Neglect of duty. Debt. And the judge is also wont to appoint some minister to serve the cure, for the time that the controversy shall depend; and to command those to whom the sequestration is committed, to allow fuch falary as he shall assign out of the profits of the church to the parson that he orders to attend the cure. Watson. c. 30. 4. Sometimes for neglect of serving the cure, the profits of the living are to be sequestred. Id. 15. 5. Sometimes upon the king's writ to the bishop, to fatisfy the debts of the incumbent. Id. And this is, where a judgment hath been obtained againft a clergyman, and upon a fieri facias directed to the sheriff to levy the debt and damages, he returns, that the defendant is a clerk beneficed having no lay fee. Whereupon a levari facias is directed to the bishop to levy the same of his ecclefiaftical goods, and by virtue thereof the tithes shall be sequestred. And in this case the bishop may name the sequestrators himself, or may grant the sequestration to such perfons as shall be named by the party who obtained the writ. If the sequestration be laid and executed before the day of the return of the writ; the mean profits may be taken by virtue of the sequestration after the writ is made returnable, otherwise not. Dilapidations. 6. Sometimes when the houses and chancels that the incumbent is bound to repair, are ruined and ready to fall, if after due admonition they shall delay to begin to amend the fame within two months; then the bishop of the diocese, that time being elapsed, shall sequefter the fruits and tithes till those defects are amended: and though the admonition proceed from the archdeacon, yet the bishop only hath the power of sequeftration. God. Append. 14. Apptil, Sequeftrators duty. 7. Stratford. If an appeal be made against a sentence of sequestration, and lawfully prosecuted; the party sequestred shall enjoy the profits, pending the appeal. Lind. 104. 8. It is usual for the ecclesiastical judge, to take bond of the sequestrators, well and truly to gather and receive the tithes fruits and other profits, and to render a just account. Watf. c. 30. And those to whom the sequeftration is committed, are to cause the same to be published in the respective churches, in the time of divine service, Id. It is best and most legal for the sequestrators, to receive the tithes and dues in kind. : - But But the sequestrators cannot maintain an action for tithes in their own name, at the common law, nor in any of the king's temporal courts; but only in the spiritual court or before the justices of the peace where they have power by law to take cognizance. Johnf. 122. Thus in the case of Berwick and Swanton, T. 1692. It was resolved in the court of exchequer, that a fequeftrator cannot bring a bill alone for tithes; because he is but as a bailiff, and accountable to the bishop, and hath no interest. Bunb. 192. After the sequestrators have performed the duty required, the sequestration is to be taken off, and application of the profits, to be made according to the direction of the ordinary. And he shall allow to them a reasonable sum out of the profits, according to the trouble they shall have had in gathering the tithes. And he is also to allow for the fupply of the cure, what shall be convenient, relation being had to the charge, and to the profits; and likewife for the maintenance of the incumbent and of his family (in case where there is an incumbent), if he hath not otherwise sufficient to maintain them. If the sequestrators refuse to deliver up their charge, they shall be compelled thereunto by the ecclefiaftical judge; and if they shall, being called thereunto, delay to give an account, it is usual for the judge to deliver unto the party grieved the bond given, with a warrant of attorney to sue for the penalty thereof to his own use at the common law. Watf. c. 30. a Therefore, if the incumbent is not fatisfied with what Z3 think the bishop should have been a party; but by consent the cause was referred to the bishop of the diocele. Bunb. 192. Sermons. See Publick worship. Serton. THE fexton, segsten, segerstane, (facrista, the keeper of the holy things belonging to the divine worship.) seemeth to be the fame with the oftiarius in the Romish church; and is appointed by the minifter or others, and receiveth his falary according to the custom of each parith. It hath been adjudged, that a mandamus lies to restore a sexton; though as to this the court at first doubted, because he was rather a fervant to the parish than an officer, or one that had a freehold in his place: But upon a certificate shewn from the minister, and divers of the parish, that the custom was to chuse a sexton, and that he held it for his life, and that he had 2 d. a year of every house within the parish; they granted a mandamus, directed to the churchwardens to restore him. 3 Bac. Abr. 530. T. 12 G. Olive and Ingram. In assumpfit for money had and received to the plaintiff's use, a case was made at nifi prius for the opinion of the court; that there being a vacancy in the office of sexton of the parish of St. Botolph without Aldersgate in the city of London, the plaintiff and Sarah Bly were candidates; and Sarah Bly had 169 indifputable votes, and 40 which were given by women, who were housekeepers and paid to the church and poor; that the plaintiff had 174 indifputable votes, and 22 other votes given by such women as aforesaid; That Sarah Bly was declared duly elected: upon which the plaintiff brought a mandamus, and was sworn in, and the defendant had received 5th. belonging to the office. In this cafe two points were made: 1. Whether a woman was capable of being chosen sexton. And 2. Whether women could vote in the election. As to the first, the court seemed to have no difficulty about it; there having been many cases where offices of greater consequence have been held by women, and there being many women fextons at that time in London; in the fecond year of queen Anne, a woman was appointed go vernor of Chelmsford workhouse: lady Broughton was keeper of the Gatehouse: lady Packington was the returning officer for members at Ailesbury. As to the second point, it was shewn, that women cannot vote for members of parliament or coroners, and yet they have freehold, and contribute to all publick charges; and tho' they vote in the monied companies, yet that is by virtue of the acts which give the right to all perfons poffefsed of so much stock; that military tenures never descended to them. But the court notwithstanding held, that this being an office that did not concern the publick, or the care and inspection of the morals of the parishioners; there was no reason to exclude women, who paid rates, from the privilege of voting: they observed, here was no usage of excluding them stated, which perhaps might have altered the cafe; and that as this case was stated, the plaintiff did not appear to have been duly elected; and therefore there ought to be judgment against him. Str. 1114. M. 5 G. K. and the churchwardens of Thame in Oxfordshire. They who have power to appoint a sexton, have power to displace him at pleasure. Str. 115. Sick. I. Visitation of the sick. II. Communion of the fick. III. Departing out of this life. I. Vifitation of the sick. BY Can. 76. When any person is dangeroufly fick in any parish: the minifter or curate, having knowledge thereof, shall refort unto him or her (if the disease be not known or probably suspected to be infectious), to instruct and comfort them in their distress, according to the order of the communion book if he be no preacher, or if he be a preacher then as he shall think most needful and convenient. And by the Rubrick before the office for the visitation of the fick: When any perfon is fick, notice shall be given thereof to the minifter of the parish; who shall go to the fick person's house, and use the office there appointed. And the minister shall examine the fick perfon whether he repent him truly of his fins, and be in charity with all the world; exhorting him to forgive, from the bottom of his heart, all persons that have offended him; and if he hath offended any other, to ask them forgiveness; and where he hath done injury or wrong to any man, that he make amends to the uttermost of his power. And if he hath not before disposed of his goods, let him then be admonished to make his will, and to declare his debts, what he oweth, and what is owing to him for the better discharge of his confcience, and the quietness of his executors. But men should often be put in remembrance to take order for the fettling of their temporal estates, whilst they are in health. And the minister should not omit earnestly to move fuch fick persons as are of ability, to be liberal to the poor. II. Communion of the sick. By a constitution of archbishop Peccham; the facrament of the eucharist shall be carried with due reverence, to the fick, the priest having on at least a furplice and stole, with a light carried before him in a lantern with a bell; that the people may be excited with due reverence; who by the minister's discretion shall be taught to prostrate themselves, or at least to make humble adoration, wheresoever the king of glory thall happen to be carried under the cover of bread. Lind. 249. But by the rubrick of the 2 Ed. 6. it was ordered, that there shall be no elevation of the hoft, or shewing the sacrament to the people. By the present rubrick before the office for the communion of the sick, it is ordered as follows: Forasmuch as all mortal men be subject to many fudden perils, difeases, and ficknesses, and ever uncertain what time they shall depart out of this life; therefore to the intent they may be always in a readiness to die whensoever it shall please Almighty God to call them, curates shall diligently from time to time (but especially in the time of pestiJence or other infectious sickness) exhort their parishioners to the often receiving of the holy communion of the body and blood of our Saviour Christ, when it shall be publickly administred in the church; that so doing, they may in cafe of fudden vifitation, have the less cause to be difquieted for lack of the fame. But if the fick person be not able to come to the church, and yet is desirous to receive the communion in his house; then he must give timely 1 |