Letter to ... lord Stanley ... on the law of church rates |
Términos y frases comunes
act of parliament allegation appear assembled authority Bishop bound burthen called a vestry Chancellor charge Chur churchwardens and parishioners cited clergy Common law compel consider Consistory Court Constitution of Archbishop Court of Delegates Court of King's decent celebration decided decision of Sir divine ecclesiastical censures Ecclesiastical Court enforce equity Exchequer expended funds in hand Gandern granted honour House of Commons illegal impose a tax inhabitants interdict interfere by mandamus King's Bench laid lawfully libel Lord Ellenborough Lord Lyndhurst LORD STANLEY Lord Tenterden Lordship Lyndwood majority opinion parish parishioners refuse payment Perceval Poor Rate previously incurred proceeding prohibition purpose rate admitted rate of 94d reimbursement religious remedy repair the Church repair the fabric retrospective Church Rate rishioner rity Robert Peel Selby shew cause Sir George Hay spiritual censures Spiritual Court statute substitute for Church tion tithes valid rate wardens Wynne
Pasajes populares
Página 2 - At the first • establishment of parochial clergy, the tithes of the parish were distributed in a fourfold division ; one for the use of the bishop, another for maintaining the fabric of the church, a 385 ] third for the poor, and the fourth to provide for the incumbent.
Página 19 - That the churchwardens (if the parish were summoned and refused to meet or make a rate) might make one alone for the repairs of the church, if needful ; because that if the repairs were neglected, the churchwardens were to be cited, and not the parishioners.
Página 34 - Seek not to be judge, being not able to take away iniquity; lest at any time thou fear the person of the mighty, and lay a stumblingblock in the way of thy uprightness.
Página 8 - England whatsoever. (1) Every inhabitant dwelling within the parish, is to be charged according to his ability, whether in land or living within the same parish, or for his goods there ; that is to say, for the best of them, but not for both.
Página 18 - In Viner's Abridgment, and in Bacon's Abridgment, title " Churchwardens," it is said that if the parishioners upon notice refuse to come, or being assembled, refuse to make any rate, the churchwardens may make one without their concurrence, on the ground that being liable to be punished in the Ecclesiastical Court for not repairing the church, it would be unreasonable that they should suffer by the wilfulness and obstinacy of others.
Página 28 - Holt is said to have been of opinion. " that if there be public notice given to the parishioners, and they will not come, the churchwardens may make a rate without them."* I have no doubt that this opinion is sound, and that it is the only foundation for the notion, that the churchwardens can make a rate without the parishioners. A more extensive power in the churchwardens was unknown to Lyndwood ; and Gibson, elaborately defining the power of the churchwardens in making a rate, must be taken to...
Página 29 - ... of repairs. But the Bishop cannot direct a commission to rate the parishioners, and appoint what each one shall pay. This must be done by the churchwardens and parishioners, and the Spiritual Court may inflict spiritual censures till they do.
Página 39 - Carthaginis altae. Sed quis erit modus ? aut quo nunc certamina tanta ? Quin potius pacem aeternam pactosque hymenaeos Exercemus ? habes tota quod mente petisti : Ardet amans Dido , traxitque per ossa furorem. Communem hune ergo populum paribusque regamus Auspiciis : liceat Phrygio servire marito, Dotalesquc tuae Tyrios permittere dextrae.
Página 29 - Rates for the reparation of the Church are to be made by the Churchwardens, together with the parishioners assembled upon public notice given in the Church. And the major part of them that appear shall bind the parish : or, if none appear, the churchwardens alone may make the rate, because they, and not the parishioners, are to be cited and punished in default of repairs.
Página 12 - ... any such church or chapel if the whole expense is proposed to be defrayed by rates, or to borrow any such sums upon the credit of any such rates; and in every such case to make rates for the payment of the interest of any monies advanced for the building any such church or chapel upon the credit of the rate...