Untitled - Electric Scotland

238 LIFE OF ARCHBISHOP TAIT [ CH - x
"
Now, a difficulty arises in answering your letter, from your
not distinctly intimating in which of these two capacities it is
that the aid of my authority is now invoked.
"
I. I shall consider the matter brought before me in reference
to that authority which I can enforce by legal penalties.
" You are aware that two parties in this dispute have invoked
my aid.
"(i) I am informed, on the part of the Rector, that the
parish Church is desecrated by disorderly persons, the public
worship of GOD interrupted, and the Rector, or other officiating
minister, with the choristers, habitually insulted during or after
Divine Service. No language can be too strong to express the
abhorrence with which all persons of any true Christian feeling
must regard such outrages, if they really take place, as is not
denied. It is the grossest self-deceit to suppose that they can be
justified by any provocation which the Rector s choral service or
unusual habiliments may have given. But what is the legal
for these disturbances? It is that to which I have had
remedy
recourse. I have required the Churchwardens to be present at
the service in which the riotous proceedings complained of are
alleged to take place, and to exercise the powers inherent in
their office, for the suppression of disorder. These powers are
well defined by Statute i William and Mary, cap. 18, clause
1 8
*
If any person maliciously or contemptuously come into any Church
and disquiet or disturb the congregation, or misuse any preacher or teacher,
such person, upon proof thereof before any justice of the peace, by two or
more sufficient witnesses, shall find two sureties, bound by recognisance, in
the penal sum of ^50, and in default of such sureties, shall be committed to
prison, there to remain till the next general or quarter sessions, and upon
correction, shall forfeit 20 to the use of the Crown.
" At common law, a person disturbing Divine service may be
removed by any other person there present, but the duty of
maintaining order lies especially on the churchwardens. If they
are absent, or being present do not repress disorder, they
neglect their duty. I grant that the performance of their duty,
in the present instance, is difficult, but the law seems to point
out with sufficient distinctness how they ought to act. The
Rector, as I learned from the report of the Committee of Vestry,
has formally intimated to the churchwardens that he will hold
them responsible to an Ecclesiastical Court for the performance