Skip to content

Chapter LXIII: Act 46: , Parl. 3, Act 106, Parl. 7, Act 24, Parl. 11, King James VI., do (39)

Text size

But this is not all. For, thirdly, our corrupt nature is changed in baptism, and there is a renovation effected thereby, both as to the mortification of the old affections, and the quickening of the new, by the HOLY SPIRIT, which is hereby given to all that put no bar or impediment unto it. This was the ancients’ doctrine, who affirmed a real change to be wrought, and believed the SPIRIT to be therein bestowed, as GOD had promised, (Ezek. xxxvi. 25, 26,) “That he would sprinkle clean water upon them, and they should be clean from all their filthiness, and then a new heart would he give them, and put a new spirit within them.” And it is manifest, that, in the first ages of the Church, there was abundance of gifts and graces miraculously bestowed upon Christians in their baptism; and no doubt, if the catechumens of our days, who are of age, would prepare themselves as strictly by repentance, fasting, and prayer, as they of old did, they should find incomparable effects of this sacred layer, if not in as miraculous measures, yet to as real purposes; that is, they should be truly regenerated, and their hearts changed by the influence of the Divine SPIRIT. But some may doubt whether infants be regenerated in this sense, because they are not capable of giving any evidences of their receiving the SPIRIT; nor doth there any immediate effect of their regeneration appear: hence the Pelagians denied it; but they are therefore condemned by the Milevitan Council, and confuted by St. Augustine. It is confessed they can show no visible signs of spiritual life in the operations thereof, no more can they of their having a rational soul, for some time; and yet we know they have the power of reason within them: and since all infants are alike, either all do here receive a principle of new life, or none receive it; wherefore I see no reason why we may not believe, as the ancients did, that GOD’S grace, which is dispensed according to the capacity of the suscipient, is here given to infants to heal their nature, and that he bestowed on them such measures of his Spirit as they can receive; for the malignant effects of the first Adam’s sin are not larger than the free gift obtained by the second Adam’s righteousness. (Rom. v. 15, 18.) And if it be asked, how it comes to pass then that so many children do afterwards fall off to all impurity? I answer, so do too many grown persons also; and neither infants, nor men, are so regenerated in this life, as absolutely to extinguish the concupiscence; for the flesh will still lust against the Spirit; but then GOD gives the Spirit also to lust against the flesh. (Gal. v. 17, 18.) He leaves the corruption to try and exercise us, but so that he engageth to enable us to get the better, through this new nature planted in us, if we will improve it, and follow the dictates of his Holy Spirit; but by neglect, or wilful complying with the flesh, we may lose this grace again; our gracious FATHER hath already done his part, and will do it more and more, as the child shall be capable and willing to receive it. And, if this seems strange to any whose opinions are taken up from later definitions of regeneration, let them dispute with holy Cyprian, not with me, who saith, “The grace of GOD is equally distributed in baptism, but it may either be diminished or increased afterward, by our acts and conversation.”

The sum is, that baptism doth seal a pardon to us for all former transgression, and begets us again to the hope of eternal life; that it restores us to the favour of GOD, and gives us a new relation to him; and finally it heals our nature by the SPIRIT hereby conveyed to us: and, though all this be upon condition of our keeping our part of the covenant, yet that makes not GOD’S mercy less, nor ought it to diminish any of our praises; but only it must make our prayers at present more earnest, and the child’s care more strict hereafter to make this its calling and election sure.

This is, I hope, the sense of our Church, as well as of the primitive; and if so, it will not be material to a judicious Christian for any to say, it doth not agree to some modern systems.—_Dean Comber._

REGENERATION. (See _Conversion_ and _Renovation_.) A Latin word signifying _new birth_, or being born again. We are taught in the catechism that “a sacrament is an outward and visible sign of an inward and spiritual grace given unto us, ordained by CHRIST himself, as a means whereby we receive the same, and a pledge to assure us thereof.” And we are taught also that the inward and spiritual grace given to us, which by means of baptism we receive, is “a death unto sin, and a new birth unto righteousness; for being by nature born in sin and the children of wrath, we are hereby,” i. e. by baptism, “made children of grace.” Hence the catechism teaches every baptized child to speak of his baptism as that “wherein I was made a member of CHRIST, the child of GOD, and an inheritor of the kingdom of heaven.” Hence, in perfect consistency with the catechism, the minister, immediately after the administration of this sacrament to a child, addresses the congregation thus: “Seeing now, dearly beloved brethren, that this child is regenerate, and grafted into the body of CHRIST’S Church, let us give thanks unto ALMIGHTY GOD for these benefits; and with one accord make our prayers unto him, that _this child_ may lead the rest of _his_ life according to _this beginning_.” And he returns thanks to our merciful FATHER, that it hath pleased him “to regenerate this infant with thy Holy Spirit.” In the office of Private Baptism of Infants, the connexion between holy baptism and regeneration is, if possible, still more expressly asserted, for the priest, with reference to the baptism performed in private, is taught to say, on the receiving of the infant into the Church, “seeing now that this child is by baptism _regenerate_, and _grafted_ into the body of CHRIST’S Church.” In the office for the Baptism of such as are of Riper Years, the connexion between baptism and regeneration is as closely observed. To many persons this doctrine is very offensive. We believe that it is repudiated by all dissenters except the Romish, who, amidst their many errors, retain this evangelical truth. As an answer to the objections urged against this scriptural doctrine, we shall quote the words of the late Mr. Simeon, of Cambridge; we do so, because we have seldom seen the truth more briefly vindicated. The following passage is from his Works, vol. ii. p. 259.

“In the baptismal service, _we thank_ GOD _for having regenerated the baptized infant by his Holy Spirit_. Now from hence it appears that, _in the opinion of our reformers, regeneration and remission of sins did accompany baptism_. But in what sense did they hold this sentiment? Did they maintain that there was no need for the seed then sown in the heart of the baptized person to grow up and to bring forth fruit; or that he could be saved in any other way than by a progressive renovation of his soul after the Divine image? Had they asserted any such doctrine as that, it would have been impossible for any enlightened person to concur with them. But nothing can be conceived more repugnant to their sentiments than such an idea as this; so far from harbouring such a thought, they have, and that too in this very prayer, taught us to look to GOD for that total change, both of heart and life, which _long since their days has begun to be expressed_ by the term regeneration. _After thanking_ GOD _for regenerating the infant by his Holy Spirit_, we are taught to pray, ‘that he, being dead unto sin, and living unto righteousness, may crucify the old man, and utterly abolish the whole body of sin;’ and then declaring the total change to be the necessary mean of his obtaining salvation, we add, ‘so that finally, with the residue of thy holy Church, he _may_ be an inheritor of thine everlasting kingdom.’ Is there (I would ask) any person that can require more? There are two things to be noticed in reference to this subject, the _term_ regeneration and the _thing_. The term occurs but twice in the Scriptures; in one place it refers to baptism, and is distinguished from the renewing of the HOLY GHOST, _which, however, is represented as attendant on it_; and, in the other place, it has a totally distinct meaning, unconnected with the subject. Now the _term_ they use as the _Scripture _uses it, and the _thing_ they require as strongly as any person can require it. They do not give us any reason to imagine that an adult person can be saved without experiencing all that modern divines [_ultra-Protestant divines_] have included in the term regeneration; on the contrary, they do, both there and in the liturgy, insist upon a radical change of both heart and life. Here, then, the only question is, not ‘whether a baptized person can be saved by that ordinance without sanctification,’ but whether GOD does always accompany the sign with the thing signified? Here is certainly room for difference of opinion, _but it cannot be positively decided in the negative_; because we cannot know, or even judge, respecting it, in any case whatever, except by the fruits that follow; and therefore, in all fairness, it may be considered only as a doubtful point; and if we appeal, as we ought to do, to the Holy Scriptures, they certainly do, in _a very remarkable way, accord with the expressions in our liturgy_. St. Paul says, ‘By one Spirit we are all baptized into one body, whether we be Jews or Gentiles, whether we be bond or free; and have been all made to _drink into one_ Spirit.’ And this he says of all the visible members of CHRIST’S body. (1 Cor. xii. 13, 27.) Again, speaking of the whole nation of Israel, infants as well as adults, he says, ‘They were all baptized unto Moses in the cloud and in the sea, and did all eat the same spiritual meat, and did all drink the same spiritual drink; for they drank of that spiritual rock that followed them, and _that rock was_ CHRIST.’ (1 Cor. x. 1–4.) Yet, behold, in the very next verse he tells us that, ‘with many of them GOD was displeased, and overthrew them in the wilderness.’ In another place he speaks yet more strongly still: ‘As many of you,’ says he, ‘as are baptized into CHRIST, have put on CHRIST.’ Here we see what is meant by the same expression as that before mentioned, of the Israelites being ‘baptized _into_ Moses (the preposition εἰς is used in both places): it includes all that had been initiated into his religion by the rite of baptism; and of them universally does the apostle say, ‘_they have put on_ CHRIST.’ Now I ask, have not the persons who scruple the use of that prayer in the baptismal service, equal reason to scruple the use of these different expressions?

“Again; St. Peter says, ‘Repent and be baptized every one of you _for the remission of sins_.’ (Acts ii. 38.) And in another place, ‘Baptism doth now save us.’ (1 Pet. iii. 21.) And speaking elsewhere of baptized persons who are unfruitful in the knowledge of our LORD JESUS CHRIST, he says, ‘_He hath forgotten that he was purged from his old sins_.’ (2 Pet. i. 9.) _Does not this very strongly countenance the_ IDEA WHICH OUR REFORMERS ENTERTAINED, THAT THE REMISSION OF OUR SINS AND THE REGENERATION OF OUR SOULS, IS ATTENDANT ON THE BAPTISMAL RITE?”

The importance of holding this doctrine, besides its being scripturally true, must be at once apparent to those who reflect, that the whole moral education of a Christian people is altered, if instead of teaching them, as we ought to do, that GOD _has_ given them a gift which they may use to their own salvation, but for losing which they will be awfully punished,—if instead of this we tell them to wait and to expect the gift of grace, before receiving which they cannot please GOD. The orthodox would preach to all baptized persons, telling them that they may and can serve GOD if they will: the heterodox would address baptized persons as heathens, and warn them that, until they have an effectual calling, they can do nothing. It is easy to trace much of the evil which disgraces the religion of the present day to the prevalence of the latter notion.

At the Savoy Commission, 1661, the following are among the answers of the bishops to the exceptions of ministers.

“Receive remission of sins by spiritual regeneration.” Most proper, for baptism is our spiritual regeneration, (John iii. 5,) “Unless a man be born again of water and the Spirit,” &c. And by this is received remission of sins, (Acts ii. 38,) “Repent and be baptized every one of you for the remission of sins.” So the Creed: “our baptism for the remission of sins.”

Seeing that GOD’S sacraments have their effects, where the receiver doth not “ponere obicem,” put any bar against them (which children cannot do); we may say in faith of every child that is baptized, that it is regenerated by GOD’S HOLY SPIRIT; and the denial of it tends to Anabaptism, and the contempt of this holy sacrament, as nothing worthy, nor material whether it be administered to children or no.

[The form of Confirmation] supposeth, and that truly, that all children were at their baptism regenerate by water and the Holy Ghost, and had given unto them forgiveness of all their sins; and it is charitably presumed, that notwithstanding the frailties and slips of their childhood, they have not totally lost what was in baptism conferred upon them.—_Cardwell’s Hist. of Conferences_, pp. 356, 358.

REGISTER. The keeping of a church book for registering the age of those that should be born and christened in the parish began in the thirtieth year of Henry VIII.

By Canon 70. “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, which have been in the parish since the time that the law was first made in that behalf, so far as the ancient books thereof can be procured, but especially since the beginning of the reign of the late queen. And for the safe keeping of the said book, the churchwardens, at the charge of the parish, shall provide one sure coffer, and three locks and keys; whereof one to remain with the minister, and the other two with the churchwardens severally; so that neither the minister without the two churchwardens, nor the churchwardens without the minister, shall at any time take that book out of the said coffer. And henceforth upon every sabbath day immediately after morning or evening prayer, the minister and the churchwardens shall take the said parchment book out of the said coffer, and the minister in the presence of the churchwardens shall write and record in the said book the names of all persons christened, together with the names and surnames of their parents, and also the names of all persons married and buried in that parish in the week before, and the day and year of every such christening, marriage, and burial; and that done, they shall lay up the book in the coffer as before. And the minister and churchwardens, unto every page of that book, when it shall be filled with such inscriptions, shall subscribe their names. And the churchwardens shall once every year, within one month after the five and twentieth day of March, transmit unto the bishop of the diocese, or his chancellor, a true copy of the names of all persons christened, married, or buried in their parish in the year before, (ended the said five and twentieth day of March,) and the certain days and months in which every christening, marriage, and burial was had, to be subscribed to with the hands of the said minister and churchwardens, to the end the same may faithfully be preserved in the registry of the said bishop; which certificate shall be received without fee. And if the minister and churchwardens shall be negligent in performance of anything herein contained, it shall be lawful for the bishop, or his chancellor, to convent them, and proceed against every of them as contemners of this our constitution.”

The Act 52 Geo. III. c. 146, (A. D. 1812,) directs that “registers of public and private baptisms, marriages, and burials, solemnized according to the rites of the United Church of England and Ireland ... shall be made and kept by the rector, vicar, curate, or officiating minister of every parish (or of any chapelry) where the ceremonies of baptism, marriage, and burial, have been usually, and may according to law be, performed for the time being, in books of parchment, 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 chapelries; whereon shall be printed, upon each side of every leaf, the heads of information herein required to be entered in the registers” (agreeably to schedules annexed to the act). Such registers should be kept in separate books, and every minister shall enter the baptism, or burial, as soon as possible, and shall sign the same; “and in no case, unless prevented by sickness, or other unavoidable impediment, later than within seven days after the ceremony of any such baptism, or burial, shall have taken place.” (Sect. 3.)

“Whenever the ceremony of baptism, or burial, shall be performed in any other place than the parish church, or churchyard of any parish, (or the chapel, or chapel-yard of any chapelry, providing its own distinct registers,) and such ceremony shall be performed by any minister not being the rector, vicar, minister, or curate of any such parish or chapelry, the minister who shall perform such ceremony of baptism or burial shall, on the same, or on the next day, transmit to the rector, vicar, or other minister of such parish or chapelry, or his curate, a certificate of such baptism or burial in the form contained in the schedule (D.) to this act annexed, and the rector, vicar, minister, or curate of such parish or chapelry, shall thereupon enter such baptism or burial according to such certificate in the book kept pursuant to this act for such purpose; and shall add to such entry the following words, ‘According to the certificate of the Reverend ——, transmitted to me on the —— day of ——.’”

“_I do hereby certify, that I did on the —— day of —— baptize, according to the rites of the United Church of England and Ireland, ——, son [or “daughter”] of —— and ——, his wife, by the name of ——._”

_To the Rector_ [or, as the case may be,] _of ——._

“_‘I do hereby certify, that on the —— day of —— A. B. of ——, aged ——, was buried in_ [stating the place of burial], _and that the ceremony of burial was performed according to the rites of the United Church of England and Ireland, by me, ——._

_To the Rector_ [or, as the case may be,] _of ——_.’” (Sect. 4.)

Sect. 5 directs, that the new registers, and also those previously existing, shall be kept by the minister of the parish, “in a dry, well-painted, iron chest, to be provided, and repaired as occasion may require, at the cost of the parish; which chest shall be constantly kept locked in some dry, safe, and secure place within the usual place of residence of such minister, or in the parish church or chapel.”

Sect. 6 directs, that within two months after the expiration of every year, four copies of the registers for the preceding year shall be made on parchment by the clergyman, “or by the churchwardens, chapelwardens, clerk, or other person duly appointed for the purpose, under, and by the direction of, such rector, vicar, curate, or other resident or officiating minister.” The copies are to be verified and signed by the clergyman in a prescribed form, and his signature is to be attested by the churchwardens or chapelwardens, or one of them. These copies are to be sent by post to the diocesan registrars. (Sect. 7.) In case of the minister’s neglecting to verify the copies, the churchwardens shall certify his default to the registrar, by whom it shall be reported to the bishop. (Sect. 9.) Any person convicted of falsifying a register, or allowing it to be falsified, shall be subject to transportation for fourteen years. (Sect. 14.)

Sect. 16 provides, that the act shall not affect the fees payable to any minister for giving extracts of registers, &c.

The act of 52 Geo. III. is still in force as regards the registration of baptisms and burials by clergymen. But as to marriages, an alteration has been made by the acts 6 & 7 Will. IV. c. 80, and 7 Will. IV., and 1 Vic. c. 22. By the former of these acts the general civil registry was instituted. Sect. 30 orders, that the Registrar-general shall, at the expense of the parish or chapelry, furnish the rector, vicar, or curate, of every church and chapel in which marriages may lawfully be solemnized, duplicate register books and forms for certified copies thereof. Sect. 31, that every clergyman, immediately after every office of matrimony solemnized by him, shall register in duplicate the several particulars relating to that marriage, according to a new form, annexed in a schedule to the act. Sect. 33, (explained by 7 Will. IV., and 1 Vic. c. 22,) that the clergyman of every church or chapel shall, in the months of April, July, October, and January respectively, make and deliver to the registrar of his district a true copy, certified by him under his hand, of all the entries of marriages in the register book kept by him for the three months preceding, to the last days of March, June, September, and December respectively; and if there shall have been no marriage since the last certificate, shall certify the fact under his hand; and that one copy of each duplicate register book shall, when filled, be delivered to the superintendent-registrar of the district. Sect. 27 of the act of 1 Vic. provides, that for every entry in the quarterly certified copies the clergyman shall receive sixpence from the registrar, which sum is to be repaid to the registrar by the guardians or overseers of his district.

By the act of 6 & 7 Will. IV. c. 86, sect. 42, 43, any person who shall refuse, or without reasonable cause omit, to register any marriage solemnized by him, or which he ought to register, and every person having the custody of any register book, who shall carelessly lose or injure the same, or carelessly allow the same to be injured while in his keeping, shall forfeit a sum not exceeding £50 for every such offence; and any person who shall wilfully destroy, injure, or in any way falsify any register book, or shall wilfully give any false certificate or extract, shall be guilty of felony.

REGIUM DONUM MONEY. Money allowed by government to the Dissenters. The origin of it was in the year 1723. As the Dissenters approved themselves strong friends to the House of Brunswick, they enjoyed favour; and, being excluded all lucrative preferment in the Church, the prime minister wished to reward them for their loyalty, and, by a retaining fee, to preserve them steadfast. A considerable sum, therefore, was annually lodged with the heads of the Presbyterians, Independents, and Baptists, to be distributed among the necessitous ministers of their congregations.

REGULAR. In the continental churches those persons are called _regulars_ who profess to follow a certain _rule_ (_regula_) of life, and observe the three vows of poverty, chastity, and obedience; in contradistinction to the _seculars_, who live comparatively in the world. The canons of the non-monastic cathedrals were called seculars.

RELICS. In the Roman Church, the remains of the bodies or clothes of saints or martyrs, and the instruments by which they were put to death, are devoutly preserved, in honour of their memory; kissed, revered, and carried in procession. The respect which was justly due to the martyrs and teachers of the Christian faith, in a few ages, increased almost to adoration; and at length adoration was really paid both to departed saints, and to relics of holy men or holy things. The abuses of the Church of Rome with respect to relics are very great and flagrant, and are justly censured in our 22nd Article.

In the early ages of the gospel, when its professors were exposed to every species of danger and persecution, it was natural for Christians to show every mark of respect, both to the bodies and to the memory of those who had suffered death in its cause. They collected their remains and buried them, not only with decency, but with all the solemnity and honour which circumstances would allow. It was also the custom for Christians to hold their religious meetings at the places where their martyrs were buried, by which they seemed as it were, united with them; and to display their attachment to their departed brethren by such rites, as were dictated by the fervour of their devout affection, and were consistent with the principles of their religion. It does not appear that this boundary was ever transgressed in the three first centuries; but in the fourth century, when the pure and simple worship of the gospel begun to be debased by superstitious practices, we find strong proofs of an excessive love for everything which had belonged to those who had distinguished themselves by their exertions or their sufferings for the truth of Christianity, and especially for any part of their garments, hair, or bones. Augustine in Africa, and Vigilantius in Spain, complained loudly of this culpable fondness for relics, which they speak of as a new corruption, then first appearing in the Christian world; but the warm disposition of Jerome led him to stand forward in their defence with more zeal than discretion. However, this learned Father, even while he leans to the opinion that miracles were sometimes wrought by relics, explicitly disclaims all idea of offering them worship. But, when superstition has once made its way into the minds of men, it gradually gains ground; and it is difficult to set limits to it, particularly when there is a set of persons, respected for their piety, who are studious to encourage it. Monks carried about relics; and with great ease, and no small advantage to themselves, persuaded that ignorant age of their value and importance. Under their recommendation and patronage, they were soon considered as the best preservatives against every possible evil of soul and body; and when the worshipping of images came to be established, the enshrining of relics was a natural consequence of that doctrine. This led the way to absolute worship of relics, which was now preached by the Romish clergy as a Christian duty. Every one thought it necessary to possess a relic of some saint or martyr, as the effectual means of securing his care and protection; and fraud and imposition did not fail to furnish a supply proportionable to the demand. The discovery of the catacombs at Rome was an inexhaustible source of relics; and thus the popes themselves became directly interested in maintaining this superstitious worship. The Council of Trent authorized the adoration of relics; and they continue in high esteem among the Papists of the present day. What has been already said is amply sufficient to point out the absurdity of worshipping relics. It is a doctrine manifestly “grounded upon no warranty of Scripture:” it is “a fond thing,” that is, foolish and trifling, in the extreme; directly contrary to the practice of the primitive Christians, and utterly irreconcileable with common sense.—_Bp. Tomline._

RELIGIOUS. This was the term given in our Church before the Reformation to persons engaged by solemn vows to the monastic life. It is still used in this sense on the Continent, and among the Popish Recusants.

REMONSTRANTS. (See _Arminians_.) This name was given to the Arminians, because in 1610 they presented a remonstrance to the states-general of Holland and West Friesland, specifying their grievances.

RENOVATION. Regeneration is the joint work of water and the SPIRIT, or, to speak more properly, of the SPIRIT only; renovation is the joint work of the SPIRIT and the man. Regeneration comes only once, in or through baptism. Renovation exists before, in, and after baptism, and may be often repeated. Regeneration, being a single act, can have no parts, and is incapable of increase. Renovation is, in its very nature, progressive. Regeneration, though suspended as to its effects and benefits, cannot be totally lost in the present life. Renovation may be often repeated and totally lost. Dr. Waterland distinguishes between regeneration and renovation thus:—

1. Grown persons coming to baptism properly qualified, receive at once the grace of regeneration; but, however well prepared, they are not regenerate without baptism. Afterwards renovation grows more and more within them by the indwelling of the SPIRIT.

2. As to infants, their innocence and incapacity are to them instead of repentance, which they do not want, and of actual faith, which they cannot have: and they are capable of being born again, and adopted by GOD, because they bring no obstacle. They stipulate, and the HOLY SPIRIT translates them out of a state of nature into a state of grace, favour, and acceptance. In their case, regeneration precedes, and renovation follows after, and they are the temple of the SPIRIT till they defile themselves with sin.

3. As to those who fall off after regeneration, their covenant state abides, but without any saving effect, because without present renovation: but this saving effect may be repaired and recovered by repentance.

4. With respect to those who receive baptism in a state of hypocrisy or impenitency, though this sacrament can only increase their condemnation, still pardon and grace are conditionally made over to them, and the saving virtue of regeneration, which had been hitherto suspended, takes effect, when they truly repent and unfeignedly believe the gospel.

RENUNCIATION. In holy baptism, the persons baptized, or in the case of infants their sponsors in their name, are asked, “Dost thou renounce the devil and all his works, the vain pomp and glory of the world, with all covetous desires of the same, and the carnal desires of the flesh, so that thou wilt not follow nor be led by them?” And their answer is, “_I renounce them all_.” This renunciation is of very great antiquity, so great indeed that its beginning cannot be traced, nor any time mentioned when it was not used; so that it is probably of apostolic origin.

REPAIRS OF CHURCHES. Anciently the bishops had the whole tithes of the diocese; a fourth part of which, in every parish, was to be applied to the repairs of the church; but, upon a release of this interest to the rectors, they were consequently acquitted of the repairs of the churches.

And by the canon law, the repair of the church belongeth to him who receiveth this fourth part; that is, to the rector, and not to the parishioners.

But custom (that is, the common law) transferreth the burden of reparation, at least of the nave of the church, upon the parishioners; and likewise sometimes of the chancel, as particularly in the city of London in many churches there.

But, generally, the parson is bound to repair the chancel. Not because the freehold is in him, for so is the freehold of the church; but by the custom of England, which hath allotted the repairs of the chancel to the parson, and the repairs of the church to the parishioners: yet so, that if the custom hath been for the parish, or the estate of a particular person, to repair the chancel, that custom shall be good.

As to the vicars, it is ordained by a constitution of Archbishop Winchelsea, that the chancel shall be repaired by the rectors and vicars, or others to whom such repair belongeth. Whereupon Lyndwood observes, that where there is both rector and vicar in the same church, they shall contribute in proportion to their benefice; which is to be understood where there is not a certain direction, order, or custom, unto which of them such reparation shall appertain.

And as rectors or spiritual persons, so also impropriators, are bound of common right to repair the chancels. This doctrine (under the limitations expressed in the foregoing paragraphs) is clear and uncontested: the only difficulty hath been in what manner they shall be compelled to do it; whether by spiritual censures only, in like manner as the parishioners are compelled to contribute to the repairs of the church, since impropriations are now become lay fees; or whether by sequestrations (as incumbents, and, as it should seem, spiritual impropriators of all kinds, may be compelled).

As to this, it is said to have been the opinion of the court of Common Pleas, that the Spiritual Court may grant sequestration upon an impropriate parsonage, for not repairing the chancel (M. 29. C. 2. 3 _Keb._ 829); yet by another book it is said, that the court of Common Pleas did incline that there could be no sequestration; for, being made a lay fee, the impropriation was out of the jurisdiction of the court Christian, and they were only to proceed against the person, as against another layman, for not repairing the church. (T. 22. C. 2. 2 _Vent._ 35.) And by the same case as reported, (2 _Mod._ 157,) it is said that the whole court, except Judge Atkins, were of that opinion.

On the contrary, Dr. Gibson observes, that impropriations, before they became lay fees, were undoubtedly liable to sequestration; that the king was to enjoy them in the same manner as the religious had done, and nothing was conveyed to the king at the dissolution of monasteries, but what the religious had conveyed; that is, the profits over and above the finding of Divine service, and the repairing of the chancel, and other ecclesiastical burdens: and the general saving (he says) in the 31 Henry VIII. c. 13, may be well extended to a saving of the right of the ordinary in this particular, which right he undoubtedly had by the law and the practice of the Church, which said right is not abrogated by any statute whatsoever. And he observes further these things: 1. That although (as was expressly alleged in the two cases above referred to) this power had been frequently exercised by the spiritual courts, yet no instances do appear, before these, of any opposition made. 2. That, in both the said instances, judgment was given, not upon the matter or point in hand, but upon errors found in the pleadings. 3. That one argument against the allowing the ordinary such jurisdiction was _ab inconvenienti_, that such allowance would be a step towards giving ordinaries a power to augment vicarages, as they might have done, and frequently did, before the dissolution.

Where there are more impropriators than one, (as is frequently the case,) and the prosecution is to be carried on by the churchwardens to compel them to repair, it seemeth advisable for the churchwardens first to call a vestry, and there (after having made a rate for the repair of the church, and other expenses necessary in the execution of their office) that the vestry make an order for the churchwardens to prosecute the impropriators, at the parish expense; in which prosecution the court will not settle the proportion amongst the impropriators, but admonish all who are made parties to the suit, to repair the chancel, under pain of excommunication. Nor will it be necessary to make every impropriator a party, but only to prove that the parties prosecuted have received tithes or other profits belonging to the rectory, sufficient to repair it; and they must settle the proportion among themselves: for it is not a suit against them for a sum of money, but for a neglect of the duty which is incumbent on all of them; though it may be advisable to make as many of them parties as can be come at with certainty.

Repairing of the chancel is a discharge from contributing to the repairs of the church. This is supposed to be the known law of the Church, in the gloss of John de Athon upon a constitution of Othobon, (hereafter mentioned,) for the reparation of chancels; and is also evident from the ground of the respective obligations upon parson and parishioners to repair, the first the chancel, the second the church, which was evidently a division of the burden, and by consequence a mutual disengaging of each from that part which the other took. And therefore as it was declared in Serjeant Davie’s case, (2 _Roll’s Rep._ 211,) that there could be no doubt but the impropriator was rateable to the church, for lands which were not parcel of the parsonage, notwithstanding his obligation as parson to repair the chancel; so, when this plea of the farmer of an impropriation, (2 _Keb._ 730, 742,) to be exempt from the parish rate because he repaired the chancel, was refused in the spiritual court, it must probably have been a plea offered to exempt other possessions also from church rates.—_Gibs._ 199, 200.

If there be a chapel of ease within a parish, and some part of the parish have used time out of mind, alone, without others of the parishioners, to repair the chapel of ease, and there to hear service, and to marry, and all the other things, but only they bury at the mother-church, yet they shall not be discharged of the reparation of the mother-church, but ought to contribute thereto; for the chapel was ordained only for their ease.

So in the said case, if the inhabitants who have used to repair the chapel prescribe that they have time out of mind used to repair the chapel, and by reason thereof have been discharged of the reparation of the mother-church, yet this shall not discharge them of the reparation of the mother-church, for that is not any direct prescription to be discharged thereof, but it is, by reason thereof, a prescription for the reparation of the chapel.

If the chapel be three miles distant from the mother-church, and the inhabitants who have used to come to the chapel, have used always to repair the chapel, and there marry and bury, and have never within sixty years been charged to the repair of the mother-church, yet this is not any cause to have a prohibition; but they ought to show in the spiritual court their exemption, if they have any, upon the endowment.

But if the inhabitants of a chapelry prescribe to be discharged _time out of mind_ of the reparation of the mother-church, and they are sued for the reparation of the mother-church, a prohibition lieth upon this surmise.

If two churches be united, the repairs of the several churches shall be made as they were before the union.

_Othobon._ The archdeacon shall cause chancels to be repaired by those who are bound thereunto.—_Ath._ 112.

_Reynolds._ We enjoin the archdeacons and their officials, that, in the visitation of churches, they have a diligent regard to the fabric of the church, and especially of the chancel, to see if they want repair; and if they find any defects of that kind, they shall limit a certain time under a penalty, within which they shall be repaired. Also, they shall inquire by themselves or their officials in the parish where they visit, if there be aught in things or persons which wanteth to be corrected: and if they shall find any such, they shall correct the same, either then, or in the next chapter.—_Lyndw._

The fabric of the church consisteth of the walls, windows, and covering.—_Lyndw._

Where the penalty is not limited, the same is arbitrary (saith Lyndwood): but this cannot intend here (he says) the penalty of excommunication; inasmuch as it concerneth the parishioners _ut universos_, as a body or whole society, who are bound to the fabric of the body of the church: for the pain of excommunication is not inflicted upon a whole body together, although it may be inflicted upon every person severally who shall be culpable in this behalf. And the same may be observed as to the penalty of suspension which cannot fall upon the parishioners as a community or collective body. Yet the archdeacon in this case, if the defect be enormous, may enjoin a penalty, that, after the limited time shall be expired, Divine service shall not be performed in the church, until competent reparation shall be made; so that the parishioners may be punished by suspension or interdict of the place. But if there are any particular persons who are bound to contribute towards the repair, and although they be able, are not willing, or do neglect the same, such persons may be compelled by a monition to such contribution, under pain of excommunication, that so the church may not continue for a long time unrepaired, through their default.—_Lyndw._

But this was before the time that churchwardens had the special charge of the repairs of the church; and it seemeth now that the process shall issue against the churchwardens, and that they may be excommunicated for disobedience.

_Stratford._ Forasmuch as archdeacons and other ordinaries in their visitations, finding defects as well in the churches as in the ornaments thereof, and the fences of the churchyard, and in the houses of the incumbents, do command them to be repaired under pecuniary penalties; and from those that do not obey do exact the same penalties by censures, wherewith the said defects ought to be repaired, and thereby enrich their own purses to the damage of the poor people; therefore that there be no occasion of complaint against the archdeacons and other ordinaries and their ministers by reason of such penal exactions, and that it becometh not ecclesiastical persons to gape after or enrich themselves with dishonest and penal acquisitions; we ordain, that such penalties, so often as they shall be exacted, shall be converted to the use of such repairs, under pain of suspension _ab officio_ which they shall _ipso facto_ incur, until they shall effectually assign what was so received to the reparation of the said defects.—_Lyndw._

By Canon 86. “Every dean, dean and chapter, archdeacon, and others which have authority to hold ecclesiastical visitations by composition, law, or prescription, shall survey the churches of his or their jurisdiction once in every three years, in his own person, or cause the same to be done.”

And by the said canon they were required, from time to time, to certify the high commissioners for causes ecclesiastical, every year, of such defects in any of the said churches as he or they should find to remain unrepaired, and the names and surnames of the parties faulty therein. Upon which certificate the high commissioners were desired by the said canon, _ex officio mero_, to send for such parties, and compel them to obey the just and lawful decrees of the ecclesiastical ordinaries making such certificates. But by the 16 Car. I. c. 11, the High Commission Court was abolished; so that the cognizance thereof now resteth solely upon the ecclesiastical judge.

By the statute of _Circumspecte agatis_, (13 Edward I. st. iv.,) “If prelates do punish for that the church is uncovered, or not conveniently decked, the spiritual judge shall have power to take knowledge, notwithstanding the king’s prohibition.”

“The Church.” This is intended not only of the body of the church, which is parochial, but also of any public chapel annexed to it; but it extendeth not to the private chapel of any, though it be fixed to the church, for that must be repaired by him that hath the proper use of it, for he that hath the profit ought to bear the burden.

Canon 85. “The churchwardens or questmen shall take care and provide, that the churches be well and sufficiently 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.”

If the churchwardens erect or add anything new in the church, as a new gallery where there was none before, they must have the consent of the major part of the parishioners, and also a licence of the ordinary.

But as to the common reparations of the fabric or ornaments of the church, where nothing new is added or done, it doth not appear that any consent of the major part of the parishioners is necessary; for to this the churchwardens are bound by their office, and they are punishable if they do it not. (See however _Rate_.)

If the major part of the parishioners of a parish, where there are four bells, agree that there shall be made a fifth bell, and this is made accordingly, and they make a rate for paying the same, this shall bind the lesser part of the parishioners, although they agree not to it: for otherwise any obstinate persons may hinder anything intended to be done for the ornament of the church.

And although churchwardens are not charged with the repairs of the chancel, yet they are charged with the supervisal thereof, to see that it be not permitted to dilapidate and fall into decay; and when any such dilapidations shall happen, if no care be taken to repair the same, they are to make presentment thereof at the next visitation.

If a church be so much out of repair, that it is necessary to pull it down; or so small, that it needs to be enlarged; the major part of the parishioners, having first obtained the consent of the ordinary to do what is needful, and meeting upon due notice, may make a rate for new building, or enlarging, as there shall be occasion. This was declared in the 29 Car. II. by all the three courts successively, notwithstanding the cause was much laboured by a great number of Quakers, who opposed the rate.

And the proper method of proceeding in such case seems to be thus: namely, that the churchwardens first of all take care that public notice be given in the church for a general vestry of the whole parish for that purpose; which notice ought to be attested and carefully preserved, as being the foundation of all the subsequent proceedings. At the time and place of meeting, the minister and churchwardens ought to attend; and when the parishioners are assembled, the minister is proper to preside; and he, or one of the churchwardens, or such person as shall be appointed by them, ought to enter the orders of the vestry, and then have them read and signed. And agreeable thereunto, a petition to the ordinary for a faculty (setting forth the particulars) should be drawn up and signed by the minister, churchwardens, and parishioners present, and approving thereof. Whereupon the ordinary will issue a monition to cite all persons concerned to show cause why a faculty should not be granted. Upon the return of which citation, if no cause, or not sufficient cause, is showed, the ordinary will proceed to grant a faculty as is desired, and as to him shall seem good.

REPENTANCE (see _Penitence_, _Penance_) signifies a sincere sorrow for all past transgressions of GOD’S laws, an unfeigned disposition of mind to perform the will of GOD better for the future, and an actual avoiding and resisting of those temptations to sin by which we have been overpowered.

REREDOS. A screen behind an altar. In large conventual churches, where there is a space behind the high altar, this was the universal termination of the ritual presbytery; and sometimes, as at Winchester, St. Alban’s, and Durham, this screen was of extreme magnificence. In smaller churches, where the reredos was not required, the altar being at the extreme east, it is seldom found, though an arcade, or other enrichment of the space beneath and at the sides of the east window, sometimes occurs.

RESIDENCE. 1. _Otho._ The bishop shall provide, that in every church there shall be one resident, who shall take care of the cure of souls, and exercise himself profitably and honestly in performing Divine service and administration of the sacraments.—_Athon_ 36.

The rule of the ancient canon law was, that if a clergyman deserted his church or prebend, without just and necessary cause, and especially without the consent of the diocesan, he should be deprived. And agreeable hereunto was the practice in this realm; for though sometimes the bishop proceeded only to sequestration, or other censures of an inferior nature, yet the more frequent punishment was deprivation.—_Gibson_, 827.

2. Regularly, personal residence is required of ecclesiastical persons upon their cures; and to that end, by the common law, if he that hath a benefice with cure be chosen to an office of bailiff, or beadle, or the like secular office, he may have the king’s writ for his discharge.—2 _Inst._ 625.

For the intendment of the common law is, that a clerk is resident upon his cure; insomuch that in an action of debt brought against J. S., rector of D., the defendant pleading that he was demurrant and conversant at B. in another county, the plea was overruled; for, since the defendant denied not that he was rector of the church of D., he shall be deemed by law to be demurrant and conversant there for the cure of souls.—2 _Inst._

3. By the statute of the _Articuli cleri_, (9 _Edw._ II. st. i. c. 8,) in the articles exhibited by the clergy, one is as follows: Also barons of the king’s Exchequer, claiming by their privilege, that they ought to make answer to no complainant out of the same place, do extend the same privilege unto clerks abiding there, called to orders or unto residence, and inhibit ordinaries that by no means, or for any cause, so long as they be in the Exchequer, or in the king’s services, they shall not call them to judgment. “Unto which it is answered,” It pleaseth our lord the king, that such clerks as attend in his service, if they offend, shall be correct by their ordinaries, like as other; but so long as they are occupied about the Exchequer, they shall not be bound to keep residence in their churches. And this is added of new by the king’s council: “The king and his ancestors, since time out of mind, have used that clerks which are employed in his service, during such time as they are in service, shall not be compelled to keep residence at their benefices; and such things as be thought necessary for the king and commonwealth, ought not to be said to be prejudicial to the liberty of the Church.”

By the 21 _Hen._ VIII. c. 13, commonly called the _statute of Non-residence_: As well every spiritual person, now being promoted to any archdeaconry, deanery, or dignity in any monastery, or cathedral church, or other church conventual or collegiate, or being beneficed with any parsonage or vicarage; as all and every spiritual person and persons, which hereafter shall be promoted to any of the said dignities or benefices, with any parsonage or vicarage, shall be personally resident and abiding in, at, and upon his said dignity, prebend, or benefice, or at any one of them at the least; and in case he shall not keep residence at one of them as aforesaid, but absent himself wilfully by the space of one month together, or by the space of two months to be at several times in any one year, and make his residence and abiding in any other places by such time, he shall forfeit for every such default £10, half to the king, and half to him that will sue for the same in any of the king’s courts by original writ of debt, bill, plaint, or information, in which action and suit the defendant shall not wage his law, nor have any essoin or protection allowed. (S. 26.)

And if any person or persons shall procure at the court of Rome, or elsewhere, any licence or dispensation to be non-resident at their said dignities, prebends, or benefices, contrary to this act; every such person, putting in execution any such dispensation or licence for himself, shall incur the penalty of £20 for every time so doing, to be forfeited and recovered as aforesaid, and such licence or dispensation shall be void. (S. 27.)

Comments

Log in to leave a comment.

A church dictionaryChapter LXIII: Act 46: , Parl. 3, Act 106, Parl. 7, Act 24, Parl. 11, King James VI., do (39)

0%37 min left in chapter