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SUPPRESSED

SINECURE

RECTORIES, THE

ESTATES OF

WHICH HAVE
BECOME VESTED

IN THE ECCLE

SIASTICAL

COMMISSION

ERS UP TO JUNE

10. 1847.

6. LIST OF SUPPRESSED SINECURE RECTORIES, THE ESTATES OF WHICH THE ECCLESIASTICAL COMMISSIONERS, UP

HAVE BECOME VESTED
TO JUNE 10. 1847.

IN

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DEGRADATION. (1)

Defined-Degradation necessarily includes deposition-Stat. 23 Hen. 8. c. 1. s. 6.- Ordinary can degrade clerks before corporal punishment-Canon 122.-No sentence of deprivation or deposition to be pronounced against a minister, but by the bishop-Mode of degradation-Dean of the Arches no power to degrade.

Degradation is an ecclesiastical censure, whereby a clergyman is deprived Defined. of his priest's or deacon's orders. (2)

By the common law there are two sorts of degrading; one summary, by word or sentence only; and the other solemnly, by divesting the party degraded of those ornaments and rites, which were the ensigns of his order or degree. (3)

Deposition or degradation from the ministry necessarily includes deprivation of benefice; but a man may be deprived of his benefice without being degraded from the ministry.

Stat. 23 Hen. 8. c. 1. s. 6. reserved to the ordinary the power of degrading clerks convict of treason, petit treason, murder, and certain other felonies there mentioned, before judgment. And Dr. Gibson observes (5), that in the judgment given against Dr. Leighton for publishing a seditious book, it is said as follows: "And in respect the defendant hath heretofore entered into the ministry; and this Court, for the reverence of that calling, doth not use to inflict any corporal or ignominious punishment upon any person, so long as they continue in orders; the Court doth refer him to the High Commission there to be degraded of his ministry;" which being accordingly done, he was set in the pillory, whipped, &c.

By canon 122. "when any minister is complained of in any Ecclesiastical Court belonging to any bishop of his province for any crime, the chancellor, commissary, official, or any other having ecclesiastical jurisdiction to whom it shall appertain, shall expedite the cause by processes and other proceedings against him; and upon contumacy for not appearing shall first suspend him, and afterward, his contumacy continuing, excommunicate him. But if he appear, and submit himself to the course of law, then the matter, being ready for sentence, and the merits of his offence exacting by law either deprivation from his living, or deposition from the ministry, no such sentence shall be pronounced by any person whosoever, but only by the bishop, with the assistance of his chancellor, the dean (if they may conveniently be had), and some of the prebendaries, if the Court be kept near

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Degradation necessarily includes deposition.

Stat. 23 Hen, 8.

c. 1. s. 6.

degrade clerks Ordinary can before corporal punishment.

Canon 122. deprivation or deposition to be against a mipronounced nister, but by the bishop.

No sentence of

DEGRADATION. the cathedral church; or of the archdeacon, if he may be had conveniently, and two other at least grave ministers and preachers, to be called by the bishop, when the Court is kept in other places."

Mode of degradation.

Dean of the arches no power to degrade.

The solemn degradation was thus performed:-"If the offender was a person in inferior orders, then the bishop of the diocese alone; if in higher orders, as priest or deacon, then the bishop of the diocese, together with a certain number of other bishops, sent for the party to come before them. He was brought in, having on his sacred robes, and having in his hands a book, vessel, or other instrument or ornament appertaining to his order, as if he were about to officiate in his function. Then the bishop publicly took away from him, one by one, the said instruments and vestments belonging to his office, saying to this effect:-This and this we take from thee, and do deprive thee of the honour of priesthood; and, finally, in taking away the last sacerdotal vestment, saying thus: By the authority of God Almighty, the Father, the Son, and the Holy Ghost, and of us, we do take from thee the clerical habit, and do depose, degrade, despoil, and deprive thee of all order, benefit, and privilege of the clergy." (1)

This sentence was executed in the most disgraceful manner possible, and from which perhaps originates the common expression of pulling a man's gown over his ears.

It seems that the Dean of Arches cannot per se degrade a clerk from the ministry. (2)

(1) 2 Burns' E. L. 139. Gibson's Codex, 1066.

(2) Vide Clarke v. Heathcote (Clerk), post, 434.

The ancient law or rule of degradation is thus stated in the sixth book of the Decretals (1. 5. t. 9. c. 2.). Degradatio qualiter fieri debeat, à nobis tua fraternitas requisivit. Super quo tibi taliter respondemus ; quòd verbalis degradatio seu depositio ab ordinibus vel gradibus Ecclesiasticis, est à proprio episcopo, sibi assistente in degradatione clericorum in sacris constitutorum ordinibus certo Episcoporum numero diffinito canonibus, facienda: quamquam proprii Episcopi sententia sine aliorum Episcoporum præsentia sufficiat in degradatione eorum, qui minores duntaxat ordines receperunt. Actualis verò sive solemnis cœlestis militiae militis, id est, clerici degradatio, (cum ad eam fuerit procedendum) fiet ut exauctorizatio ejus qui militiæ deservit armatæ, cui militaria detrahuntur insignia, sicque à militia remotus castris rejicitur, privatus consortio et privilegio militari. Clericus igitur degradandus, vestibus sacris indutus, in manibus habens librum, vas, vel aliud instrumentum seu ornamentum ad ordinem suum spectans, ac si deberet in officio suo solemniter ministrare, ad Episcopi

præsentiam adducatur: cui Episcopus publicè singula, sive sint vestes, calix, liber, seu quævis alia, quæ illi juxta morem Ordinandorum Clericorum in sua Ordinatione ab Episcopo fuerint tradita, seu collata, singulariter auferat; ab illo vestimento seu ornamento, quod datum vel traditum fuerat ultimò, inchoando, et descendendo gradatim degradationem continuet usque ad primam vestem, quæ datur in collatione tonsuræ tuncque radatur caput illius seu tondeatur, ne tonsura seu clericatus vestigium remaneat in eodem. Poterit autem

:

Episcopus in degradatione hujusmodi uti verbis aliquibus ad terrorem, illis oppositis, quæ in collatione Ordinum sunt prolata, dicendo presbytero hæc vel similia verba in remotione planeta: Auferimus tibi vestem sacerdotalem, et te honore sacerdotali privamus: sicque in remotione reliquorum insignium similibus verbis utens. In ablatione ultimi, quod in collatione ordinum fuit primum, infrascripto vel alio simili modo pronunciet sive dicat: Auctoritate Dei omnipotentis Patris, et Filii, et Spiritùs sancti, ac nostrâ, tibi auferimus habitum clericalem, et deponimus, degradamus, spoliamus, et exuimus te omni ordine, beneficio, et privilegio clericali.

DEPRIVATION. (1)

1. GENERALLY, pp. 429-433.

Defined

Deprivations determinable by ecclesiastical laws- - Ecclesiastical courts restrained by the temporal courts Procedure previously to the Church Discipline Act Deprivation with or without sentence- Want of orders-Want of age-Refusing to use the Book of Common Prayer Non-adminisNot reading the thirty-nine articles tration of the sacraments Not reading the morning and evening prayers — Non-subscription to the declaration of conformity Simony Pluralities Sequestration

Deprivation with sentence — Affirming doctrines contrary to the thirty-nine articles -Conviction of treason, murder, felony, &c. Perjury Disobedience to the orders and constitutions of the church- Infidelity and miscreancy- Incontinence Drunkenness - Illegal trading · Not taking or subscribing to the oaths of allegiance and supremacy-Illiteracy-Dilapidations-CAUSES OF DEPRIVATION BY THE CANON LAW.

2. BY WHOM SENTENCE MUST BE PRONOUNCED, pp. 433, 434.

Canon 122.

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Sentence of deprivation must be pronounced by the bishop — Judge of the
Chancellors, under stat. 1 & 2 Vict.

Court of Arches can pass sentence of deprivation -
c. 106., have not, seemingly, the power to deprive.

-

1. GENERALLY.

GENERALLY.

Deprivation is when a bishop, parson, vicar, &c. is deposed from his Defined. preferment. Of deprivations there are two sorts: that is to say, a beneficio and ab officio. The deprivation a beneficio is when, for some great crime, &c., a minister is wholly deprived of his living; and deprivation ab officio is where a minister is for ever deprived of his orders, which is also called deposition or degradation. (2)

The causes of ecclesiastical deprivations are determinable by the ecclesi- Deprivations astical laws; but the courts of common law sometimes inspect and regulate determinable by ecclesiastical the proceedings of the ecclesiastical courts; and if they proceed against law. the rules of common law, they will be prohibited. (3)

Previously to the Church Discipline Act, in all cases of deprivation of a person in actual possession of a benefice, it was essentially requisite that a monition, or citation, for the party to appear should be issued; that a charge should be given to him, by which he has to answer, called a libel; that competent time should be assigned to him for the process and interrogatories; that he should have liberty to retain counsel to defend his cause, and to except against the proofs and witnesses; and that a solemn sentence should be pronounced, after hearing all the proofs and answers.

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Ecclesiastical

courts restrained by the temporal courts.

Procedure previously to Discipline Act.

the Church

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