PUBLIC RECORD OFFICE
C.O.
Reference -
885
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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competent to any Rector of a parish church in Jamaica who should be incapacitated by age or even by temporary sickness to resign his rectory, carrying with him a full moiety of his stipend and emolu- ments, and thereby practically precluding, under ordinary circumstances, the appointment' of any but an inferior clergyman to the vacant benefice.
To this grievous inconvenience a remedy was proposed by the Act of 1844, the effect of which was to repeal the fortieth clause of the old Act, and to restrict the period of the retirement of a Rector to the period of his incapacity, to render the consent of the Governor and Bishop absolutely necessary to such retirement, and to make a more adequate pro- vision for the maintenance of a substitute, who, though named by the Rector, must be approved by the Diocesan."
"The only other operation of the amending Act is, that whereas the Act of 1840 recites the Bishop's patent, and expressly enacts it, under the erroneous supposition of the necessity of local legis. lation to give effect to the Royal Commission, the Act of 1844 merely refers to the Commission of the present Bishop, with the intent of adding to the powers conferred by that instrument certain pecu- liar jurisdictions assigned by the first Act to the late Bishop, and in which the terms of his suc- cessors in office' had been accidentally omitted.
"Under either Act, as well as in the English Church, instances may occur in which a Curate may for an indefinite period occupy the place of a Rector. A sick, or superannuated, Rector may continue to reside on his benefice, and cannot be displaced, ex- cepting for some Ecclesiastical offence. All that the Bishop can do in such a case is to compel the Rector to appoint a Curate, and to assign a main- tenance out of the proceeds of the rectory."
These Acts, which would only have expired in 1847, were repealed (with the exception of Clause 3 of the Act of 1844, saving the rights of retired rectors) by the Clergy Act," passed in 1845, and made to continue in force till the 31st of December,
1859.
"
It is entitled "An Act to consolidate and amend
the several Laws relating to the Clergy of this Island, and for other purposes," the last words being
3696, 1845.
January 14, 1846.
By an Act passed
in 1851 the salaries
were reduced on vacancies.
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substituted for those used in the former titles, " and to invest the Bishop of Jamaica with Ecclesiasti- cal Jurisdiction."
It was described by the Governor, when sending it home, as reenacting for a period of fourteen years all the material provisions of the Clergy Law, which would expire in 1847, thereby placing the Established Church in a position of greater security, and as repealing the objectionable clauses of the Act of 1844.
This Act was confirmed.
The following are some of the chief provisions of the Act.
In the first place, I should state that it does not reoite, as the Act of 1840 and previous Acts had done, the patent of the Bishop of Jamaica, nor does it enact that all laws, ordinances, or canons ecclesiastical then used in Great Britain and Ireland, for the due ordering, &c., of the Clergy, shall be in full force in respect of the resident Clergy, or that all processes and proceedings of the Bishop of Jamaica and others shall have the same authority as processes and proceedings of the Ecclesiastical Court; and it also repeals the fourth clause of the Act of 1844 (3604) which conferred the same powers on the present Bishop of Jamaica.
Clause II grants stipends to certain Rectors; and by Clauses IX and X, stipends of 390%. currency are granted to Island Curates not exceeding fifty.
Clause XII. Every Rector and Curate shall reside in his parish or district, unless otherwise permitted by the Bishop, and shall perform divine service on Sundays, and (Clause XVII) visit workhouses, gaols, and hospitals, if so directed by the Bishop.
Clause XIV. In case the Magistrates or vestry of any parish shall be of opinion that either the Rector or Curate has failed in the performance of his duty, and shall so notify to the Bishop, it shall be impe- rative on the Bishop to suspend the payment of their stipends, and to cause immediate inquiry to be made into the complaint.
Clauses XV, XVI. The Governor may grant leave of absence to any Clergyman, on receiving a certificate from the Bishop that provision has been made for the performance of the duties, for any period not exceeding two years. If any Clergyman
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