arish have no similar right of
attending at the vestry and voting for Churchwardens in the new district,
because they are elected "for ecclesiastical purposes" only.
It would be impossible to speak of the duties of Churchwardens without
touching upon the vexed questions of pews. I suppose that if we could
turn the hands of the clock back for some centuries, and were then
legislating for the future of the Church with our experience of the pew
system by a prophetic anachronism clearly present in our minds, we should
hardly suggest for legislation such laws as would bring about the
existing state of things. With the Epistle of St. James in our thoughts
there are some points in our present legal system which most persons find
it difficult to justify. But it is a thorny subject, and I do not want
to dogmatise. It is, perhaps, just the one very point with respect to
which great caution is needed, much charity, much forbearance. You
cannot ride rough-shod over old prejudices, or if you do you are sure
sooner or later to suffer for it. No doubt in theory (to use the words
of the Bishop of Carlisle) the Churchwardens, as the officers of the
ordinary, have, subject to him, the sole appointment and arrangement of
the seats. They are to act to the best of their judgment, and without
favour, to the best advantage of all. {43} And for the most part, in new
Churches, this arrangement works well. Either by agreement of the heads
of the parish the Church is declared to be in the popular sense of the
term "free and open," which is perhaps on the whole the best of all or
else by mutual forbearance and general co-operation an arrangement is
arrived at by which the worshippers in Church have from time to time
seats allotted to them.
It is not, however, in the case of new Churches that difficulties arise,
except when these new Churches take the place of old ones. Then it may
be that the old abuses of faculty pews and of supposed exclusive rights
in certain holdings have to be contended with. Cases have occurred where
supposed usurpers have been kept out of faculty pews when there is plenty
of room, or of locking up the pew when the so-called owner is absent.
Faculty pews are an anomaly, and I wish there were none, but if the title
to them can be proved they are legal and must be dealt with accordingly.
I do not imagine that any new faculties are now issued by the Courts, but
in the rebuilding of old Churches the dealing with exi
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