Titles Ecclesiastical - Law Dictionary Search Results
Home Dictionary Name: titles ecclesiastical Page: 3Church Discipline Act (English)
Church Discipline Act (English), 1840 (3 & 4 Vict. c. 86) (repealing 1 Hen. 7, c. 4), under which 'it shall be lawful for' the bishop of the diocese (but not obligatory on him: see Julius v. Bishop of Oxford, (1880) 5 App Cas 214) on the application of any party complaining to proceed against any clerk in holy orders 'charged with offence against the laws ecclesiastical or concerning whom there may exist scandal or offence against the said laws' (whether concerning doctrine, see Voysey v. Noble, (1870) LR 3 PC 357; Bishop of St. Albans v. Fillingham, 1906 p. 163), ritual or moral misconduct), first by inquiry before commissioners nominated by the bishop, and then if the commissioners report that there is a prima facie case against him, by inquiry before the bishop with assessors, with an ultimate appeal to the Judicial Committee of the Privy Council, Bishop of Lincoln v. Wakefield, 1921 AC 813. The Act is repealed and superseded as to offences against morality by the Clergy Discipline ...
Churchyard
Churchyard is the freehold of the rector or vicar, subject to the right of parishioners to be buried in it.The Statute of Winchester, 13 Edw. 1, 1285, prohibits fairs or markets in churchyards; a statute of uncertain date (perhaps 35 Edw. 1), the felling of trees indiscreetly by parsons; and the (English) Ecclesiastical Courts Jurisdiction Act, 1860 (23 & 24 Vict. c. 32), punishes riotous, violent or indecent behaviour by fine up to 5l., or imprisonment up to two months without option of fine. See preceding title; BURIAL; and Whitehead's Church Law.As to consecration, see (English) Consecration of Churchyards Acts, 1867 and 1868.A gift for the maintenance of a churchyard is a valid charitable gift [Re Douglas, (1905) 1 Ch 279]....
Easter offerings, or Easter dues
Easter offerings, or Easter dues, small sums of money paid to the parochial clergy by the parishio-ners of Easter as a compensation for personal tithes, or the tithe for personal labour; recoverable under 7 & 8 Wm. 3, c. 6, before justices of the peace, see Reg. v. Hall, (1868) LR 1 QB 632. In that case the vicar of Batley in Yorkshire was held entitled to recover, on evidence of a custom, for every communicant, 2d.; every cow, 2d.; every plough, 2d.; every foal, 1s.; every hive of bees, 1d.; every house, 3-1/2d.; and the question whether a payment of 2d. per head for every member of a family of or above the age of sixteen was left open. A Rubric at the end of the Communion Service of the Prayer Book to the effect that 'yearly at Easter every Parishioner shall reckon with the Parson, Vicar, or Curate, or his or their Deputy or Deputies, and pay to them or him all Ecclesiastical Duties accustomably due, then and at that time to be paid,' probably refers to such specific payments as thos...
Faculty
Faculty, 'Faculty' means Faculty of the University. [Central Agricultural University Act, 1992 (40 of 1994), s. 2(k)][fr. facultas, Lat., power], a licence or authority; in Ecclesiastical Law a privilege granted by the ordinary to a man by favour and indulgence to do that which by law he may not do, e.g., to marry without banns, to erect a monument in a church, to construct a church window, Egerton v. All of Odd Rode, 1894, P. 15, or to remove what has been put up under a previous faculty (Re St. Margaret's, Westminster, 1905, P. 286), and see NOTARY and previous title....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Peculiars, Court of
Peculiars, Court of, a branch of, and annexed to, the Court of Arches. It has a jurisdiction over all those parishes dispersed through the province of Canterbury in the midst of other dioceses, which are exempt from the ordinary's jurisdiction, and subject to the metropolitan only. All ecclesiastical causes arising within these peculiar or exempt jurisdictions are, originally, cognizable by this Court, from which an appeal lies to the Court of Arches, 3 Bl. Com. 65. See now 37 & 38 Vict. c. 85, and title PUBLIC WORSHIP REGULATION ACT....
Saladinetenth
Saladinetenth, a tax imposed in England and France, in 1188, by Pope Innocent III., to raise a fund for the crusade undertaken by Richard I. of England and Philip Augustus of France against Saladin, Sultan of Egypt, then going to besiege Jerusalem. By this tax every person who did not enter himself a crusader was obliged to pay a tenth of his yearly revenue and of the value of all his movables, except his wearing apparel, books, and arms. The Carthusians, Bernardines, and some other religious persons were exempt. Gibbon remarks that when the necessity for this tax no longer existed, the Church still clung to it as too lucrative to be abandoned, and thus arose the tithing of ecclesiastical benefices for the Pope or other sovereigns; and see the preamble to 23 Hen. 8, c. 20, wherein it is recited that the court of Rome exacted great sums of money under the title of annates or first-fruits, which were first suffered to be taken within the realm 'for thonelye defence of Cristen people ayen...
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Tithe Rent-Charge
Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...
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