Surely these words, which (bearing in mind who was the writer of them) cannot be supposed to have been the offspring of heated ecclesiastical partisanship, are well worthy of consideration, even after the lapse of more than half a century. It does, indeed, seem
sad that parochial difficulties should so often arise in respect of Church sittings. There is no part of the parochial machinery which more requires the free application of the oil of common sense—Christian charity and a true spirit of forbearing courtesy in order to avoid friction. Blessed are the peacemakers.
Difficulties not unfrequently arise in connection with the conveyance of buildings or of land to be used not only for public worship, but also for meetings, classes, etc. The subject was under the consideration of the Committee of the Incorporated Church Building Society in 1889, and with the co-operation of their legal advisers a statement was issued clearly pointing out the advantages and the disadvantages of the several modes of procedure possible. With the permission of the Church Building Society’s Committee, I add in Appendix X a summary of the conveniences and inconveniences of the several Acts. The Minister and Churchwardens are not a corporation with perpetual succession under the common law, though often supposed so to be
because they are specially so made for the purpose of carrying out the Schools Sites’ Acts. The advisers of the Church Building Society on the whole recommend that a conveyance should be made to individual Trustees, “which will be good according to the ordinary law of mortmain as a charitable conveyance, the only real objection to this being that if the conveyance be a gift, without price paid, it will fail if the grantor dies within twelve months.” A form of such conveyance has been settled for the parish of Staines. This form has been printed by the Church Building Society, but they recommend that it should be amended by adding a power, to be used if a consecrated Church is eventually built on the land, to revoke the trusts and convey the land and building for the purpose of a Church to any person or body lawfully authorised to accept such conveyance. If the Staines form is not adopted, it is on the whole recommended that action should be taken under 43 Geo. III, cap. 108. [50]
I pass on to another point. On a vacancy occurring in an incumbency either through the resignation or death of the Incumbent, certain duties of considerable importance devolve upon the Churchwardens. During the vacancy they are in charge of the temporalities of the incumbency, and therefore it is necessary that a sequestration of the living should be issued, empowering them to do such things as are necessary in connection therewith. Application should at once be made with reference to this to the Bishop’s Registrar. It is then their duty to see that Church property, whether in connection with the fabric, endowment, or glebe, suffers no loss during the vacancy. They have also to provide for the services in Church and any occasional duty which may arise. A newly-appointed Incumbent does not become legally responsible for this until he has been instituted, or collated, as the case may be. But it
would be well always if the Churchwardens, immediately on an appointment being notified to them, should communicate with the Incumbent-elect and consult with him as to the best mode of providing for the duty. It is well that Churchwardens should know that the license of a Curate does not lapse in consequence of the death of the Incumbent. Six weeks’ notice within six months after institution is legally necessary if a change is to be made. [52a] The widow of a deceased Incumbent has a right to remain in the parsonage house for two calendar months subsequent to the death of her husband. [52b] All these points should, if possible, be made a matter of friendly arrangement, but the actual law of the case is as I have stated it.
There is one question sometimes asked by Churchwardens to which it may be well to refer. Have they the custody of the keys of the Church, the appointment of the organist, control over the Church music, and over the ringing of the Church bells?
With regard to the keys of the Church. It is the undoubted fact that the church is the freehold of the Incumbent, subject, of course, to the right of the parishioners to be present in it at all legal Services of a religious character. It may be often convenient that the Churchwardens should have a duplicate key of the Church, in order that they may be able to fulfil their duties in connection with the survey of the fabric, or for other causes, but this must be clearly understood to be subject to the will of the Incumbent.
The same with regard to the musical portion of the Service or appointment of the organist. Lord Stowell’s words are:—
“The Minister has the right of directing the Service, e.g., when the organ shall and shall not play, and when children shall chaunt and shall not chaunt, though the organist is paid and the children managed by the Churchwardens.” [53]