The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-07-03 00:00:00

PUBLIC WORSHIP REGULATION ACT.

The Public Worship Regulation Act came into opera-
tion on and from the Ist instant. The Act begins
with providing for the appointment of a Juige by the
two Archbishops, subject to the approval of Her
Majesty; but if they make no appointment within
six months after the passing of this Act (which
occurred in August, 1874), or after any future vacancy,
Her Majesty may appoint such Judge. He must be,
and declare himself to be, a member of the Church of
England as by law established. He will be Official
Principal of the Arches Court of Canterbury and of the
Chancery Court of York and Master of the Faculties
on the next vacancy in those offices.
The Act then proceeds to provide that a " repreeen-
tation " may be made by the archdeacon or the arch
deaconry, or by a churchwarden or any three pa-
rishioners of the parish in which the church or burial-
ground is situated, or, in the case of a cathedral or
collegiate church, by any three male inhabitants of the
diocese of full age, who sign a declaration that they
are members of the Church of England as by law
established, and who have and for the preceding year
have had their usual place of abode in the diocese;
and the representation may be made if sueh persons
shall be of opinion—(l) that an alteration in or addi-
tion to the fabric of the church (within the preceding
five years) or the ornaments or furniture thereof has
been made without lawful authority, or a deco-
ration forbidden by law introduced into such
church; or (2) that the incumbent has within
twelve months used or permitted to be used
in the church or burial ground any unlawful orna-
ment of the minister of the church, or neglected to use
any prescribed ornament or vesture; or (3) that he has
within 12 monthi failed to-observe or to cause to be
observed the directions in the Prayer-Book relating to
the performance in the church or burial-ground of the
services, rites, and ceremonies ordered by the said
Book, or has made (or permitted), any unlawful addi-
tion to, alteration of, or omission from such services,
rites, and ceremonies. The representation is to be
sent to the bishop; and unless he shall be of optnion,
"after considering the whole circumstances of the
case," that proceedings should not be taken on the
representation (in which case he must state in writing
his reasons for his opinion), he must within 21 days
send a copy of the representation to the persons com-
plained of, and require both parties to state in writing,
within twenty-one days, whether they are wiling to
submit to his directions touching the matter without
appeal. If they consent to this he shall forthwith pro-
ceed to hear the matter and pronounce judgment. The
parties may, at any time after the making of a repre-
sentation, join in stating any questi,ns arising in the
proceedings in a special case by a barrister for the
opinion of the Judge; and the Bishop is to transmit
the same to the Judge, and the Judge is to hear and de-
termine the question, and any judgment pronownsed by
the Bishop shall be in conformity with such determina-
tion. If the parties do not, within the time aforesaid,
state their willingness to submit to the directions of the
Bishop, he is forthwith to transmit the representation to
the Archbishop, and the latter is forthwith to require
the Judge to hear the matter. The ludge is first to
require from the person making the representation such
security for costs as the Judge may think proper, and
then to give the parties not less than 28 days' notice of
the time and place at which he shall hear the matter.
The evidence is to be given viva voce, in open court,
and upon oath. The Judge is to pronounce judgment,
and issue such monition, if any, and make such order
as to costs as the judgment shall require. An appeal
wilt lie to Her Majesty in Council; the Judge may, on
appli:ation, suspend the execution of the monition
pending an appeal, if he shall think fit.

In any proceedings under this Act either party may
appear either by himself in person or by counsel, or by
any proctor or solicitor.

Obedience by an incumbent to a monition or order
of the Bishop or Judge shall be enforced, if necessary,
by an order inhibiting the incumbent from per-
forming any service of the church, or otherwise
exercising the cure of souls within the diocese for a
term not exceeding three months • and after that term
the inhibition shall not be relaxed the incumbent
shall undertake, in writing, to pay due obedience
to such monition or order, or the part thereof which
shall not have been annulled, if the monition remain
in force for more than three years, the benefice
will become void, unless the Bishop, for special reasons
stated, allow three months more; it will not be lawful
to present it to the same incumbent again. The
Bishop may, during an inhibition, unless he is satis-
fied that due provision is otherwise made for the
spiritual charge of the parish, make due provision for
the service of the church and the cure of souls, and
raise the requisite sum by sequestration of the profits
of the benefice. Any question as to whether a moni-
tion or order issued after proceedings before the Bishop
or Judge has been obeyed shall be determined by the
Bishop or the Judge' and any proceedings to enforce
obedience shall be taken by direction of the Judge.
Where the Bishop is patron of the benefice or is dis-
abled by illness the Archbishop is to act in Ili., place;
in place of an !Archbishop thus disqualified, an Arch-
bishop or Bishop appointed by the Crown so to act.
Rules for settling procedure and fees under this Act
are to be made by Order in Council. There is a clause
specially providing for the method of procedure in the
case of a cathedral or collegiate church; and one or
two other clauses not of general interest.
••ry I,ft 1..,