Litchfield enquirer., 1869-05-06

by giving the clerk corporeal possession of the church, as by holding the ring of the
 door, tolling the bell or the like; and is a
 form required by law, with intent to give
 ali the parishioners due notice, and suffi- l cient certainty of their new minister, to whom their tithes are to be paid. This, 1 therefore, is the investiture of the tempo
 ral part of the benefice, as institution is of
 the spiritual. And when clerk is thus
 presented. instituted and inducted into a
 rectory, he Is then, and not before, in full
 and complete possession, and is called in
 law persona i'npersonasa, or parson impar-
 sonee.' Bl. Comm. 39O
 The English rector legally represents his
 parish. If any injury is done to the church
 or parish property, suit must be brought
 in his name. Speaking of Wardens, Black
 stone says, '.As to lands, or other real
 property, as the church, church-yard &c,
 they have no interest therein; but if any
 damage is done thereto, the parson only, or
 vicar shall have the aotion." The parson,
 also, usually appoints the parish clerks and
 sextons, and sometimes the church war
 dens, being, in short, the supreme authori-
 ty in the parish. No action of the parish.
 or of the parish and bishop together, can
 remove him. This can only be effected by
 death, by his own act, by neglect of duties
 imposed by statute, or by regular trial and
 degradation. Nor can the parish remove
 even their clerks and sextons, in England.
 Blackstone says, Parish clerks and sex
 tons are also regarded by the common law
 as persons who have freeholds in their off,
 ces; and, therefore, they may be punished,
 yet they cannot be deprived, by ecclesias-
 tical censures. The English parish, in
 short, is perfect stronghold of privilege.
 The laity have scarcely anything that can
 with propriety be called rights. Their rec tor is appointed without their consent; he owns all the church property, and can con- trol it without their consent. He is the temporal as we'll as the spiritual master of
 the parish. Has the rector of 8 Connecti- cut parish, under any circumstances any such authority? Manifestly not The Con- necticut Episcopal Society, or parish, is the creature of Connecticut statute. When the formation those parishes were first al. lowed, the controlling power of Connecti- cut was Congregational. They granted to Episcopalians, not the right to form parish es like those of England, bat societies like theirs. Episcopalians -aetea under the statute a.-a rorned societies having legal powers differing in no respect, that we can discover, from the Congregational Society, All church edifices, property, funds. &c are appointed by them. All suits must be brought by the Society. Of that Society, the minister is not even member unless he make written application to their clerk, in accordance with the statute. If locked out of the church the rector can have no action to obtain entrance. He is under contract to perform certain services for a certain salary, and can sue for that salary if not paid, which is the only ministerial right the law recognizes, as far as we can discover. Hence, in Connecticut and probably in many other States, it is the So- cicty that Is supreme in the parish. Con- sequently the ceremony of Institution seems to be seldom used, as in such States since 1t could effect no transfer of tempo ral power to the minister instituted. And hence, also, probably arises the following exception in the canon regarding the set clement of ministers: a3 z.... ! '.And if the minister be Presbyter, the bishop, or president of the standing com mittee, may, at the instance of the Vestry, proceed to have him instituted according to the office established by the church, # that o65ce be used in tse Diocese .ae Whether the letters of institution are common in this Diocese we have no means of knowing. The "OAice of Institution" in the book of Common Prayer seems to be what Blackstone would term the Induction 1.-the instituted minister. As it can only be performed at "the instance of the yes try;" as it could not change the statute powers and responsibilities of tho Society and it's officers; and as it cannot enlarge the legal authority, 1t is probably seldom employed, in this State. By what ever name he may be called, or by what ever ceremony instituted, no Episcopal minister in Connecticut can become cab solute in his parish. :" He is the legitimate conductor of the church services. At other times he has no authority over the church edifce, and would be a trespasser if he in- terfered with the sexton, who is the agent of the society, not of it's minister. He cannot vote in society's meetings, unless he become member of the Society in due form. That he is not er-o1Scio chairman of it's meetings appears from Sec. 234 of the Connecticut statute regarding Communi ties and Corporations, which expressly de- clares that ecclesiastical societies 'swhen l lawfully assembled, shall have power to 1 choose a moderator to preside in said ''ss1 ssass f5jgtsog ss35 Zsg os sssaa , Tho binding nature of mini sterial ss set l dement's" is not, we judge,e a text from 1 which ministers can preach with much