ABOLITION OF CHURCH RATES, effects of, 563, 593.
ABUSES OF OLD ENDOWMENTS, 28-31, 144, 307, 308 notes, 576, 597-604. reform of these, 29.
ACCOUNTS, sound system of, necessary in all business of the Parish, 183. auditing of, 183 (see Auditors). exactness formerly observed in, 554 note‡ (see Balances).
proper course of Vestry as to, 114. of churchwardens, 98, 99.
of surveyors, 112-114.
irregularity and carelessness in, under modern system, 113, 114.
of constables, 130, 131.
of inspectors of lighting, etc. 139. of highway board, 245-248.
of overseers, 58 (see Audit).
ACTIONS brought by Churchwardens, must be laid ad damnum parochiano- rum, 78, 101, 268.
ACTS OF PARLIAMENT (see Statutes). ACTS done by de facto officer, valid, 100, 153.
ADAPTATION, a characteristic of the Common Law of England, 1, 68, 152, (see Common Law).
of sound principles needed, 392, 620. of new requirements to existing institu tions, 23, 34, 35 note, 61, 152, 620. of existing divisions of the land for eccle- siastical purposes, 15, 24, 25. ADJOURNMENT OF VESTRY (see Vestry).
AD QUOD DAMNUM, writ of, 354, 618 note.
"ADMINISTRATION
what are in reality, 556.
ALES, continued.
Bride-ale, 497 note.
Whitsuntide ale, 497, 503, 507, 520. Clerk-ale, 500, 501. Mary ale, 502. Hocking ale, 502. Bid-ale, 501, 504. Give-ale, 503. various ales, 503. Luntis-yield, 502, 503.
meaning of word, 505 and note.
extracts from Parish records as to, 491, 502, 507, 517, 520 (see Festivals). ALLOWANCE, 150, 561.
ALMS in money forbidden, except to "stock" for relief of the poor, 145. AMERCEMENT, of parishes, 19, 607-613. if body be buried before Coroner comes, 373, 379 note.
if Coroner be not sent for, 379 note. if murderer be not taken, 373 note. of Hundred, if robbers be not taken, 395. other instances of, 609 note.
should follow unsatisfactory inquiries,621. how raised, 609.
general rate for defraying, 610. (see Penalties.)
APATHY, evils of, 6, 7, 8, 211-224, 403, 617. tendency to, in the present day, 5 note, 7. APPRENTICES, powers of Overseers as to putting out, 154, 410 note. distinctions as to, 410 note. extracts from minute books as to, 527, 535, 536.
Act of 7 Jac. I. e. 3, as to, 275, 276. apprentice fee, a loan under, 276. boys and girls both to be apprenticed, 276.
APPROPRIATIONS, 28, 31.
(see Church Endowments.)
ARCHDEACON has no discretionary or judicial authority in election of Church- wardens, 71, 90, 91.
compellable to swear in Churchwardens, by mandamus, 91, 93.
ARMOUR KEPT BY PARISHES, 18, 518, 519, 522; for actual use, 523. inventory of, 522.
ARTICLES OF INQUIRY to be made at
Courts Leet, Sheriffs' Tourns, etc. 19, 23, 105, 367, 368, 370, 463, 621. publication of, 19 (see Inquiry).
ARTICLES OF VISITATION, 94-96, 269, 325 note.
ASSESSMENT (see Rates). meaning of, 564.
assessment of Taxes, ancient mode of, 16, 17.
committee for, 231, 562. ancient records of, 16-18. provisions as to, for wages of members of Parliament, 20.
for each "paroche," stated in ancient subsidies, 21.
ASSESSORS AND COLLECTORS OF TAXES, security of, should be ap- proved by Parish, 530 note, 611. ASSISTANCE, COMMITTEE OF, 229. composed of passed officers, to advise those in office, 229.
ASSISTANT OVERSEER, 161–165. appointment of, by bye-law, 161. declaratory statute as to, 161.
choice of, in the Parish only, 161, 163. Poor Law Board cannot appoint, 162, 163 and note.
if the Parish assign duties of, to Collector appointed by Poor Law Board, they lose control over, 162, 164 note. cannot be a Guardian, 162. Vestry Clerk should not be appointed as, 164, 165.
exclusively the officer of the Vestry, 165. was appointed before the earliest sta- tutes relating to, 161, 206. duties of, 162, 164, 165, 556 note. duties of, before New Poor Law, 180 note.
not a permanent officer, 164.
ASSISTANT SURVEYOR, an officer of the Highway Board, 246.
mistake as to, in Highway Act, 245, 246. how differs under former and present Highway Acts, 245, 246.
ATHELSTAN, Laws of, 474 note. AUDIT, importance of, 183.
in small parishes can be made by the Vestry, 183.
committee for, 183, 231, 243, 250. when committee should meet, 184. mode of proceedings as to, 183, 184, 185. extracts in illustration of, 184, 514. officers must bring in accounts to com- mittee, 185.
what vouchers right, 185.
of accounts of different Parish Commit- tees, Boards, and Trustees, 183, 243, 248, 250, 253, 286, 449 note.
AUDITORS, 183-186.
to be appointed by the Parish, 183, 186. of Overseer's accounts, 186.
BAILIFF, 35, 98, 107, 302. BALANCES OF ACCOUNTS formerly paid on table of Vestry, 555 note. BATHS AND WASH-HOUSES ACTS (9 & 10 Vict. c. 74, and 10 & 11 Vict. c. 61), 65, 249-251, 259.
power of parishes to adopt, 249. definition of Vestry by, 65 note. how adopted, 250.
Committee under, 250.
a body corporate, 250.
to make known the Summons to Pa- rish Meetings, 55, 191.
to serve Summonses for Committees, etc. 191.
to attend at Vestries, Committees, etc. 191.
to fulfil requisitions of superior Parish Officers, 191.
to summon Juries for Coroner's In- quest, 191, 373.
attendance at Parish Church, 192. miscellaneous and special duties, 192. an officer of Local self-government, 192. BELLS belong to the Parishioners, 439. minister no control over, 439. when should be rung, 439, 440.
at time of Vestry meeting, 57, 439. for curfew, etc., 440, 511, 513. for funerals, 513.
on all public occasions, 440, 517. case respecting, 297, 439 note. BILLETING SOLDIERS, 45, 130. BILLS IN PARLIAMENT, opposition to, by parishes, 87, 356 note, 533, 539. should be carefully watched in progress,
BISHOPS, duty of, 293, 325.
BOARD FOR REPAIR OF HIGH- WAYS (see Highway Board).
BOARD OF HEALTH, General, what it is, 401 note.
working and effects of, 345, 401 note. unconstitutional powers of, 402 note. (and see Public Health Act.) BOROUGH-RATE, 580. BOROUGH-REEVE, 230. BOROUGH, what, 138, 491. meaning of the word, 230. BORROWHEAD, 121, 230. BORROWING MONEY, repayable in term of years, evils of, 605 note, 606. BORSHOLDER, 15, 68, 121, 230. BOUNDARY, of the Parish should be strictly maintained, 542, 544.
not only by Marks, but by frequent per- ambulation, 544.
when runs in middle of Highways, who to repair the latter, 334, $35, 544. questions of, belong to secular, not eccle siastical jurisdiction, 545, 546.
inscription on, 549.
extract from records as to, 534.
BRAINTREE CASE, affirms the Common Law, 50, 75, 594.
has settled all doubts as to Church Rates, 318, 594.
BRIDGES, bye-law for rate for, good, 50, 106, 585, 586.
repaired by the County, 335.
BULL kept for Parish
BUREAUCRACY the worst form of des- potism, 364.
principle of, 6 note, 225.
means used by, to attain its ends, 254, 365, 412 note, 618 (see Centralization). BURIAL, 443-451.
custom of England as to, 443.
in his parish churchyard, the right of every parishioner, 443, 447, 511. in the church, generally paid for, 511. payment of fees for, illegal, 443, 444. special custom as to, illegal, 445, 446. Spelman on, 444, 446.
such payment is Simony, 443, 445 note, 447, note, 452.
illegality of refusing to bury the poor on Sundays, 445. non-parishioners cannot be buried with- out special leave, 447.
Minister no power to give such leave, 447. apportionment of fees for burial of non- parishioners, depends upon the cus- tom, 447.
modern legislation on, 255.
58 Geo. III. c. 45, as to, 448. bodies found, to be buried by the Parish Officers, 448.
finder of a dead body, within the Parish, to give notice to Churchwardens and Overseers, 448.
of poor persons may be charged on the Poor Rates, 448.
no arrest of the body for debt, 448. suicides, how buried, 448.
after burial, a body cannot be removed, except by special faculty, 450. Churchwardens' duties as to, 447, 448,
body cannot be disinterred except by
Coroner's order, 450.
of one who has died violently, before inquest, indictable, 450.
Coroner's duties as to, 450, 451.
BURIAL ACTS, 186, 241, 255, 447 note,
449 note, 618 note.
Orders in Council under, 450.
as to Inspector under, 450 note. abstract of, 449.
BURIAL BOARD, 254, 255, 449. numbers of, limited, 449.
a Body Corporate, 255, 449. powers of, 449.
applicable to any parish in England, 449. BURIAL GROUND, unlawfulness of fees for dedication of, 444 note†, 623-625.
BURIAL GROUND, continued. origin of consecration of, 444 note 1, 624. proceedings as to, under Burial Acts, 1852, 1853, 449 note, 618 note. Land of the Parish may be appropriated for, 450 note.
fences and walls of churchyard to be kept by Churchwardens, 449. illustration of proceedings as to, at Com- mon Law, 532.
(and see Burial.)
BURIAL RATE, 605 (see Rates).
BUTTS, 518 note, 519 and note. BYE-LAWS, Parish and Leet may make, 47-51, 134, 238 note, 584-586, 608 note. must have a legal commencement, 48 note.
must be for the general good, 47, 585, 586.
examples illustrative of, 47, 48, note, 49, 104, 178, 184, 584, 585 note, 608 note. (and see Parish Records.) meaning of the word, 49. Lord Coke as to, 47, 49, 584. principle on which they rest, 48. also termed "Ordinances," 47, 50. matters of local taxation rest on the same principle as, 50, 585.
due warning of intention to make, must be given, 50, 58, 585, 586.
bind all absent, as well as these present, where made,-due warning having been given, 50, 51, 584, 597. made by majority present, bind the whole, 47, 51.
works of general drainage can be done under, 346 note, 585 note.
officers can be appointed by, 161, 180, 184.
for amercement on refusal to serve offi- ces, 510, 532, 607.
rates made by, 47, 50, 104, 436, 584-586, 610, 613 note (see Records).
CABINET, the, only a Committee of the Privy Council, 66.
CANONS (see Works and Authors cited). of 1571, 79, 80.
of 1603, 72, 79, 85, 198, 200, 311, 453, 624. of 1640, 31, 70, 453, 624.
encroachment by, in election of sides- men, 70 note.
gradual encroachments by, 79, 80. have no force to bind the laity, 72, 73. against laws of the realm, void, 73, 74, 86, 200, 453.
can neither over-ride nor alter Common Law, 72, 74, 75, 81, 86, 202 note. void, except where agree with custom, 73-75.
bind ecclesiastics only, 75.
cannot affect election of churchwardens,
Minister cannot nominate any officer, except when custom is older than, 75, 82, 83, 86, 199, 202 note; not within legal memory, 446. interference with Churchwardens' ac-
counts attempted by, 98.
Stillingfleet on, 72.
Statute of 25 Hen. VIII. c. 19, on, 72, 80.
Statute of 13 Charles II. c. 12, on, 73, 80.
CANONS, continued.
Lord Coke on, 73, 74, 82. Lord Hardwicke on, 75. Sergeant Chauncy on, 74. Lord Hale on, 81.
illogical doctrine, that custom must be proved against, by the parish, other- wise Canon will be taken as a guide, 76.
all Canons attempting to impose charges on the people, void, 32, 33, 623. 89th Canon as to election of Church-
wardens, void, 76, 311.
91st Canon, as to election of Parish
Clerk, void, 198, 199, 200, 202 note. Lords Holt and Hale, that the 89th Canon, concerning choosing of churchwar- dens, is not regarded by Common Law, 77, 81.
Gibson on pertinacious resistance to, 85, 86.
attempt of, to give minister authority às to bells of the church, 297, 439. Laud's, 31, 70; resistance to, 32. declared illegal, 32, 73.
treat the body of the clergy as a police,
CANUTE, Laws of, 600.
CAPS, curious entry as to, in records, 522. CARLISLE, Statute of, 28. CASTING VOTE, 60. "CAUSEY," meaning of, 105. CENTRALIZATION, results of, 6, 212, 213, 226, 404, 425, 460, 588. dreads discussion and social meetings, 555, 556 (see Functionarism). appeals to the selfish passions, 6, 7, 364. in France, rebuke to Functionaries of, by M. Billault, 1856, 224.
CERTAINTY (see Legislation). CERTIFICATES as to settlement of the poor, what, 528 note.
CESSPOOLS, when and where they should be made, 342.
CHAIRMAN, of Vestry Meeting, duties of, 58-60 (see Vestry).
illegal for Parson or Minister to claim to be, 292, 298, 325, 330 (see Clergy). of Committees, 257. CHAPEL, 40.
often in subdivisions of parishes, 34, 40. several instances of, in Domesday Book
and Inquisitiones Nonarum, 42. CHAPELRIES, usually identical with townships, and nothing to do with dis- tricts under New Parishes' Act, 1856, 42, 43.
distinction between wardens of, and Pa- rish churchwardens, wrong, 151.
CHARITABLE TRUSTS, 28.
(see Parish Charities).
CHARITABLE TRUSTS ACT of 1853 (16 & 17 Vict. c. 137), 277-283, 286. unfavourably contrasts with that of Eli- zabeth, 275, 278.
true character of, 277, 278. action of, 280, 283.
does not enforce responsibility to Vestry, 280, 281.
exparte proceedings by trustees under, 281 and note.
uncertainty introduced on many points by, 280.
arbitrary powers of irresponsible Board appointed under, 280, 282.
makes Charity Board superior to the Courts of Law, 283.
of 1855, (18 & 19 Vict. e. 124), 51, 6, 277, 283, 284.
requires annual account of charities to be given to Churchwardens, 253. (see Parish Charities.)
CHARITIES, Parish (see Parish Cha- rities).
CHARITIES, two classes of, 278.
Act of 43 Eliz. as to inquiry into abuses of, 275.
Act of James as to, 276.
sound mode of dealing with, 279. CHARLATANISM, 345, 616, 620. CHIEF CONSTABLE, 121, 122 note. under County Constabulary Acts, 127, 133, 140.
CHIEF PLEDGE, 121, 230. CHIMES, 440.
CHOICE OF OFFICERS, rotation in, 220, 221.
place of birth, no test of fitness for, 221. CHRISTIANITY, injunctions and spirit of, 53, 214, 215, 218, 438, 452.
CHURCH, dissent from, caused mainly by departure of her Ministers from true functions, 290, 329, 437. revision of the laws of, 453. Statutes and Laws of, now binding on the clergy, 301 note, 307-309, 452, 453 note.
injurious notions as to, 329, 437. The Free church of the people, the true
name of, 437, 438, 587, 591, 603, 604. illegality of accepting fees for any of the offices of, 445 note, 451, 455.
all have a right to the offices of, free, 588.
how supported, 589.
if Church-rates abolished, State must support, 590, 592. CHURCH-ALES (see Alea).
CHURCH BUILDING ACT, (10 Anne, c. 11) sound principle of, as to New churches, 39, 42 note (see Table of Statutes).
CHURCH BUILDING ACTS, 39, 40, 594 note, 596 (see New Parishes Act). CHURCH ENDOWMENTS, abuses of, 28, 29, 307-309, 576, 597–604. Archdeacon Hale on, 597. quadripartite division of, 598, 599. right of the poor to a part of, 598-600, 601.
tripartite division of, in England,-one
part to the poor, one to the clergy, and one to the repair of the church, 308, 598-600.
the church fabric to be repaired out of, 598-603.
CHURCH (FABRIC), repairs of, rightly to be done by parson, 307, 308, 435, 451, 597-604.
quotations as to, 307-309, 597–604.
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