Romish error of purgatory, has not been prohiited by any law or canon of our Church; but he learned judge clearly laid it down that the lefendant would have been liable if the inscription ad been illegal. Before concluding this chapter, it may not be miss to furnish the churchwardens with the folowing extract from Dr. Phillimore's edition of Burn's "Ecclesiastical Law," with reference to he power and authority of the churchwardens over the bells of the church (x). "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 outrageously breaking into the belfry of the parish church of and without leave and permission of the rector, and in defiance of his authority, several times ringing the bells in the said church. (x) See vol. i. p. 135. 284 Churchwardens' Power over Bells. "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 special 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" (y). (y) 3 Hagg. 173, ante, p. 278. See also some valuable observations on the ringing of the bells of the church in two little pamphlets published by the Cambridge Camden Society, called A few Hints to Churchwardens on Churches and Church Ornaments. No. 1, Suited to Country Parishes. No. 2, Suited to Town and Manufacturing Parishes. These are most valuable little pamphlets, and ought to be in the hands of every Churchwarden. 285 CHAPTER V. ON VISITATIONS AND PRESENTMENTS-ON SEQUESTRATIONS ON THE GOING OUT OF OFFICE, AND THE PASSING OF THE CHURCHWARDENS' ACCOUNTS. SECTION I. On Visitations and Presentments, and the General Duties of the Churchwardens, as the Guardians of the Moral Character and Public Decency of the Parish. For the government of the church and the correction of offences, visitations of parishes and dioceses were instituted in the ancient church, that so all possible care might be taken to have good order kept in all places (a). For the first six hundred years after Christ, the bishops in their own persons visited all the parishes within their respective dioceses every year, and they had several deacons in every diocese to assist them. After that they had authority in case of sickness, or other public concerns, to delegate priests or deacons to assist them; and hereupon, as should seem, they cantoned their great dioceses into archdeaconries, and gave the archdeacons commission to visit and inquire, and to give them (a) God. Append. 7. 286 Visitations and Presentments. an account of all at the end of their visitation, and the bishops reserved the third year to themselves, to inform themselves (amongst other things) how the archdeacons, their substitutes, performed their duties (b). The archdeacon at first had, properly speaking, no jurisdiction; but in progress of time he ceased to be the mere delegate of the bishop, and attained a substantial jurisdiction (being himself an ordinary, and not simply acting as the vicar-general by the bishop's delegated power); but the office is clearly an emanation from the episcopal authority, and its use is to carry out into the detail of cases the bishop's office and care; not regarding merely the fabric of the church, or its external possessions and endowments alone, but taking cognizance of persons as well as things, and bearing on all points, which are not of necessity limited to the episcopate, its portion of the bishop's spiritual charges (c). The churchwardens are obliged twice every year (d), i. e. at these visitations of the bishop, archdeacon, or other ordinary, to make their presentments according to the articles given to them for that purpose (e), of all such things as are amiss in their parishes, and may, if they think fit, do it oftener, as there shall be an occasion; but cannot (b) Degge, p. 2, c. 15; Johns, 151. (c) Archdeacon Wilberforce's Charge, pp. 4,5. (d) i. e. where it hath been used to have two visitations in the year, but generally there is but one. Can. 116. (e) See ante, p. 40, and post, Appendix. These articles are, by Can. 119, to be supplied to the churchwardens by the archdeacon or other ordinary, when they make their solemn declaration; and by the bishop, when he summons his visitation. Presentments by Churchwardens. 287 be forced thereto, unless only when the bishop visits (f). At the Easter visitation, when the churchwardens go out of their office, they must take care to make these presentments before the new churchwardens are admitted. For after the new ones are admitted the old ones are out of their office, and therefore can then have no right to present as churchwardens (g). They are bound to present, not only from their own knowledge, but also from common fame; so that if there be a common fame in the parish of any one that he lives incontinently, is a common swearer, or in any other particular contained in the articles is a breaker of the laws of the church, the churchwardens are bound to present him at the next visitation, that inquiry may be made thereinto; and they are guilty of the breach of their oath whenever they omit it (h). In case the churchwardens omit to present any of those particulars, of which there is such a common fame in their parish, they may be forced to do it by the ordinary in his visitation, on his having notice of the thing; and if they refuse so to do, may be proceeded against as wilful breakers of their oath (i), and in the interim be barred the communion by the minister of the parish (k). As it is the duty of the minister, so also it is of every good Christian, to advise the churchwardens of what is amiss in their respective parishes, and (f) Can. 116, 117. Prid. 2. (i) Or rather since 5 & 6 W. 4. c. 62, s. 9, of their solemn |