM, D.D., Vicar of St. Augustine's, Hull.
=RELIGIOUS CEREMONIAL.= By the Rev. WALTER HOWARD FRERE, M.A., of the Community of the Resurrection. [_In preparation._
=VISITATION OF THE SICK.= By the Rev. E. F. RUSSELL, M.A., of St. Alban's, Holborn. [_In preparation._
=OLD TESTAMENT CRITICISM.= By the Very Rev. HENRY WACE, D.D., Dean of Canterbury. [_In preparation._
=NEW TESTAMENT CRITICISM.= By the Rev. R. J. KNOWLING, D.D., Professor of New Testament Exegesis at King's College, London. [_In preparation._
=CHURCH HISTORY.= By the Rev. H. N. BATE, M.A., Vicar of St. Stephen's, Hampstead. 2 Vols. [_In preparation._
=THE BIBLE.= By the Rev. DARWELL STONE, M.A., Librarian of the Pusey House, Oxford. [_In preparation._
=THE HOLY TRINITY.= By the Right Rev. L. G. MYLNE, D.D., late Bishop of Bombay. [_In preparation._
=THE ANGLICAN CHURCH.= By the Rev. ARTHUR JOHN WORLLEDGE, M.A., Canon and Chancellor of Truro. [_In preparation._
=THE ATONEMENT.= By the Rev. LEIGHTON PULLAN, M.A., Fellow of St. John Baptist's College, Oxford. [_In preparation._
LONGMANS, GREEN, AND CO.
LONDON, NEW YORK, AND BOMBAY.
A Selection of Works
IN
THEOLOGICAL LITERATURE
PUBLISHED BY
MESSRS. LONGMANS, GREEN, & CO.
London: 39 PATERNOSTER ROW, E.C.
New York: 91 and 93 FIFTH AVENUE.
Bombay: 8 HORNBY ROAD.
=Abbey and Overton.=.--THE ENGLISH CHURCH IN THE EIGHTEENTH CENTURY. By CHARLES J. ABBEY, M.A., Rector of Checkendon, Reading, and JOHN H. OVERTON, D.D., late Canon of Lincoln. _Crown 8vo. 7s. 6d._
=Adams.=.--SACRED ALLEGORIES. The Shadow of the Cross--The Distant Hills--The Old Man's Home--The King's Messengers. By the Rev. WILLIAM ADAMS, M.A. With Illustrations, _16mo. 3s. net._
The four Allegories may be had separately, _16mo. 1s. each._
=Aids to the Inner Life.= Edited by the Venble. W. H. HUTCHINGS, M.A., Archdeacon of Cleveland, Canon of York, Rector of Kirby Misperton, and Rural Dean of Malton. _Five Vols. 32mo, cloth limp, 6d. each; or cloth extra, 1s. each._
OF THE IMITATION OF CHRIST. By THOMAS À KEMPIS.
THE CHRISTIAN YEAR.
THE DEVOUT LIFE. By St. FRANCIS DE SALES.
THE HIDDEN LIFE OF THE SOUL. By JEAN NICOLAS GROU.
THE SPIRITUAL COMBAT. By LAURENCE SCUPOLI.
=Baily-Brown.=--Works by A. B. BAILY-BROWN.
A HELP TO THE SPIRITUAL INTERPRETATION OF THE PENITENTIAL PSALMS, consisting of Brief Notes from The Fathers, gathered from Neale and Littledale's Commentary. With Preface by the Rev. GEORGE BODY, D.D., Canon of Durham. _Crown 8vo. 1s. net._
THE SONGS OF DEGREES; or, Gradual Psalms. Interleaved with Notes from Neale and Littledale's Commentary on the Psalms. _Crown 8vo. 1s. net._
=Bathe.=--Works by the Rev. ANTHONY BATHE, M.A.
A LENT WITH JESUS. A Plain Guide for Churchmen. Containing Readings for Lent and Easter Week, and on the Holy Eucharist. _32mo, 1s.; or in paper cover, 6d._
AN ADVENT WITH JESUS. _32mo, 1s., or in paper cover, 6d._
WHAT I SHOULD BELIEVE. A Simple Manual of Self-Instruction for Church People. _Small 8vo, limp, 1s.; cloth gilt, 2s._
=Benson.=--Works by the Rev. R. M. BENSON, M.A., Student of Christ Church, Oxford.
THE FOLLOWERS OF THE LAMB: a Series of Meditations, especially intended for Persons living under Religious Vows, and for Seasons of Retreat, etc. _Crown 8vo. 4s. 6d._
THE FINAL PASSOVER: A Series of Meditations upon the Passion of our Lord Jesus Christ. _Small 8vo._ Vol. I.--THE REJECTION. 5_s._ Vol. II.--THE UPPER CHAMBER.