if the Churchwardens, immediately on an appointment
being notified to them, should communicate with the Incumbent-elect and
consult with him as to the best mode of providing for the duty. It is
well that Churchwardens should know that the license of a Curate does not
lapse in consequence of the death of the Incumbent. Six weeks' notice
within six months after institution is legally necessary if a change is
to be made. {52a} The widow of a deceased Incumbent has a right to
remain in the parsonage house for two calendar months subsequent to the
death of her husband. {52b} All these points should, if possible, be
made a matter of friendly arrangement, but the actual law of the case is
as I have stated it.
There is one question sometimes asked by Churchwardens to which it may be
well to refer. Have they the custody of the keys of the Church, the
appointment of the organist, control over the Church music, and over the
ringing of the Church bells?
With regard to the keys of the Church. It is the undoubted fact that the
church is the freehold of the Incumbent, subject, of course, to the right
of the parishioners to be present in it at all legal Services of a
religious character. It may be often convenient that the Churchwardens
should have a duplicate key of the Church, in order that they may be able
to fulfil their duties in connection with the survey of the fabric, or
for other causes, but this must be clearly understood to be subject to
the will of the Incumbent.
The same with regard to the musical portion of the Service or appointment
of the organist. Lord Stowell's words are:--
"The Minister has the right of directing the Service, _e.g._, when
the organ shall and shall not play, and when children shall chaunt
and shall not chaunt, though the organist is paid and the children
managed by the Churchwardens." {53}
Nothing can be clearer or stronger than this.
So too with regard to the Church bells. The Churchwardens have the
custody of the bells, and the bell ropes are in most cases Church
property placed under their charge, but the law with reference to the
ringing of the bells is undoubted; that for any occasion except that of
Divine Service the permission of the Incumbent is absolutely necessary
for the ringing of the bells. Without that permission they cannot be
rung. {54}
There is one further point on which a question sometimes arises in
connection with offertories and collection
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