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Papers Relating to The Established Church in Ireland

29/07/1807

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Papers Relating to The Established Church in Ireland

Date of Article: 29/07/1807
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192 E C C LES I A STIC AL REPORTS, I JJ 1S07, [ LeFghlin Ferns. GENERAL OBSERVATIONS. Containing Anfwers to Query the 1 Pc, Seftion 6th; Queries the 3d, 5th, 6th, 7th, and gth;— all the other Queries being anl'wered in the Columns. Query ifi-. Seaion 6th.— THERE is by Aft of Parliament a fufHcient power lodged in the Lord Lieutenant and. Privy Council, and the Bifhops of the feveral Dbcefes in Ireland, either to unite or difanite Parishes, when either may be deemed advifable; and the Archbifhops and Bilhops. are enabled, by Aft of Parliament, to form a dilirict ( part of a large Parifh) into a f'eaarare Parifla, under the title of a Perpetual Curacy, by which means fcverxl lr. rg « Pari/ hes in Ireland have been a6tuaily divided into two or more fepirate and diltinfl: Parifhes. Query 3d.— THE Board of Firfl Fruits can augment fuch Livings by purchafing Glebes and impropriate Tyihes, out of the produce of the Firli: Fruits and twentieth parts granted for that purpofe by Queen Anne, and by affifting the Incumbents of them with money for the creation of Glebe Houfes; but this fund is fmall, and unequal to the efteftual augmentation of fuch Livings. There is alio another Fund arifing from charitable be- cjuefls of the late Dr. Boulter, Primate of Ireland, and veiled in the Board of Firfl Fruits by Avft of Parliament, out of which Fund the Board of Firli: Fruits is enabled to augment livings under One hundred Pounds by the year, by adding fo much fa - laiy yearly to the Incumbents of fuch livings as will make their annual incomes One hundred Pounds. There is at prefent no other mode of improving fuch fmall livings, but thefe funds may be increaled by the bounty of the King in Parliament, fo as to render fuch fmall livings capable of affording to the Refident Incumbents the means of comfort in cafes where the funds al- ready mentioned are infufiicient. N' V.— IT is apprehended by the Bishops of Ireland, th? t the prefent Canon Law, as hitherto exercised here, is fufficient to remedy the evil of Non- residence, but at present the execution of the Canon Law, in cafes of Non- residence, has been cbflruflcd by Appeals: And there is a cafe now depending before certain CcmmiHioners of Review, appointed by His Majefty, which, if it fhall be decided in favour of the Ecclefiaftieal Authority exercifed in that cafe, will eflablifh fuch a precedent in cafes of Non- refidence, as will fuperfede the neceflity of recommending to the Legillature to make any other provifion for the purpofe of enforcing Rei'dence in Ireland ; but if the decifion in that cafe ffiou'd be otherwife, it may then become advifable to apply to the Legiilatuie to enact forne law for enforcing the residence of the Clergy in Ireland. H3 VI.— WE apprehend that the laws already in beingeflablilh the belt mode of applying fuch funds as are now applicable to the purpofe of building or repairing Churches or Glebe Houfes, or the improvement of Glebes. N° VII—- THE laws now in being are, we apprehend, fufficient to prevent Unions, perpetual or Epilcopal, from being impro- perly made, and to preferve Churches and Glebe Houfes from dilapidations, when duly enforced. N°. VIII.— WE are of opinion the due execution of the now ex- illing laws, with the fmall alterations which we have fuggefted ( if found necelTary on the contingency already mentioned) and fuch grants as His Majeily and the Parliament may in their bounty make for augmenting the incomes of poor Livings, pur- chasing Glebes, and aflifting the building of Churches and Giebe Houfes, will be fufficient for the prefent improvement, protection, and fupport of the Eflablifhed Church of Ireland. OBSERVATIONS o* GENERAL OBSERVATIONS: Containing Anfwers to Query the ill, Section 6th ; Queries ( he 3d, 5th, 6th, 7th, and 8: lt ;— all the other Queries being anfwered ifi the Columns. Query ifi, Section 6th.— I am of the fame opinion. Que'y 3d,— I am of the fame opinion. N° V.— If the refult of the prefent Commifiion of Review fhoulcl be in favour of Epifcopal Authority, there yet will be wanting power fufiicient to enforce Refdence to effefcl, fo long as tiiere may be three appeals againfl the decree of the Bilhop's Court; viz. to the Metropolitan ; to a Court of Delegates ; to the King in Council. The protraction and expence of fuch proceedings mull greatly difcourage the Bilhop from embarking in the comelt: to which may be added, the total negleft of a parilh for jean, an evil of ferious and extenfive confequence. I mult further ob lerve, that, on a decree of deprivation, the laws do not allow the Benefice to be fequellered; and the Incumbent, if he be indifferent both to duty and character, which will gene- rally be the cafe when the matter comes to this extremity, is encouraged to litigate and protra£ l proceedings, however certain, he may be of defeat, as, in moll cafes, he will retain more revenue than the fuit will annually coll him. N° VI.— T am of the fame opinion : but on this head mull obferve, that the laws at prefent refpeiling the enforcement of building Glebe Houfes require amendment. By the lit of Geo. II. c. 15, the Ihortell tine in which a Bilhop can by law enforce the building of a Glebe Houfe, is ten years; theaccom- plilhment of it will generally take twelve years. I never have heard of a fmgle inftance of this law being enforced through all its ftages; the reafon is manifeft. N° VII.— I believe the laws in being, if duly enforced, are fuiiicient to prevent Unions, perpetual or Epifcopal, from being improperly made, and for preferviiig our Churches from dilapi- dation ; but I do not think that they are equally fufficient to preferve our Glebe Houfes from the lame. The flatute, which is our chief guide, iothW. III. c. 6. though it might perhaps meet the evil of the day, is not applicable to our prefent circum-. fiances.— A. dilapidates; if the fuccefl'ors B. & C. do not repair, D. has no remedy againft C. unlefs he can prove in whofe incum- bency the dilapidations were incurred ; and the building becomes a ruin, or is to be repaired by D. wholly innocent of neglecl. If this Act were repealed, and we were left to the Common Law as pra< 5tifed in England, which includes the lapfe of time, aa well as neglect of Incumbent, as articles of dilapidation ( that is, it makes the Revenues of the Church at all times anfwerable for the fupport of its buildings), I know not that we Ihould want any other regulation. In this country, the pra& ice has frequently been to allow the lapfe of time to operate agajnll the fuccelfor only : even the ambiguity of the facl often entails expence on tha fucceffor, which properly ought to belong to the predeeeffor. N° VIII.— From what I have faid above, I cannot accede ta this in its full extent. September 30' h : 8o5. E. Lcighlin y Firm. Ossory. FOR PROVINCE OF LEINSTER. ' 93 hi Hti — No. 4.— DIOCESE OF OSSORY. « 73- 3 c
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