The Legal Position of the ClergySmith, Philip Vernon
Religion
The Legal Position of the Clergy
Smith, Philip Vernon
Canon law; Clergy -- Legal status, laws, etc. -- Great Britain; Ecclesiastical law -- Great Britain
[186] Groves _v._ Rector of Hornsey (1793) 1 Hag. Cons. 188; Clayton
_v._ Deane (1849) 7 Not. of Ca. 46, 53; Vicar of Tottenham _v._ Venn
(1874) L. R. 4 A. & E. 221; Peek _v._ Trower (1881) 7 P. D. 21; Nickalls
_v._ Briscoe (1892) P. 269. See also note (1) on p. 146 below.
[187] Ridsdale _v._ Clifton (1877) 2 P. D. 276. See note (1) on p. 87.
[188] Elphinstone _v._ Purchas (1870) L. R. 3 A. & E. 66.
[189] Enraght's case (1881) L. R. 6 Q. B. D. 376; (1882) 7 A. C. 240.
[190] _Re_ Robinson: Wright _v._ Tugwell (1897) 1 Ch. 85.
[191] Sumner _v._ Wix (1870) L. R. 3 A. & E. 58; The Archbishops on
Incense and Lights in Processions: Hearing at Lambeth (1899) _Times_,
Aug. 1 (also published by Macmillan & Co., 1899, price 1s.)
[192] Read _v._ Bishop of Lincoln (1891) P. 9; (1892) A. C. 644.
[193] Ridsdale _v._ Clifton (1877) 2 P. D. 276. The First Prayer Book of
1549 prescribed unleavened wafers, but directed that each must be
divided and distributed in two or more pieces, in order, no doubt, that
the symbolism indicated in 1 Cor. x. 17 might not be wholly lost.
[194] Read _v._ Bishop of Lincoln, _ubi sup._ The legality of the usual
hymns and music has been long recognised; Hutchins _v._ Denziloe (1792)
1 Hag. Cons. 170.
[195] Martin _v._ Mackonockie (1868) L. R. 2 P. C. 365; (1869) L. R. 3
P. C. 52; Read _v._ Bishop of Lincoln, _ubi sup._
[196] Read _v._ Bishop of Lincoln, _ubi sup._
[197] Archbishops' Hearing at Lambeth (1900) _Times_, May 2. See ch.
viii. § 1.
[198] Canon 68; Prayer Book Rubric.
[199] Canon 69.
[200] Canon 29.
[201] Canon 21; Prayer Book Rubric.
[202] Canon 22.
[203] This rubric, with the substitution of "Morning Prayer" for
"Matins," was repeated in the Prayer Books of 1552 and 1559. On the
other hand, in our present Prayer Book, where the allusion to Morning
Prayer is omitted from the rubric, the intention that it shall, in the
ordinary course, precede the Holy Communion is indicated by the fact
that Matt. xxvi. and John xviii. have been removed from the Gospels for
Palm Sunday and Good Friday, where they had previously stood with the
succeeding passages which form our present Gospels for those days, and
have been made the Second Lessons at Morning Prayer. In the earlier
Prayer Books no special second lessons were assigned for those two days.
But as to the use of Morning Prayer, the Litany, and the Holy Communion
together, or in varying order as separate services, see now § 1 above.
The Prayer Book does not seem to contemplate Communion more than once in
the day. Where the Office is used oftener, it must be repeated entire on
each occasion.
[204] (1547) 1 Edw. 6, c. 1, s. 8.
[205] Canons 26, 27, 109; Prayer Book Rubric.
[206] (1875) L. R. 4 A. & E. 463, rev. on app. (1876) 1 P. D. 80.
[207] See p. 94 above, and note (2) on that page.
[208] Swayne _v._ Benson (1889) 6 Times Law Rep. 7.
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