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watchmen, or guardians of the peace by night. These were formerly only the deputies or assistants of the constable, and were appointed by him (k); but in modern times, they have been appointed without the constable's intervention, being employed and paid by particular parishes, or sometimes by private individuals, with the view of obtaining (under special circumstances or on particular occasions) a more effectual protection to person and property than can be otherwise afforded. The authority of watchmen, in this modern sense, is recognized by law (1), --e.g., by the Lighting and Watching Act, 1833, regulations were made for the watching and lighting of any parish desirous of adopting the provisions of the Act at its own expense (m). Yet, since it is not intended that a body of watchmen thus established shall remain as a separate force in addition to the county constabulary, where this latter body is sufficient for the protection of the public, by the County Police Act, 1840, s. 20, they are, as a separate force, to be discontinued on its being notified to their inspector by the chief constable of the county, that he is ready to take the charge of the place upon himself; but (by the County and Borough Police Act, 1856, s. 19) where the population of the place amounts to fifteen thousand, the previous authority of a secretary of state is also required for the discontinuance.
Finally, it may be mentioned, that, by a long series of statutes, commencing with the year 1829 (n), a numerous and well equipped police force has been instituted and maintained for the metropolitan area, outside the ancient boundaries of the city ; and that, in the city itself, there is also a force of the City Police, under the control of the corporation (o). (k) 1 Bl. Com. 357.
Overseers of Kings-Winford, ibid., (1) 2 Hale, P. C. 98; 3 Inst. 688. 52 ; 9 Rep. 66.
(11) See p. 615, note (o), supra. (m) Pilkington v. Riley (1849), (0) 2 & 3 Vict. (1839) c. xciv. 6 D. & L. 628 ; R. v. Dererell (1854), 3 El. & Bl. 372; R. v.
OF THE CHURCH.
HAVING now finished our examination of the division of public rights which concerns the civil authority, and the relations between persons who are subject to that authority, we are next to turn our attention to the division of public rights which concerns the Church, that is to say, relations and matters ecclesiastical.
The Church, on its legal side, may be defined as an institution established by the law of the land for the maintenance of religion ; and in treating of it, we shall find it convenient to consider,
First, THE AUTHORITIES ESTABLISHED IN THE CHURCH ; Secondly, THE LAW RELATING TO THE DOCTRINES,
WORSHIP, AND DISCIPLINE OF THE CHURCH ; Thirdly, THE LAW RELATING TO ITS BENEFICES AND
ENDOWMENTS ; AND,
BLISHMENT, WHICH HAVE FROM TIME TO TIME
OF THE ECCLESIASTICAL AUTHORITIES.
THE CLERGY and the Laity together constitute the Church. The clergy, as distinguished from the laity, are those set apart to superintend the public worship of Almighty God (including the celebration of the sacraments and of other the ceremonies of religion), and to administer spiritual counsel and instruction. They consist of such, and such only, as have been admitted into holy orders, that is to say, bishops (including archbishops), priests, and deacons (a). By the Clergy Ordination Act, 1804, it is provided (in accordance with the canons and the rubric prefixed to the office of ordination in the Book of Common Prayer), that none shall be ordained deacon under twenty-three years, nor priest under twenty-four years of age ; though the Archbishop of Canterbury has the privilege of admitting deacons (by faculty or dispensation) at an earlier age, hut not priests. By the 13 Eliz. (1571), c. 12, it was further prescribed, that none should be ordained either priest or deacon, without first subscribing the Thirty-nine Articles of religion ; but in lieu of this, it has now been provided, by the Clerical Subscription Act, 1865, that before ordination the priest or deacon shall make and subscribe a
(a) “ Bishops, Priests, and “ Deacons are the ministerial “ orders known to the episcopal “ establishment of England. In “ the Bishop, lies the power of “ ordination. Deacons, when or. “ dained, may, licensed by the “ bishop, preach and administer
“the rite of baptism. Priests, “by this ceremony, are further “empowered to administer the “Lord's Supper, and to hold a
benefice with cure of souls.” — Report on the Religious Worship of England and Wales, Dec. 1853, p. xxxiv.
declaration of assent to the Thirty-nine Articles, the Book of Common Prayer, and the Ordination Service, a declaration which includes also (1) an assertion of belief, that the doctrine of the Church as set forth in the Book of Common Prayer is agreeable to the Word of God; and (2) a pledge to use in public worship and in the administration of the sacraments (6) the forms thereby prescribed “and none other, except so far as shall be ordered by lawful authority.” It is also requisite that the candidate shall, prior to ordination, take the oath of allegiance to the King (c), and the oath of canonical obedience to his bishop (d). Moreover, by the canon law, no person may be admitted into holy orders without a title,—that is to say, he must produce to the bishop a presentation to some ecclesiastical living within the diocese, or a certificate that he is provided with a church or a place as minister then vacant ; it will be sufficient, however, if he be a fellow or chaplain in Oxford or Cambridge, or master of arts of five years' standing in either of such universities, and living there at his own charge, or if the bishop himself intends shortly to admit him to some benefice or curacy (e). If the bishop ordains a man without a proper title, he is liable himself to maintain him.
The Church of England recognizes the episcopal orders of the following foreign churches, viz., the Greek and Roman churches, and probably also the Armenian and other Eastern churches, the American Episcopal, the Swedish Church, and the Old Catholics. But by the Colonial Clergy Act, 1874, no person ordained priest or deacon by any bishop, other than a bishop of a diocese in the churches of England or Ireland, may officiate in England unless either (i) he has written permission from the Archbishop of York or Canterbury, and has subscribed
(6) Clerical Subscription Act, 1865, ss. 1, 4.
(c) The form of oath is now that prescribed by the Promissory Oaths Act, 1868, s. 14.
(d) Clerical Subscription Act, 1865, s. 12; Promissory Oaths Act, 1868, s. 14.
(e) Can. 33 of 1603 ; Wats. C. L. 147.
the material portion of the declaration contained in the Clerical Subscription Act, 1865, or else (ii) he has previously held preferment or a curacy in England. The consent of the bishop of the diocese is also necessary (s. 4); and any appointments made contrary to the Act are void.
In order to enable them to attend the more closely to their duties, the clergy of the established church have certain privileges and exemptions, principally the following :-A clergyman cannot be compelled to serve on a jury ; nor can he be chosen to any temporal office, as bailiff, reeve, constable, or the like (j'); and during his attendance on divine service, that is to say, eundo, morando, et redeundo, he is privileged from being arrested in any civil suit, and the glebe and tithes of his parsonage are not liable to be seized in execution to satisfy a judgment in the same manner as lay property, but instead are made liable to a sequestration (g). Upon a sequestration, a writ of fieri facias de bonis ecclesiasticis is directed to the bishop, to levy the amount of the judgment debt out of the clergyman's ecclesiastical property, and the bishop appoints a sequestrator. Under the Sequestration Act, 1871, the bishop may, on a sequestration, after six months, appoint a curate to the benefice, and assign him a stipend in proportion to the population, and the sequestrator must pay this stipend in priority to any other claim ; and the bishop may also, in his discretion, inhibit the incumbent from performing any service in the church while the sequestration remains in force. Upon the bankruptcy of a beneficed clerk, the profits of his benefice are sequestered in like manner (h), but in every case, due provision must be made for the service of the church. Since 2 & 3 Edw. VI. (1548) c. 21, it has been lawful for the English clergy to marry.
As the clergy have their privileges, so also they have
(f) Finch. Common Law, ed. 1759, p. 388.
(4) Phillimore, Ecclesiastical Law, ed. 1895, p. 1074; Arbuckle v.
Coutan (1803), 3 Bos. & Pul. 326 ; Powell v. Hilbert (1850), 15 Q. B. 129.
(h) Bankruptcy Act, 1883, s. 52.