N.B.-The text books have been referred to in place of the Reports whenever possible. The edition of Burn referred to is the ninth, 1842, as it is in more general use than the recent one of 1873.

THE PUBLIC WORSHIP REGULATION

ACT, 1874.

INTRODUCTION.

SINCE the passing of the 3rd and 4th Vic., c. 86, an Act known as the Church Discipline Act (1840), all offences against the laws ecclesiastical by clerks in Holy orders have been regulated by the provisions of that Act. The machinery thereby created is not affected by the Public Worship Regulation Act. The Church Discipline Act is still in force, unrepealed and unaltered in any of its provisions. It is true that by the Act, the subject of this treatise, a new Ecclesiastical Judge will be appointed, and a more summary method of procedure is prescribed for certain offences; but the old tribunals and processes survive, and may be resorted to if necessary. The Public Worship Act is conversant mainly with procedure. No offence as to doctrine or ritual is dealt with, which is not already known to the law, and which may not have been punished before by the recognised and constituted authority. The rights, pri

vileges, and duties of the clergy are not changed, in any respect. The pulpit is not touched, and the clergy retain all the liberty of thought and expression they have hitherto enjoyed. The aim of the Act is to shorten and cheapen procedure in matters appertaining to the ornaments of the Church, and ministers, and the performance of Divine Service; and by the provision of a more summary remedy, to secure the observance of the Law, and to control the introduction of arbitrary and unauthorised variations in the rites and ceremonies of the Church. The scope of the Act is limited. It relates solely to the following matters :

1. The Fabric, Furniture, Ornaments, and Decorations

of the Church.

2. The Dress of the Officiating Minister.

3. The Observance of the Rubrics in the performance

of Divine Service.

The intention of the Act being to put down open and flagrant disobedience to the Law, it is provided that if the Archdeacon, or a Churchwarden, or three parishioners are of opinion that any unauthorised, or illegal act has been committed, or any act that ought to have been done has been omitted to be done, in relation to the matters set out above, he or they may represent it to the Bishop in the form prescribed in the schedule of the Act, accompanied by a statutory declaration affirming the truth of the statement so represented. The Bishop will thereupon consider whether the matter is one

that ought to be made the subject of legal proceedings. If it ought not, in his discretion, the matter will go no further. But in that case, the Bishop must state in writing his reasons for disallowing proceedings, and place the 'written statement on the file in the Diocesan Registry. On the other hand, if the Bishop should be of opinion that the complaint ought to be heard, he will invite both parties to submit to his arbitration. If they agree to do so, the decision of the Bishop will be final in the particular case, and obedience to a monition issuing in pursuance thereof may be enforced in the same way as a monition from the Court of the Judge.

But, if the arbitration of the Bishop is not accepted, the Bishop is bound to transmit the case to the Archbishop of the Province, who will require the permanent Judge appointed under the Act to hear it. On receipt of the representation, the first act of the Judge will be to require the complainant to give security for costs. When this has been done, the Judge will appoint a time and place for the hearing, giving 28 days' notice thereof to both parties, and the Defendant may within three weeks after he shall have received such notice, file his answer. In the event of his filing no answer, he is to be deemed to have denied the truth, or relevancy of the representation.

Trial before the Judge will be in open Court. The evidence will be given vivâ voce, and on oath, and be reported by a shorthand writer, if the parties so agree. In case a

shorthand writer is not employed, the Judge will state the facts proved before him in the form of a special case, and no evidence beyond what shall appear on the shorthand writer's Report, or in the special case, will be permitted on appeal, except by permission of the Court. The Judge will have the powers of a Court of Record, and may enforce the attendance of witnesses, and the production of books and evidence. When judgment has been pronounced by the Bishop in his capacity as Arbitrator, or by the Judge, and the Defendant has refused or neglected to comply with the monition issued in accordance therewith, and there being no order by the Judge suspending the execution of the monition, on motion in the cause the Judge may by order inhibit the Incumbent from the performance of his duties for a period of three months; at the expiration of which period the Incumbent will still continue subject to the inhibition, until he shall undertake to obey the monition. If such undertaking is not given within three years after the monition shall have issued, or after the final determination of the cause in the Appeal Court, the benefice held by the Incumbent shall be void, only the Bishop may on special grounds postpone the avoidance of the Benefice for three months longer, within which time the Incumbent, by undertaking to comply with the Judge's order, may obtain a relaxation of the inhibition. An Incumbent may also lose his benefice, if a second inhibition with regard to the same