m jp$» ,v '^ AM PV. xSvi kA[. %1 t^ rw; L-^-'->" j -■ SOME QUESTIONS OF THE DAY. A CHARGE DELIVERED TO THE Clergg, CJmrc&toavtimtf antr &ffleginett AKCHDEACONRY OF MIDDLESEX, (AT THE EXD OF HIS FIFTH YEAR), HELD AT St. Paul's, Covent Garden, April 29th, 1880, EY JAMES AUGUSTUS HESSE Y, D.C.L., ARCHDEACON OF MIDDLESEX. LONDON: THOMAS SCOTT, WARWICK COURT, IIOLBORN. 1880. Several passages in the following Charge were shortened in delivery, and the documents quoted in the course of it were either summarised or wholly omitted. They are printed at length in order that a full record of all matters concerning the recent Election of Proctors may he preserved. An Appendix is given, containing the two Reports of the small Committee appointed by the Bishop to consider the Election of Lay and also of Clerical Representatives at the proposed Diocesan Conference of the Diocese of London. This, in connection with what appeared in the Charges of 1877 and 1878, completes the history of that movement up to the present time. The Archdeacon takes this opportunity of thanking the Clergy for their very full attendance. He regrets that a mistake on the part of his Apparitor, who, overlooking the clear instructions of the Registrar, summoned some of the Clergy for "Wednesday, April 28th, instead of all for Thursday, April 29th, caused a little inconvenience. He has desired a copy of his Charge to be sent to all those whose names appear inscribed in his Visitation Book, to all from whom or of whom he has heard that they were unavoidably kept away, and to all whom, through some miscarriage, no Citation had reached. If any who attended, through mistake did not inscribe their names, he will, on hearing from them to that effect, desire copies to be sent to them. At the Election of Proctors, a Committee of the Incumbents of the Archdeaconry of Middlesex was appointed to consider the subject of the representation of the Parochial Clergy in Convocation, with instructions to place itself in communication with a similar Committee of Incumbents of the other Archdeaconry. 3Iy Reverend Brethren, and my Brethren the Churchwardens and Sidesmen of the Archdeaconry of Middlesex. The Visitation of the Bishop relieved me from the necessity, or, I should rather say, deprived me of the agreeable duty, of addressing you in your collective capacity last year. I cannot, however, regret this. Our Spiritual Father's well-considered words are more weighty than mine could be even on such subjects as come especially under my cognizance, and they extend to the spiritual as well as to the material organization of the Church. Our Spiritual Father — I rejoice to call him by that old-fashioned, but endearing title. His influence with us and over us is founded in paternal sympathies, and in the correlative feelings which these draw forth, not in harsh legal restraint or in grudging submission. Hence I cannot help congratulating you on the recent assertion, by the House of Lords, for our Bishops, of their true relation to the Clergy, which some had supposed to be lost. It is settled, I trust, for ever, that a Bishop is not a mere functionary of the Law, like a process-server compelled to deliver a writ, or like a police-officer bound to arrest a delinquent. He is rather one who before acting, or before permitting action, may exercise discretion, and who may be expected to weigh all the circumstances of any com- plaint, with tender regard to the welfare of the parties concerned, and to the interests of the Church in general. The settlement of this point has already, in instances which have come to my knowledge, had an excellent effect in bringing back the Clergy to a loyal dependence on the Bishop, and in inducing them to sacrifice their own prepossessions in accordance with his " godly admonitions." The Bishop took occasion in his Charge to encourage his Archdeacons by speaking kindly of " their placing their offices cheerfully and ungrudgingly at his service and that of the Diocese." Though conscious of many shortcomings when I review the five years I have gone in and out amongst you, I have endeavoured to be useful. No Clergyman has appealed to me for personal comfort or counsel — for advice as to Liturgical or Parochial difficulties — for presence at opening his Schools or Mission Chapels, or on Penitential or Festive or Anniversary occa- sions — for Sermons on all manner of subjects — for Public Induction into his Ministerial position — or for composing of misunderstandings between himself and his Parishioners — or for many other matters — whose wishes I have not met, if I have found it at all possible to do so. And Churchwardens and Sidesmen know that I am always ready to see them and advise with them, to the best of my power, with the assistance of my learned Official Principal. I have experienced a full requital for any sympathy or help which God has permitted me to give in universal welcome by my brethren both Clerical and Lay. I trust I may be henceforth able to render them a more undistracted co-operation, for I have resigned an engagement which occupied a portion of my time, with a view to devoting myself entirely to the business of the Archdeaconry, to the correspondence and other work which it brings upon me, and to the Church Societies which I have to attend. You will pardon my allusion to these points. They have been only noticed because some writers in newspapers have taken upon them to assert that an Archdeacon has really nothing to do, but is induced to finding a reason for his very existence as a Church officer in a sort of Trokvrrpa'yiioavvri, or meddlesome interference with somebody or something or other. I feel, to my great joy, that I am surrounded by Clergy who are ever mindful of St. Paul's words to Timothy — men who are walking according u to the former prophecies concerning them," t.e, the directions (or prophecies properly so called) of the Holy Spirit spoken concerning them at their original admission to the Ministry by the Trpo^rao in the Church, and carrying on, as their means of defence and confirma- tion, the good warfare in which they have engaged as their life-work. And, wherever I go, I find the Laity risen to a consciousness of their Church Membership — finding that they have something to do for God, and doing it. Them- selves, their time, their influence, their money, and their prayers are at the disposal of His Church. Instances are not far to seek. But I may mention the names of two who have been recently called to their rest and their reward. One, John Torr, who died just as he was completing the Endowment of a Bishopric for Liverpool, to which he had himself contributed £10,000. The other, for private reasons most dear to me, but on public grounds dear to the whole Church, Philip Cazenove. The Archdeacon's was originally a purely spiritual office, and was formerly conferred with much solemnity, by inves- titure of ring and a book, but though many of his functions are still spiritual, many are now temporal. So I proceed without further preface to certain subjects which, though on the border-land of the temporal and spiritual, concern us very much as to the exercise of our spiritual office. Some of them have for good or for evil been already before Parliament — and some of them are likely to be before it. Others are scarcely within the scope of legislation — but arc matters of internal ecclesiastical polity. You will understand that what I say is not intended to suggest difficulties, but to state clearly difficulties that exist, and, if possible, to indicate solutions of them. These matters are : — (1.) The legalizing of Marriage with a Wife's Sister, 6 (2.) The Marriage of parties, one or other of which has been divorced. (3 .) The maintenance of the fabrics of our Churches, and the providing for the expenses of Divine Service. (4.) The seeking out of children to be baptized. (5.) The right of persons to be married in a Church which is not strictly their Parish Church, and the legal technicalities, more or less affecting the Clergy, which beset the subject of the celebration of Marriages generally. (6.) The letting, or appropriation, or absolute freedom of seats in Churches ; questions which are greatly complicated by the shifting of population. (7.) The Reform of Convocation. (8.) The progress of the movement for a Diocesan Con- ference for the Diocese of London. (9.) Our duty towards the more destitute parts of the Diocese. (10.) The condition of the Sunday Question, and the attitude which the Clergy should assume in reference to it. I will treat of the first two of these together. I., II. It is, I believe, indisputable that a great deal of the recent trouble which we have had as to matters of Ritual, to which I only allude here for the purpose of illustration, has been produced by an impression that certain Courts have only a temporal foundation, and are not qualified, either in their origin or in the appointment or qualifications of their Judges, to decide in matters spiritual. I am not pronouncing on the correctness of this impression, but merely stating that it exists. Whether rightly entertained or no, it is widely spread, and has led to what appears to be, if not an opposition to the law of the land, yet an opposition to the exposition of it emanating from these Courts. (Of course I am aware that such expositions have been objected to on other grounds — such as want of historical knowledge, erroneous setting forth of facts, considerations of expediency being admitted which would not have been admitted in matters purely temporal — but I am concerned with principles rather than with incidental considerations.) Well, an analogous state of things is observable in reference to the second of my two questions, in consequence of actual legislation, and may be feared in reference to the first, if the agitation of those who have already broken the law of the Church and the law of the land is permitted to attain its object. As to the Marriage of Divorced Persons. You will recol- lect that, when the Divorce Act was passed, an unhappy compromise was entered into in order to conciliate opponents. The Incumbent of a Parish is not obliged to marry such persons, but he is compelled to allow another Clergyman to marry them in his Church. Well, we will suppose that he feels strongly on the point, and, feeling strongly, has told his Parishioners that he docs not consider such a Marriage to be lawful in the sight of God — in fact, that he holds it to be no Marriage at all. But the persons live in his Parish, and present themselves at the Holy Communion. Being, as he holds them to be, not married, he declines to admit them to that ordinance — " as notorious and open evil livers." They appeal, Ave will further suppose, to the Law Courts, and obtain a decision that they are married, and do not come under this category. What is then the Incumbent's position "? I do not know that such a dispute has ever been carried to the bitter end. But I do know that such a case has arisen — that the opinion of eminent Counsel was taken upon it — that it was advised most confidently that the In- cumbent would be cast, if it were tried at law — and that collision has only been avoided by the prudence or the timidity of the Incumbent, or by reluctance of the parties to court publicity and have their former lives discussed anew. It cannot, however, be imagined that things will always be kept so quiet. Some clay or other, collision must take place between the obligation to obey conscience and to obey temporal law. It may, however, be said that the Church has ruled nothing absolutely as to the Marriage of Divorced Persons, and that such a scruple, however widely spread, is of private interpretation ; and, moreover, that before the Divorce Act, the temporal power was allowed to override the spiritual, by permitting the Marriage of such persons in particular instances, the only difference being that greater obstacles were thrown in the way. This is true, but it docs not remove the stress on the minds of conscientious Clergy, or the continual fear that now such Marriages are legalised by wholesale, they may any day be placed in the dilemma sup- posed. It seems to be our duty to petition for a removal of any obligation to allow such Marriages with the offices of the Church, and also of obligation to admit persons to the Holy Communion who have not been married in the Church's pale. For be it observed, the removal of such obligations would not, since the repeal of the Tests and Corporation Acts, deprive any one of temporal privileges, which were dependent upon the reception of the Holy Communion, but would simply relieve the consciences of the Clergy. It may, however, be said, that it will be very difficult to get such a measure of relief passed through Parliament. Granted. And therefore it is, that setting aside other cogent reasons upon which I have dwelt on former occasions, I would earnestly deprecate the legislative sanction of Marriage with a Deceased Wife's Sister. Such a Marriage is forbidden by the "Table of Kindred and Affinity, wherein whosoever are related are forbidden by Scripture and our laws to marry together." In accordance with this the issue of such a Marriage has been declared by the highest tribunal, that of the House of Lords, to be illegitimate, and incapable of sharing an inheritance 9 under the general designation of children of a testator. Xo ignorance of the law can be pleaded — in fact the greatest care- has been taken by parties desirous of contracting it to evade the law. And it cannot be pleaded, as might be in the case of divorced persons marrying, that they deserve condonation because Marriage is a life of amendment. They are taking their first wrong step, not retracing a wrong step. Already the agitation has done harm, and shaken the sanctity of the relation between a man and his wife and his wife's sister. Already inconvenient preludes to what would occur have been witnessed. Such for instance as persons persuading the Clergy to admit them to the Holy Communion, to the distress of many devout Church people, or resorting to Churches where they are not known. We should, therefore, surely, pause, before we sanction a measure which would add to the embarrassments already existing from contrariety, real or supposed, of the Law of the Land to the Law of Scripture and of the Church. I have noticed the above objections to sanctioning such Marriages, because I think we ought to look fonvard to results more carefully than we did at the time when the Divorce Act was passed, and because also I do not remember to have seen the question distinctly regarded under this aspect. III. An embarrassment which is much felt by Churchwardens, now that a Church Rate, though it may be voted in Vestry, cannot be legally enforced, is not, indeed, in pari materia, but it exhibits an analogous instance of conflict between a duty and the possibility of its performance. The Churchwardens are bound to keep their Church in fitting repair. Previously to the Braintree decision, it was always supposed that they had a right to demand funds from the Parishioners for that pur- pose. That decision rudely dispelled the illusion of centuries— and the Act which followed it declared, authoritatively, that there should be no grounds for entertaining such an illusion in 10 future. Still the obligation upon themselves, as men interested n their Parish Churches, remained — and they felt that they might at any moment be told that they should not have under- taken a duty which they could not perform, or that having undertaken it they should perform it at their own cost. This position is so obviously unjust, as well as so inconvenient, that the wonder is that persons are found willing to undertake the office of Churchwarden at all. Happily this is the case as a rule. In richer places there are almost always found men who are sufficiently attached to their Church to help their Clergyman in the hard task which might otherwise fall upon him, always unfairly, but it is to be regretted in some cases legally, of keeping up the fabric of the Church and meeting the expenses of its Services. Sometimes a voluntary rate has been levied — sometimes subscriptions have been raised in the Parish — and in many instances, the truer method has been adopted of meeting these difficulties by Offertories in the Church itself. There are also some ancient Parochial Districts in which funds exist for the purposes designated. Still, many Parishes exist in which Churches are going out of repair and Services are inadequately conducted, for want of funds, and for want of opulent persons to contribute funds — and the number of such Parishes is increasing yearly. What remedy can be found for this '? And on what analogy can we justify our demand for it? A Eoyal Commission has recently reported that there are considerable Ecclesiastical funds attached to Parishes in the City which are absolutely not wanted there, and which might be applied in aid of the erection or repair of Churches, or generally for the relief of the spiritual wants of the poorer parishes, within the Metropolitan area. The Commissioners recommend that such an application should take place. Let Us petition Parliament to that effect. We may surely adduce the precedent of the re-distribution of Cathedral and Epis- copal property. We may urge that City Churches, not 11 required, have been pulled down — and their endowments and the money received for their sites diverted to the building and endowment of Churches in districts to which the population of the City has migrated. And we may urge also that if the whole of the Metropolitan area is equitably placed on the same basis for Poor Rates, a similar course of action is not inequitable in reference to repair of Churches where the funds are strictly Ecclesiastical. It is true that a special branch of the Bishop of London's Fund has been recently established for the purpose of aiding poor Churches — but, so great has been the pressure of new work, the result has been by no means commensurate with the extent or depth of the want. I should recommend you to read carefully the elaborate Report of the Commission. It is full of interest. And I would have you remember that even in the West and Xorth of London there are many Churches, either actually in need, or likely, at no distant date, to be in need, of the aid which may thus, by timely representation, be permanently secured. IY. I have only one word to say on the subject of Baptisms. It has been alleged that the Clergy do not sufficiently seek out children to be baptized. I do not believe this for a moment. But I have received an important return from Archdeacon Jennings, the Incumbent of the Mother Church of St. John the Evangelist, Westminster, now divided into six Parishes, which may show how many of the children registered our Clergy baptize into the Church, in a district where Roman Catholic efforts are diligently made to secure proselytes to that communion, and which Cardinal Wiseman professed to claim for his own. An average such as* it presents is an answer to many cavils — and an encouragement to similar exertions, if there are any Parishes to which they can possibly apply. I set it forth at length for your perusal. It embraces the last four years. 12 "PARISH OF ST. JOHN THE EVANGELIST, WESTMINSTER. "Population (1871), 38,470. "Number of births returned by the Civil Registrar, and of baptisms registered during the years 1876, 1877, 1878, and 1879, in the six Churches situate -within the boundary of the old Parish : — 1876. 1877. 1878. 1879. "Births 1,258 ... 1,272 ... 1,205 ... 1,109 St. John's Church ... 303 ... 344 ... 317 ... 311 St. Mary's 172 ... 156 ... 131 ... 137 St Stephen's ... 168 ... 222 ... 176 ... 177 St. Matthew's 130 ... 103 ... 113 ... 96 Holy Trinity 129 ... 130 ... 140 ... 148 St. James the Less 64 67 ... 101 ... 77 Baptisms ... 966 ... 1,022 ... 978 ... 946 ii JOHN JENNINGS, "March. 1880." " Rural Dean V. The next points which I have set down for remark relate to the perplexing position of the Clergy of regularly constituted District Parishes which have been formed, by sub- division and re-subdivision, and also by the method of Con- solidated Chapelries out of older Parishes, in reference to Marriages — and the legal technicalities more or less affecting the Clergy which beset the subject of Marriages generally — I would dwell most on the former of these. The position of which complaint is made has been stated to me in this wise. " There are three Parishes, which for distinction sake, I will name A. B. C." " A. is a Mother Parish, one of the oldest in London, which, though for Ecclesiastical purposes it has been sub- divided again and again, remains, for Civil purposes, one and undivided, with its central Vestry, and other Parochial powers and machinery." " B. is a District Parish taken out of that Mother Parish 13 more than thirty years ago, and formed into a separate Parish for all Ecclesiastical purposes." " C. is a ' Consolidated Chapelry ' formed out of portions taken from B n and two other Parishes D. and i?." " Now I find that persons residing in B. claim to be married in the Parish Church of A., and I believe that their claim is supported by the Chancellor of the Diocese. But there is a constant difficulty about Marriages between C. and B. " The Vicar of B. has tried to meet this difficulty — ■ " (1.) By offering to receive Marriages from that portion of C. (the Consolidated Chapelry), which was originally in I?., in his Church, and to give to the Vicar of C. one half of the Marriage fees. This has not been a welcome proposal. " (2.) By standing on his (presumed) right to receive persons to be married in his Church from the part of C, which used to be in his Parish, whenever a strong wish to this effect is expressed, though he will not himself put any pressure upon such persons to be married in his Church. " Xow the two questions which I should like to have settled are these — 11 1st. Whether the right of persons resident in B. to be married in the Church of the Mother Parish A. is equally the right of persons resident'in C. (that portion of it, I mean, which belonged originally to i?.), to be married in Parish Church 5.? " 2nd. What is understood by a ' Consolidated Chapelry,' and whether it is to all intents and purposes the same as a District Parish? " May I also ask whether you think the proposal to give one half of the Marriage fees, in the case mentioned above, a fair one?" I wish I could answer these questions fully. But I must honestly confess that they cannot be satisfactorily solved except by Act of Parliament. I will give, however, such answers as I can. 14 1st. A Consolidated Chapelry, if regularly constituted, is to all intents a District Parish. Therefore, whatever rights the inhabitants of a District Parish lose, or whatever rights they retain, those same rights are lost or retained by the inhabitants of the Consolidated Chapelry. But, 2»