pembad be the piers it is the duty of the minister to be the camera vided by them for him, which is Ilma gated these and other authorities in in these of Mr. Purchas, and concluded by of main that the rain words of the statute, The Thmey genes of interpretation, and the Le mired in the two judgments of servance that the ornaments of the Fuse Paner Book of Edward VI. sat mini referred; and I cannot, NICY SITEe against Mr. Purchas cap, as is shown by the words in the Latin Canons, pileolo aut ricâ.' And I do not pronounce this particular kind of black cap, called a biretta, so worn, to be unlawful. "With respect to the colour of the vestments, which I have As to colour pronounced to be lawful, the rubric is silent, except in the case of vestments. of the alb and surplice; and the expert in such matters, who was produced as an authority by the promoter, deposed that the vestments which were used in Mr. Purchas's church were in every respect such as were in use in the church in the second year of Edward VI." (p). The Judicial Committee of the Privy Council, however, to which Hebbert v. tribunal the case was taken on appeal, reversed Sir Robert Philli- Purchas. more's decision as to the vestments, and held as follows: "Both Judgment of in the Statute of Elizabeth and in the Rubric in question the word differing from Privy Council ' retain' seems to mean that things should remain as they were Court of at the time of the enactment. Chasuble, Alb and Tunicle had Arches. disappeared for more than sixty years; and it has been argued fairly that this word would not have force to bring back anything that had disappeared more than a generation ago. Το retain means, in common parlance, to continue something now in existence. It is reasonable to presume that the alteration was not made without some purpose; and it appears to their Lordships that the words of the Rubric, strictly construed, would not suffice to revive ornaments which had been lawfully set aside, although they were in use in the second year of Edward VI. But whether this be so or not, their Lordships are of opinion that as the Canons of 1603-4, which in one part seemed to revive the vestments, and in another to order the surplice for all ministrations, ought to be construed together, so the Act of Uniformity is to be construed with the two canons on this subject, which it did not repeal, and that the result is that the Cope is to be worn in ministering the holy communion on high feast days in Cathedrals, and Collegiate churches, and the surplice in all other ministrations. Their Lordships attach great weight to the abundant evidence which now exists that from the days Expositio conof Elizabeth to about 1840, the practice is uniformly in ac- temporanea. cordance with this view; and is irreconcileable with either of the other views. Through the researches that have been referred to in these remarks a clear and abundant expositio contemporanea has been supplied which compensates for the scantiness of some other materials for a judgment" (q). As to the biretta, the Privy Council said that it was carried Biretta. in the hand and not worn in church; and that they should not be justified on the evidence in pronouncing this act unlawful (q). Under the Public Worship Regulation Act, 1874 (37 & 38 Vict. c. 85, s. 8), a special procedure and tribunal was established for the trial of certain ecclesiastical offences, one of Clifton v. (p) Elphinstone v. Purchas, L. R., 3 Adm. & Ecc. pp. 94, 95. Vide infra, p. 730. (q) Hebbert v. Purchas, Bullock, Special Report, Butterworths, 1871; L. R., 3 P. C. p. 605. Ridsdale. Canon 16. Canon 17. Canon 58. which is thus described-" (2) That the incumbent has within "the preceding twelve months used or permitted to be used in "such church or burial ground any unlawful ornament of the "minister of the church, or neglected to use any prescribed "ornament or vesture." Under this provision proceedings were taken against Mr. Ridsdale for, among other alleged offences, wearing the Eucharistic vestments. In the court of first instance the matter was not argued, and the judge (Lord Penzance) followed the ruling of the Privy Council in the case of Mr. Purchas, and pronounced these vestments illegal (9). Appeal was made to the Privy Council, which had the matter re-argued at length, but came finally to the same conclusion, viz., that they were illegal. The Advertisements were said to have been issued under the conditions required by the statute of Elizabeth, and to have had the force of law, and to have altered the vestments and made the surplice, and in cathedrals and collegiate churches the cope and surplice, the only legal Eucharistic vestments, and those only, it was said, are "retained" by the present rubric (r). This decision, however, was by the majority only. It has been subjected to severe criticism. One of the members of the Privy Council, Lord Selborne, has taken the unusual course of writing a book (s) to justify it, in answer to Mr. Parker (t); and the question cannot yet be considered as settled. The canons of 1603 upon this subject are as follows: Can. 16. "In the whole divine service, and administration of the Holy Communion, in all colleges and halls in both universities, the order, form and ceremonies shall be duly observed as they are set down and prescribed in the Book of Common Prayer, without any omission or alteration." Can. 17. "All masters and fellows of colleges or halls, and all the scholars and students in either of the Universities, shall in their churches and chapels, upon all Sundays, holydays, and their eves, at the time of divine service, wear surplices according to the order of the Church of England; and such as are graduates, shall agreeably wear with their surplices such hoods as do severally appertain unto their degrees.' 66 Can. 58. Every minister saying the public prayers, or ministering the sacraments, or other rites of the church, shall wear a comely surplice with sleeves, to be provided at the charge of the parish. And if any question arise touching the matter, decency, or comeliness thereof, the same shall be decided by the discretion of the ordinary. Furthermore, such ministers, as are graduates, shall wear upon their surplices at such times, such hoods as by the orders of the Universities are agreeable to their (g) 1 P. D. p. 316. Notes on some passages in the (t) Introduction to the History of the Successive Revisions of the book of Common Prayer. The first book of Edward VI. compared, &c., 1877. degrees, which no minister shall wear (being no graduate) under pain of suspension. Notwithstanding it shall be lawful for such ministers as are not graduates to wear upon their surplices, instead of hoods, some decent tippet of black, so it be not silk." SECT. 4.-Ornaments and Decorations of the Church. Recent decisions have made it necessary to distinguish be- Distinction tween-1, goods and furniture, ornaments in the sense of between ornaornamenta, of the church, and, 2, decorations of the church. We will first consider the law as to the furniture or ornaments of the church. The Privy Council have determined that "all the several articles used in the performance of services and rites of the church are ornaments" (u). (u) Westerton v. Liddell, Moore, Special Report, pp. 157, 158. Their lordships refer to Forcellini's Lexicon for the meaning of Ornamentum. The ecclesiastical use of the word is clearly explained in Lyndwood: (Walterus.) "Sint" (sc. Archidiaconi) "Ecclesiarum Rectores;' et infra. "Provideant Archidiaconi ut linteamina et alia (m) ornamenta altaris, sicut decet, (") sint honesta; et libros habeat ecclesia idoneos ad psallendum pariter et legendum; et ad minus duplicia sacerdotalia vestimenta et ut honor debitus divinis officiis in omnibus impendatur. Præcipimus etiam ut qui altari ministrat, suppellicio induatur." (Gloss.) (m.) Ornamenta altaris. Qualia sunt frontilia, cortinæ, et cætera hujusmodi. (n.) Sicut decet. Hæc decentia respici debet secundum qualitatem ecclesiæ et ipsius facultates; ut scilicet secundum quod ecclesia magis abundat in facultatibus, sic meliora et preciosiora habeat ornamenta (p. 52). De Officio Archidiaconi. "Archidiaconi est prospicere ut Sacramenta ritè conserventur et administrentur, atque potissimùm Eucharistia et sanctum oleum sub clavibus custidiantur. Ornamenta quoque Ecclesiarum ab eodem visitentur, et possessiones recenseantur" (pp. 49, 50). P. VOL. I. Quæ (Gloss.) (t.) Ornamenta. (u.) Utensilia, i. e. ad utendum See also the following constitution, "De Archidiaconis quoque statuimus ut ecclesias utiliter et fideliter visitent, de sacris vasis et () vestibus, et qualiter diurnis et nocturnis officiis ecclesiæ serviatur, et generaliter de temporalibus et spiritualibus inquirendo." (Gloss.) (e.) Vestibus. Repete sacris, dictis vulgariter vestimentis. Supple, et cæteris ecclesiæ ornamentis. (Otho. Athon, p. 52.) 3 A ments and decorations. Inert ornaments. Ordinary's care therein. 13 Edw. 1, st. 4. Canon 85. therein. They have also said, "There is a clear and obvious distinction between the presence in the church of things inert and unused, and the active use of the same things as a part of the administration of a sacrament or of a ceremony. Incense, water, a banner, a torch, a candle and candle-stick may be parts of the furniture or ornaments of a church; but the censing of persons and things, or, as was said by the Dean of Arches, the bringing in incense at the beginning or during the celebration, and removing it at the close of the celebration of the Eucharist, the symbolical use of water in baptism, or its ceremonial mixing with the sacramental wine; the waving or carrying the banner; the lighting, cremation, and symbolical use of the torch or candle: these acts give a life and meaning to what is otherwise inexpressive, and the act must be justified, if at all, as part of a ceremonial law" (x). It is ordered by the old constitutions of the church that— "The archdeacons shall take care that the clothes of the altar be decent and in good order, that the church have fit books both for singing and reading, and at least two sacerdotal vestments" (y). By the statute of Circumspectè agatis, 13 Edw. 1, st. 4, "The king to his judges sendeth greeting: Use yourselves circumspectly, in all matters concerning the Bishop of Norwich and his clergy, not punishing them if they hold plea in Court Christian of such things as be mere spiritual. . . . Also if prelates do punish for that the church is not conveniently decked. . In all cases above rehearsed the spiritual judge shall have power to take knowledge, notwithstanding the king's prohibition.' ... Not conveniently decked.]-For the law allows the ecclesiastical court to have conusance in this case, of providing decent ornaments for the celebration of divine service (z). By Can. 85 of 1603, "The church-wardens or quest-men shall take care and provide that the churches be well and sufficiently warden's care repaired, and so from time to time kept and maintained, that the windows be well glazed and that the floors be kept paved, plain, and even, and all things there 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 an homily to that effect. The like care they shall take that the churchyards be well and sufficiently repaired, fenced and maintained with walls, rails, or pales, as hath been in each place accustomed, at their charges unto whom by law the same appertaineth: but especially they shall see that at every meeting of the congregation peace be well kept: and that all persons excommunicated and so denounced be kept out of the church." (x) Martin v. Mackonochie, L. R., 2 P. C. p. 365. (y) Lind. p. 52. |