v
THE LAW
OF
CHUBCH OBNAMENTS AND UTENSILS,
INCLUDING
COMMUNION TABLES, VESTURES, ORGANS,
CANDLES AND CROSSES.
BY
GEORGE HENRY HEWIT OLIPHANT,
TRINITY COLLEGE, CAMBRIDGE, B.A. j AND OF THE INNER TEMPLE, ESQ..
BARRISTER-AT-LAW.
AUTHOR OF THE "LAW OF PEWS," THE "LAW OF HORSES," &C. &C.
" If it be possible, as much as lieth in you, live peaceably with all men."
St. Paul to the Romant.
LONDON:
LONGMAN, BROWN, GREEN, AND LONGMANS.
1851.
LONDON :
I-RI.M1D BV STFWART AMI) UIIKKAY,
OLD AILtY.
PREFACE.
A PERSON unacquainted with our Ecclesiastical sys-
tem would naturally suppose that the Clergy, being
in several respects a distinct body in the State, with
peculiar duties and privileges, would be governed
by a distinct Code of Laws, in all matters relating
to their particular functions. This is the case with
the Military Profession, who have Laws framed
for the express purpose, under the title of Articles
of War. But it is not so in our Church, for there
the Law consists of a mass of the m,ost hetero-
geneous materials, and is, in many particulars, so
vague and indefinite, that not only Bishops and
Clergymen, but even the most practised and accom-
plished Lawyers are often unable to arrive at any
satisfactory result.
As many of the Laws by which the Clergy are to
be governed were framed by Popish Legates and
Archbishops long before the Reformation, and are
vague and uncertain in their operation, and difficult
to be understood in their effect, we cannot be sur-
prised if honest men of all parties are constantly
arriving at conflicting conclusions. It would, there-
2015217
IV PREFACE.
fore, save a world of profitless dispute, and be most
conducive to Christian Charity and the true interests
of Religion, were these materials codified, and a
distinct body of Ecclesiastical Law compiled ,
The Author now lays before the Clerical and
Legal Professions, and the Public generally, the result
of a fair and impartial investigation of the various
subjects on which he treats, and would earnestly
impress upon the minds of the Clergy the following
advice of the Bishop of Exeter in 1844 : " The
peculiar dangers of the times, as well as the pre-
vailing tone of public opinion, call upon you most
powerfully, as you would avoid being in the number
of ' them through whom offences come,' to forbear
all unnecessary innovation, especially as I have re-
cently had occasion to urge that worst kind of inno-
vation, the revival of obsolete usages not required
by law, which are associated in the minds of the
people with the superstitions and corruptions of
Rome."
G. H. H. O.
8, Serjeants Inn, Temple.
June 27, 1851.
THE LAW
CHURCH QBNAMENTS AND UTENSILS.
CHAPTER I.
OF THESE GENERALLY.
Ornaments find Utcnsilsare
of two sorts 2
Were very numerous in the
time of Popery id.
List of things enjoined by
an ancient Constitution . 3
Change at the Reformation id.
The Parochial Church of
Yarmouth
id.
4
id.
id.
Homily on the subject of
Ornaments
Statute of Quern Elizabeth
A Commission granted
Provision of our Rubric as
tournaments 5
No positive enactment on
the subject id.
But Vestures of the Clergy
are specified id.
Discussion as to what are
not Ornaments id.
Statutes of Henry VIII. . id.
Roi/al Injunctions of Ed-
ward VI. 6
Their effect id.
Ornaments forbid by them 6
What are expressly speci-
fied id.
Provision in case of doubt 7
Ordinary must decide id.
When the Bishop's Juilg-
ment should he sought . . id.
Ecclesiastical Court has
sola conimsance id.
Statute of Circumspecte
Agatis id.
Ornaments are added at a
person's peril 8
Mat/ be removed if im-
proper id.
Churchwardens order the
Ornaments id.
Cltrgyman has no right to
do so id.
But deference should be
paid to his wishes id.
Churchwardens to restore
necessary Ornaments . . 9
Parishioners to provide
things necessary and
convenient id.
LAW OF CHURCH ORNAMENTS AND UTENSILS.
Inhabitants of divided
Parish
9
Distinction as to non-resi-
dent Occupiers id.
Sir Simon Degge's opinion id.
A further distinction .... 10
Di'C.ixion of Chief Justice
Holt id.
The present practice .... id.
Ornaments and THE Ornaments and Utensils of a Church are of two
Utensils are of ,
two sorts. UI ls '
1st. Those articles which either the Law or the
nature of the things themselves make necessary ;
such as the Font, the Communion Table, with its
Carpet and Linen Covering, the Communion Plate,
Reading Desk, Pulpit, Bible, Common Prayer Book,
Register Books, Surplice, &c. &c. (a)
2ndly. Such things as we find provided by the
Parishioners, over and above what either the Law
or the absolute necessity of the things themselves
require ; such as a Pulpit Cloth, a Pulpit Cushion,
a Cloth for the Reading-Desk, Rails for the Com-
munion Table, an Organ, Silver Basins for the
Offertory, Branches for Lights, &c. (b) And also a
variety of things which may be added to the Steeple
or exterior of the Church, for the benefit and con-
venience of the Parishioners, as a Clock, a Dial,
Chimes, or a superfluous number of Bells, &c. (c)
The Inventory of Ornaments and Utensils, while
this land was under Popery, was very large in every
Parish ; the Vestments, Images, Vessels, and other
implements necessary for the carrying on of that
superstition being very many, and of great expense
to the people in their constant repair, as well as in
the first providing them, (d)
\Vere very
numerous in
the time of
Popery.
(a) Prid. 30.
(fc) Prid. 31.
(c) Prid. 30.
(d) Prid. 31.
OF THESE GENERALLY. O
As these articles are frequently mentioned in the List of things
books, a list of things enjoined by an ancient Consti- an'den't Con-*"
tutiori of Archbishop Winchelsea is here given. The stitution.
Constitution is as follows : " The Parishioners shall
find at their own charge, a Legend, an Antiphoner,
a Grail, a Psalter, a Troper, an Ordinal, a Missal,
a Manual, the Principal Vestment, with a Chesuble,
a Dalmatic, a Tunic, with a Choral Cope, and all
its appendages, a Frontal for the Great Altar, with
three Towels, three Surplices, one Rochet, a Cross
for Processions, a Cross for the Dead, a Censer, a
Lanthorn, a Hand-Bell to be carried before the
body of Christ, a decent Veil for Lent, Banners for
the Rogations, a Vessel for the blessed Water, an
Osculatory, a Candlestick for the Taper at Easter,
a Font with a Lock and Key, the Images in the
Church, the Chief Image in the Chancel, the Re-
paration of the Body of the Church within and
without, as well in the Images as in the Glass Win-
dows, the Reparation of Books and Vestments,
whenever they shall need." (e)
At the time of the Reformation, it became neces- Change at the
sary that an alteration should take place in the Reformation -
Ornaments, Utensils, and general Service of the
Church ; and accordingly a variety of changes were
about that time made.
And it is remarkable that the Parochial Church The Parochial
of Yarmouth had, in the times of Popery, so many Y ai U nTouth
Goods and Utensils belonging to it, that, at the
Reformation, such of these as were then thought
(e) Lyndw. 251. A large seen in Stavely's History of the
Catalogue of these Popish Orna- Church of England, cap. 12, and
ments and Utensils may also be also in 1 Cardw. Doc. Ann. 151.
B 2
LAW OF CHURCH ORNAMENTS AND UTENSILS.
Homily on the
subject of
Ornaments.
Statute of
Queen Eliza-
beth.
A Commission
grunted.
superfluous being sold towards the repair of their
Pier, the money raised appears, by the Town books,
to have amounted to 9771. 6s. $d., an immense sum
in those days, (g)
In the Homily, Against Peril of Idolatry, it is
said, " No more did the old godly Bishops and
Doctors of the Church, allow the over-sumptuous
furniture of Temples and Churches, with plates,
vessels of gold, silver, and precious Vestments. St.
Chrysostom saith, ' In the Ministry of the Holy
Sacraments, there is no need of golden vessels, but
of golden minds.' And St. Ambrose saith, ' Christ
sent his Apostles without gold, and gathered his
Church without gold.' " (h)
By 1 Eliz. cap. 2, s. 25, " such Ornaments of the
Church, and of the Ministers thereof, shall be re-
tained and be in use as were in this Church of Eng-
land by authority of Parliament in the second year of
King Edward VI., until other order shall be therein
taken by the authority of the Queen's Majesty, with
the advice of her Commissioners appointed and
authorized under the Great Seal of England for
causes Ecclesiastical, or of the Metropolitan of this
Realm."
In pursuance of this clause, the Queen, in the
third year of her Reign, granted a Commission to
the Archbishop of Canterbury, the Bishop of Lon-
don, and two Doctors, to reform the disorders of
Chancels, and to add to the Ornaments of them, by
ordering the Commandments to be placed at the
East end. (z)
(g) Prid 31 ; and see (h) 2 Offic. cap. 28.
Stayely's History of tie Church (i ) ] Burn's Eccl. Law, 367 e;
of England, cap. 12.
Gibs. Cod. 201.
OF THESE GENERALLY. 5
The Rubric of our Common Prayer Book pro- Provision of
vides, that "such Ornaments of the Church, and of JJo5ita.
the Ministers thereof, at all times of their ministra-
tion, shall be retained and be in use as were in this
Church of England, by authority of Parliament, in
the second year of the Reign of King Edward VI."
There is, however, no Statute of that year which N positive
. , ~ enactment on
contains any enactments respecting the Ornaments the subject.
of the Church ; and even in the first Prayer Book
of Edward VI., which was authorized by the
Statute 2 & 3 Edward VI. cap. 1, (k) nothing is
said about the Ornaments of the Church.
But the " Ornaments of the Ministers of the But Vestures
Church at all times of their Ministrations," are in
that Prayer Book particularly specified, and are
consequently the Vestures which in strictness ought
to be worn by our Clergy in the present day, (/) and
this, although different directions be given by our
Canons, which, being both of earlier date than our
last Prayer Book, and having never been confirmed
by Parliament, are not of equal authority.
But although we may not, directly, be able to pro- Discussion as
duce authorities, as to what Ornaments "were in
this Church of England by authority of Parliament,
in the second year of the reign of King Edward
VI.," we may corne to a satisfactory conclusion as
to what were then not Ornaments.
By 31 Henry VIII. cap. 8, Proclamations made statutes of
by the King's Highness, with the advice of his
Honourable Council, were to be obeyed and kept
(ft) The use of this Prayer coming," that is, the third year
Book was not enjoined " till the of the same Reign.
first of Pentecost then next ( / ) As to Vestures, see p. 47.
LAW OF CHURCH ORNAMENTS AND UTENSILS.
Royal Injunc-
tions of Ed-
ward VI.
Their effect.
Ornaments
forbid by
them.
What are
expressly
specified.
as though they were made by the authority of Par-
liament ; and the 34 & 35 Henry VIII. cap. 23 T
was passed for the due execution of such Procla-
mations.
While these Statutes were in force, namely, in
1547, the Royal Injunctions of Edward VI. were
issued, forbidding a variety of superstitious Orna-
ments, Utensils, Rites, and Ceremonies.
These Statutes were sooii afterwards repealed ;
but it cannot for a moment be argued, that those
superstitious Ornaments, which in the first year of
the reign of Edward VI., were by Royal Injunctions
having the authority of Parliament, ordered to be
removed and abolished, should, as soon as these
Injunctions ceased to have the authority of Parlia-
ment, become " Ornaments in this Church of Eng-
land, by authority of Parliament, in the second year
of the reign of King Edward VI. "( Z) The most that
could be said for them would be, that if, after being
taken down, they were again put up, there would be
a violation of the Royal Injunctions, but no penalty,
for so doing, could be inflicted by authority of Par-
liament.
It may therefore be laid down, that all the
Ornaments forbid by the Royal Injunctions, are
not those which " were in this Church of England
by authority of Parliament, in the second year of
the reign of King Edward VI."
The following are expressly specified, it being
ordered, "That they shall take away, utterly ex-
tinct and destroy, all shrines, coverings of shrines,
(0 31 Hen. VIII. cap. 8, and 34
& 35 Hen. VIII. cap. 23, were
both repealed by 1 Edw. VI. cap.
12, 8. 5.
OF THESE GENERALLY. 7
all tables, candlesticks, trindles or rolls of wax, pic-
tures, paintings, and all other monuments of feigned
miracles, pilgrimages, idolatry, and superstition, so
that there remain no memory of the same in walls,
glass windows, or elsewhere within their Churches
or houses." (m)
Where doubts arise as to the observance of the Provision in
Rubric, &c., the Preface to our Book of Common
Prayer " Concerning the Service of the Church,"
tells us, that " for the resolution of all doubts, con-
cerning the manner how to understand, do, and
execute the things contained in this Book," the
parties doubting or differing are to have recourse
to their Bishop, who, if he be in doubt himself, is
" to send to the Archbishop for the resolution
thereof/'
Therefore, where the law has given no express or Ordinary must
specific directions, the right of deciding what Orna-
ments are to be used rests with the Ordinary.
So that, with respect to those Ornaments of the Where the
Church where the Rubric and Canons are either ment j^ould s ~
silent or not clear, and about which there is a diffe- be sought.
rence of opinion, the judgment of the Bishop should
be sought, (n)
The law allows the Ecclesiastical Court to have Ecclesiastical
connusance Avith regard to the Ornaments of the connusance.
Church, and it prevents the interference of the Tem-
poral Courts, (o)
By the Statute of Circumspecte Aqatis, 13 Edw. I. Statute of
o i ~*n- nn IT-' Circumspecte
otat. 4, cap. J, passed in ]22o, " Lhe King to his Agatis.
Judges sendeth greeting. Use yourselves circuni-
(m) 1 Cardw. Doc. Ann. 17. Charge, Oct. 1842.
(n) See Bishop of London's (o) 2 Inst. 489.
8 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Ornaments are
added at a per-
son's peril.
May be re-
moved if im-
proper.
Churchwar-
dens order the
Ornaments.
Clergyman has
no right to do
so.
But deference
should be paid
to his wishes.
spectly in all matters concerning the Prelacy, where
they do punish for that the Church is not conve-
niently decked, in which case the Spiritual Judge
shall have power to take knowledge, notwithstand-
ing the King's Prohibition."
Therefore if any person venture to add anything
which he may deem an Ornament, he does it at his
peril, and must be prepared to show that what he
adds, " was in use in this Church of England in the
second year of the reign of King Edward VI.," or
else he renders himself liable to ecclesiastical cen-
sures, (p)
For if Ornaments not authorized by law, be placed
in a Church without the consent of the Ordinary, he
may require them to be removed.
The ordering of the Ornaments and Furniture of
the Church belongs to the Churchwardens; and,
where there are none, to those to whom it may have
been by proper authority confided. (/;)
But the Clergyman has no right inherent in
himself, to order the Ornaments or Furniture of the
Church, (p)
And the Bishop of Exeter said on this subject, (p)
in a recent case which was tried before him, " To
the Minister's opinion, indeed, and to his wishes,
in all lawful things, great deference ought to be, and
doubtless always will be shewn. But if he assume
a right which does not belong to him ; if he permit
himself to step beyond the line of his own duty, and
to intrude on the province of others; it becomes him
(jo) See Judgment of Bishop
of Exeter in re Parks Smith
(Clerk), May 28, 1847.
OF THESE GENERALLY.
to be cautious, to the utmost, against venturing on
any act, which, in itself, is even questionable." (s)
If any of the particulars of the Fabric or Utensils, Churchwar-
which either the law, or the nature of the things * e e * a tore
themselves, make necessary to every Church, have Ornaments,
been omitted or let down for any time, the Church-
wardens are empowered to restore them, how many
years soever may have passed since they were last
in use, without any consent of the Parishioners, or
license of the Ordinary ; for the duty of their office
obliges them to do this, (t)
And the Parishioners are bound to provide things Parishioners to
convenient and necessary for the performance of necessary an^f
Divine Service. (M) convenient.
The Inhabitants of every part of the Parish, how- inhabitants of
ever divided, being bound to contribute to the main- pjj,^/
tenance of the Parish Church, and all legal expenses
incident thereto, unless exempted, as in the case of a
District Church, by Act of Parliament, (x)
As to matters of Ornament, a distinction has Distinction as
been taken between Inhabitants of the Parish, and
Occupiers of Land not resident in the Parish, and it
has been said that the non-resident Occupiers are not
rateable for such things, (y)
But Sir Simon Degge is of opinion that this is not Sir Simon
law, for " otherwise," says he, " there would be great
confusion in making several levies, one for the repair
() See per Bishop of Exeter Eliz. 659 ; Jeffrey's case, 5 Rep.
in re Parks Smith (Clerk), May 67 a.
28, 1847. (x) Chesterton . Farlar, -
(0 Prid. 51. 1 Curt. 347.
(u) Paget v. Crompton, Cro. (y) Woodward's case, 3 Mod.
211.
10 LAW OF CHURCH ORNAMENTS AND UTENSILS.
A further
distinction.
Decision of
Chief Justice
Holt.
The present
pi actice.
of the Body of the Church, and another for the
Ornaments, which I have never observed to be prac-
tised within my knowledge." (z)
A further distinction has also been taken, namely,
that although a person holding Lands in a Parish
wherein he does not reside, is as much chargeable to
the ancient Ornaments of the Church, such as Bells,
Seats, &c., as those who live in the Parish, yet that
such Landholders cannot be charged to new Bells,
Organs, &c. (a)
But in a later case it was held, that although a
person does not reside in the Parish, yet by having
Lands in hand there, he is an Inhabitant and
taxable. Therefore, where a Person under such
circumstances refused to pay a Rate for re-casting
the Bells, on the ground of their being Ornaments ;
Chief Justice Holt held him liable, and said, " If he
be an Inhabitant as to the Church, which is con-
fessed, how can he not be an Inhabitant as to the
Ornaments of the Church ?"(/)
And it seems that at the present time the practice
of making one Church-rate do for all purposes, is
universal and well established, and as a matter of
convenience countenanced both by the Ecclesiastical
and Temporal Courts, (c)
(z) Degge's P. C. Part i.
chap. xii.
(a) Willmot's case, 6 Jac.
B. R. ; Chester's cise, 10 Jac.,
both cited Degges, P. C. part i.
chap. xii.
(b) Woodward v. Makepeace,
1 Salk. 1G4; see also Crews v.
Draper, 1 Bulstr. 20.
(c) See Shaw's Parish Law,
92 ; Prid. 76, 78 ; Chesterton .
Fai-lar, 1 Curt. 347.
OF THOSE WHICH ARE NECESSARY.
11
CHAPTER II.
OF THOSE WHICH ARE NECESSARY.
THE FONT 14
Formerly very large id.
Why made of atone id.
Where placed id.
One required in each Church id.
The Water 15
Hoio sanctified id.
How to be disposed of after
Baptism . . . id.
THE ANCIENT ALTAR. ... 16
How used id.
Made of stone or wood .... id.
Decree of the Church .... id.
Altars were sometimes port-
able id.
Assumed the form of Tombs id.
Their state at the Reforma-
tion 17
Bishop Hooper's opinion . . id.
Altars directed to be re-
moved id.
By an Order in Council . . id.
Inquiry in Visitation Ar-
ticles 18
TABLE SUBSTITUTED .... id.
Provision* on the subject . . id.
Recital in Canon of 1 603 . . 19
State of things in 1637 id.
A Stone Communion Table id.
Why prohibited id.
CREDENCE TABLE 20
Definition of the Word id.
A sort of side Table id.
Their introduction into our
Churches id.
Reasons assigned for their
use 21
Their position, in the Greek
and Latin Churches. ... id.
Form no part of our
Churches id.
COMMUNION TABLE
SHOULD BE PLACED IN
CHANCEL 22
As the Great Altar was
for merit/ id.
The place being thought
fall of angels id.
Demolition of the Chancel, id.
Disputes about placing Com-
munion Table id.
Where it is to be placed at
Communion time 23
The place is in the discre-
tion of the Ordinary. . . . id.
Cover for Communion
Table id.
Cover for consecrated ele-
ments 24
When first instituted id.
Its different names ...... id.
12 LAW OF CHURCH ORNAMENTS AND UTENSILS.
THE COMMUNION PLATE
24
25
id.
id
26
id.
id.
27
id.
id.
28
id.
ill.
id.
id.
29
id.
id.
id.
id.
id.
30
id.
id.
31
id.
id.
id.
id.
32
id.
id.
id.
32
id.
33
id.
id.
id.
34
id-
id.
35
id.
id.
36
id.
id.
id.
37
id.
id.
38
id.
id.
id.
id.
39
id.
id.
id.
id.
40
id.
id.
id.
id.
41
id.
What is a convenient r-
Homily on the subject ....
Reftd'mg Pew with two
Desks
Display of it
THE BREAD AND WINE..
Bread such as is usually
The Falld Stool
Remains of the Bread and
Wine
The Royal Injunctions . . .
Opinion of the Muster of
tlie Temple
Used for what purpose. . . .
Inapplicable to our Com-
Place for reading the Litany
The Clerk's Desk
THE PULPIT
The Pace in
Ordered for preaching
A Iso used for other purposes
Inquiry in Visitation Ar-
ticles
The Osi'tilafory
THE OFFERTORY
Alms to be collected in a
Directions of Canon 83 . .
A Cloth and Cushion ....
Parson has exclusive right
to Pulpit
Who shall collect them ....
How the money is to be dis-
When collected in Chapels
The Strong Client
THE BELLS AND ROPES..
The Passing BM
Poor Money to be kept in it
Clergymen to exhort people
The Death BM
Certain ringing forbid by
the Royal Injunctions . .
Directions in Visitation Ar-
ticles
How to he distributed ....
The Viirl'il'm
Chairs at the Communion
Table
Control of the Bells
THE READING DESK
Directions in the Si-cond
Prayer Book
Ringing for Recreation. . . .
Bier for the dead
Great contentions in conse-
Alteration on the accession
of Qut en Elizabeth ....
Reading Desks allowed . . .
To be provided by Parish .
The Mijtsal
The Grail
The Troper
Inquiry in Visitation Ar-
ticle* ..
The Ordinal . .
OF THOSE WHICH ARE NECESSARY.
13
DIRECTIONS TO PROVIDE
THE BIBLE 41
Of the. Inrgest Volume .... id-
What is Meant id.
THE VARIOUS PRAYER
BOOKS 42
The pn-sent Prayer Book
to be prodded id.
Translation to be placed in
Welsh Churches 43
Copies of it to be kept .... id.
THE HOMILIES id.
In two Book* id.
Are to I e provided id.
The Ten Commandments. . 44
Chosen Sentences id.
Table of Degrees id.
BOOK FOR BURIALS AND
CHRISTENINGS id.
Tie Parish Register id.
Register of Baptisms, Mar-
riage.*, and Burials .... 45
A separate Book for each. . id.
Where to he kept id.
When they mny be removed 46
Register Book of Banns .. id.
Copy of Marriage Act .. . . id.
Services id.
Book to enter Names of
Preachers 47
VESTURES FORMERLY
PLAIN id.
Change marie when Po/iery
bet/an to prevail id.
Vestures to be used in our
Clnirch id.
THE SURPLICE id.
Is to be white 48
And 7ii ade of Linen id.
Its shape id.
When to be used 49
Canon on the subject id.
T lie Hood id.
By whom worn 49
What to be worn in the
Unictrsitief 50
Directions of the Rubric . . id.
What to be worn in Ca- ,
theilrals n-hen there is no
Communion id.
Vestures firr administering
the Holy Communion . . 51
Canon nn the subject id.
The Albc id.
TheCo t ie 52
The Principal Vestment . . id.
The Choral Cope id.
The Tunule id.
The Rochelte 53
The Bishop's Dress id.
What at Communion time id.
The Pastoral Staff id.
Disputes about Vestures . . id.
S try />e's account 54
Advertisements issued .... id.
Visitation Articles id.
Canons of \ 003 55
Zrt/co/lG62 id.
Ancient practice id.
DISPUTES ABOUT THE
HABIT FOR PREACHING id.
Practice of preaching in a
Surplice id.
Rubric on the subject .... id.
Gown first worn by licensed
Preachers 56
Surplice nercr~ the jnoper
habit of a Prearhi r . . . . id.
Directions of Cation 58 . . id.
Sermon unconnected with
ministering the Sacra-
ments 57
Practice in our Universi-
ties id.
Advertisement* in rtign of
Queen Elizabeth id.
14 LAW OF CHURCH ORNAMENTS AND UTENSILS.
A distinction made 58
Duty of the Ordinary .... id.
Duty of the Parishioners. . id.
Difference of opinion among
the Bishop* id.
Opinion of Bishop of
Exeter 59
Opinion of Bishop of Wor-
cester 59
Opinion of Bixhop of
London id.
The Cnssock GO
Ministers apparel gene-
rally id.
Formerly very
large.
Why made of
stone.
THE FONT. THE Font is said to derive its name from the fact,
that at the beginning of Christianity Baptism was
performed in springs or fountains, (a)
In primitive times Fonts were very large and
capacious, both on account of the custom of immer-
sion, and clso of the great numbers of people bap-
tized at the same time. There was also a partition
in the middle, so that one part was used for men and
the other for women, (a)
The Font was always made of stone, the reason
for which given by Durandus is, because the water
that typified Baptism in the wilderness flowed from
a Rock, and because Christ, who gave forth the
living water, is in Scripture called the Corner Stone
and the Rock, (i)
Where placed. Fonts were at first built near the Church, (c) then
in the Church porch, and afterwards placed in the
Church itself; but still keeping the lower end, to
intimate, it is said, that Baptism is the entrance into
the mystical Church, (a)
Canon 81 is as follows : " According to a former
Constitution, too much neglected in many places, we
One required in
each Church.
() Wheatly on the Common
Prayer, 290.
( ft ) Wheatly on the Common
Prayer, 290 ; Rational Div.
Offic. Lib. 6, c. 82, num. 25,
fol. 364 ; Exod. xvii. 6.
(c) The ancient Font of Se-
raptoft. Cliurch was, until lately,
in thi- Churchyard, a more mo-
dern one be ng used for Baptism
in the CLurch. 1 Eccli Biologist,
179.
OF THOSE WHICH ARK NECESSARY. 15
appoint that there shall be a Stone Font (d) in every
Church and Chapel where Baptism is to be admi-
nistered ; the same to be set in the ancient usual
places, in which only Font the minister shall bap
tize publicly." (e)
In "the ministration of Public Baptism of Infants The Water.
to be used in the Church," the Rubric directs that
the godfathers and godmothers, and the people with
the children, must, be ready at the Font either im-
mediately al'ter the last lesson at Morning Prayer,
or else immediately after the last lesson at Evening
Prayer, as the Curate by his discretion shall ap-
point. And the Priest coming to the Font (which
is then to be filled with pure water), and standing
there, is to perform the Service.
In our Baptismal Service the "Priest" prays to HOW sanctified.
God to " sanctify this water to the mystical washing
away of sin." This, however, does not mean that the
water in the Font is to contract any new quality in
its nature and essence, and so become holy, but only
that prayer is made to sanctify it in its use. (f)
In the Greek Church particular care is taken How to be dis-
that the water which has been used for Baptism, Baptism. 8
should never be thrown into the street like common
water, but it is passed into a hollow place below the
Altar (called QaKacraibiov or Xwvfeiov), where it soaks
into the earth, or finds a passage. But in our Church
no provision is made as to how the water used in
the Font, is to be disposed of after Baptism, (g)
(d~) Artificial stone would (f) Sec Wheatly on the Corn-
seem to be an impropi r material. mou Prayer, 2.
See 1 Eccle>iolouist, 127. (g) See Wheatly on the Com-
(e) See Gibs. Cod. 360. mon Prayer, 316.
16 LAW OF CHURCH ORNAMENTS AND UTENSILS.
THE ANCIENT
ALTAR.
How used.
Made of stone
or wood.
Decree of the
Church.
Altars were
sometimes
portable.
Assumed the
form of
Tombs.
" The Altar," as Wheatly tells us, " was the
name by which the holy board was constantly dis-
tinguished for the first 300 years after Christ. And
afterwards the name of Altar and Table came to be
promiscuously used." (A)
And Jeremy Taylor says, that " Altars were the
places where the Christians always performed their
most solemn devotions, and in cases of affliction went
thither to impetrate God's favour." (i)
In the earliest ages of Christianity, the Altars
were indifferently either of Stone or Wood, they
were of various forms, sometimes supported by one
or two pillars, and sometimes by four, (k)
By a Decree of the Church, however, it was
declared that they could only be made of the mate-
rial of Stone, and that they were to be fixed and
hnmoveable. (k)
Altars, however, might be portable, and there-
fore moveable, but only when the Bishop was on a
journey from home, at a distance from the Church,
and therefore in a state which made him incapable
of otherwise duly performing the Rites and Cere-
monies of Religion, and it was only under such
circumstances, that this description of Altar was
permitted by order of the Church, as an exception
to the general rule, (k)
It appears that either from the custom, during
the early persecutions of the Church, of using the
(h) Wlieatly on the Common
Prayer, 226.
(i) Jeremy Taylor's Works,
vol. v. p. 329.
(k) See Fau'kner v. Litch-
fiel.l, 3 Eccl. & Mar. cases, 549,
and the various authorities in that
case cited.
OF THOSE WHICH ARE NECESSARY. 17
Tombs of the Martyrs as Altars, or from the prac-
tice of placing relics there, the Altar came to assume
the form of a Tomb, or of a Sepulchre of the
Martyrs. ( m)
At the time of the Reformation, the Altars in our Their state at
Churches were made of Stone; that they were fixed ^
and. immoveable there can be little doubt, and they
were generally of the form of the Tombs of the
Martyrs, (m)
At the beginning of the Reformation, Bishop Bishop Hoop-
Hooper preached a sermon, in the fourth year of the er ' s P imon -
reign of Edward VI., in which he said, "that it would
do well, that it might please the magistrate, to turn
Altars into Talks, according to the first institution
of Christ; to take away the false persuasion of the
people, which they have of sacrifice to be done
upon the Altars; for as long as Altars remain, both
the ignorant people, and the ignorant and evil per-
suaded Priest, will always dream of Sacrifice" (n)
In this same year, however, Altars were directed Altars directed
to be removed from our Churches, in order to t(
banish as far as possible all superstitious notions
attached to the performance of the Rites of the
Church, including the doctrine of Trunsubstan-
tiation. (m)
Thus, it appears from Cardwell's Documentary By an Order in
Annals, (o) that an Order in Council was issued to C
Bishop Ridley to take down all Altars, and to place
Tables in their stead, and in November 1550, as
appears from Burnet's History of the Reform-
(m) See Faulkner v. Litch- (n) See Heylin's Antidot.
field, 3 Eccl. & Mar. cases, 550. Lincoln, p. 105.
(o) Cardw. Doc. Ann. 89.
C
18 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Inquiry in
Visitation Ar-
ticles.
TABLE SUB.
ST1TUTED.
Provisions on
the subject.
ation, (p) letters were sent to every Bishop " to
pluck down the Altars," and the High Sheriff of
Essex had been sent down to see Bishop Ridley's
Injunctions performed, (q)
In the Metropolitan Visitation Articles of
Edmund, Archbishop of Canterbury in 1<">76; it is
inquired, " whether in your Churches and Chapels
all Altars be utterly taken down and clean removed,
even unto the foundation, and the place where they
stood paved, and the wall whereunto they joined,
whited over and made uniform with the rest, so as
no break or rupture appear." (q~)
In 1552, the second Prayer Book of King
Edward VI. was published, and the term Altar
having been omitted, the word Table was used in
its place. By the Royal Injunctions of Edward
VI., " all Tables" had been ordered to be taken away
out of the Churches, (r) and therefore the only
Table which, as a matter of right, can be placed in
a Church is the Communion Table, which is ex-
pressly mentioned in the Rubric of Io52.
In the year 1564, appeared what are called
" Advertisements," and one of them (.) is to this
effect: "That the Parish provide a decent Table,
standing on a frame, for the Communion Table ;"(0
and in 1571 the Churchwardens were required, by a
Canon, (u) that a Table made of wood, " mensa
(p) 2 Burnet's Hist. Reform.
p. 2, 30, quoting King Edward's
Journal.
(q) I Cardw. Doc. Ann. 398.
(r) Ibid. 17.
(*) 1 Cardw. Doc. Ann. 292.
(t) Faulkner v. Litchtield,
3 Eccl. & MHP. cases, 559.
(u) I CarUw. Synod. 123.
OP THOSE WHICH ARE NECESSARY. 19
ex asseribus composite juncta," should be provided for
the service of the Holy Communion, (a:)
These provisions would appear to have been car- Kecital in
ried out, for in the 82nd Canon, headed, "A decent CanOB f 16 8 '
Communion Table in every Church," is the follow-
ing recital, " Whereas, we have no doubt but that in
all Churches within the Realm of England, con-
venient and decent Tables are provided and placed
for the celebration of the Holy Communion."
In 1637, things stood in precisely the same state state of things
as they did in the times of Edward VI. and Queen m 1637 '
Elizabeth; that is, there was a complete annihilation
of the ancient structures, they were no longer im-
moveable, they were no longer of stone ; they were of
wood, and moveable. (y}
A Stone Communion Table which is not moveable A Stone Com-
is not a Communion Table within the intent and munion Table -
meaning of the present Rubric ; and, looking at the
Canons of Ib03 and of 1571, and the Injunctions of
Edward VI. and Queen Elizabeth, there is no doubt
as to the meaning of the word ; that the article was
meant to be a Table in the popular sense of the
word, (z)
The ground on which Stone Fonts are used, and why pro-
Stone Communion Tables proscribed, is obvious. hibited -
Altars were made of stone, and superstitious notions
were connected with the substance of which they
were composed, whereas such superstitious notions
did not attach to the Font. To the former, supersti-
tion attached with relation to the material, and to
(ar) Faulkner v. Litchfield, (y) Ibid. 574.
3 Eccl. & Mar. cases, 563. (z) Ibid. 581.
C 2
20 LAW OF CHURCH ORNAMENTS AND UTENSILS.
CREDENCE
TABLE.
Definition of
the word.
A sort of Side
Table.
Their intro-
duction into
our Churches.
the latter, no superstition attached on that ac-
count, (a)
The derivation of the word " Credence Table" is
Italian, and it is said to mean, as Archbishop Laud
calls it, a " Sideboard." (6)
In Adelung's German Dictionary we have the
following definition of the word : " Credenzen, verb,
reg. act. from the Italian ^ credenzarc] to taste before-
hand the meats and drink before they are offered to
be enjoyed by another; an ancient Court practice,
which was performed by the cupbearers and carvers,
who for this reason were also called ' Credenzer.'
Hence, also, the Credenz- teller, Credence-plate, on
which the cupbearers credenced the wine ; and, in
general, a plate on which a person offers anything
to another. The Credenz-tische, Credence- table, or
sideboard, an artificial cupboard with a table, for
the purpose of arranging in order and keeping the
drinking apparatus thereon." (//)
This may, perhaps, afford the best authority for
the application of" the term " Credence Table" to
the side-table on which the elements were placed
before consecration. But there is no mention of it
amongst any of the articles which are to be provided
by Churchwardens for the celebration of the Sacra-
ment, (c)
There is no sufficient authority upon which to
judge when Credence Tables were first introduced
into Churches in England. It is clear, however, that
they were in use at the time of Archbishop Laud,
(a) Faulkner v. Litchfield,
3 Eccl. & Mar. cases, 583.
(6) Ibid. 584.
(c) Ibid. 585.
OF THOSE WHICH ARE NECESSARY. 21
and before Ins time, because he refers to this as one
of the articles of accusation against him, and justifies
himself by representing that this Table had been
used by his predecessors, and, amongst others, by
Bishop Andrews, (d)
The reasons assigned by Archbishop Laud for his Reasons as-
use of it were first, that the Communion Table 3,S^e'
itself was small, so that there was hardly room
enough for the Elements to stand conveniently upon
it ; and io the next place, that he found it in use at
the time he came there, and no exception had been
taken. The Court considered that this was strong
proof of his desire to introduce Popish rites and
ceremonies, though he only persevered in the use of
things used by some of his predecessors, (d)
In the Greek and Latin Churches, the Credence Their position
Table stood at the upper end of the Chancel, above ^L^uT*
the steps. The Altar, which is the greater, stood in Churches.
the middle, between north and south ; and the
lesser, which is called the Prothesis (that is, a Table
either of Proposition or Preparation), stood on the
left side of it, and upon it stood the bread ap-
pointed to be consecrated, until it was offered on
the Altar, (e)
The Credence Table, though it may be in use in Formnopartof
the Greek and Latin Churches, forms no part of ourChurche6 -
the fittings up or Ornaments of our Churches, and
is not to be considered a Communion Table, or part
of a Communion Table, in the proper meaning of
the term, (f)
(d) Faulkner v. Li tch field, cap. 8, p. 113.
3 Eccl. & Mar. ca*e*, 584. (/) Faulkner v. Litchfield,
(f) Antidot. Lincoln, sec. 2, 3 Eccl. & Mar. cases, 587.
22 LAW OF CHURCH ORNAMENTS AND UTENSILS.
COMMUNION
TABLE
SHOULD BE
PLACED IN
CHANCEL.
As the Great
Altar was for-
merly.
The place
being thought
full of Angels.
Demolition of
the Chancel.
Disputes about
placing Com-
munion Table.
The Communion Table should be placed in the
Chancel ; because the most convenient and decent
place, for the more reverend and orderly receiving
the Holy Communion, is in the Chancel of the
Church, (g}
And the Great Altar, which formerly was erected
to the Saint to whom the Church was dedicated, was
always placed there, as in a more solemn part of the
Church, (h) And no persons, under any circum-
stances, were allowed to approach it, but such as
were in Holy Orders, unless it were the Greek
Emperors at Constantinople, who were allowed to
go up to it to make their offerings, but were imme-
diately to return back again, (i)
And Jeremy Taylor says, " that the Catholike
Fathers alwayes thought the Holy Sept, or the
Altar place, to be full of angels." (k)
Arid where a Church has been partially de-
molished, for the purpose of being rebuilt, Dr.
Lushington says, "If the Altar has been taken
down, there must be a re-consecration." (I) The
learned Judge probably meant, that if so much of
the Chancel be taken down as to make the removal
of the Communion Table necessary, the Church
must be reconsecrated.
After the Review of the Liturgy in the Reign of
Queen Elizabeth, a dispute arose as to whether the
Table placed in the room of the Altar ought to
(gr) The Vicar-General's Re-
port on Canon, A. i>. 1663; 2
Cardw. Doc. Ann. 174.
(h) Lyndw. 252.
(t) Wheatly on the Common
Prayer, 74 ; Cone 1. Trull, can.
69, torn. vi. col. 1174B.
(k) Jeremy Taylor's Works,
vol. v. p. 331.
(0 Turner v. Rector of Han-
well, 1 Eccl. & Mar. cases, 368.
OF THOSE WHICH ARE NECESSARY. 23
stand Altar-wise, that is, in the same place and
situation in which the Altar formerly stood. The
practice as to this varied, and we find that in some
Churches the Tables were placed in the middle of
the Chancels ; in others, at the east end, next to
the wall ; sometimes endwise, and sometimes at
length, (m)
By the Rubric, " The Table at the Communion Where it is to
time, having a fair linen cloth upon it, shall stand in Communion
the Body of the Church, or in the Chancel, where time -
Morning and Evening Prayer are appointed to be
said." And by Canon 82, it is at such time to be
" placed in so good sort within the Church or
Chancel, as thereby the Minister may be more
conveniently heard of the Communicants, in his
prayer and ministration ; and the Communicants
also more conveniently, and in more number, may
communicate with the said Minister." ()
The placing of the Communion Table, however, is The place is in
at all times left to the judgment of the Ordinary, to
whom it properly belongs to give direction on that
point ; (0) and, being moveable, it is to be either in
the Chancel or Body of the Church, as convenience
requires, according to his discretion. (/?)
By Canon 82, the Communion Table "shall from Cover for
time to time be kept and repaired in sufficient
and seemly manner, and covered in time of Divine
Service with a Carpet of Silk or other decent stuff,
thought meet by the Ordinary of the place, if any
(TO) See Wheatly on the Com- (o) Order of Council, 1633 ;
mon Prayer, 227. 2 Cardw. Doc. Ann. 185.
, (n) Canon 82. (p) See Faulkner r. Litehfield,
3 Eccl. & Mar. cases, 578.
24 LAW OF CHURCH ORNAMENTS AND UTKNSIL9.
question be made of it, and with a fair linen cloth
at the time of the Ministration, as becometh that
Table." All this is to be done at the charge of the
Parish, and it is to be covered with such Carpet except
when the Holy Communion is to be administered, (q)
Besides the Fair White Linen Cloth cover for the
Table at the Communion time A Fair Linen Cloth
must be provided to cover " what remaineth of the
Consecrated Elements when all have communi-
cated." (r)
Wheatly says, " The institution of it is ascribed
to Eusebius, Bishop of Rome, who lived about the
year 300. And that it was of common use in
the Church in the fifth century is evident, from the
testimony of Isodore Paleusiota, who also observes
that the design of using it was to represent the
body of our Saviour being wrapped in fine linen by
Joseph of Arimathea." (s)
lu the works of the ancient writers, and in the
Scotch Liturgy (where this Rubric first appeared),
it is called the Corporal, from its being spread over
,the Body or Consecrated Bread, (t) and sometimes
also the Pall, (u) for the same reason, (x)
In every Church, certain articles of Communion
Plate are required. Thus the Parishioners must
find at their own charge, the Paten for the bread,
the Chalice, or Cup, for the wine, and a Flagon with
a Lid, which may be a clean and sweet standing
(q) Canon 82.
(r) See Rubric.
() Wheatly on the Common
Prayer, 266 ; and see Gratian
de Const. Dist. 2 ; and Isid.
Pelleus, Ep. 123.
(t) Alcuin de Offic Divin.
(u) Rail. Tungr. rte Can. Obs.
(x) Wheatly on the Common
Prayer, 266.
OF THOSE WHICH ARE NECESSARY. 25
Pot, or Stoop of Pewter, if not of purer metal,
in which to bring the wine to the Communion
Table, and more than one of these, if neces-
sary, (y)
Mr. Barr, in his Book on Anglican Church Of what ma-
tcriiil
Architecture, says, " The Sacramental Plate, con-
sisting of a Flagon and Chalice for the wine, and
a Paten for the bread, ought to be of silver or gold,
and never of any inferior metal." (z) The material,
however, must depend upon the circumstances of the
Parishioners. For we have seen, by Canon 82,
that there may be a clean and sweet standing Pot,
or Stoop of Pewter.
Thus the Homily against the Peril of Idolatry Homily on the
says, " St Jerome commendeth Exuperius, Bishop of
Tolose, that he carried the Sacrament of the Lord's
Body in a wicker basket, and the Sacrament of his
Blood in a glass, and so cast covetousness out of
the Church ; and Bonifacius, Bishop and Martyr,
as is recorded in the Decrees, testified), that in
old time the ministers used wooden, and not golden
vessels, (a) And Zephirinus, the sixteenth Bishop
of Rome, made a Decree that they should use ves-
sels of glass."
Itappears that in the reign of JamesII., Archbishop Consecration
Bancroft, at the request of Mr. Kettlewell, conse-
crated some Communion Plate for the Church of
Coleshill, of which the latter was Vicar. The Prayer
used on the occasion is preserved, and this, and the
(y) See Rubric ; Lyndw. 252; Architecture, 65.
Canon *20 ; Ayliffe's Parerg. 304. (a) Tit. de consecra, Can. Tri-
(z) Barr's Anglican Church buritn.
26 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Display of it.
THE BREAD
AND WINE.
How to be
provided.
Service ( Z ) used by Patrick, Bishop of Ely, in
1704, on the consecration of Catherine Hall Chapel,
Cambridge, are the only Forms which appear to
have been used on such occasions, (c)
With regard to the display of the Communion
Plate on the Table, at times when the Holy Com-
munion is not celebrated, the Bishop of Exeter says,
" The display of the Sacramental Plate on the
Lord's Table, a display which is made almost in
every Church where the Plate is worthy of being
displayed, is a harmless and in my opinion a
seemly usage, to decorate the Table of the Lord,
and to testify men's wish to honour God's Service
with the choicest, of his substance." (d)
"The Bread and Wine for the Communion shall
be provided by the Curate and the Churchwardens
at the charge of the Parish." (e)
"The Churchwardens of every Parish, against
the time of every Communion, shall, at the charge
of the Parish, with the advice and direction of the
Minister, provide a sufficient quantity of fine white
(I) See Sermon preached by
John I .on.', B.D., at the conse-
cration of Catherine Hall Chapel,
Cambridge, in 1704 ; Ketile-
well's I. iie, 137, 138.
(c) " Most bless: d God, ac-
cept, we beseech thee, of the
oblation \ve make unto thee of
these vessel-*, which we huml>ly
dedicate to thy service at thy
holy Table ; and as we now
wholly give them up to thy use
in the ministration of tlie Holy
Communion of Christ's body and
blood, so we pray thee to receive
them for tliine own ; preserve
them from being in any way
profaned ; and be njt here set
apart and consecrated by our
om\-e and ministry to thy ser-
vice, let them always continue
to be s> em ploy i-i|, through
Jesus Christ o .r only Lord and
Saviour. Amen."
(d) Bishop of Exeter's Letter,
June 3D, 1843.
(e) Rubric.
OF THOSE WHICH ARE NECESSARY. 27
Bread, and of good and wholesome Wine, for the
number of Communicants that shall from time to
time receive there, which Wine we require to be
brougbt to the Communion Table in a clean and
sweet standing Pot, or Stoop of Pewter, if not of
purer metal." (/)
"And to take away all occasion of dissension and Breadsnchasia
superstition which any person hath or might have
concerning the Bread and Wine, it shall suffice that
the Bread be such as is usual to be eaten ; but the
best and purest wheat Bread that conveniently may
be gotten. "(^)
" If any of the Bread and Wine remain unconse- Remains of
crated, the Curate shall have it to his own use; but if \yine.
any remain of that which was consecrated, it shall
not be carried out of the Church, but the Priest, and
such other of the Communicants as he shall then
call unto him, shall, immediately after the Blessing,
reverently eat and drink the same." ()
The Piscina, or Lavacrum. immediately adjoined The Piscina,
the Sedilia, (h) and usually occupied a niche a little
further East. It appears that the introduction of the
Pixina into our Churches was gradual, Durandus
being the earliest writer who alludes to it And
Mr. Bloxam gives his opinion as follows: "We
find very few Norman Piscina, I mean such as are
coeval with the twelfth century. I have, however,
met with Piscines of the thirteenth century, after
insertions in walls of Norman construction. This
latter fact, I think, tends to prove that Piscina did
(/) Canon 20. (h) As to the Sedilia, see
(g) Rubric. Post. 31.
28 LAW OF CHURCH ORNAMENTS AND UTENSILS.
not generally prevail as appendages to Altars earlier
than the thirteenth century." (?)
Used for what They appear to have been used for a double pur-
purpose, pose, namely, " for the reception of the water after
the ablution of hands at the Sacrament, a rite of
earliest antiquity in the Church ; and secondly, for
the water with which the Chalice was rinsed after
the Communion, and also for the Sacramental ele-
ments themselves, in case they had become by any
means defiled." (k)
inapplicable to To our Communion Service, however, the Piscina
our Comma- j g en fj re ] v inapplicable, and Mr. Poole, in his work
nion bervice. .
on Church Architecture, speaks of the water drain
of the ancient Piscina, " for which," says he, " there
is, and can be, no use consistent with our present
Liturgy."(Z)
TheOseulum During the celebration of the Mass, after the
PaciB * priest had consecrated the wafer, and spoken these
words, " Pax Domini vobitcum," the people kissed
each other; and this was called the Osculum pucis.
The Pacem. Instead of this custom another was introduced,
that whilst the Priest, spoke these words, the deacon
or sub-deacon offered the people an Image to kiss,
which was commonly called the Pacem. Thus it
appears in Matt. Paris, A. D. 1 100, " Rigem Diuerunt
ad offerendum et itrrum reduxerunt ad I'acem" (TO)
TheOsculatory. So also the Priest kissed the Osculatory, which
was a Tablet or Board, with a picture of Christ, the
blessed Virgin, or the like, and then gave 1 t to the
() See Poole on Church Church Architecture, 154.
Architecture, 153. (/) See Poole on Church
(ft) See Mr. Bloxam's opinion Architecture, 156.
on this subject, cited, in Poole on (w) Cowell Edit. 1727.
OF THOSE WHICH ARE NECESSARY. 29
people for the same purpose, after the consecration
was performed, (n)
The Offertory was anciently an oblation for the THE OFFBR-
use of the Priest, but at the Reformation it was TORY -
changed into Alms for the poor. (0)
The Alms received during the reading of the Aims to he
Offertory before the Communion, are specially di- ^nuLL
rected by the Rubric to be collected " in a decent
Basin, to be provided by the Parish."
"While the sentences are reading at the begin- wi.o simli
ning of the Communion Service, the Deacons, Church- collect tht ' m '
wardens, or other fit persons appointed for that pur-
pose, shall receive the Alms for the Poor, and other
devotions of the people, in a decent Basin, to be
provided by the Parish for that purpose." (ji)
"After the Divine Service is ended, the money Howthemoney
given at the Offertory shall be disposed to such Is g e d be dls "
pious and charitable uses as the Minister and
pjb arch wardens shall think fit; wherein if they dis-
agree, it shall be disposed of as the Ordinary shall
appoint. "(/>)
Therefore alms collected in Chapels, as well as in Whon collected
Parish Churches, during the reading of the Offer- in Ch ' d ^ h -
tory, are at the disposal of the Incumbent of the
Parish and the Churchwardens, and not of the Mi-
nister or Proprietors of the Chapel, (q)
"The Churchwardens shall provide and have a The strong
strong Chest, with a hole in the upper part thereof, Chest -
to be provided at the charge of the Parish (it there
(n) Johns. (p) Rubric.
(o) Aylifl'e's Parerg. 394. (q) Moysey t>. Hillcout, 2
Hay, 56.
30 LAW OF CHURCH ORNAMENTS AND UTENSILS.
be none such already provided), having three Keys,
of which one shall remain in the custody of the
Parson, Vicar, or Curate, and the other t\vo in the
custody of the Churchwardens for the time being;
which- Chest they shall set and fasten in the most
convenient place, to the intent the Parishioners may
put in their Alms for their poor neighbours." (q)
Poor Money to It was enacted bv 27 Henry VIII., that money col-
be kept in it. . , i * . i t i
lected tor the Poor should be kept in the common
Coffer or Box, standing in the Church of every
Parish, (r)
Clergymen to " And the Parson, Vicar, or Curate shall dili-
ent ty fr m time to time, and especially when men
make their testaments, call upon, exhort, and move
their neighbours to confer and give, as they may
well spare, to the said Chest ; declaring unto them
that whereas heretofore they have been diligent to
bestow much substance otherwise than God com-
manded, now they ought to be much more ready to
help the poor and needy, knowing that, to relieve
the poor is a sacrifice \vhich plcaseth God ; and that
also whatsoever is given for their comfort is given
to Christ himself, and is so accepted of him, that he
will mercifully reward the same." (q)
How to be dk- " The which Alms and devotion of the people, the
keepers of the keys shall yearly, quarterly, or oftener
(as need required)), take out of the Chest and dis-
tribute the same in the presence of most of the Pa-
rish, or of six of the chief of them, to be truly and
faithfully delivered to their most poor and needy
neighbours." (7)
(y) Canon 84. (r) 27 Hen. VIII. cap. 25.
OP THOSE WHICH ARE NECESSARY. 31
The Sedilia are usually niches with Stone Seats, The Sedilia.
varying in number from one to five, and placed in
the wall on the South side of the Chancel. Mr.
Poole says, that they " are provided for the Clergy-
men assisting at the Holy Eucharist, as the Chair
at the North side is for the consecrating Priest." (.)
The present practice, however, is to have Chairs Chairs at the
at the Communion Tal>le. And Mr. Barr says,
that " the Seats for the Clergymen may be rendered
very ornamental, by appropriate carving." (t)
The Reading Desk was not known in our Churches THE READING
during the early years of the Reformation. It is DKSK -
not mentioned in the Injunctions of King Edward
VI., nor in those of Queen Elizabeth, nor in any
Canons or Visitation Articles before the Canon of
1603, (u) and there it is called a Seat, (x)
The first Rubric in the second Prayer Book of Directions in
TT-- -f i i IT, "-.-. . i the Second
King Edward \ I. ordered that the Minister do p, a yerBook,
turn him in reading Prayers, as that the people may-
best hear him. And in case of any controversy, the
matter was to be referred to the Ordinary, and he or
his Deputy was to appoint the Place, (y)
It appears that, in consequence of this, great con- Great con-
tentions arose, some kneeling one way, and some consequence,
another, though still keeping in the Chancel ; while
others left the accustomed place, and performed all
the services in the Body of the Church among the
people, (z)
(*) Poole on Church Archi- (ar) Canon 82.
tecturc, 152. (y) Rubric before the begin-
(t) Barr on Anglican Church ninjr of Morning Prayer, in
Architecture, 42. Second Prayer Book of Edw. VI.
(tt) St-e Bishp of London's (z) \Vheatly on the Common
Charge, October, 1842. Prayer, 93.
32 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Alteration on
the accession
of Queen
Elizabeth.
Reading: Desks
allowed.
To be provided
by Parish.
Inquiry in
Visitation
Articles.
Order as to
place.
What Is a con-
venient ar-
rangement.
On the accession of Queen Elizabeth, the Rubric
was altered to the form in which it now stands,
namely, " That the Morning and Evening Prayer
shall bo used in the accustomed place of the Church,
Chapel, or Chancel."
It appears that, in consequence of the difficulty of
being heard distinctly from the Chancel, the practice
became universal of having, by License of the Ordi-
nary, Desks or Reading Pews in the Body of the
Church ()
Thus by Canon 82 it is provided that "a conve-
nient Seat" be made at the charge of the Parish,
for the Minister to read Service in.
In Archbishop Bancroft's Visitation Articles of
1605, it is inquired, " Whether have you a con-
venient Seat, for your Minister to read Service
in;" (b) and the same inquiry is made in Arch-
bishop Abbot's Visitation Articles of 1616. (c)
And in Bishop Wren's Directions, given in the
Diocrse of Norwich in A.D. 1636, it is ordered
"That the Minister's Reading Desk do not stand
with the brick towards the Chancel, nor too remote
or far from it," (d) and this shews that, in that
Diocese, the Reading Desk must have been placed
in the Body of the Church.
An arrangement is now adopted in several
Churches, which the Bishop of London considers
to be very convenient. The Reading Desk is
placed near the East end of the Church, and the
Clergyman looks towards the South while reading
(a) Seo Wheatly on the Com-
mon Prayer, 93.
(b) 1 Cardw. Doc. Ann. 110.
(c) Ibid. 1CD.
(d) 2 Cardw. Doc. Ann. 257.
OF THOSE WHICH ARE NECESSARY. 33
Prayers, and towards the West while reading the
Lessons, (e)
Wheatly states that it is customary in some Reading Pew,
Parish Churches for the Reading Pews to have two with t> D k
Desks,(y ) one for the Bible, looking towards the body
of the Church to the people ; another for the Prayer
Book, looking towards the East, or upper end of
the Chancel, (g)
And in other Churches, the place for reading the The Lectern.
Lessons is a sort of stand or moveable Desk, called
the Lectern (Lecturniurri). Thus in the statutes of
St. Paul's, London, it is said, " Tune major presbyter
redeat ad lecturnium, incepturus quod incumbit" &c.(A)
It is said that, previously to the great Rebellion, Eagle Desks.
most village Churches possessed their own Eagle
Desk or Lectern, whence the Lessons were read to
the people. In some instances they were made of
brass, in others of wood ; and Eagles were usually
adopted, as symbolizing the angel flying through
the midst of heaven, "having the everlasting Gospel
to preach." (i)
They have, however, almost entirely disappeared; Seldom used.
and of those in existence, few are now used. Thus
in the accounts of Trinity College, Cambridge, from
1580 to 1710, among the extraordinaries, there
appears a distinct payment to different servants for
" skowering," or "looking after, the brassen deske";
(e) See Bishop of London's Prayer, 121 ; See Sparrow's Ra-
Charge, October 1842. tionale on the Book of Common
(/) In the Church of Drayton, Prayer.
Beauchamp, Bucks, there are (A) Statuta Eccl. Paul. Loud.
still two Desks in the Reading MSS. fol. 44.
Pew. See Gloss. Arch. (i) I Ecclesiologist, 173 ;
(g) Wheatly on the Common Rev. xiv. 6.
34 LAW OF CHURCH ORNAMENTS AND UTENSILS.
The Failed
Stool.
"VVheatly's
opinion.
The Royal
Injunctions.
from 1711 to 1722, the item is for "cleaning the
chapell deske" ; but since the last date these items
have disappeared, and nothing is now known of the
existence of this " brassen deske." (K)
It is said by a recent writer, that, " in strictness,
the Churchwardens ought to provide a low Desk,
anciently called the Failed Stool, to be placed in the
midst of the Church, before the Chancel door, at
which the Litany is to be said or sung." (7)
Wheatly also is of the same opinion, and says,
" The word Litany, as it is explained by our present
Liturgy, signifies a general supplication. Such was
the fifty-first Psalm, which may be called David's
Litany. Such was the Litany of God's appointing
in Joel, (m) where, in general assembly, the Priests
were to weep between the Porch and the Altar, and to
say, Spare thy people, O Lord : in allusion to which
place, our Litany, retaining also the same words, is
enjoined, by the Royal Injunctions still in force, (n)
to be said or sung in the midst of the Church, at a
low Desk, before the Chancel door, anciently called
the Failed Stool." (o)
On referring to these Injunctions, (p) none of
which however have now the authority of Parlia-
(ft) An Eagle Desk was, in
1840, put up in the Chapel of
St. John's College, Cambridge.
And there is now in the Great
Exhibition a very beautiful brass
one, which has been made by Cot-
tingham for Hereford Cathedral.
(Z) Prideaux's Duties of
Churchwardens, 44.
(TO) Joel ii. 17.
(n) Injunctions of Edw. VI.
and of Queen Elizabeth, A.D.
1559, Sparrow's Collect. 8, 72.
(o) Wheatly on the Common
Prayer, 140 ; and see Barr's
Anglican Church Architecture,
60; Poole on Church Archi-
tecture, 132.
(p) 1 Cardw. Doc. Ann. 15,
219.
OF THOSE WHICH ARE NECESSARY. 35
ment, we find the following directions given in
those of Queen Elizabeth, (q) " Immediately before
the time of commencing of the Sacrament, (r) the
Priests, with others of the Quire, shall kneel in the
midst of the Church, and sing or say, plainly and
distinctly, the Litany which is set forth in English,
with all the suffrages following, to the intent the
people may hear and answer ; and in Cathedral or
Collegiate Churches the same shall be done in such
places, and in such sort, as our Commissioners in
our visitation shall appoint."
The Master of the Temple, in his Pamphlet, (5) Opinion of th
says, "Fold Stools, also, and small Desks for the
officiating Clergyman to stand and kneel before,
seem not quite consistent with the 82nd Canon,
which appoints that in all Churches a convenient
Seat shall be made for the Minister to read Service
in."
In our Prayer Book, nothing is stated as to the Place for read-
place where the Litany is to be sung or said ; and
therefore the Minister, if any doubts arise in prac-
tice, must apply to the Bishop of the Diocese, who
will use his discretion, and probably order the
accustomed place to be continued.
In most of Churches there is a Seat below the The Clerk's
Reading Desk, from which the Parish Clerk, usually
an illiterate man, in a slovenly manner, reads the
Responses. This custom, which had its origin when
the Clerk, as his name imports, was a literate man,
(q) 1 Cardw. Doc. Ann. 219. (*) Rubrics and Canons of the
(r) Called "High Mass" in Church of England, considered
the Injunctions of Ed ward VI. ; by Christopher Benson, M.A.,
see 1 Cardw. Doc. A^ i T- i i
shall be set up at the charge or the Parish, upon the
East end of every Church and Chapel, where the
people may best read and see the same." (A)
" And other chosen sentences shall at the like
charge, be written upon the walls of the said
Churches and Chapels, in places convenient." (h)
The Table of Degrees of Marriage prohibited,
" shall be in every Church publicly set up, and
fixed at the charge of the Parish." (i)
The Church Book for Burials and Christenings
was begun to be kept in the 30th year of the
reign of King Henry VIIL, at the instance of Lord
Cromwell. (A)
And it is ordered by Canon 70, that, " in every
Parish Church and Chapel within this Realm, shall
be provided one Parchment Book at the charge of
the Parish, wherein shall be written the day and
year of every Christening, Wedding, and Burial,"
within the Parish, " and for the safe keeping
thereof, the Churchwardens, at the charge of the
Parish, shall provide one sure Coffer, with three
locks and keys, whereof the one to remain with
the Minister, and the other two with the Church-
wardens severally." (/)
(h) Canon 82.
(t) Ibid. 99.
(i) See under Title " Church
and Churchwardens," 3 Salk.
85; Noy. 145.
(I ) Canon 70, and see the
directions there given.
OF THOSE WHICH ARE NECESSARY. 45
Registers of public and private Baptisms, Mar- Register of
riages, and Burials, solemnised according to the ? ptl . sin8 '.
rites of the Established Church, are to be made Burials.
and kept by the Rector, Vicar, Curate, or officiating
Minister of every Parish or Chapelry where those
ceremonies may be performed, " in Books of Parch-
ment, or of good and durable paper, to be provided
by his Majesty's Printer as occasion may require,
at the expense of the respective Parishes or Cha-
pelries," and these are to be printed, numbered, and
arranged as the Act specifically directs, (m)
Each Register is to be kept in a separate A separate
Book, (ri) and it was ordered that immediately after E
the passing of the Act, the King's Printer was to
transmit to each Parish a printed copy of the Act
and Register Books, adapted to the forms therein
prescribed. ( o )
In these several Books the various entries are to be Where to be
made, and it is enacted that these, " and all Register
Books heretofore in use, shall be deemed to belong to
every such Parish or Chapelry respectively, and
shall be kept by, and remain in, the power and
custody of the Rector, Vicar, Curate, or other offi-
ciating Minister of each respective Parish or
Chapelry as aforesaid, and shall be by him safely
and securely kept in a dry, well painted iron chest,
to be provided and repaired as occasion may require,
at the expense of the Parish or Chapelry, and which
said Chest, containing the said Books, shall be con-
stantly kept locked in some dry, safe, and secure
place within the usual place of residence of such
(m) 52Geo. III.cap.146, s. 1. (o) Ibid. a. 2.
(n) Ibid. s. 3.
46 LAW OF CHURCH ORNAMENTS AND UTENSILS.
When they
may be
removed.
Register Book
of Banns.
Copy of
Marriage Act.
Terriers.
Rector, Vicar, Curate, or other officiating Minister
(if resident within the Parish or Chapelry), or in the
Parish Church or Chapel, (p )
And these Books are not to be taken out of this
Chest, at any time or for any cause whatever, except
for the purpose of making certain entries, or for the
inspection of persons desirous of making a search or
obtaining copies from them, or to be produced as
evidence in some Court of Law or Equity, or to
be inspected as to their state, or for some of the
purposes of the Act. After which the Books
are immediately again to be deposited in the
Chest, (p)
" The Churchwardens and Chapelwardens of
Churches and Chapels wherein Marriages are so-
. lemnized, shall provide a proper Book of substantial
Paper, marked and ruled respectively in manner
directed for the Register Book of Marriages, and
the Banns shall be published from the said Register
Book of Banns by the officiating Minister, and not
from loose papers ; and, after publication, shall be
signed by the officiating Minister, or by some person
under his direction." (q)
A printed Copy of the Marriage Act, 4 Geo. IV.
cap. 6, transmitted to the Minister after the passing
of the Act, is to be kept with the Book containing
the Marriage Register of such Parish or Chapelry,
in the Chest or Box provided for the custody of the
same, (r)
It may be convenient to keep in the Church
(j?) 52 Geo. III. cap. 146, 8. 5.
(?) 4 Geo. IV. cap. 76, s. 6.
(r) Ibid. s. 32.
OP THOSE WHICH ARE NECESSARY. 47
Chest an exemplified copy of the Terrier of Glebes
Lands, &c., required by Canon 87. (s)
" That the Bishop may understand (if occasion so Book to enter
require) what Sermons are made in every Church of poachers.
his Diocese, and who presume to preach without
License, the Churchwardens and Sidemen shall see
that the Names of all Preachers, which come to
their Church from any other place, be noted in a
Book, which they shall have ready for that purpose ;
wherein every Preacher shall subscribe his Name,
the Day when he preached, and the Name of the
Bishop of whom he had License to preach. "()
The Vestures used in the Church in old time were VESTURES
plain and simple, and there was nothing costly, (u) p^y*
But when Popery began to prevail, a great Change made
change was made, and Rabanus (#) declares, at con- ^ e he a ^ P t o pery
siderable length, that the costly and manifold furni- prevail,
ture of Vestments afterwards used in the Church,
was " fetched from the Jewish usages, and agreeth
with Aaron's apparelling altogether." (u)
We shall now consider the different Vestures in Vestures to be
our Church, which " shall be retained and be in J s h e ^ our
use," and they are such " Ornaments of the Minis-
ters thereof, at all times of their ministration, as
were in this Church of England, by the authority of
Parliament, in the second year of the reign of King
Edward VI." (^)
The word Surplice is derived from the Latin word THE
superpelliceum, and, according to Durandus, is so
(*) God. Append. 12; Burns 's Peril of Idolatry,"
Eccl. Law, tit. " Terrier." ()
Nor can any ecclesiastical jurisdiction enjoin it And they are
on them, or legally require it to be done; but the never been in
things become then of the same nature in law as if the Church.
they had never been in the Church at all. (p)
For instance, the Rails at the Communion Table AS for instance
are said not to be required by law in any Church,
(I) Newson v. Baldwry, M. 1 Alexander III. A.D. 1180; 2 Table.
Anne, Far. 70 ; 1 Burns's Eccl. Inst. 653 ; Prid. 52.
Law, 368. (n) 20 Hen. VI. fol. 17.
(ra) Epistle Decretal of Pope (o) 2 Inst. 65.
O) Prid. 52.
F 2
68 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Erection of
such Rails.
What consent
and license is
necessary.
Application
for a Faculty.
and the consent of the Parish and Rector, and the
license of the Ordinary, being necessary for their
first erection, they cannot, after 40 years' disuse, be
again restored without the same consent and license,
to authorize the Churchwardens so to do, and to
levy a Rate for it upon the Parish, (q)
Therefore, though it be very decent and fitting
that there should be Rails in every Church to keep
from profanation the Communion Table, at which
the highest mystery of our holy religion is cele-
brated, yet, as this matter is sometimes disputed, the
Churchwardens, before attempting to erect Rails,
should take the requisite preliminary steps legally
to justify themselves in so doing, (g)
But if the new erection be in the Chancel, the
leave of the Rector is also necessary, as the Chancel
belongs to him ; and therefore, if the Church-
wardens set up any new Seat in the Chancel, (r) or
place Rails at the Communion Table, they must not
only have the consent of the Parish, but also the
leave of the Rector and the License of the Ordinary,
before it can legally be done, (s)
After a majority of the Vestry has decided in
favour of the proposed addition or alteration, an
application is made to the Ordinary for a Faculty,
and he calls on all persons having a right, to show
cause why it should not be done, and hears and
determines on the force of any objections that may
be made against it. (t)
(q) Prid. 53.
(r) As to Seats in the Chancel,
see " Oliphant's Law of Pews and
Prohibition."
0) 1 Prid. 50.
(#) Per Sir W. Scott Bardin v.
Edwards, 1 Hag. CC. 14.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 69
In all cases of this kind, the intimation goes out Effect of ob-
to all persons, and therefore every one not appear-
ing to object, must be regarded as consenting, by
virtue of the Notice, and also of the representative
character of the Churchwardens who apply for the
Faculty. (M)
It is the bounden duty of the Ordinary never to Faculty for
grant a Faculty for expensive alterations in any ^rations.
Church, which are professed not to be paid by a
Church Rate, unless the Judge has before him the
most ample security, that the funds will be otherwise
provided for, than by the Parish, (u)
In the case of Hoop and Clark, Churchwardens of Case followed,
Chesterfield, v. the Vicar and Parishioners of Ches-
terfield, (x) which has since been followed as a
precedent, the Judge would not allow the Faculty
to pass till the parties who made the application
gave a Bond for 3,200Z., with sureties for the per-
formance of the intended alterations, and the re-
pairing and the refitting of the Parish Church of
Chesterfield, and for the payment of all expenses
attending the same, without making any Rate or
Assessment on the Parish in respect thereof; and
the Judge further directed that a clause should be
inserted in the Faculty, providing that the Pa-
rishioners should not be liable to any expenses
incurred in respect of such repairs and alterations.
And, indeed, a Faculty does not enjoin the raising Faculty does
not enjoin a
Rate.
(u)Churchwardens of St. John's, of Chesterfield, Arches, Dec. 21,
Margate, v. Parishioners, 1 Hag. 1841. And see Hopton v. Minis-
CC. 200. ter, &c., of Kemerton, 6 Eccl. &
(x) Churchwardens of Chester. Mar. Cases, 83.
field v. The Vicar & Parishioners
70 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Costs of the
application.
ORGAN?.
The old ones
small.
Necessary or
ornamental.
of any Rate ; and if it is found a burthen, it may be
removed by another Faculty, (y)
The Costs of an Application for a Faculty are in
a special manner in the discretion of the Court, and
where it meets the justice of the case, no order will
be made for Costs, so that each party will have to
pay their own Costs. (2)
The early Christians appear to have been unac-
quainted with the use of Organs ; and it is not
clearly known at what time they were first introduced
into Churches. It appears that about the year 766,
Constantius Copronymus, Emperor of Constanti-
nople, sent one as a present to Pepin of France, (a)
And Wheatly says, " it is certain that the use of
them has been very common now for several hun-
dreds of years, Durandus mentioning them several
times in his books, but giving no intimation of their
novelty in Divine Service." (b)
The old Organs were much smaller than those
now in use, were of a different construction, and
were called Regals. They were greatly enlarged
in the fifteenth century, since which time numerous
improvements have gradually been made, (c)
It is difficult in some cases to distinguish whether
an addition to the Service of the Church is to be
deemed necessary or ornamental ; and Organs in
(y) Per Sir \V. Scott. Church-
wardens of St. John's, Margate, v.
Parishioners, 1 Hag. CC. 202.
(z) Hopton . Minister, &c.,
of Kemerton, 6 Eccl. & Mar.
Cases, 90.
(a) Aventin, Annal. Bojorum,
Tib. III. fol. 300 ; Gregory's
Posthumous Works, 49.
(b) Wheatly on the Common
Prayer, 114.
(c) Barr's Anglican Church
Architecture, 68.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 71
some Churches may be necessary, though in others
only ornamental, (d)
In Collegiate and Cathedral Churches they would in Collegiate
be deemed necessary, and the Ordinary might com- churches! *
pel the Dean and Chapter to erect an Organ, as
proper and necessary for the Service usually per-
formed in such places.
In Parish Churches it would be otherwise, and In Parish
though Organs in such places are not to be dis- Churche8 -
couraged, it would depend on the circumstances of
the Parish, what judgment the Court would form on
each particular case, (e)
A Faculty is required for the erection of an Or- Erection of an
gan, and a Faculty is not granted by the Ordinary, rgan
without a decree with intimation, in order that any
of the Parishioners may object; on which objection
the Court, considering the circumstances of the case,
is to decide. (/)
However, the consent or desire of the Parishioners Consent of
does not bind the Ordinary ; for the consent may be Parishionei>s -
imprudently given, and contrary to the interests of
Religion. (/)
The Parishioners are, in the first instance, the Whoareprimd
best judges of the inconvenience, and the remedies fudges. C
for that inconvenience ; and the Court will not
lightly presume that a majority would authorize or
willingly incur an unnecessary expense. () Thus a
Faculty was granted for erecting a Gallery for the
(d) Churchwardens of St. John's, (/) Pearce v. Rector of Clap-
Margate, . Parishioners, 1 Hag. ham, 3 Hag. 13.
CC. 199. (9} !* er Sir W. Scott. Groves
(e) Ibid. 199. ; and see Jay v. v. Rector of Hornsey, 1 Hag.
Webber, 3 Hag. 8. CC. 190.
72 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Court not
bound by the
majority.
But may pro-
tect the
minority.
As when the
Church is
too small.
accommodation of the increased population of the
Parish of Hornsey, and the objections on the
part of the minority of Parishioners were over-
ruled, (h)
But although the Ecclesiastical Court pays so great
attention to a majority, it is not the only circum-
stance to be considered ; for the majority may incline
to unnecessary expense, against which the Court
ought to protect the minority, or it may object to
necessary expense. The Court is not bound by this
circumstance alone ; it may refuse the whole Parish
joined together, or it may grant, if it appears neces-
sary, a Prayer, on the application of one against all
the rest, (i)
It may be the duty of the Ordinary, under parti-
cular circumstances, to interpose and protect the
Parish from its own indiscretion, if any incon-
venience is to be apprehended from it; as if the
Parish is small, and the Rent of Houses very high,
or there are other circumstances which render the
proposed addition to the Church inexpedient ; (A)
as, for instance, if there be not convenient room
for it. (7)
Therefore, where a Church is too small, the Ordi-
nary will never grant a Faculty, for the incon-
venience is greater than the advantage, (m) Thus
a Faculty was refused where it appeared that there
was not accommodation for the Inhabitants, and
(h) Groves v. Rector of Horn-
sey, 1 Hag. CC. 188.
(t) Ibid. 189.
(k) Churchwardens of St. John's,
Margate, v. Parishioners, 1 Hag.
CC. 20.
(/) Churchwardens of Clapham
v. Rector, 3 Hag. 13.
(m) Pearce . Rector of Clap-
ham, 3 Hag. 13.
OP THOSE UNNECESSARY OR SUPERSTITIOUS. 73
that even this would be made less, by taking away
several Seats to erect an Organ, (n)
The Ordinary is to take into consideration all the Ordinary will
circumstances of the case, either upon objection on the ckcum-
the part of the Parishioners, or upon application for stances.
a Decree, (o)
The first point to which the Court looks is, whe- The first point
ther an objection as founded is capable of being duly co^tlooL 6
ascertained by the resolution of Vestry, or by the
opinions and sentiments of others, who, being pre-
vented from attending there, have joined in the
subsequent proceedings, (p)
If the Ordinary sees that many of the Parishioners Affidavits as to
object, though they may be the minority, it may be ^ Vestry" 17
very proper that he should not be totally inattentive
to their opinion. It is usual, therefore, in cases of
mere Ornament, to tender Affidavits, shewing what
the majority in Vestry was, in order that the Court
may ascertain what may fairly be considered the
predominant wish of the Parish, (q)
But although the consent of the Parish is not Parish cannot
necessary to the Ordinary ordering an Organ to be peJTagalnst*"
erected in a Church, the Parish cannot, without thei r consent.
their consent, be charged with the expense of erect-
ing or repairing it, or adding new Ornaments, (r)
And the law, generally, appears to be, that the The law
Ordinary is to judge whether the circumstances of g
the Parish offer any objection to the erection of an
(n) Pearce . Rector of Clap- (q) Churchwardens of St. John's,
ham, 3 Hag. 15. Margate, v. Parishioners, 1 Hag.
(0) Ibid. 13. CC. 201.
(p) Groves v. Rector of Horn- (r) Butterworth v. Walker, 3
sey, 1 Hag. CC. 190. Burr, 1689.
74 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Provision
made by the
Parish.
Clause against
expense
need not be
inserted.
Faculty
granted
without.
Organ ; and the Parish alone is to decide on any
Expenses to be incurred, (s)
Music has always been used in Divine Worship ;
therefore the Ordinary never would think of dis-
couraging, and never did discourage, the Erection
of an Organ, where a Parish offered to provide all
Expenses, unless there appeared to the contrary,
some reason of more consideration than the benefit
thence to be derived. ()
The Courts have usually adopted the rule of
inserting a Clause, that no Expense shall fall on
the Parish. But this rule is discretionary only, and,
though generally proper, by no means binding, (u)
Thus it is no sufficient objection to a Faculty for
erecting an Organ in a Parish Church, that there is
no provision for the future Repairs, nor for the per-
manent Salary of an Organist, (x)
And a clause providing against any future expense
falling on the Parish, need not be inserted in a
Faculty, confirming the erection of an Organ, by
voluntary contributions, and with the consent of the
Vestry, in a Parish Church, (y)
Therefore a Faculty for accepting and erecting an
Organ, offered to the Parish of St. John's, Margate,
was granted, without a clause against future ex-
penses being charged to the Parish. And an
objection on the part of certain of the Parishioners
was overruled, (z)
(} Jay v. Webber, 3 Hag. 8.
(t) Pearce v. Rector of Clap-
ham, 3 Hag. 12.
M) Church wardens of St. John's,
Margate, . Parishioners, 1 Hag.
CC. 201.
(x) Churchwardens of Clap-
ham v. Rector, 3 Hag. 10.
(y) Jay v. Webber. 3 Hag. 4.
(z) Church wardens of St. John's,
Margate, v. Parishioners, 1 Hag.
CC. 198.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 75
The effect of a Faculty, confirming the erection its effect,
of an Organ, where a clause of exoneration from
future expenses has not been inserted, is, that it
leaves the matter quite open. It neither lays the
burthen on the Parish, nor prevents its being under-
taken hereafter, in case of the failure of voluntary
contributions, (a)
And as a Faculty, confirming the erection of an it binds to
Organ, binds the Parish to nothing prospectively,
they may apply even to have the Organ removed
altogether, if such a measure could be shewn to be
necessary, or even strongly beneficial, for the more im-
portant object of enabling the Parishioners to attend
public worship in the Parish Church, (b)
A Faculty directing the performance upon, and Faculty di-
the repairs of an Organ in a Parish Church to be menTouTof
paid out of the Parish Rates, would be legally Rates bad.
objectionable ; for the Ordinary can only bind the
Parish to expense for articles absolutely neces-
sary, (c)
And even if the Vestry is unanimous, a clause Evenwheu
binding the Parish to defray out of the Rates ^an^ous.
future expenses for an article not necessary, ought
not to be inserted. Because neither the Ordinary,
nor the existing inhabitants, have a right to bind
their successors to any expense but what is legally
necessary, (c)
In London, where Parishes are small and the A Fund for
rents high, an Organ might be a considerable O f organist
burthen, and therefore the rule is often adopted,
though seldom well observed in practice, that
(a) Jay v. Webber, 3 Hag. 10. (c) Ibid. 7.
(6) Ibid. 9.
76 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Is not pre-
scribed by law,
As the Organ
need not be
played.
But in such
case Organist
should be
discharged,
As the Minister
has the
direction.
Vestry may
pay Organist's
salary.
several persons certify, that they are willing to
subscribe to provide a settled Fund for the main-
tenance of the Organist, though no permanent en-
dowment is arranged ; a Fund for the present being
all that is usually required, (d)
That there should be a settled Fund is not pre-
scribed by any rule of law, which is to be found
in books or practice, except in particular cases in
which the Ordinary may think it necessary, (e)
If a Faculty has been obtained for an Organ, and
there being no permanent provision for its support,
succeeding Parishioners should not choose to take
upon themselves the expense, there is no authority
to oblige them to have it played upon ; especially if
a clause be added to the Faculty, as it is often done,
that the expenses shall be defrayed by voluntary
contributions, (f)
But if they do not wish to be at any expense in
its use, they should proceed regularly, and discharge
the Organist.
For the Minister has a right to direct when it
shall or shall not be played, and when the Singers
shall or shall not chant, though the Organist is
paid, and the Singers are managed by the Church-
wardens, (g) And forbidding the Organ to be
played when directed by the Minister, is a matter of
Ecclesiastical cognizance. (A)
The Churchwardens have a right, with the con-
(d) ChurchwardensofSt. John's,
Margate, v. Parishioners, &c., 1
Hag. CC. 201.
(e) Ibid. 202.
(/) Churchwardens of Clapham
v. Rector, 3 Hag. 16.
(g) Wilson v. McMath, 3 Phil.
91.
(h) Ibid. 89.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 77
sent and approbation of a Vestry Meeting legally
called, to pay the Salary of the Organist, and to
charge it to their accounts, notwithstanding the ob-
jection of a minority ; and they would be supported
by both the Temporal and Ecclesiastical Courts in
so doing, (z) Because in all cases where the Parish
is competent to act by its own power, it is the
majority which must bind ; and the majority of a
Vestry, in cases fit to be there decided, will bind
the minority of the Parish. (A)
The assessment should be made with consent of How to be
the Vestry, in the way of a Church Rate, and those assessed -
who refuse to pay may be sued for it in the Eccle-
siastical Court, (z)
The office of Organist is not known to the com- A mandamus
mon law of this country, (1) and therefore it has (^.^nfst^ii
been held that a mandamus will not lie to the Vicar, not be granted.
Churchwardens, and Inhabitants of a Parish to elect
an Organist to the Parish Church, though there
always may have been such an officer beyond the
time of living memory, and a yearly salary has been
invariably paid him out of the Church Rates, it
being optional with the Parishioners whether the
Organ shall be played, (m)
Upon a vacancy in the office of Organist to a What has been
Parish Church, the Vestry unanimously resolved a bi e mode" 01
that the fact of the Vacancy should be advertised ; of election.
and that a Committee should be appointed to reduce
(i) Opinion of Lord Stowell, (I) Per Patteson, J., Reg. v.
1790. Vicar, &c., of St. Stephen's,
(ft) Church wardens of St. John's, Coleman Street, 14 L. J., N. S.,
Margate, v. Parishioners, 1 Hag. Q. B. 35.
CC.200. (wi) Ibid. 34.
78 LAW OF CHURCH ORNAMENTS AND UTENSILS.
IMAGES.
Not used by
the Primitive
Christians.
the number of Candidates to six, each of whom
should take the service on one Sunday. This reso-
lution was, at a subsequent Vestry, unanimously
confirmed. The Committee having selected six out
of the sixty Candidates who presented themselves,
a motion was made and seconded at the time of the
election, that A, a Candidate who had not been thus
selected should be eligible ; but this was negatived
without a division. No objection was made to this
course. But afterwards, on a Poll having been
demanded, a greater number of Votes were ten-
dered on behalf of A than of any other candidate.
It was held by Mr. Justice Patteson, that this was
not an unreasonable mode of conducting the elec-
tion, and that it might be said, under such an
arrangement, that it was not competent for the
Parishioners to vote for any but the six who had
been selected, and that votes given for any other
person were thrown away, (n)
It is said that no Images were used in Churches
for at least 400 years after Christ; indeed, the
ancient Christians, though often taunted by the
Heathen for having no Images or Statues in their
Churches, never for a moment pretended to use
them, but rejected the very notion of such a
thing, (o)
And Wheatly says, " I hope it is clear enough
that the primitive Christians, as they thought it
sufficient to pray to God, without making their
addresses to Saints and Angels, so they accounted
(n) Reg. v. Vicar, &c., of St.
Stephen's, Coleman Street, 14
L. J., N. S.,Q. B. 34.
(0) Wheatly on the Common
Prayer, 75 ; Contr. Cels. L. 8,
part ii. p. 521 E.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 79
their Churches fine enough without Pictures and
Images to adorn them." (p)
The origin of Image worship is thus given in the introduction
second part of the Homily, Against Peril of Idolatry : ^37. ^
" First, men used privately stories painted in
tables, clothes, and walls ; afterwards, gross and
embossed Images privately in their own houses.
Then afterwards, Pictures first, and after them em-
bossed Images, began to creep into Churches, learned
and godly men ever speaking against them. Then
by use it was openly maintained that they might be
in Churches, but yet forbidden that they should be
worshipped."
Of this opinion was Gregory, the first Bishop of Reason for so
Rome, 600 years after Christ, as appears by his dom -
Epistle to Serenus, Bishop of Massile. Thus he
says, " That thou didst forbid Images to be wor-
shipped, we praise altogether ; but that thou didst
break them, we blame. For it is one thing to
worship the Picture, and another thing by the
picture of the story, to have to learn what is to be
worshipped. For that which Scripture is to them
that read, the same doth Pictures perform unto
idiots or the unlearned beholding." (p)
The Homily goes on to state, that " Gregory's People b.^an
authority was so great in all the Western Churches, JjJ e * orBhl P
that by his encouragement men set up Images in
all places ; but their judgment was not so good to
consider why he would have set them up, but they
(p) Wheatly on the Common gister, Part x. Epist. 4, cited in
Prayer, 76. Homily Against Peril of Ido-
(q Gregory's Epistles in Re- latry.
80 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Images in our
Churches.
Ordered to be
destroyed at
the Reform-
ation.
Exception as
to Tombs.
What may now
be put up.
Injunctions of
1559.
fell all in heaps to manifest idolatry by worshipping
them." (r)
And accordingly, in our Churches, Images of
Christ crucified and of various Saints were set up,
the chief Image being in the Chancel, and represent-
ing the Saint to whom the Church had been dedi-
cated, (s)
At the time of the Reformation, " Images of
stone, timber, alabaster, or earth, graven, carved, or
painted," either taken out of, or yet remaining in,
any Church or Chapel, were required to be de-
stroyed, (f)
But this enactment was not to extend to " any
Image or Picture set or graven upon any Tomb in
any Church, Chapel, or Churchyard, only for a
Monument of any King, Prince, Nobleman, or other
dead person, which hath not commonly been reputed
or taken for a Saint." (u)
And, indeed, the law now allows the erection of
Tombs, Sepulchres, Monuments, Coats of Arms,
Hatchments, Escutcheons, &c. in the Church, Chan-
cel, common Chapel, or Churchyard, provided it be
done by regular authority, and in a proper manner.(a;)
In the Reign of Queen Elizabeth, in 1559, certain
Injunctions were issued, by which the Clergy were
forbidden to " set forth or extol the dignity of any
Images, (y} relics, or miracles ; but, declaring the
r Second Part of the Homily subject fully discussed in " Oli-
Against Peril of Idolatry. phant's Law of Burial."
(g) Lyndw. 253. (y) They are callid in the
(t) 3 & 4 Edward VI. cap. 10, Homily Against Peril of Ido-
s. 2. latry, " Great puppets and ba-
(u) Id. s. 6. bies for old fools in dotage."
(x] 3 Inst. 202 ; and see the
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 81
abuse of the same, they shall teach that all good-
ness, health, and grace ought to be both asked and
looked for only of God, as of the very Author and
Giver of the same, and of none other. "(z) Persons
were also forbid to keep in their houses what
were called " abused Images." (a)
By the Articles for the Visitation in the same visitation
year, it was to be inquired, "Whether in their
Churches and Chapels all Images, &c. had been
removed and destroyed?" (b)
In Archbishop Parker's Visitation Articles of visitation
1569, it is inquired, "Item, Whether ymages and
al other monuments of ydolatry and superstition
be destroyed and abolyshed in your several Pa-
ryshes ?" (c)
The Rood Skreen is either the lattice-work and The Rood
cross-barred partition, which, in some Churches, is
interposed between the Chancel and the Nave, or a
Skreen of elaborately carved solid wood or stone,
such as in some of our Cathedrals separates the
Choir from the rest of the Church, (d)
Above the Rood Skreen was formerly the Rood The Rood Loft.
Loft, being a Gallery on which the Cross, or the
Image or Picture of our Saviour upon the Cross,
with those of the Virgin Mary and St. John on
each side of it, were set to view, (d)
Although a partition between the Church and TO be taken
Chancel was ordered to be kept, inquiry is made in
Archbishop Parker's Visitation Articles in 1569,
(z) See 1 Cardw. Doc. Ann. (c) Ibid. 356.
212. (d) Mr. Pugin has just pub-
(o) Jbid. 226. libhed a work on Rood Skrcens
(ft) Ibid. 242. and Rood Lofts.
G
82 LAW OF CHUHCH ORNAMENTS AND UTENSILS.
Manner of
doing it.
Shrines not
Ornaments of
our Churches.
Ordered to be
destroyed.
LIGHTS AND
CANDLES.
" Whether the roode lofte be pulled downe, accord-
ing to the order prescribed." (e)
And in Archbishop Grindal's Injunctions in the
Province of York, in 1571, it is ordered that
" rood lofts be altered." (/) And in the Articles
of the same Archbishop within the Province of
Canterbury, in 1576, it is inquired " Whether
your rood lofts be taken down and altered, so that
the upper parts thereof, with the soller or loft be
quite taken down unto the cross beam, and that the
said beam have some convenient crest put upon the
same." (g}
A Shrine is a case in which something sacred is
deposited. (A) And Shrines cannot be retained and
be in use as " Ornaments in this Church of England,
by the authority of Parliament, in the second year
of the reign of King Edward VI."
For in the Royal Injunctions of 1547, it is
ordered, " that they shall take away, utterly extinct
and destroy, all Shrines and covering of Shrines." (z)
And in the same year it was inquired whether they
had been removed. (A) In 1550 the same inquiry is
made in Bishop Ridley's Visitation Articles. (Z)
So also in the reign of Queen Elizabeth in 1559. (m)
A great deal of discussion has taken place as
to putting Candles upon or near the Communion
Table, and a great deal of confusion has been intro-
duced into the question by speaking of " Lights "
and " Candles " as convertible terms.
(e) 1 Cardw. Doc. Ann. 357.
(/) Ibid. 371.
(g) Ibid. 398.
(h) Todd's John. 'a Diet.
(i) 1 Cardw. Doc. Ann. 17.
(A) Ibid. 50.
(Z) Ibid. 92.
(m) Ibid. 242.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 83
By the Royal Injunctions of Edward VI. 1547, Candlesticks
which have been discussed in the first Chapter, " all o
Candlesticks were ordered to be taken away from
Churches." (n)
But as Altars had not then been removed from Two Lights to
the Churches, it was enjoined to "suffer from hence- Siglf Altar* 6
forth no torches, nor candles, tapers, or images of
wax, to be set before any image or picture, but only
two Lights upon the High Altar." (o)
In the same year, in Ridley's Visitation Articles, inquiry in
it is inquired, " Whether they suffer any torches, ^lel
candles, tapers, or any other light, to be in your
Churches, but only two Lights upon the High
Altar." (o)
In the first Prayer Book of Edward VI. the First Prayer
Communion Service is designated " The Supper of
the Lord, and the Holy Communion, commonly
called the Mass." And instead of any Communion
Table being mentioned, it is directed that " the
Priest, humbly standing afore the midst of the Altar,
shall say the Lord's Prayer," &c.
It would appear that in consequence of the Altar Continuance
having been retained in our Churches, and having
been used in the celebration of what was called the
" Mass," the Priest continued to perform many of
the same superstitious Ceremonies as in the time of
Popery.
(n) 1 Cardw. Doc. Ann. 17 ; inquiry is made " whether in
The same order is given in their Churches and Chapels all
the Royal Injunctions of Queen Candlesticks be removed and
Elizabeth, A.D. 1559, 1 Cardw. destroyed." 1 Cardw. Doc. Ann.
Doc. Ann. 221 ; and in the Visi- 242.
tation Articles of the same year ( o) Ibid. 6.
G 2
84 LAW OF CHURCH ORNAMENTS AND UTEXSILS.
visitation
Articles framed
\Vhat orders
given.
Lights among
To prevent this, certain Articles, framed as in-
structions for the Visitors in a new Royal Visitation,
were issued in 1549 after the publication of the first
Prayer Book ; and being of the same year, they
afford evidence of the contemporary practice in mat-
ters of rites and ceremonies.
By these Articles, it was ordered that the Clergy,
in reading the Injunctions which were issued in
1547, should omit all those parts which mention
" the Popish mass, candles upon the Altar, or any
such like thing," (p~) and it is also expressly enjoined,
" For an uniformity, that no Minister do counterfeit
the Popish mass, as to kiss the Lord's Table ; wash-
ing his fingers at every time in the Communion ;
blessing his eyes with the Paten or Sudary, or cross-
ing his head with the Paten ; shifting of the Book
from one place to another ; laying down and lick-
ing the Chalice of the Communion ; holding up his
fingers, hands, or thumbsjoined towards his temples ;
breathing upon the Bread or Chalice ; shewing the
Sacrament openly before the distribution of the
Communion ; ringing of sacrying Bells ; or setting
any Light upon the LorcCs Board at any time;
and finally to use no other Ceremonies than are
appointed in the King's Book of Common Prayers,
or kneeling, otherwise than is in the said Book." ( q )
These Articles prove, that Lights upon the Lord's
Table, being especially forbidden, are among those
Ceremonies which were then held not to have
(p] 1 Cardw. Doc. Ann. 74.
(q) " Articles to he followed
and observed according to the
King's Majesty's Injunctions
and Proceedings." Ex MSS.
Johnson apud Burnet, Hist.
Reform, Vol. U. App. p. 165 ;
1 Cardw. Doc. Ann. 76.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 85
been appointed by the first Book of Common
Prayer.
If therefore setting any Light upon the Altar Not permitted
during the celebration of the Mass, under the first JH U fc n Com ~
Prayer Book, was a Ceremony forbid almost as Service,
soon as used, it cannot be supposed that such a
Ceremony would be permitted in our Communion
Service, as there most certainly is no authority for
it in our Prayer Book.
But even supposing Candles to have been Altar Candles in-
" Ornaments in the Church of England by authority
of Parliament, in the second year of the reign of ments.
King Edward VI.," and admitting that the consti-
tution of 1322, 16 Edward II., which directs that,
" tempore quo Missarum solennia, peraguntur, accen-
dantur dues candelce, vel ad minus una" (r) was con-
firmed by 25 Henry VIII. cap. 19, s. 7, still such
Ornaments are quite inapplicable to our present
Churches.
For it could never have been the intention of the Reason for it.
framers of our last Prayer Book, that there should
be the same Altar Ornaments in our Churches, as
there were in the second year of Edward VI. For
directions that there should be Altar Ornaments at
all, would, indeed, have been absurd, and in the
teeth of the Orders from time to time issued, that
no Altars should be erected, (s)
In 1550, being shortly after the publication of Removal of
the first Prayer Book of Edward VI., Altars were Altars<
removed, and in the second Prayer Book of
1552, and in the Liturgy, as revised upon the
(r) Lyndw. 236 ; Gibs. Cod. () See Faulkner v. Litchfield,
390. 3 Eccl. and Mar. Cases, 582.
86 LAW OF CHURCH ORNAMENTS AND UTEXSILS.
Altar furniture
consequently
useless.
What to be
placed on the
Communion
Table
During Divine
Service.
Or at Com-
munion time.
Candles cannot
be set up on
the Comtnu-
uion Table.
accession of Queen Elizabeth in 1559, there is no
mention of any Altar, but only of the Communion
Table. We have seen, too, that by the " Advertise-
ments," in 1564, and by a Canon in 1571, a wooden
Table for the Service of the Holy Communion, was
required to be provided in every Church.
The Altar, therefore, having ceased to exist long
before the last revision of the Prayer Book in 1664,
it became impossible to put " two Lights on the
High Altar," or, indeed, to use any Altar Furniture
at all.
It follows, therefore, that as the Communion Table
was not used in our Churches in the second year of
Edward VI., we can only be guided by our own
Canons and Prayer Book, with respect to what, as a
matter of right, may now be placed upon it.
We have seen that, by Canon 82, the Communion
Table is to be covered, during Divine Service, with
a Carpet of Silk, or other decent stuff thought meet
by the Ordinary ; and the Bishop of Exeter allows
the Sacramental Plate to be set out and displayed
upon it.
At the Communion Time it is to be covered with
a Fair Linen Cloth, " and then 50 much Bread and
Wine as he shall think sufficient is to be placed there
by the Priest," but nothing is said about the Lighting
of Candles, or even about Candles or Candlesticks at
all, although the Paten, Cup, Chalice, or Flagon, are
severally mentioned, (t)
Everything, then, being at all times excluded
from the Communion Table, except what is used,
(t) See Judgment of Bishop (Clerk), May 28,1847.
of Exeter In re Parks Smith
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 87
or may be used, in the Service itself,(w) it follows
that neither the Bishop, Clergyman nor Church-
wardens have the right of setting up Candles on
the Communion Table, as they are neither used nor
can be used, in the Communion Service (it)
As Candlesticks were ordered to be removed in other parts
by the Royal Injunctions of 1547, they are not ofchurch -
" Ornaments in this Church of England by authority
of Parliament, in the second year of the Reign of
King Edward VI.," and therefore cannot be set up
in other parts of the Church without the License of
the Bishop.
It would appear, however, that Candles may, by License of the
his authority, be placed at each side of the Com-
munion Table, even within the Rails, for the pur-
pose of lighting the Church during Divine Ser-
vice. And the Bishop of London would, probably,
in this case, as when they are upon the Communion
Table, " see no objection to them, provided that the
Candles are not Burning, except when the Church
is lighted up for Evening Service." (x)
And it is on this principle that in Chapels Royal, Practice in
Cathedrals, and College Chapels, Candles have
always been retained, but have only been used to
assist in lighting these several places, during an
Evening or an early Morning Service.
Where Candles have existed under these cir- The duty of
cumstances for a great length of time, there can be *
no possible objection to them ; but where they have
been recently put up alongside of the Communion
Table, and some of the Parishioners object, it would
(w) See Judgment of Bishop (x) See Bishop of London's
of Exeter In re Parks Smith Charge, October 1842.
( Clerk), May 28, 1847.
88 LAW OF CHURCH ORNAMENTS AND UTENSILS.
be very wrong of the Ordinary to give any sanc-
tion to so paltry a cause of contention, and his proper
course would be, to settle the question by ordering
the Churchwardens to remove them.
Vases of Flowers cannot be put upon the Com-
munion Table, as they are no part of its Furniture,
and, indeed, it does not appear that they were used
even on the Altar, as " Ornaments of this Church by
authority of Parliament in the second year of the
reign of King Edward VI." And it has also been
held that Flowers cannot be used for decorating
any part of the Church.
The Bishop of London, in his Charge of October
1842, says, " I strongly disapprove of the practice of
decorating the Communion Table with Flowers ;
and especially when that decoration is varied from
day to day, so as to have some fanciful analogy
to the history of the Saint who is commemorated.
This appears to me to be something worse than
frivolous, and to approach very nearly to the honours
paid by the Church of Rome to deified Saints."
With respect to decorating Churches with Flowers?
the Bishop of Exeter says, " That such was the
custom in primitive times, admits not of doubt ; but
it can hardly be necessary to say, that this of itself
is no justification of the adoption of such practice
now. If it were, the performance of Divine Ser-
vice, instead of aiming at anything like uniformity,
would vary with the measures of antiquarian learn-
ing, which might chance to distinguish the different
authorities in the several Parishes amon us." (z)
In re Parks Smith (Clerk), May 28, 1847.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 89
The true Cross of Christ was supposed to have THE CROSS.
been found at Jerusalem, by Helena, the mother of
Constantine the Great ; and people were so anxious
to get pieces of it, that in the time of Paulinus, a
scholar of St. Ambrose, and Bishop of Nola, about
the year 420, there was much more of the relics of
the Cross than of the original wood. Wherefore
the Father says " it was miraculously increased ; it
very kindly afforded wood to men's importunate de-
sires, without loss of substance." (y)
In the times of Popery, a Cross for the Dead was Cross for the
required in every Church, and was to be laid on the Dead -
Coffin, or on the Corpse when it was brought to the
Church, (z)
A Cross was also required, for Processions with Cross for
Candlesticks, (a)
There was also to be a Crucifix in every Church, (a) The Crucifix.
The use of the Cross in the Sacramental Table Cross on the
was never heard of during more than the first three Lord ' s Table -
centuries of the Christian Era. Durandus, who
states that the proper place for the Cross is the
Lord's Table, was a Bishop and Canonist of the
thirteenth century, and therefore very little entitled
to our attention on a question respecting the present
law of our Church, even if the reasons stated by him
were as solid, as they are, in truth, shadowy and un-
satisfactory. His principal reason is this, " The
Cross on the Altar is placed in the middle between
the two Candlesticks, because Christ in the Church
is the mediator between the two peoples (the Jews
(y~) See Wheatlyon the Com- Doc. Ann. 151.
mon Prayer, 53. (a) See 1 Cardw. Doc. Ann.
(z) Johns. ; See 1 Cardw. 151, 152.
90 LAW OP CHURCH ORNAMENTS AND UTENSILS.
Condemned
by Royal
Injunctions.
Use of Crosses
favoured by
Queen Eliza-
beth.
Disputation
on the subject.
Order for
their removal.
and the Gentiles), for he is the Corner Stone making
of both one." (5)
In the Royal Injunctions of Edward VI., (c) per-
sons are condemned for superstitiously abusing the
ceremonies of the Church, by " making Crosses of
wood upon Palm Sunday, in time of reading of
the Passion." " A time," says the Bishop of Exe-
ter, " when (if ever), the exhibition of a Cross should
seem peculiarly appropriate." (i)
Queen Elizabeth, it is known, was favourable to
the use of Crosses and Crucifixes, and they con-
tinued to be exhibited in the beginning of her reign,
not merely in her own Chapel, but also in many of
the Churches, (c) Bishop Cox, in writing to P. Mar-
tyr, in August 1559, says, " crucis crucifixi que ima-
ginem in templis tolerare cogimur, cum magno ani-
morum nostrorum cruciatu." (d)
It appears that a disputation was held on this
subject, Parker and Cox (whose sentiments had
undergone a change), having undertaken to defend
the use of Crosses against Grindal and Jewel, who
were most earnest in opposing them. The ques-
tion, however, was soon afterwards set at rest by
the complete removal of Crosses, as appears from a
letter written to Bishop Sandys by P. Martyr, on
the First of April 1560. (e)
In the Injunctions of Archbishop Grindal in 1571,
particular directions were given to the Church-
wardens as to the furniture and other things which
(b) See Per Bishop of Exeter
In re Parks Smith (Clerk), May
28, 1847.
(c) 1 Cardw. Doc. Ann. 268 n.
(d) Hess. Cat. Vol. ii. p. 131.
Zur. Lett. p. 86.
(e) See 1 Cardw. Doc. Ann.
269 n.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 91
they were to provide, and especially for the Com-
munion Table, but no Cross was in the number.
There is, however, in another part, a direction both
to the Churchwardens and to the Minister, to see
that all Crosses are utterly defaced, broken, and
destroyed, within the Province of York. (/)
In 1576, Grindal having become Archbishop of Archbishop
Canterbury, specially includes the following among
the articles to be inquired of within this Province :
" Whether Crosses, and such other relics and monu-
ments of superstition be utterly defaced, broken, and
destroyed." (g)
Now the Bishop of Exeter very fairly observes, observations
that without claiming for these Injunctions and ie Bishop
Articles the authority of law, and without deferring
largely to his judgment, we must at least see in
them conclusive evidence, in the absence of any-
thing to the contrary, that what an Archbishop,
first of York, and then of Canterbury, thus peremp-
torily ordered to be destroyed, could not have been
among the Ornaments, which only twelve years
before, and under the same Sovereign, that Sove-
reign Queen Elizabeth, were ordered by Statute " to
be retained and be in use," because they " were in
this Church of England, by the authority of Parlia-
ment, in the second year of the reign of King
Edward VI." (/)
It may be laid down as law that a Cross cannot Cross cannot
be placed on the Communion Table, as it is no part
of its furniture; and the Bishop of Exeter makes Table.
/ See Judgment of Bishop (0) See 1 Cardw. Doc. Ann.
of Exeter In re Parks Smith 399.
( Clerk), May 28, 1847.
92 LAW OF CHURCH ORNAMENTS AND UTENSILS.
PICTURES
AND PAINTED
WINDOWS.
Injunctions
of King
Edward VI.
Royal Injunc-
tions of Queen
Elizabeth.
Archbishop
Parker's
Articles.
the following sensible remarks on the subject, " If
one person may, at his pleasure, decorate the Lord's
Table with a Cross, another may equally claim to
set a Crucifix upon it, whilst a third might think it
necessary to erect some symbol of Puritan doctrine or
feeling, to mark his reprobation of his Romanizing
neighbour." (z)
Pictures and Painted Windows cannot be set up
in our Churches without the License of the Ordi-
nary, and it would appear that they were not " in this
Church of England by authority of Parliament, in
the second year of the reign of King Edward VI.,"
all pictures and paintings, either in walls or glass
windows, having before that year been ordered to
be destroyed.
In the Royal Injunctions of Edward VI., it is
ordered " that they shall take away, utterly extinct
and destroy, all Pictures, Paintings, and all other
monuments of idolatry and superstition, so that there
remain no memory of the same in walls, glass win-
dows, or elsewhere within their Churches and
houses." (k)
The same is ordered by the Royal Injunctions of
Queen Elizabeth. (/) And in the Visitation Articles
of the first year of her reign in 1559, it is inquired,
" Whether all Pictures, Paintings, &c., be removed
and destroyed." (m)
In the Declaration of Articles put forth by Arch-
bishop Parker in 1559, after his election, with the
concurrence of other Bishops, and used after 1564
(when the Advertisements were used), as authorita-
(t) Judgment of Bishop of
Exeter In re Parks Smith,
(Clerk), May 28, 1847.
(ft) 1 Cardw. Doc. Ann. 17.
(I) Ibid. 221.
(i) Ibid. 242.
OF THOSE UNNECESSARY OR SUPERSTITIOUS. 93
tive, it is said, " Last of all, I do utterly disallow the
extolling of Images, Relics, and Feigned Miracles,
and also all kind of expressing God invisible in the form
of an Old Man, or the Holy Ghost in the form of a
Dove, and all other vain worshipping of God." (n)
In our present Churches, however, Painted Win- state of our
dows are common, and many Fresco Paintings are present
. . I . ? , . Churches,
still in existence, covering large portions or their
walls. Several of these have been discovered by
accident, having long been concealed and kept
from destruction by coats of whitewash. (0) Altar-
pieces, so called, are also found in many of our
Churches, painted in oil, and representing a great
variety of subjects.
Coats of Arms if regularly placed in any Win- Coats of
dow, or Monument in the Chancel or Churchyard,
cannot be beaten down or defaced by the Parson,
Ordinary, Churchwardens, or any other ; and if they
be, the heirs by descent interested in the Coat of
Arms may have an action on the case, (p)
If any improper Ornament be put up, but not Removal of
fixed to the Fabric, the Ordinary may at once order J^Ttfe
it to be removed, and, in case of neglect or refusal, Fabric,
criminal proceedings may be taken.
Thus a criminal proceeding was instituted by the Criminal
Bishop of Exeter against a Clergyman in his Diocese P roceedm B*
" for placing, or causing to be placed, and suffering
to remain during Divine Service, in various parts of
the Chapel, and especially on the Communion Table,
certain Ornaments, or other unauthorized things,
being against the laws ecclesiastical." (q)
(n) 1 Cardw. Doc. Ann. 266. (p] Fran cest?. Ley. Cro.Jac.367.
(o) See Poole's Church Ar- (q) See In re Parks Smith
chitecture, 103. (Clerk), May -28, If47.
94 LAW OF CHURCH OliNAMENTS AND UTENSILS.
Commission
of Inquiry.
Punishment.
Removal of
Ornaments
fixed to the
Fabric.
License of the
Ordinary.
Trial of the
question.
A Commission of Inquiry was issued against the
Clergyman under the Church Discipline Act, (r)
and it appeared that the Ornaments placed by the
Clergyman, or by others under his permission, on
the Communion Table, prepared for the administra-
tion of the Lord's Supper on Easter Day, were two
glass vases containing Flowers, and a Cross about
two feet high decked with Flowers, (s)
The Clergyman admitted in writing the truth of
the charges, and consented that the Bishop of
Exeter should pronounce sentence. He was ac-
cordingly admonished not again to offend in like
manner, and ordered to pay the costs of the pro-
ceedings, (s)
If, however, an improper Ornament be fixed to
the fabric of the Church, then it is doubtful whether
it can be removed without first calling upon the
Parishioners to shew cause, and trying the case in
the Ecclesiastical Court.
Thus it was held that if any superstitious Pictures
are in a window of the Church or Aisle, it is not
lawful for any to break them without License of the
Ordinary ; and in Pricket's case, Wray, C. J.,
bound an offender to his good behaviour, (t)
So also the Parishioners of All Hallows, Barking,
in 1639, complained to the Bishop of London that
certain Pictures and Images, contrary to the laws
of the Church of England, had been set over the
Font of their Church, and that the Communion
(r) 3 & 4 Viet. cap. 86, s. 3.
(*) See In re Parks Smith
(Clerk), May 28, 1847.
(t) 1 Burns's Eccl. Law, 374 ;
Pricket's Case, cited Day v. Be-
dingfield Noy, 104 ; Frances v.
Ley. Cro. Jac. 367.
OP THOSE UNNECESSARY OR SUPERSTITIOUS. 95
Table was not in its usual place. The Bishop's
Chancellor, after trying the question decreed that
the Pictures be taken down, (t)
And even when Ornaments have been improperly Arms impro-
put up, they must be regularly taken down. Thus P** 1 * put up '
where Sir Thomas Bury set up his Arms in the
Church of St. David's, Exeter, and they were or-
dered to be defaced, the Ordinary had first pro-
moted a Suit in the Spiritual Court. (&)
(*) Gibs. Appendix, 1465. () Palmer v. Bishop of Exeter,
1 Stra. 375.
96 LAW OF CHURCH ORNAMENTS AND UTENSILS.
CHAPTER IV.
OF THE PROPERTY IN THEM.
Dedication of Goods to the
Parish 97
There must be an intention
to do so id.
The mere fact of placing
not sufficient id.
Hanging up Ornaments in
a Church id.
Understanding with the
Rector 98
Who has no property ex-
cept by agreement id.
Action maintained against
him id.
Ornaments in a Bishop's
Chapel id.
Hanging Sells in a Steeple 99
Agreement with Church-
wardens id.
They have the custody of
the goods id.
But not of the Title Deeds
of the Advowson id.
They have care of the
Goods 100
When added to the Church id.
And must see that they are
kept in Order
Homily on the subject ....
Churchicardens may take
money by legacy, gifts,
5-c 101
Application of it 101
Churchwardens a Corpora-
tion for the goods id.
May bring trespass for
taking them id.
As the Organ, for instance, id.
Their successors may main-
tain the Action 102
How the Damage should be
laid id.
Alienation under the Civil
Law id.
Under the Law of England id.
Certain consents necessary. 103
Or the transaction is void- id.
Churchwardens must ac-
count id.
Parishioners cannot bring
an action for waste .... id-
But must make new
Churchicardens id.
Who may sue their prede-
cessors . . id.
Decision on the subject. ... 104
What held to be sufficient
excuse id.
Taking away Church goods id.
Churchwardens cannot be
indicted id.
Even for stealing the Bell
ropes id.
OF THE PROPERTY IN THEM. 97
For they have the possession 105
Burglary in a Church .... id.
Breaking into a Church or
Chapel id.
What sort of Chapel .... id.
Stealing any Chattel 106
Tower part of the Church, id.
Vestry part of the Church 106
Church goods may be laid
on Parishioners 107
Goods of a Dissenting
Chapel id.
How Books belonging to
such place may be laid .. id.
A person may give or dedicate goods to God's Dedication
service in such a Church, and deliver them into the the S Parish
custody of the Churchwardens, and thereby the
property is immediately changed, (a) And indeed,
by the Laws of England, in the time of Popery, if
a stranger had taken even another person's goods,
and offered them to an Image in a consecrated
Church, this would have made as good a change in
the property, as if they had been sold in market
overt, (b)
But in order, however, to make goods Parish There must
property, there must have been an intention on the t * ^ t(
part of the owner, to dedicate them to the Parish ;
and there must be some evidence of such intention,
to j ustify the conclusion that he has done so. (c)
For the mere fact of placing goods in the Church, The mere fact
does not make them Parish property, even though, g^gj?;^ not
as in the case of gas-fittings for lighting the Church,
they are of a character to benefit the Parishioners
generally, and not merely the person placing them
there, (c)
No person has a right to hang up what are called Hanging up
Ornaments in
a Church.
(a) Degges, P.C., Parti, chap. 91a ; Degges, P.C., Part i. chap.
12 ; 11 Hen. IV. 12 ; Cro. Car. 12.
343. (c) Moore v. Cook, M. S.
(V) 34 Hen. VI. 10; Coke 10, 1841, cited Prideaux's Church-
wardens' Guide, 266.
H
98 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Understanding
with the
Rector.
Who has no
property ex-
cept by agree-
ment.
Action main-
tained against
him.
Ornaments in
a Bishop's
Chapel.
Ornaments in a Church without leave of the Rector,
because the freehold of the Church is in him, and
he may make his own terms for that leave, (d)
In general, when private individuals hang black
cloth in the Parish Church, with the concurrence of
the Rector, there is a kind of understanding between
them, that the cloth becomes the property of the
Rector, (d)
But where no bargain has been made with respect
to the terms upon which the cloth is to be hung in
the Church, the Rector has no right to take any
portion of it, because by law he is not entitled to
take such a property, unless by matter of agreement
between the parties to whom it belongs, (d}
And under such circumstances, when the Church
of St. John the Baptist, Margate, had been hung
with black cloth in respect to the memory of the
late Princess Charlotte, and the Rector had con-
verted it to his own use by having it made up into
coats, waistcoats, and other articles of apparel, the
Churchwardens brought an action against him, and
obtained a verdict of 15Z. for the value of the
cloth, (d)
If a Bishop put up Ornaments in his Chapel, the
See is entitled to them at his death. This was so
declared in the Bishop of Carlisle's case, (e) and is
pleaded by Lord Coke, in the case of Corven v.
Pym, (/) as good law, that although other Chattels
belong to the executors of the deceased, and shall
not go in succession, yet the Ornaments of a Chapel
(d) Cramp & another v. Bayley
{Clerk), Kent Spr. Ass. 1819.
(e) 21 Edw. III. cap. 48.
(/) Corven . Pym. 12 Rep.
105.
OF THE PROPERTY IN THEM. 99
of a preceding Bishop "belong to the succeeding
Bishop, and are merely in succession, (g)
And if a man hang up Bells in a Steeple, they Hanging Bells
become Church goods, and are, by Act of Parlia- in a Steeple '
ment (A), parcel of the freehold of the Church ; and
he cannot afterwards remove them, for if he does,
he may be sued by the Churchwardens, to whom
the custody and possession of the goods of the
Church belong, though the property of them is in
the Parishioners, (i)
A Parishioner had a house so near the Church, Agreement
that a five o'clock Bell rung in the morning dis- jj^?" 11 "
turbed her. She therefore came to an agreement
in writing with the Churchwardens and Inhabitants
at a Vestry, that she would build a Cupola and
Clock at the Church, in consideration whereof the
Bell was not to ring at five o'clock during her life.
And this was held to be a good agreement in Chan-
cery, (k)
The Churchwardens are the guardians or keepers The y have the
i /.ini/.i /-IT it custody of the
and representatives of the body of the Church ; they goods.
are in its favour for some purposes a kind of Corpo-
ration, being enabled by that name to have a pro-
perty in goods and chattels, and to bring actions for
them. (I)
But they have not, virtute ofKciL the custody of But not of
the Title-Deeds
of the Ad-
vowson.
(gr) Gibs. Cod. 171. bella Howard his Wife w. Nutkin
(h) 11 Hen. IV. cap. 12. and another, 2 Williams, 266.
(i) Degges, P.C. Part i. chap. (1} 1 Bla. Com. 394 ; Gibs.
12 ; Starky v. Churchwardens of Cod. 243; and see Smith v. Ad-
Watlington, 2 Salk. 547. kins, 8 M. & W. 370.
(4) Dr. Martin and Lady Ara-
ii 2
100 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Church-
wardens hare
care of the
goods.
When added
to the Church.
And must see
that they are
kept in order.
Homily on the
subject.
the Title-Deeds of the Advowson, though they are
kept in a Chest in the Church, (m)
The duties of the Churchwardens were originally
confined to the care of the ecclesiastical property of
the Parish, over which they exercise a discretionary
power, for specific purposes. In all other respects,
it is an office of observation and complaint, (n)
Whenever anything is legally added to the Fa-
bric of the Church, to its Utensils, Churchyard or
appurtenances, by the requisite consent and license,
it thenceforth becomes the charge of the Church-
wardens to take care of it, and they are obliged to
repair, amend, and renew it, when necessary, in the
same manner as other particulars belonging to the
Church, (o)
The Churchwardens or Questmen are to take
care, that all things in the Church be kept in "such
an orderly and decent sort, without dust, or anything
that may be either noisome or unseemly, as best
becometh the house of God, and is prescribed in a
Homily to that effect." (p)
Thus in " the Sermon for repairing and keeping
clean of Churches," the following passage appears :
" For like as men are well refreshed and comforted
when they find their houses having all things
in good order, and all corners clean and sweet ; so
when God's house, the Church, is well adorned,
with places convenient to sit in, with the Pulpit for
(m) Gardner v. Parker, 4 T. R.
361.
(n) Hutchins v. Denizitoe, 1
Hag. CC. 173.
(o) Prid. 51.
(p) Canon 85 ; And see Homily
" For repairing and keeping
clean and comely adorning of
Churches."
OF THE PROPERTY IN THEM. 101
the Preacher, with the Lord's Table for the Minis-
tration of his Holy Supper, with the Font to
christen in, and also is kept clean, comely, and
sweetly, the people are more desirous and the more
comforted to resort thither, and to tarry there the
whole time appointed them." (q)
Churchwardens, upon being elected or appointed, Church-
and making the Declarations required by 5 & 6 Se'monT^
William IV., cap. 62, s. 9, and being sworn in, are t>y legacy,
so far incorporated by operation of law, as to be
capable of taking and holding Money or Goods by
gift, legacy, &c., to the use of the Parish, and for
the benefit of the Church, (r)
And if a Pecuniary Legacy be given to a Parish Application
Church, it does not belong to the Rector or Vicar,
but to the Churchwardens for the Repair of the
Church, and the improving and adorning the
same, (s)
The Churchwardens are a Corporation by cus- Churchwar-
tom, to sue and be sued for the Goods of the JjJJJS
Church ; and they may purchase Goods, but not the goods.
Lands, except it be in London by custom, (f)
A Churchwarden may have an action of trespass, May have
for taking the Goods of the Parish, as they are in
his custody, (u)
So if a man take the Organ out of the Church, the As the Organ,
Churchwardens may have an action of trespass against
(q) The Second Tome of Homi- (#) Jones 439 ; Cro. Car. 532 ;
lies. 4 Vin. 525 m. ; 1 Ld. Ruegm.
(r) See Grant on Corporations, 337 ; Co. Lit. 3.
600; 2 P. Wins. 125. (u) Rex . Rees, 12 Mod.
(s) Attorney-General . Ruper, 116.
2 Williams, 125.
102 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Their succes-
sors may
maintain the
action.
How the
damage
should be
laid.
Alienation
under the
Civil Law.
Under the
Law of
England.
him, because the Organ belongs to the Parishioners.,
and not to the Parson, (x)
If the Churchwardens for the time being, neglect
to bring an Action, for any of the Goods of the
Church taken away, their Successors may bring
trespass for them in respect of their Office, (i/) and
this view is confirmed in another case by Sir Joseph
Jekyll, Master of the Rolls, (z)
But in declaring for such trespass, the new Church-
wardens must say, ad damnum Parochianorum, not ad
damnum ipsorum. (a)
By the Civil Law, the Goods belonging to a
Church were forbidden to be alienated or pawned,
unless for the redemption of captives, for relief
of the poor in time of great famine and want, or
for paying the debts of the Church, if a supply
could not be otherwise raised, or upon other cases of
necessity or great advantage in the Church. And
in every alienation the cause was to be first exa-
mined, and the Decrees of the Prelate intervene,
with the consent of the whole Clergy or Chapter, (b)
By the Law of England, however, the Goods
belonging to a Church may be aliened ; but the
Churchwardens alone cannot dispose of them. The
consent of the Parish must be had because they are
their Goods, and also the License of the Ordinary,
because they appertain to holy things, of which he
has the care and ordering, (c)
(or) Buckside's Case, 1 Rol.
Abr. 393.
(y) Churchwardens of Fother-
ston's Case, 1 Leon. 177.
(2) Attorney General r. Ruper,
2 Williams, 126.
(a) Hadman v. Ringwood, 3
Croke, 179.
(b) Wood's Civil Law, 142.
(c ) See Prid. 123.
OF THE PROPERTY IN THEM. 103
Thus, for instance, if the Churchwardens would Certain con-
sell an old Bell towards other Repairs, or put off 8entsnece8sai y-
old Communion Plate to buy New, or dispose of
any other of the Goods of the Church, although to
the use of the Parish, they cannot do it without the
consent of the Parish, and the License of the Ordi-
nary. (e)
Should any such goods be disposed of without Or the trans-
consent of the Parish, the whole transaction is void a
in law. (d)
But if the Churchwardens shall, with such con- Church-
sent, have sold any of the Church Goods, they must
of course account for the proceeds to the Parish.
But though the Goods of the Church belong to Parishioners
the Parishioners, it has been held that they cannot a^act^Sfr
have an action against the Churchwardens, for waste.
wasting any of them, (e)
The Parishioners, in such case, must make new But must
Churchwardens, and though a Parish prescribe to Church 6
choose two Churchwardens, who shall continue in wardens.
office for two years, yet the Parish may, notwith-
standing the prescription, remove such Church-
wardens at their pleasure, and choose new ones.
For the Parish might suffer great loss, if the
Churchwardens should continue so long in office,
contrary to their will, for in that time they might
waste all the Parish Goods belonging to the
Church. (/)
And the succeeding Churchwardens may have an Who may
sue their
predecessors.
(d) Prid. 124. Wats. 400 ; 1 Danv. Abr. 788
(e) Bro. " Corporations," 56 ; 2 Cro. 845.
(/) 13 Coke, 70 ; Wats. 400.
104 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Decision on
the subject.
What held to
be sufficient
excuse.
Taking away
Church goods.
Church-
wardens cannot
be indicted.
Even for
stealing the
Bell ropes.
action against their predecessors for the Goods of
the Parish. (y}
And indeed it has been held, that Churchwardens
de facto may maintain an action against a former
Churchwarden, for money received by him for the
use of the Parish, though the validity of their
election to the office be doubtful, and though they
be not his immediate successors. (A)
But the Churchwardens and Parishioners, may
agree to take down a ruinous Bell, and deliver it
to a Bell founder, and promise to pay him a
certain sum for recasting it, giving him liberty to
retain it till the Money be paid. And such
Agreement was held to excuse the Churchwardens,
in a Writ of Account brought against them by their
Successors, (z)
It is said, that he who takes away the Goods
of a Chapel or Abbey, in time of vacation, may be
indicted, in the first case, for stealing, bona capella,
being in the custody of such and such ; and, in the
second, for stealing, bona domus et ecclesice, fyc. (It)
The Churchwardens may be punished in the Ec-
clesiastical Courts, but not indicted for misconduct
with respect to Property belonging to them as
Churchwardens. (Z)
Therefore, an Indictment for Larceny cannot be
supported against a Churchwarden, for stealing the
() Bex v. Morgan Rice, Comb.
417.
(h) Turner v. Baynes, 2 Hen.
Bla. 560.
(i) Methold, v. Winn, 1 Rol.
Abr. 393.
(K) 1 Hale, 512; 2 Hale, 81 ;
1 Hawk. P.O., c. 33, s. 45 ; 2 East
P.C.. c. 16, s. 69, p. 651 ; 1 Russ.
Crimes,. 845.
(1) Welernev. Lake, 1 Sid. 281.
OF THE PROPERTY IN THEM. 105
Bell-ropes of the Parish Church, for which he is the
Churchwarden. (t)
For as it is laid down by Hawkins, (n) he has pos- For they
session of the Goods of the Church, in contradis-
tinction to the mere charge of Goods, such as a butler
or cook have of their masters' goods.
At common law, if any person during the night Burglary in
time breaks and enters a Church, he is guilty of a
Burglary. For Ecclesia est domus mansionalis Omni-
potentis Dei, and to break into the Mansion-house
of any one in the night, with a felonious intent, is
Burglary, (o)
If any person break and enter any Church or Breaking into
Chapel, and steal therein any chattel, or having
stolen any chattel therein, break out of the same,
every such offender shall suffer death as a felon, (p)
But this punishment has since been altered to trans-
portation for life, or for any term of years not less
than seven, or to be imprisoned for any term not
exceeding three years, with or without hard labour,
and for such period of solitary confinement as the
Court may direct, (q}
The word " Chapel " in the Statute has been con- What sort of
Chapel
strued not to apply to Chapels of Dissenters. Thus
when the prisoner was indicted for breaking and
entering a Chapel, which appeared from the evi-
dence to be a Dissenting Chapel, Mr. Justice Ga-
selee and Mr. Baron Vaughan, held that the Statute
(m) Jackson v. Adams, 2 NX. (p) 7 & 8 Geo. IV. cap. 29,
408. s. 10.
(n) Hawk. P.C., Appeals, s. 44. (q) 6 & 7 Will. IV. cap. 1;
(o) 3 Inst. c. 14, p. 64 ; 1 and see 7 Will. IV. & 1 Vkt. cap.
Hale, P.C., 656. 90, s. 5.
106 LAW OF CHURCH ORNAMENTS AND UTENSILS.
Stealing any
chattel.
Tower part
of the Church.
Vestry part of
the Church.
applied only to Chapels of the Church of England ;
because when the Legislature meant to protect the
Chapels of Dissenters they expressly mention them,
as in 7 & 8 Geo. IV. c. 30, s. 2. (r)
The words " any chattel," would probably be
held to extend to articles in a Church or Chapel,
which are not used for Divine Service. For the
words " any goods," in the repealed Statute, 1 Ed-
ward VI., cap. 12, were held not to be confined to
Goods used for Divine Service, but to extend to
articles used in the Church to keep it in repair, as
a Pot used to hold Charcoal for airing the Vaults,
and a snatch block used to raise weights, if the Bells
wanted repair, (s)
Two Surplices and a Scarf, were stolen from a
Box kept in a Church Tower. This Tower was
built higher than the Church, and had a separate
Roof, but no outer Door, and was only accessible
from the body of the Church, from which it was
not separated by any partition, it was held that
this Tower was a part of the Church, within the
meaning of 7 & 8 George IV cap. 29, s. 10. ()
The Vestry of a Parish Church used for robing
purposes, was broken open and robbed. It was
formed out of what before had been the Church
Porch, but had a Door opening into the Church-
yard, which could only be unlocked from the inside.
It was held that this Vestry was as much a part of
the Fabric of the Church, for the purposes of an
(r) Rex v. Warren, 6 C. & P.
335 n ; see also Rex v. Nixon,
7 C. & P. 442.
(*) Rex v- Rourke, R. & R. 386.
(f) Rex . Wheeler, 3 C. & P.
585.
OF THE PROPERTY IN THEM. 107
indictment for sacrilege, as the Communion Table
or the Nave, (u)
It has been holden that when the Bells, Books, Church good*
or other Goods belonging to a Church are stolen, p^i^oners! 11
they may be laid in the indictment, to be the Goods
of the Parishioners, (x)
The Goods in a Dissenting Chapel, vested in trus- Goods of a
tees, cannot be described as the Goods of a servant,
who has merely the custody of the Chapel and
things in it, to clean and keep in order, though he
has the key of the Chapel, and no other person but
the Minister has the other key. (y)
But Books belonging to a Society of Dissenters, How Books
and stolen from the Chapel, may be described as guch^piace
the property of one of the members of the society, m ay be laid -
by name " and others." Upon an indictment for
stealing a Bible and Hymn Book, the property of
J. Bennett and others, it appeared that the Books
had been presented to the Society of Wesleyan
Methodists, from whose Chapel they had been
stolen ; and that they had been bound at the ex-
pense of the Society. Bennett was one of the trus-
tees of the Chapel, and a member of the Society,
but no trust-deed was produced, it was held that as
Bennett was one of the Society, the property in the
Books, was well laid in him " and others" (z)
() Reg. v. Evans, 1 C. & Crimes, 845.
Marsh, 298. (y) Rex v. Hutchinson, R. &
(x) 1 Hale, 512 ; 2 Hale, 81 ; R. 412.
1 Hawk. P. C. c. 33, s. 45 ; 2 East, (z) Rex v. Boulton, 5 C. & P.
P.C.c.16,8. 69, p. 651; 1 Russ. 537.
INDEX.
Albe 51
Alienation of Church Goods . . 102
Alms 29
Altar 16
Alterations in a Church 69
Amyt 52
Ancient Ornaments 10
Antiphoner 40
Apparel of Ministers 60
Archdeacons 50
Arms i 93
Banns 46
Baptisms 44
Bells 10, 38
Bible 41
Bier for the Dead 39
Bishops' Dress 53
Books 39
Book of Burials, &c 44
Bread and Wine 26
Burglary in a Church 105
Burials 44
Candles 82
Candlesticks 83, 87
Caps 61
Cassock 60
Chairs 31
Chest 29
Chesuble 52
Chimes 2
Chosen Sentences 44
Churchwardens a Corporation... 101
Churchwardens' duty 100
Churchwardens order the Orna-
ments 8
Clerk's Desk 35
Clock 2
Coats of Arms 93
Coif 61
Communion Plate 24
Communion Table 20
Consent of Parish 64
Control of Bells 39
Cope ... 52
Couchers 39
Cover for Communion Table . . 24
Cover for consecrated Elements 24
Credence Table 20
Crosses 89,91
Crucifixes 89
Custody of Church Goods 99
Death Bell 38
Desks 31, 33
Dial 2
Disputes about Vestures .... 53, 55
Dissenters' Chapel 106
Doublet 61
Dress of the Clergy 60
INDEX.
109
Eagle Desks 33
Escutcheons 80
Faculty 72, 74
Failed Stool 34
Flowers 88
Font 14
Fund for Organist 75
Gallery 65
Gas-fittings 97
Girdle 52
Glass windows 92
Gown 55,58
Graduates 50, 56
Grail 40
Hatchments 80
Homilies 43
Hood 49,54,59
Images 78
Inhabitants 9
Invitatories 40
Journals 39
of Belfry 39
Lectern 33
Lecturers 56
Legend 41
Licensed Preachers 56
Lights 82
Litany 35
Manual 40
Maniple 52
Marriages 44, 46
Missal 40
Monks 60
Night Caps , 61
Occupiers 9
Offertory 29, 57
Ordinal 41
Organs 70
Organist 76
Osculatory 28
Pacem 28
Paintings 92
Paraphrases of Erasmus 41
Parish Register 44
Parishioners 9
Passing Bell 38
Pastoral Staff 53
Pews 65
Pictures 92
Pies 39,41
Piscina 27
Popish Books 39
Portuasses 39
Prayer Books 42
Primers 39
Processionals 39
Pulpit 36
Pulpit Cloth 2
Quire .
57
Rails for Communion Table . . 62
Reading Desk 31
Reading Pew 33
Regals 70
Register 44
Restoring a Church 69
Restoring Ornaments 9
Rochette 62
RoodLoft 81
Rood Skreen 81
Sacrilege
Salary of Organist
107
74
110
INDEX.
Sedilia 36
Sentences 44
Shrines 82
St; aling in a Church 105
Stealing the Bells, &c 104, 106
Steeple 99, 106
Stockings 61
Stole 52
Stone Fonts 14
Stone Table 16,18
Surplices 47
Table 18
Table of Degrees 44
Ten Commandments 44
Terriers 46
Title Deeds of Advowson 99
Tombs 80
Tombs of the Martyrs 16, 17
Tunicle 52
Tuning Bella 39
Universities 56
Vestry 106
Vestures 5, 47, 53
Windows 92
Wine (see Bread and Wine).
London; Printed by STBWAKT and MUSRAI, Old Baiiey.
Just Published in Post Svo, Price 5*.
THE LAW OF PEWS
IN CHURCHES AND CHAPELS;
INCLUDING
THOSE BUILT UNDER THE CHURCH BUILDING ACTS :
WITH A CHAPTER ON
PROHIBITION.
BY GEORGE HENRY HEWIT OLIPHANT,
07 TRINITY COLLEGE, CAMBRIDGE, B.A., AND OP THE INNER TEMPLE, ESQ., BARKISTEB-
AT-LAW; AUTHOR OP "THE LAW OF HORSES," ETC. ETC.
OPINIONS OF THE PRESS.
" A plain and succinct digest of the law upon this subject, so far as it is
settled. ' ' Spectator.
" We have often had occasion to regret that some useful book, which would
simply and clearly define the law relating to Pews in churches and chapels,
had not been published ; for there is no subject which our ' parish lawyer'
finds more frequently put before him than to state the law respecting Faculties,
and the right to Seats in places of public worship. Henceforth, the labour in
this respect will be much diminished, for the desideratum is at length supplied
by this volume, to which all persons who are anxious to learn what is the law
on this li'igated point may refer, with the assurance of being correctly ad-
vised." Bell's Messenger.
11 The Author has shown deep research, considerable judgment, and pro-
found learning, in the accomplishment of his difficult but interesting task.
All irrevelant matter has been carefully excluded, and the work itself, which is
compressed into less than 200 pages, must be welcomed as a valuable com-
pendium of the Law of Pews "Morning Herald.
" It is a book to be profitably studied by those who wish to make them-
selves masters of the Law therein particularly discussed ; and it may be as
profitably consulted or referred to by all who want immediate information on
the questions there ably treated by the painstaking Author. In either respect,
we may safely prophesy that none who open its pages to seek for instruction
will have to close them in disappointment." The Church and State Gazette.
" Mr. Oliphant has minutely expounded the law, beginning with the order-
ing and disposing of Seats, and passing thence to treat of Faculties for Pews,
of reservations, of a possessory title, of the selling and letting of Pews, of
additions and alterations to them, of building and repairing them, and finally
of prohibition. The long list of cases cited, shows the laborious industry
which the Author has brought to his task ; and they whom the subject
concerns will find here whatever information exists, methodically arranged,
and minutely but clearly stated." Law Times.
LONDON : LONGMAN, BROWN, GREEN, AND LONGMANS.
Also, just published, by the same Author, Post 8vo, Price St.,
THE LAW
OF
CHURCH ORNAMENTS AND UTENSILS,
INCLUDING
COMMUNION TABLES, VESTURES, ORGANS,
CANDLES, AND CROSSES.
In Post Sco, Price 3s.
THE METROPOLITAN INTERMENTS ACT;
WITH
EXPLANATORY NOTES, AN APPENDIX,
AND INDEX.
" This edition of the act has been compiled by Mr. Oliphant with much
care ; and from its size and arrangement will be found most useful to the
numerous classes ( whether lay or clerical) whose interests are affected by it.
Mr. Oliphant has judiciously inserted in the Appendix portions of 10 & 11
Viet. cap. 65, relating to Cemeteries, and has furnished a very comprehensive
Index to every part of the Statute." Morning Herald.
In Post Svo, price 7s. 6rf.,
THE LAW OF HORSES, RACING,
WAGERS ; AND GAMING.
Shortly will be published by the same Author, Post 8o f
THE LAW OF BURIAL
Also, in Post Svo.
THE LAW OF DILAPIDATIONS.
LONDON : LONGMAN, BROWN, GREEN, AND LONGMANS.
= J
AN ALPHABETICAL CATALOGUE
OF
NEW WOEKS
IN GENERAL AND MISCELLANEOUS LITERATURE,
PUBLISHED BY
MESSRS. LONGMAN, BROWN, GREEN, AND LONGMANS,
PATERNOSTER ROW, LONDON.
CLASSIFIED INDEX.
Agriculture and Rural Pages
Affaif* Maunder'* Treasury of Knowledge - - 20
AHairS. f) ScientiScandLiteraryTreasnry 19
Pages ,, Treasury of History - - 19
Bayldon on ValuingRents.ctc. (i ,, Biographical Treasury - - 20
Cecil's Stud farm -
Loudoii's Kncyclopicdia of Agriculture -
,, Self-Instruction for Farmers, etc.
,, (Mrs.) Lady'sCountry Companion
Low's Elements of Agriculture
,, Oil Landed Property ...
Arts, Manufactures, am
Architecture.
Addison's Knights Templars -
Bourne's Catechism of the Steam Engine
brande's Dictionary of Science.etc. -
Cresv's Encycl. of Civil Engineering
Eastlake on'Oil Painting
Gwilt's Encyclopedia of Architecture -
Jameson's Sacred and Legendary Art 13,
London's Rural Architecture -
Moseley's Engineering and Architecture
Steam Engine (The) ,oy the Artisan Club
Tate on Strength of Materials -
lire's Dictionary of Arts, etc.
Biography.
Baines'sLifeofBaines - -
bunsen's Hippolytus -
Koss's Judges ol England
Holcroft's Memoirs -
Holland's (Lord) Memoirs
Gardner's Cabinet Cyclopedia
Maunder'sBiographicnlTreasury -
Southey's Life of Wesley
., Life and Correspondence
Stephen's Ecclesiastical Biography
17 1'ycroft's Course of Knglisli Reading - 23
Ifi Recce's Medical Guide - ... S3
16 Rich's Companion to the Latin Dictionary 23
17 Riddle's Latin Dictionaries and Lexicon 24
17 ,, and Kreund's Latin Lexicon - 24
Rogers'* Vegetable Cultivator - - 24
. Roget's English Thesaurus - - - 25
Rowton's Debater ----- 25
Stud (The) for Practical Purposes - 11
5 Thomson'slnterestTablcs - ' - - 30
g Traveller's Library - .... 29
5 Webster'sEucycl.ofDomcsticEconomy 32
8
g
H Botany and Gardening.
y. Conversations on Botany - - 8
" Hooker's British Flora - - 12
.,'' ., Guide to Ke\y Gardens - 12
f? Lindler's Introduction to Botany . 16
J1 Loudon's HortusBritnnnicus - . 17
,, EucyclopoediaofTrce8& Shrubs 17
,, ,, Gardening - 17
Encyclopedia of Plants - - 17
. ,, Self-Instruction for Gardeners Hi
,, (Mrs.) Amateur Gardener - 16
.'. Rivers's Rose Amateur's Guide - - 24
||j Rogers's Vegetable Cultivator - - 24
12
a. Chronology.
27
27 Blair's Chronologicnl Tables - - fi
28 Bunsen's Ancient Egypt - - - 7
30 Haydn's Book of Dignities - 11
3U Nicolas'* Chronology of History - - 15
31
Commerce and Itercantile
. Affairs.
5 Francis's Bank of England - - - 10
6 English Railway - - -JO
7 Stock Kxchange - - - 1(1
12 Lindsay's Navigation Laws ... 10
" J r S Wesley
Townsend's Twelve eminent Judges
Waterton's Autobiography and Essays -
Books of General Utility
Acton's (Eliza) Cookery Book
Black's Treatise on Brewing - - -
Cabinet Lawyer (The) - ...
Hints on Etiquette
,, On Making Wills
Lardner's Cabinet Cyclopedia
Loudon's Self Instruction ...
,, (Mrs:) Amateur Gardener
<* ,
13 M'Culloch's Dictionary of Commerce 18
15 Steel's Shipmaster's Assistant 2S
16 Synions' Merchant Seamen's Law - S8
16 Thomson's Tables of Interest - . 30
: ~ - n
London: Printed by M. MASON, Ivy Lane, Paternoster Kow.
CLASSIFIED INDEX
Page.
Criticism, History, and
IVIemoirs.
Howitt's Boy's Country Book - - - 12
., Children'. Year - - 12
Pages
Addison's Knights Templars - - - o
Margaret Perciyal - - - - 25
Marryat'sMasterman Ready - - 19
Balfour's Sketches of Literature - -
Blair's Chron. and HistoricalTables - 6
Priyateer's-Man - - 19
.'. Settlers iu Canada - - 19
Bunseu's Ancient Egypt - 7
Mission; or, Scenes in Africa 19
,, Hippolytus - - - 7
Conybearc and Howson's St. Paul - - h
Pycroft's Course of English Reading - 23
Dennistoun's Dukes of Urbiuo - - S
Eastlake's History of Oil Painting - S
Foss's Judges of England - - - 1(1
Francis's bank of England - - - 10
Medicine.
English Railway - - - 10
Stock Exchange - - - 10
Gurnev's Historical Sketches - " - 11
Bull's Hints to Mothers - - - 7
Harrison On the English Language - 11
Holland's (Lord) Foreign lUminis-
Carpenters Varieties of Mankind - - /
Copland's Dictionary of Medicine - - 8
cences ----- 12
Holland's Medical Physiology - - 12
Whig Party - - 12
Latham On Diseases of the Heart - . 16
Jeffrey's (Lord) Contributions - - 14
Moore On Health, Disease, and Remedy 20
Kemblc's Anglo-Saxons iu England - 14
Lardner's Cabinet Cyclopedia - - 1=
Pereira On Food and Diet - 23
Recce's Medical Guide - -23
Macaulay's Essays - " " J.
History of England - - 17
Mackintosh's Miscellaneous Works - 18
M'Culloch's Dictionary, Historical, Geo-
Miscellaneous
Maumier C 's 'iVeasurVot History - - 19
and General literature.
Mcriyale's History of Rome - - - 20
Mosheim's Ecclesiastical History - - 21
Mure's Ancient Greece - - - 21
Rich's Companion to the Latin Dictionary i3
Riddle's Latin Dictionaries - - 24
and Frennd' Latin Lexicon - 24
Bailcv's Discourses ----- 5
Theory ol Reasoning - - - 5
Carpenter's Varieties of Mankind - - 7
Graham's English ----- 10
Rogers'* Essays from the Edinburgh Key. 24
Hotel's English Thesaurus - 2
Schmitz's History of Greece - 30
Schomberg's Theocratic Philosophy - 25
Shepherd's Church of Rome - - - 26
Sinclair's Popish Legends - 26
Smith's (S.) Lectures on Moral Philosophy 26
Southey's The Doctor etc. - - - 27
Stephen's Essays in Ecclesiastical Bio-
graphy - - - 29
Lectures on the History of
France - ----- 8
Haydn's Beatson's Index - - H
Holland's Medical Physiology - - 12
Hooker's Kew Guide - IS
Howitt's Rural Life of England - - 13
Visits to Remarkable Places - 13
Jeffrey's (Lord) Contributions - - 14
Lardner's Cabinet Cyclopcedia - - 15
Loudon's(Mrs.)Lady'sCountryCompanioil 16
Macaulay's Critical and Historical Kssavs IS
Mackintosh's (Sir J.) Miscellaneous Workt 18
Maitland's Church in the Catacombs - 18
Pascal's Works, by Pearce - 22
Sydney Smith's Works - 26
i Taylor's Loyola 30
Wesley ----- 30
Pycroft's Course of English Reading . 23
Rich's Companion to the Latin Dictionary 23
Riddle's Latin Dictionaries and Lexicon 24
Thirl'i-all's History of Greece - - - 30
Tooke's Histories of Price* - 31
Townsend'n State Trials - 31
Turner's Anglo-Saxons - - 31
Sacred History of the World - 31
and Freund's Latin Lexicon - 24
Rowton's Debater ----- 25
Seaward's Narratiyeof his Shipwreck - 25
Sir Roger De Coverley - - - 26
Southey's Common-Place Books - - 27
Zumpt's Latin Grammar - ... 32
,, The Doctor etc. - - - 27
Stow's Training System - ... 28
Sydney Smith's Works - - - 26
Townsend's State Trials - ... 31
Geography and Atlases.
Willoughby's (Lady) Diary - - - 32
. .
Zincke's School of the Future- - - 32
Zuinpt's Latin Grammar - - - - 32
. Atlas of General Geography - 7
! Carpenter's Varieties of Mankind - - 7
j Erman's Travels through Siberia - - 10
; Hall's Large Library Atlas - - - 1 1
Johnston's General Gazetteer - - 14
Natural History in
General.
! M'Culloch's Geographical Dictionary - IS
Murray's Encyclopedia of Geography - 21
Sharp's British Gazetteer - - 2C
Callow's Popular Conchology - 7
Ephemera and Young on the Salmon - 10
Gosse's Natural History of Jamaica 10
Juvenile Books.
Kirby and Spence's Entomology - - 14
Lee's Elements of Natural History - 16
Maunder'. Treasury of Natural History 19
Amy Herbert 25
Turton'sShellsoftheBritishlsUnds - 31
Corner's Children's Sunday Book - - 8
Waterton's Essays on Natural History - 32
Earl's Daughter (The) - - - - 2o
Youatt'sTheDog ----- 32
The Horse . 32
i . ,,.'., m
TO MESSES. LONGMAX AND Co.'s CATALOGUE. 3
Hovels and Works of
Pages
M'Culloch's Dictionary of Commerce - 18
Fiction.
,, On Taxation and Funding - IS
Page,
,. Statistics of the British Empire IS
Lady Willoughbv's Diarv - - - 32
Marcel's Conversations on Polit. Economy 19
Macdon*Ud' Villa Verocchlo - IS
Pashlev on Pauperism - . . - 23
Marryat's Vrvstermari Ready - 19
Tooke's History of Prices ... 31
Privateer's-Man ... 19
,, Settlers in Canada - - - 19
,, Mission; or, Scene* in Africa - 19
Sir Roger De Coverley - 26
Sonthey's The Doctor etc. - - 27
Religions and Moral
Works, etc.
One Vol. Encyclopedias
H b 25
and Dictionaries.
Bluumfield's Greek Testament - 6
, , Annotations on ditto - - 6
Elaine's of Rural Sports - ... 6
Braiide's, of Science, Literature, and Art 6
Copland's, of Medicine - - - - 8
Cresv's.of Civil Engineering 8
Gwilt's, of Architecture - - - - 11
Johnston's Geographical Dictionary - 16
Loudon's.ofTreesaud Shrubs "- - 17
,, ofGardening .... 17
College and School ditto - 6
Cllssold on the Apocalypse ... 8
Convbeare and Howson's St. Paul . - S
Corner's Sunday Book ... - 8
Cox's Protestantism and Romanism - 8
Dale's Domestic Liturgy - - - 9
Discipline - 9
Earl's Daughter (The) - 25
Englishman's Hebrew Concordance - 19
,, of Agriculture - 17
ofPfants 17
,, Greek Concordance - 19
Gertrude - - . . - 2o
,, of Rural Architecture - - 17
M'Culloch's Geographical Dictionary - 18
,, Dictionary of Commerce - 18
Murray's Encvclopadiaof Geography - 21
Sharp's British Gazetteer- - . - 26
Ure's Arts, Manufactures, and Mines - 31
Webster's Domestic Economy - - 32
Hook's (Dr.) Lectures on Passion Week 12
Home's Introduction to the Scriptures - 12
,, Compendium of ditto - - 12
Jameson's Sacred and Legendary Art - 13
Monastic Legends - 13
,, Legends of the Madonna - 14
Jeremy Taylor's Works - - - - 14
Laneton Parsonage ----- 25
Letters to my Unknown Friends - - 16
Poetry and the Drama.
,, on Happiness .... 16
Maitland's Church in the Catacombs - 18
Margaret Percival ... - - 26
Aikin's (Dr.) British Poets - 5
Moore on the Power of the Soul - - 20
Baillie's (Joanna) Poetical Works - - 5
Dante, by Cayley ----- 8
on the Use of the Body - - 20
' on Man and his Motives - - 20
Flowers and their Kindred Thoughts - 22
Fruits from the Garden and Field - .22
Goldsmith's Poems, illustrated - .10
Mosheim's Ecclesiastical History - - 21
Neale's Closing Scene - 22
Resting Places of the Just- - 21
L. E.L.'sPoeticalXVorks - 14
Riches that hriii" no Sorrow - 21
Linwood's Anthologia Oxoniensis - - 16 ; Newman's (j'.'H.) 'Discourses - - 22
Macaulay's Lays of Ancient Rome - - 18 | Pascal's Works, by Pearce - - - 2!
Mackay's Poetrv of the English Lakes - 18 > Readings for Lent 14
Montgomery's Poetical Works - - 20 Robinson's Lexicon of the Greek Testa-
Moore's Irish Melodies - 21
mcnt -------24
,, LallaRookh .... 21
Schomberg's Theocratic Philosophy - 25
,, Poetical Works .... 20
Shepherd's Church of Rome - -Do
Songs and Ballads ... 20
Sinclair's Journey of Life - 26
Shakspeare, by Bowdler - - - - 26
,, Popish Legends - S6
's Sentiments and Similes - 13
Southey's Poetical Works ... 27
,, British Poets - 28
Swain's English Melodies ... 28
Smith's (J.) St. Paul's Shipwreck - - 27
,, (S.) Lectures on Moral Philosophy 2(i
Southey's Life of Wesley - - - 27
Stephen's (Sir J.) Essays in Ecclesiastical
Thomson's Seasons, illustrated - .30
Watts's Lyrics of the Heart - - 32
Winged Thoughts ----- 22
Taylor's (Her. C.B.) Margaret - - 30
,, ., Lady Mary - - :.u
Taylor's (J.) Thumb Bible ... 30
(Isaac) Loyola - 30
Political Economy and
Statistics.
TomVine's Introduction to the Bible . 31
Turner's Sacred History - - - 31
Willoughby's (Lady) Diary - - 32
Caird's English Agriculture - 7
Francis's Bank of England - - - 10
English Railway - - - 10
Rural Sports.
Stock Exchange - 10
Laing's Denmark and the Duchies - -14
Blaine'sDlctionaryof Sports - - 6
Notes of a Traveller - - - 14
Cecil's Stud Farm ..... S
Lindsay's Navigation Laws - - .16
The Cricket Field .----!)
M'Cnlloch'sGeographical, Statistical. and
Ephemera on Angling - - - -JO
Historical Dictionary - - IS
's Boot of the Salmon - - 10
CLASSIFIED INDEX.
Pane
Hawker'sInstructionstoSportsmc
The Hunting Field
London's Lady's Country Compani
Pocket and the Stud
Practical Horsemanship -
Pulmim's Fly-Fishing -
Roiiiild's Fly-Fisher
Stable Talk and Table Talk
The Stud, for Practical Men -
Wheatley's Rod and Line
The Sciences in General
and Mathematics.
Bon
[Engine
:, etc. -
nwall.etc.
Catechism of the Stei
Brando's Dictionary of Scien
DelaBecheon theOeolon of C
,. 's Geologioal'Observer -
De la Rive's Electricity -
HfrBchel's Outlines of Astronomy -
Humboldt's Aspects of Nature
Holland's Medical Physiology
Lardner's Cabinet Cyclopaedia
,, Great Exhibition -
Marvel's Conversations ...
Moseley's Practical Mechanics
,, Engineering and Architecture
Owen's Comparative Anatomy
Peschel's Physics
Phi llipn'sPuli'eozoicFossilsof Cornwall, etc
Portlock's Geoloirv of Londonderry
Smee's Klectro-Metallurgy ...
Steam Engine (Ure), by the Artisan Club
Tate on Strength of Mat -
Kx
i Mechanic
Thomson's School Chemistry
Veterinary RSedicine.
Cecil's Stud Farm -
The Hunting Held -
The Pocket and the Stud i
Practical Horsemanship -
Stable Talk and Table Talk
The Stud for Practical Purpos
Youatt's The Dog -
The Horse
Voyages and Travels.
Chesnev's Euphrates and Tigris
Davis's'China
ESthen -------
Erman's Travels through Siberia -
Forbcs's Dahomev - - - - -
Voroterand Biddiilph's Nniway -
Hue's Tartary, Tliibet, and China -
Humboldt's Asperts of Nature
Jameson's Canada - - - - -
Laing's Denmark - - - - -
Notes of a Traveller -
Lardner's London -
Mackay's English Lakes -
Osborn's Arctic Journal -
Pfeiffcr's Voyage round the World -
Power's New Zealand Sketches
Richardson's Overland Journey
Bovings ill the Pacific -
Seaward's Narrative of his Shipwrec!
Snow's Arctic Voyage -
Traveller's Library ...
\Veruc's African Wanderings -
AN ALPHABETICAL CATALOGUE
NEW WORKS AND NEW EDITIONS
PUBLISHED BY
MESSRS. LONGMAN, BROWN, GREEN, AND LONGMANS.
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