BELLS. No special law exists for procuring or adding new bells - Optional with the parishioners to find bells-When parishioners taxable for bells Canons 15. 67. 88. and 111. The property of the church bells is in the churchwardens. There are many articles belonging to a church for which no provision is made by any special law, and therefore must be referred to the general power of the churchwardens (1), with the consent of the major part of the parishioners, and under the direction of the ordinary. Among such articles, for which no special law (2) exists, the procuring of or adding new bells may be included. No special law exists for procuring or adding new bells. ers to find By a constitution of Archbishop Winchelsey (3), the parishioners were Optional with to find, at their own expense, bells with ropes: but in Pearce v. Clapham the parishion(Rector of) (4) Sir William Wynne observed, "A ring of bells cannot bells. be provided for without expense-as for ropes, tuning, &c. Suppose at one time the parishioners are willing to take upon themselves such expenses, and at another time refuse, the ordinary could not compel the parishioners to keep the bells in order, because they are in the steeple. There must be a bell to ring to church, and to toll at funerals, but that is all." ioners taxable for bells. But if a person occupy lands in a parish, he is taxable to a rate for bells: When parishthus, in Woodward v. Makepeace (5), where it was contended that bells were but ornaments, and for which a parishioner was not taxable, Chief Justice Holt said, "If he be an inhabitant as to the church, which is confessed, how can he not be an inhabitant as to the ornaments of the church?" The 15th, 67th, 88th, and 111th canons relate to bells, and are as follow: "The litany shall be said or sung when, and as it is set down in the Book Canon 15. of Common Prayer, by the parsons, vicars, ministers, or curates, in all cathedral, collegiate, parish churches and chapels, in some convenient place, according to the discretion of the bishop of the diocese, or ecclesiastical ordinary of the place. And that we may speak more particularly, upon Wednesdays and Fridays weekly, though they be not holydays, the minister, at the accustomed hours of service, shall resort to the church and chapel, and, warning being given to the people by tolling of a bell, shall say the litany prescribed in the Book of Common Prayer; whereunto we wish every householder, dwelling within half a mile of the church, to come or send one at the least of his household, fit to join with the minister in prayers." (1) Vide post, tit. CHURCHWARDENS. (2) There does not seem to be any law against the use of bells by Roman Catholics or other dissenters from the established church. In the south of Ireland many Roman Catholic chapels have used bells for years, and no proceedings have been taken (3) Lyndwood, Const. Prov. Ang. 252. (4) 3 Hagg. 16. BELLS. Canon 67. Canon 88. Canon 111. The property of the church bells is in the churchwardens. "When any person is dangerously sick in any parish, the minister or curate (having knowledge thereof) shall resort unto him or her (if the disease be not known or probably suspected to be infectious) to instruct and comfort them in their distress, according to the order of the communion book, if he be no preacher; or if he be a preacher, then as he shall think most needful and convenient. And when any is passing out of this life, a bell shall be tolled, and the minister shall not then lack to do his last duty. And after the party's death (if it so fall out) there shall be rung no more but one short peal, and one other before the burial, and one other after the burial." "The churchwardens or questmen, and their assistants, shall suffer no plays, feasts, banquets, suppers, church-ales, drinkings, temporal courts, or leets, lay juries, musters, or any other profane usage, to be kept in the church, chapel, or churchyard; neither the bells to be rung superstitiously upon holydays or eves abrogated by the Book of Common Prayer, nor at any other times, without good cause, to be allowed by the minister of the place and by themselves." (1) "In all visitations of bishops and archdeacons, the churchwardens or questmen and sidemen shall truly and personally present the names of all those which behave themselves rudely and disorderly in the church, or which, by untimely ringing of bells, by walking, talking, or other noise, shall hinder the minister or preacher." In Starky v. Watlington (Churchwardens of) (2) prohibition was granted to stay a suit in the spiritual court, for taking away two bells out of the steeple; for the churchwarden is a corporation, and the property is in him, and he may bring trover at common law. As the property of the bell-ropes of a parish church is in the churchwardens of the parish, it is not actionable to say of a churchwarden, that "he stole the bell-ropes of his own parish." (3) (1) Respecting the question, how far bells are subject to the control of the incumbents, and how far to churchwardens, Dr. Phillimore has given the following opinion. (1 Burn's E. L., by Phillimore, 134, 135.) "Although the churchwardens may concur in directing the ringing or tolling of the bells on certain public and private occasions, the incumbent nevertheless has so far the control over the bells of the church, that he may prevent the churchwardens from ringing or tolling them at undue hours, and without just cause. Indeed, as the freehold of the church is vested in the incumbent, there is no doubt that he has a right to the custody of the keys of the church, subject to the granting admission to the churchwardens, for purposes connected with the due execution of their office. Proceedings may be instituted in the ecclesiastical court against churchwardens who have violently and illegally persisted in ringing the bells without consent of the incumbents. The citation may be as follows:-'For violently and out rageously breaking into the belfry of the parish church of, and without the leave and permission of the rector, and in defiance of his authority, several times ringing the bells in the said church.' "I have not been able to discover any judicial decision directly upon this point, but the preceding statement is in accordance with the opinions given by several eminent civilians upon the subject. The exclusive right of the minister to the custody of the key of the church is clearly laid down by Sir John Nicholl, in Lee v. Matthews, S Hagg. 173. The minister has, in the first instance, the right to the possession of the key, and the churchwardens have only the custody of the church under him. If the minister refuse access to the church on fitting occasions, he will be set right on application and complaint to higher autho rities.'" (2) 2 Salk. 547. (3) Jackson v. Adams, 2 Bing. N. C. 402. BENEFACTIONS. Stat. 17 Car. 2. c. 3. ss. 7 & 8. Lands or tithes may be annexed to benefice - Lands, rents, and tithes, may be accepted by incumbents Stat. 1 & 2 Gul. 4. c. 45. Lands tithes, rents, &c. may be settled upon incumbents Stat. 17 Geo. 3. c. 53. s. 21. Waste or common lands may be granted to an incumbent — No directions as to the person to whom grant to be made, and no power given to incumbent to accept. Stat, 43 Geo. 3. c. 108. s. 1. Lands or tenements to the extent of five acres, and goods or chattels to the value of 500l., may be given and granted by private owners to an incumbent · - Limitation of power to make grants- Stat. 43 Geo. 3. c. 108. s. 4. Land held in mortmain may be annexed to a benefice— Stat. 51 Geo. 3. c. 115. s. 1. Land belonging to the crown to the extent of five acres may be granted- Stat. 51 Geo. 3. c. 115. s. 2. Waste lands to the extent of five acres may be granted to an incumbent · Stat. 55 Geo. 3. c. 147. s. 5. House with outbuildings and appurtenances may be granted to an incumbent· Stat. 58 Geo. 3. c. 45. ss. 33, 34.-House, garden, and appurtenances, or land, may be annexed to a benefice by the Church Building Commissioners Stat. 59 Geo. 3. c. 134. s. 20. Materials for building a house of residence for an incumbent—Stat. 3 Geo. 4. c. 72. s. 1. Messuages, buildings, or lands, may be annexed to a benefice by the commissioners for building new churches-Stat. 55 Geo. 3. c. 147. s. 4. Copyhold lands and buildings may be annexed to a benefice Lands, tenements, hereditaments, goods, and chattels, may be granted to an incumbent through the Governors of Queen Anne's Bounty-Stat. 45 Geo. 3. c. 84. extending stat. 2 & 3 Anne, c. 11.-Governors of Queen Anne's Bounty not restricted by mortmain acts. Stat. 3 & 4 Vict. c. 60. ss. 2, 3, & 17.- Stat. 6 & 7 Vict. c. 37. s. 22. Exemption of Ecclesiastical Commissioners from the restrictions of the Mortmain Acts. By stat. 17 Car. 2. c. 3. ss. 7 & 8. (repealed by stat. 1 & 2 Vict. c. 106., but partially revived by stat. 6 & 7 Vict. c. 37. s. 35.), the owner of an impropriation, tithes, or portion of tithes, can give or bestow, unite and annex, the same or any part thereof to the parsonage, vicarage, or curacy of the parish church or chapel where the same do lie or arise; and lands, tenements, rents, tithes, or other hereditaments, may be accepted by the incumbent of any parsonage or vicarage with cure below the value of 100l. per annum, clear and above all charges and reprises. Stat. 17 Car. 2 c. 3. ss. 7 & 8. Lands or tithes may be annexed to a benefice. Lands, tene ments, rents, and tithes, may be accepted by incumbents. By stat. 1 & 2 Gul. 4. c. 45. lands, tithes, rents, &c., may be settled for Stat. 1 & 2 Gul. the benefit of incumbents under that statute. By stat. 17 Geo. 3. c. 53. s. 21. the archbishop or bishop of any diocese, or any other ecclesiastical corporation, being lords of manors within which there are waste or common lands, parcel of the demesnes of such manor, lying convenient for a residence, house, or buildings, can grant a part or parts of such waste lands in perpetuity for the several purposes of that act; leaving sufficient common for the persons having rights of common upon such lands, and obtaining the consent of the lessee, if such lands shall be in lease: but it is to be observed that this statute neither expresses to whom such grant is to be made, nor empowers the incumbent to accept it. By stat. 43 Geo. 3. c. 108. s. 1. persons can, by deed enrolled or by will, give lands not exceeding five acres, or goods and chattels not exceeding 500l., for erecting, rebuilding, repairing, purchasing, or providing any church or chapel where the liturgy and rites of the Church of England are used or observed, or any mansion-house for the residence of any minister of such church, or any outbuildings, offices, churchyard, or glebe, (the 4. c. 45. Stat. 17 Geo. 3. c. 53. s. 21. Waste or common lands may be granted to an incumbent. No directions as to the person to whom grant to be made, and no power given to incumbent to accept. Stat. 43 Geo. 3. c. 108. s. 1. BENEFACTIONS. Consent and approbation of the ordinary being first obtained,) without any license or writ of ad quod damnum: but these powers do not extend to persons within age, or insane, or to women covert without their husbands: Lands or tene- and by stat. 43 Geo. 3. c. 108. ss. 2 & 3. no more than one such gift or devise can be made by any one person; and where it exceeds five acres in lands or tenements, or 500l. in goods and chattels, the chancellor may reduce it to that extent: and no glebe containing upwards of fifty acres can be augmented with more than one acre. ments to the extent of five acres, and goods or chat tels to the value of 500l., may be given and granted by private owners to an incumbent. Stat. 43 Geo. 3. c. 108. ss. 2 & 3. Limitation of grants. By stat. 43 Geo. 3. c. 108. s. 4. plots of land, not exceeding one acre, held in mortmain, lying convenient to be annexed to, or to be employed as the site of any church or chapel, or house of residence, may be granted either by exchange or benefaction; but they must be conveyed by a deed duly enrolled. By stat. 51 Geo. 3. c. 115. s. 1. the king can, by deed or writing under power to make the great seal, or under the seal of the duchy of Lancaster, vest in any person any land, not exceeding five acres, for building or repairing any church or chapel of the established religion, or any mansion-house for the residence of the minister. (1) Stat. 43 Geo. 3. c. 108. s. 4. Land held in mortmain may be annexed to a benefice. Stat. 51 Geo.3. By stat. 51 Geo. 3. c. 115. s. 2. any persons, bodies politic and corporate, having the fee simple of any manor, can, by deed enrolled in chancery, grant to the rector, vicar, or other minister of any parish church, or to the curate or minister of any chapel of the established church, any land not exceeding five statute acres, parcel of the waste of the manor, and lying within the parish or extra-parochial district where such church or chapel is situated, to erect a mansion-house or other buildings thereon, or make other conveniences for the residence of the rector, &c., discharged from all Stat. 51 Geo. 3. rights of common. c. 115. s. 1. Land belonging to the Crown to the extent of five acres may be granted. c. 115. s. 2. Waste lands to the extent of five acres may be granted to an incumbent. Stat. 55 Geo. 3. c. 147. s. 5. House and appurtenances may be granted to an incumbent. Stat. 58 Geo. 3. House and land may be annexed By stat. 55 Geo. 3. c. 147. s. 5. persons and corporations, being owners in fee simple, can, with the consent of the incumbent, patron, and bishop, give, grant, and convey by deed indented, and to be registered, to incumbents, any messuage, outbuildings, yard, garden, orchard and croft, with their appurtenances, or any right of way, or other easement, whether lying within the local limits of the benefice or not, but being conveniently situated for actual residence or occupation by the incumbent thereof; but this power does not extend to minors or lunatics, or to femes covert without their husbands. By stat. 58 Geo. 3. c. 45. ss. 33 and 34. (2), the church building commisc. 45. ss. 33, 34. sioners can take from the crown, or from bodies politic, corporate, or collegiate, and corporations aggregate and sole, or from private persons, a house, garden, appurtenances, or land (not exceeding in either case ten acres) for sites for churches or for the residence of the incumbent of a new church or chapel built under the provisions of the Church Building Acts. By stat. 59 Geo. 3. c. 124. s. 20., stone, slate, timber, or other materials for Stat. 59 Geo. 3. building a house of residence for an incumbent of a new church may be granted by the intervention of the church building commissioners. to a benefice by the church building commissioners. c. 134. s. 20. Materials for building a house of re sidence for an incumbent. By stat. 3 Geo. 4. c. 72. s. 1. the Crown, Board of Ordnance, or other public departments, all corporations, or private individuals can grant mes (1) Et vide stat. 2 & 3 Vict. c. 49. ss. 20. 22. (2) Stephens' Ecclesiastical Statutes, 1116. suages, buildings, lands, &c., to the church building commissioners, to be BENEFACTIONS. used as sites for churches, &c., or for residences for ecclesiastical persons. Stat. 3 Geo. 4. Copyhold lands and buildings held of a manor belonging to a benefice may, with the consent of the patron and bishop, be annexed by the incumbent to his benefice as glebe, whether they are within the limits of his benefice or not. By stat. 2 & 3 Anne, c. 11., confirmed by stat. 43 Geo. 3. c. 107., lands, tenements and hereditaments, goods and chattels, can be given to the governors of Queen Anne's Bounty, towards the augmentation of the maintenance of the poorer clergy, either by deed enrolled, or by will (and now as to real estates by stat. 1 & 2 Vict. c. 20.), by any persons, except they be within age, or of non-sane memory, or women covert without their husbands. Stat. 45 Geo. 3. c. 84. extended the provisions of stat. 2 & 3 Anne, c. 11., whereby money, goods, chattels, and other personal effects may be given to the governors without a deed, or may be bequeathed to them by a will executed according to law. In consequence of the governors of Queen Anne's Bounty being thus wholly exempted from the restrictions of the Mortmain Acts, real or personal estate to any amount may be given to them for the general purposes of the corporation, or for the augmentation of particular benefices, not having a settled competent provision: and from these several provisions it will be seen, that the Mortmain Acts are also considerably relaxed in favour of the commissioners for building new churches (1); and the Church Building Acts contain various provisions authorising the endowment of new churches and chapels with real and personal estate. (2) By stat. 3 & 4 Vict. c. 60. ss. 2 & 3. a license in mortmain is not requisite in cases of endowment, grant, or conveyance, of houses, lands, &c., under the Church Building Acts, except when the endowments, at one or at different periods, exceed the clear annual value of 3001. By stat. 6 & 7 Vict. c. 37. s. 22. the ecclesiastical commissioners are exempted from the provisions of the Mortmain Acts to the same extent as the governors of Queen Anne's Bounty (3), for the purpose of the endowment of ministers of districts created under that statute, and the providing of churches or chapels for such districts; every person or body corporate being thereby enabled to give to the commissioners any real or personal estate, by deed enrolled in the case of real estate, and without deed in the case of personalty, or by will executed according to law. (1) Hodgson's Instructions, 133. (2) Vide post, tit. CHURCH BUILDING ACTS. (3) Stat. 2 & 3 Anne, c. 11., & stat. 45 Geo. 3. c. 84. c. 72. s. 1. Messuages, buildings, or lands, may be annexed to a benefice by the commissioners for building c. 147. s. 4. ments, here ditaments, goods, and chattels may be granted to an incumbent through the governors of 1 Queen Anne's Bounty. Stat. 45 Geo. 3. c. 84. extend ing stat. 2 &3; Governors of Bounty not restricted by Mortmain Acts. Stat. 3&4 Vict. c. 60. ss. 2, 3. |