propose the maxim, "Credo quia incredibile," and sure I am that a wise man will hesitate ere he receives it. We may and we ought to receive high mysteries above our comprehension on the authority of revelation, but I have yet to learn that we must receive what is incredible, what we know is not to be believed, what is not above, but is contrary to our reason. "There can be no greater reflection on religion than to say that it is unreasonable, (says the pious Nelson,*) that it contradicts that natural light which God hath fixed in our minds, that it declines a fair and impartial trial, and will not stand the test of a thorough examination; which of course would be the case did any of its doctrines contradict what we know to be actually matter of fact. I am, Sir, your faithful servant, PHOENIX. ORIGIN OF THE ECCLESIASTICAL SCARF OR TIPPET. THE rubric immediately preceding the office for Morning Prayer, enjoins "That such ornaments of the Church, and of the ministers thereof, at all times of their ministration, shall be retained, and be in use, as were in this Church of England, by authority of Parliament, in the second year of the reign of King Edward the Sixth." The ornaments here enjoined are, besides two lights on the high altar, the vestment, cope, tumile, albe, rochette, hood, surplice, and pastoral staff. It is remarkable that the chimere,-which has been all along worn by our bishops, and which being before, and for a considerable time after the Reformation, of a scarlet colour, was changed, by Queen Elizabeth, for the black satin chimere used at present over the rochette,—is here omitted, as is also the scarf; which, however, is named in the Canons of King James the First, under the name of tippet. This vestment was originally the stole of the ancient church, and of the most remote antiquity; being, in fact, derived from the latus clavus, or the broad fringe, of what was among the Romans a large robe, worn by persons of distinction. This broad fringe, or border, (latus clavus,) being at length detached from the robe, continued to be still worn by the clergy. The stole, always called pápiov by the Greeks, was fastened on the left shoulder of the deacon's albe, and hung down before and behind. It seems to have been used for directing the people in very large churches, when to rise up, when to kneel down, and when to bow their heads for the benediction of the bishop, the deacons making signs with it for these purposes; as one of the fathers, (I think Chrysostom) alludes to this custom, and compares the deacons moving about among the people, and motioning with their stoles, to the motion of angels with their outstretched wings. The priests wore it over both shoulders, with the two ends of it hanging down in front; at the present day in the Romish Church, the bishops wear it thus, but the priests wear it crossed over their breast. It is worn by the bishops of the Eastern church wound VOL. XXI. NO. VI. Nelson's Festivals; on Trinity Sunday. round the neck, with one end hanging down before, and the other behind. The peculiar way in which it was worn by the Western metropolitans, who were compelled to purchase it from the Pope, it being then called the pallium, or pall, may be seen on the shield of the Archbishops of Canterbury, where it appears as dependent from the shoulders. We may remark that the stole, strictly speaking, is much narrower than as now worn by the English clergy. In confirmation of the above origin of the stole or scarf, it may be observed that the writers in the curious department of christian antiquities, trace up all the ecclesiastical vestments to the different articles of dress usually worn by the higher classes, in the first three centuries. Thus the Romish priests, in saying mass, wear on their left arm near the wrist a square cloth, ornamented with a cross, hanging down, called the muniple, which was nothing else originally but the old Roman handkerchief thus worn. There is an ornament of a singular character sometimes worn by the higher clergy, which explains a curious expression in common use, viz. sub rosá, for secrecy. It appears probable that the rosette worn in the hat, or elsewhere, was the badge of those priests who were called penitentiary priests, and were licensed by the bishop to receive confessions, whence the expression, sub rosa, would denote, under the secrecy and seal of confession. In Norwich cathedral there were some time since a number of old men called beadsmen, who were attached to the foundation as pensioners, and used to walk the aisles on Sundays, during service, wearing long dark-blue mantles, with a rosette of pink silk on the breast, and with long white staves in their hands. They seem to have been originally those monks who were penitentiary priests, their occupation being denoted by the rosette above named. DISCOVERY OF AN ANCIENT CHAPEL AT CHESTER. SOME years ago Messrs. Powell and Edwards, cutlers, of this city, discovered at the back of their premises some traces of Gothic architecture, and to a certain extent they removed the rubbish which had hitherto concealed the archwork. However, conceiving it was merely a cellar which had in course of time got filled with rubbish, they did not proceed in clearing it until a few weeks back. To their credit they have carried upwards of 100 loads of rubbish out of the place, and now is exposed to the view of the lovers of antiquity a chapel, upwards of 15 yards long, 15 feet broad, and 14 feet in height. The arches are Gothic, beautifully grimed, resting on pilasters, about half way down the wall, very much resembling those at the entrance into the cloisters of our cathedral near Little Abbey-square; the whole is in an admirable state of preservation. At the west end are two niches in which the baptismal or sprinkling founts (for holy water) have been kept, one of which was found in the rubbish, and is now placed in the situation it originally occupied; the other was broken by the workmen. At the east end of the chapel are steps which have led up to the altar; and on the south side of the chapel are a flight of steps leading into a subterraneous passage, now choked up. LAW REPORT. No. LXIV.-ANALYSIS OF THE ACT OF 1&2 VICT. c. 106, ENTITLED "AN ACT FOR THE ABRIDGING OF THE HOLDING OF BENEFICES IN PLURALITY, AND FOR MAKING BETTER PROVISION FOR THE RESIDENCE OF THE CLERGY," BY THOMAS HOLT, SECRETARY TO THE LORD BISHOP OF GLOUCESTER AND BRISTOL. (Continued from page 309.) Curates.-Sects. lxxv. to cii. If any spiritual person holding a benefice not duly resident, and not leaving a curate duly licensed or approved by the bishop, the bishop is to appoint and license a proper curate, with such a salary as is allowed by this act; and the licence is to state where the curate is to reside. (§ 75.) The curate to reside on benefice under certain circumstances. (§ 76.) Whenever the bishop shall see reason to believe that the duties of any benefice are inadequately performed, he may issue a commission to four beneficed clergymen, of whom the rural dean (if any) is to be one, directing them to enquire into the facts of the case; and the incumbent may add to such commissioners one other incumbent. And if the commissioners, or the major part of them, report to the bishop that in their opinion the duties are inadequately performed, the bishop is authorised to require the spiritual person holding such benefice, though he may actually reside and be engaged in performing the duties thereof, to nominate to him a fit person, with sufficient stipend, to perform or to assist in performing, such duties, specifying the grounds of such requisition. And in case such spiritual person shall for three months neglect or omit to make such nomination, the bishop may appoint and license a curate or curates, as the case shall appear to him to require, with such stipend as he shall think fit, not exceeding the amount allowed by this act, nor (except in case of negligence) exceeding one-half the net annual value of such benefice. A copy of the requisition, and the evidence on which the same shall be founded, must be filed in the registry. An appeal against the bishop's proceedings lies to the archbishop. (§ 77.) Whenever the value of any benefice, the incumbent whereof was not in possession at the time of passing this act, shall exceed 500%., and the population amount to 3000, or though it do not amount to 3000, if there be a second church or chapel not less than two miles from the mother church, and with a hamlet or district connected with it containing 400 persons, the bishop may require the incumbent, although resident or engaged in performing the duties of such benefice, to nominate an assistant curate to be paid by the incumbent; but if the incumbent does not nominate a fit person within three months, the bishop may appoint and license a curate, with a proper stipend. An appeal lies to the archbishop. (§ 78.) The committee of the estate of a lunatic to pay curate of incumbent of a benefice whereof such lunatic may be incumbent, the stipend assigned by the bishop. (§ 79.) The bishop may, in his discretion, order two full services, each service to include a sermon or lecture on every Sunday in every or any church or chapel in his diocese throughout the year in certain cases. (§ 80.) Every application for a licence for a curate must contain certain particulars, and both incumbent and curate to sign a declaration, that the one intends bonâ fide to pay, and the other bonâ fide to receive, the whole stipend mentioned in such statement without any deduction. ($81.) The fee for the licence is ten shillings. (§ 82.) The bishop to appoint to every curate of a nonresident incumbent, the stipend specified in this act; and in case any difference arises respecting stipends, he is to hear the complaint and summarily determine it, without appeal. (§ 83.) Stipends to be according to a specified scale; (§ 85.) but the stipend of the curate of a non-resident incumbent instituted before 20th July, 1813, not to exceed a certain rate. (§ 84.) The bishop may assign larger stipends in benefices of larger value and population, but an appeal lies to the archbishop; and smaller stipends may be assigned in certain cases. (§ 86 & 87.) For stipends of curates serving interchangeably at two places, see section 88. Stipends of curates serving in two adjoining parishes, may be less by 30%. than the amount otherwise required. (§ 89.) Agreements for stipends contrary to this act, void. (§ 90.) Curate receiving full value of benefice, to be liable to all charges affecting it. (§91.) And the bishop may allow the incumbent to deduct from curate's stipend for repairs to a limited amount in certain cases. (§ 92.) The curate of any incumbent who does not reside on his benefice four months in the year, may be desired by the bishop to reside in the glebe house, and the bishop may assign to curate any portion of glebe land not exceeding four acres, at such rent as shall be fixed by the archdeacon or rural dean, and one neighbouring incumbent, and approved by the bishop. (§ 93.) The curate to pay taxes and rates where he receives the whole proceeds of the benefice. In all other cases the incumbent may be directed to pay them. (§94.) Every curate to quit curacy of any benefice becoming vacant, upon six weeks' notice from the new incumbent (provided such notice be given within six months after his admission.) In all other cases it is lawful for the incumbent, whether resident or not, having first obtained the bishop's permission in writing, to require curate licensed after the passing of this act, to quit curacy on six months' notice. If the bishop refuse his permission, an appeal lies to the archbishop. (§ 95.) Every curate residing in glebe house of a benefice becoming vacant, to deliver up possession on having six weeks' notice, provided such notice be given within six months after admission. In all other cases, after six months' notice, the incumbent may (having first obtained the permission of the bishop) or the bishop himself may direct cu rate to give up possession of glebe house and the land occupied by such curate therewith. If the curate refuse to give up possession according to such notice, he is liable to a penalty of forty, shillings a day for every day he shall hold adverse possession. (§ 96.) No curate to quit curacy without three months' notice to both incumbent and bishop (unless with the bishop's consent) under a penalty. (§ 97.) The bishop may license any curate of a non-resident incumbent employed, without nomination. And after giving to curate sufficient opportunity for shewing reason to the contrary, the bishop may summarily and without further process, revoke any curate's licence for any cause which shall appear to such bishop reasonable. But an appeal lies to the archbishop. (§ 98.) The bishop may appoint curates to all sequestered benefices, and appoint stipends which the sequestrators are to pay. (§ 99 and 100.) All curates' licences and revocations to be filed in the registry, and copies transmitted by the registrar to the churchwardens, and for every copy so transmitted the incumbent to pay registrar three shillings. The archbishop may annul the revocation of any licence. (§ 102.) Church Commission.-Sects. ciii. to cv. Part of act of 6 & 7 W. IV. c. 77, repealed, and other provisions relating to the Welsh dioceses enacted in lieu thereof. Service of Churches.-Sect. cvi. No spiritual person to serve more than two benefices in one day, unless in case of emergency, and then a report of the circumstances to be made to the bishop. (§ 106.) Archbishops. Sect. cvii. All the powers in this act relating to bishops in their dioceses extended to archbishops in their respective dioceses and in their respective peculiar jurisdictions. Peculiars, &c.-Sects. cviii. and cix. Every archbishop and bishop within the limits of whose province or diocese any benefice exempt or peculiar shall be locally situate, to exercise all the powers and authorities of this act as such archbishop or bishop would have exercised if the same were not exempt or peculiar. (§ 108.) In every case where jurisdiction is given to the bishop, all concurrent jurisdiction is to cease. (§ 109.) Appeals Sect. cxi. All appeals to the archbishop to be in writing, and signed by the party appealing, who shall, if required, give security for costs; and the archbishop shall decide whether any and what costs shall be paid, and by whom. (§ 111.) Sequestrations.-Sects. cx. cxii. and cxiii. Sequestrations issued under this act to have priority, except those founded on judgments duly docketted before the passing of this act and sequestrations under Gilbert's act. (§ 110.) In all cases in which proceedings under this act are directed to be by monition and sequestration, the monition is to issue under the bishop's hand and seal, and after the service thereof to be returned into the consistorial court, and there filed with an affidavit of service, and the party monished may shew cause by affidavit, or otherwise, why sequestration should not issue. (§ 112.) In any case of non-residence no sequestration is to issue until an order directing the spiritual person to reside shall have been served in the manner directed as to the service of monitions. (§ 113.) Penalties.-Sects. cxiv. and cxvi. to cxix. All penalties incurred under this act to be sued for in the bishop's consistorial court by some person authorised by the bishop, and every penalty may be enforced by monition and sequestration. The bishop may order how penalty shall be applied. (§ 114.) Registrar liable to a penalty of 5. for refusing or neglecting to make any entry, or to do any matter or thing required by this act. (§ 116.) All penalties incurred by persons not spiritual, or spiritual persons not holding benefices, to be sued for and recovered by action of debt in the temporal courts, and to be recoverable only for one year. And all penalties recovered under under this act, the application whereof is not specially directed, to be paid to the treasurer of the governors of Queen Anne's bounty, to be applied for the purposes of the bounty. (§ 117, 118, 119.) Evidence.-Sects. cxxii. and cxxiii. Copy of license certified by registrar to be admitted as evidence in all courts whatsoever. (§ 122.) When authority is given to the archbishop or bishop to require any statement or to enquire into facts, such archbishop or bishop may require such statement or facts to be verified in such manner as they shall see fit. (§ 123.) Patrons.-Sects. cxxv. to cxxviii. In every case in which the patron's consent is required, and in which any notice is to be given to any such pntron, the consent of the person entitled to make donation, or presentation, or nomination, in case the benefice were void, sufficient. (§ 125.) In cases where the patronage is in the crown or in incapacitated persons, or in the duchy of Cornwall, the consent to be given as directed by sections 126, 127, and 128. Fees.-Sects. cxv. and cxxxi. All fees, charges, costs, and expences, incurred or directed to be paid under this act, if not paid within twenty-one days after demand, may be recovered by monition and sequestration; but costs may be taxed. (§ 115.) The archbishops of Canterbury and York and the Lord High Chancellor, with the assistance of the vicars-general of the said archbishops and one of the masters of the high court of chancery, to ordain and estrblish a table of fees for donation presentation, nomination, institution, installation, induction, or licence, or any instrument, matter, or thing connected with the admission of any spiritual person to any cathedral preferment or benefice; such table of fees being first submitted to her Majesty in council, who may disallow the same or any part thereof. (§ 131.) The remaining sections of the act relate to various matters. Section 124 defines the meaning of the words "Cathedral preferment" and "Benefice." Section 120 directs when the year, for the purposes of the act, shall commence and determine. Section 121 declares that months shall be deemed calendar months. Section 129 and 130 regulate the mode of computing distance and population. Section 132 declares that the power of bishops shall not be diminished or affected by this act. And section 133 declares that it shall not extend to Ireland. |