NAVAL, AND MILITARY CHAPLAIN. 237 Appointment is in Visiting Justices.-Every Pauper Lunatic Asylum is regulated by Act of Parliament (9 Geo. IV. c. 40.), which enacts that a majority of the Visiting Justices, present at a Meeting duly assembled, such major part not being less than three, shall have the power to appoint all Officers of the Institution, and to fix and regulate their Salaries, and Duties, and to remove all such Officers, whenever they should think it necessary for the interest of the Institution so to do: (Sect. 30). Under the designation of Officers' the CHAPLAIN is included. The CHAPLAIN, however, must be provided with a Licence from the Bishop before he can discharge the functions of this Office; and notwithstanding the possession of such Licence he may at any time be removed at the discretion of the Visiting Justices: by Sect. 30 above; and as was decided in the case of the Rev. F. Tibbutt, 1841. (Reg. v. Hanwell Lun. As. (Visitors of) 2 Q. B. 433). The appointment is regulated by the Statute as follows:: Appointment, and Licence.- In every case 'Where a County Lunatic Asylum shall be provided, 'a CHAPLAIN shall be appointed for the same, which Chaplain shall be in 'full Orders,' and shall be licensed 'by the Bishop of the Diocese: and the said Licence 'shall be revocable by the Bishop whenever he shall 'think fit to withdraw it; and such CHAPLAIN shall 'perform on each Sunday, and on the great Festivals, 'the Divine Service' of our Church, according to the 'forms by law established.'-9 Geo. IV. c. 40. s. 32. 5. Naval, and Military Chaplain. These appointments are not matters that come properly speaking under the consideration of these Papers, they therefore need but a few words. Chaplain is appointed to each of Her Majesty's A ships when in active service; and he is required to undergo an Examination by some competent person selected by the Admiralty; and to be a graduate of Oxford, Cambridge, Dublin, or Durham. He will also have to produce the following Papers, 1. LETTERS OF ORDERS, of Deacon, and Priest. 2. LETTERS TESTIMONIAL from three beneficed Clergymen. 3. A CERTIFICATE OF AGE, which must not exceed 35 years. The Pay of a Navy CHAPLAIN is about 7s. a day, or £12. 58. per month for ships of all rates; and the Half-pay is from 5s. to 10s. per day, according to length of Service. By 1 Geo. IV. c. 106. a Navy Chaplain may hold a Living with his Half-pay; thus 'It shall and may be lawful to and for any Chaplain in the Royal Navy, who shall be presented to ' either of the Rectories of 'Simonburn, (£426). 'Wark, (£240). 'Bellingham, (£200). Thorneyburn, (£200). Chapelry of Humshaugh, (£127). in the County of Northumberland, to receive during 'the time he shall hold either of the said Rectories ' respectively, such Half-pay, or any other bounty or allowances payable by Government to Chaplains in 'the Royal Navy, to which he may be entitled by virtue 'cf his services performed in Her Majesty's Navy.'Sect. 2. Military Chaplains.-In the Army it is not necessary to nominate a CHAPLAIN to each Regiment, but there are certain Clergymen appointed for the Army in general under the name of Chaplains to the Forces; their number however is very limited, as may be seen in the Clergy List. PRIVATE CHAPLAIN. 239 6. Private Chaplain. A PRIVATE CHAPLAIN is a Clergyman appointed to officiate in the Domestic Chapel annexed to the residence of a Family of distinction, and from whom he receives remuneration for the services he may perform; or one who is appointed to attend on some State Officer, or Public Functionary. In most cases the position is merely honorary. The privilege of nominating and appointing such Chaplains was originally granted by 21 Hen. VIII. c. 13*; 25 Hen. VIII. c. 16; 33 Hen. VIII. c. 28 : the first mentioned Act specified the number of Chaplains the Nobility, and Officers of State, might at that day retain ; and from which the present practice is derived, as shewn in the Table annexed: The Speaker of the House of Commons also appoints his Chaplain, who reads Prayers daily in the House before business commences. In the House of Lords Prayers are read by the Bishop last privileged to sit in the House. In entering upon the performance of his Duties. This statute was repealed by 57 Geo. III. c. 99.; and this, by 1 & 2 Vict. c. 106. the Private Chaplain must not forget the restrictions of the 71st Canon, which directs that 6 6 No Minister shall Preach or Administer the Holy 'Communion in any Private House, except it be in 'time of necessity, when any being either so impotent as he cannot go to the Church, or very dangerously sick, are desirous to be partakers of the Holy Sacrament, upon pain of Suspension for the first offence, ' and Excommunication for the second. Provided that 'Houses are here reputed for Private Houses, wherein are no Chapels dedicated and allowed by the Ecclesiastical Laws of this Realm. And provided also, under the pains before expressed, that no Chaplains do Preach or Administer the Communion in any other 'Places, but in the Chapels of the said Houses, and 'that also they do the same very seldom, upon Sundays, and Holy-days: so that both the lords and masters ' of the said Houses and their families shall at other 'times resort to their own Parish Churches, and there ' receive the Holy Communion at the least once every 'year.'- Canon 71. According to this Canon, and the Act of Uniformity', 13 & 14. Car. II. c. 4., no Clergy'man whatever of the Church of England,' (says Dr Lushington in the case of Hodgson v. Dillon. 2 'Curt. 391,) has any right to officiate in any Diocese in any way whatever as a Clergyman of the 'Church of England, unless he has a lawful authority so to do; and he can only have that authority when he receives it at the hands of the Bishop, which may be conferred in various ways:* as by Institution, or by Licence. So it was decided in Barnes v. Shore (1 Rob. 382). In short, a Clergyman of the Church of England has no right to perform Divine Service in any house or building, except to his own family, without the Licence of the Bishop; as was also adjudged in the late case of Freeland v. Neale (1848): where the Rev. J. M. Neale was admonished and condemned in PRIVATE, AND PUBLIC DUTIES. 241 the Costs,' for performing Divine Service in the Chapel of Sackville College, East Grinstead, of which he was Warden, without the Licence of the Bishop of Chichester. (Cripps. Ec. C. 161.). It must be remembered also that these Private Duties are not allowed by the temporal law to interfere with the superior claims of a Parish upon the time and services of its Minister, whether while a Domestic Chaplain, he be the Incumbent or the Curate of such Parish. This is provided against by the Pluralities and Residence Act,' 1 & 2 Vict. c. 106. The exemptions are stated in the following Section: 6 6 No spiritual person serving as CHAPLAIN of the Queen's or King's most excellent Majesty, or of the 'Queen Dowager, or of any of the Queen's or King's Children, Brethren, or Sisters, during so long as he 'shall actually attend in the discharge of his duty as such CHAPLAIN in the Household to which he shall belong; and no Chaplain of any Archbishop or Bishop, 'whilst actually attending in the discharge of his duty as such Chaplain; and no spiritual person actually 'serving as Chaplain of the House of Commons, or as 'Clerk of the Queen's or King's Closet, or as a Deputy 'Clerk thereof, while any such person shall be actually attending and performing the functions of his office.. '..or as Dean, or Subdean, or PRIEST, or READER, in 'any of the Queen's or King's Royal Chapels at 'St James's or Whitehall, or as READER in the Queen's or King's Private Chapels at Windsor, or elsewhere.. '..shall be liable to any of the penalties or forfeitures in 'this Act contained for or on account of Non-Residence on any Benefice for the time in any year during which 'he shall be so as aforesaid resident, engaged, or 'performing duties, as the case may be.'-1 & 2 Vict. c. 106. s. 38. Other exemptions are allowed to certain Royal Chaplains in 33 Hen. VIII. c. 28. which Act was not repealed by 1 & 2 Vict. c. 106. |