A church dictionary

by Walter Farquhar Hook

Canon 82. “And other chosen sentences shall, at the like charge, be written upon the walls of the said churches and chapels in places convenient.”

Lord Coke says, “Concerning the building or erecting of tombs, sepulchres, or monuments for the deceased in church, chancel, common chapel, or churchyard, in convenient manner, it is lawful; for it is the last work of charity that can be done for the deceased; who, whilst he lived, was a living temple of the Holy Ghost, with a reverent regard and Christian hope of a joyful resurrection. And the defacing of them is punishable by the common law, and those who build or erect the same shall have the action during their lives, and, after their decease, the heir of the deceased shall have the action. But the building or erecting the sepulchre, tomb, or other monument, ought not to be to the hinderance of the celebration of Divine service.”

Of grave-stones, (he says,) winding-sheets, coats of arms, penons, or other ensigns of honour, hung up, laid, or placed in memory of the dead, the property remains in the executors; and they may have actions against such as break, deface, or carry them away, or an appeal of felony.

But Sir Simon Degge says, he conceives that this must be intended, by licence of the bishop, or consent of the parson and churchwardens.

Dr. Watson says, this is to be understood of such monuments only as are set up in the aisles belonging to particular persons; or if they be set up in any other part of the church, he supposes it is to be understood that they were placed there with the incumbent’s consent.

And Dr. Gibson observing thereupon says thus:—“Monuments, coat armour, and other ensigns of honour, set up in memory of the deceased, may not be removed at the pleasure of the ordinary or incumbent. On the contrary, if either they or any other person shall take away or deface them, the person who set them up shall have an action against them during his life, and after his death the heir of the deceased shall have the same, who (as they say) is inheritable to arms, and the like, as to heir-looms: and it avails not that they are annexed to the freehold, though that is in the parson. But this, as he conceives, is to be understood with one limitation; if they were set up with consent of the ordinary; for though (as my Lord Coke says) tombs, sepulchres, or monuments may be erected for the deceased, in church or chancel, in convenient manner, the ordinary must be allowed the proper judge of that conveniency; inasmuch as such erecting, he adds, ought not to be to the hinderance of the celebration of Divine service. And if they are erected without consent, and upon inquiry and inspection be found to the hinderance of Divine service, he thinks it will not be denied that in such case the ordinary has sufficient authority to decree a removal, without any danger of an action at law.”

If any superstitious pictures are in a window of a church or aisle, it is not lawful for any to break them without licence of the ordinary: and in Pricket’s case, Wray, chief justice, bound the offender to good behaviour.

Besides what has been observed in particular, there are many other articles for which no provision is made by any special law, and therefore must be referred to the general power of the churchwardens, with the consent of the major part of the parishioners as aforesaid, and under the direction of the ordinary; such as the erecting galleries, adding new bells, (and of consequence, as it seems, salaries for the ringers,) organs, clock, chimes, king’s arms, pulpit cloths, hearse cloth, rushes or mats, vestry furniture, and such like. The soil and freehold of the church and churchyard is in the parson; but the fee simple of the glebe is in abeyance. And if the walls, windows, or doors of the church be broken by any person, or the trees in the churchyard be cut down, or grass there be eaten up by a stranger; the incumbent of the rectory (or his tenant, if they be let) may have his actions for the damages. But the goods of the church do not belong to the incumbent, but to the parishioners; and if they be taken away or broken, the churchwardens shall have their action of trespass at the common law.

The magnificence of the first Jewish temple was acceptable to God; and the too sparing contributions of the people towards the second, was severely reproved; and therefore no one can justly complain, that the ornaments now made use of in our churches are too many, or expensive. Far from us be all ornaments unbecoming the worship of a spirit, or the gravity of a church; but it has an ill aspect when men think that well enough in God’s house, which they would not endure in the meanest offices of their own. It is not enough barely to devote churches to the public services of religion, unless they are set apart with the solemn rites of a formal dedication. By these solemnities the founders were accustomed to surrender all the right they had in them, and make God himself the sole owner. And whoever gave any lands or endowments to the service of God, gave it in a formal writing, sealed and witnessed, (as is now usual in common transactions,) the tender of the gift being made upon the altar, by the donor on his knees. At the consecration of both the tabernacle and the temple of the Jews, it pleased the Almighty to give a manifest sign that he then took possession of them. (Ex. xl. 34; 1 Kings viii. 10, 11.)—Wheatly.

Temples, and other utensils designed by God himself, are holy as related to him by that designation. Temples, utensils, lands, &c. devoted and lawfully separated by man, for holy uses, are holy as justly related to God by that lawful separation. To say, as some do, that they are indeed consecrated and separated, but not holy, is to be ridiculously wise by self-contradiction, and the masterly use of the word holy contrary to custom and terms. Ministers are more holy than temples, lands, or utensils, as being more nearly related to holy things. And things separated by God himself are more holy than those justly separated by man. And so of days.—Baxter.