Hello to all those interested, >From time to time this matter came before the courts as there seems to have been some confusion amongst the laity as to whether fees were chargeable or not. The opinion.of the courts was generally that no fees were payable "by common right" but that in some parishes they were payable "by custom" The uncertainties and disputes that arose were however sufficient for an 1872 Act "to render it unlawful to demand any Fee or Reward for the Celebration of the Sacrament of Baptism, or Registry thereof. Even after the Act some doubts remained however, because whilst it became unlawful "for any minister. clerk in orders, parish clerk,, vestry clerk, warden or any person to demand any fee for reward for the celebration of baptism or for the registry thereof"" the Act contained the proviso that "this act shall not apply to the presemt holder of any office who may at the present time be entitled by any Acnt of Parliament to demand such fees" So disputes were still possible - but then few parliamentary Bills have ever been passed after discussion, amendment or indeed mutilation in the Commons and the Lords, in terms such that the resultant Act did not entch the legal profession. Sid .

That makes sense. Canon law in both the Church of England and Catholic Church prohibits the charging of a fee for baptism because this would be an act of Simony - the selling of a sacrament. The 1872 law was passed under the influence of the ascendant Oxford Movement, who had attempted to reassert the sacramental nature of the CofE. The same does not apply to marriage, because technically, in Canon law, the Church does not marry the couple - they marry each other with the Church as a witness. This is a fairly cloudy theological area, I think. However, it does not prohibit the charging of a fee for burial, because this is not a sacrament. Simon www.suffolkchurches.co.uk On 12/12/2010 00:09, Sid Jones wrote: > Hello to all those interested, > > > From time to time this matter came before the courts as there seems to have > been some confusion amongst the laity as to whether fees were chargeable or > not. The opinion.of the courts was generally that no fees were payable "by > common right" but that in some parishes they were payable "by custom" The > uncertainties and disputes that arose were however sufficient for an 1872 > Act "to render it unlawful to demand any Fee or Reward for the Celebration > of the Sacrament of Baptism, or Registry thereof. > > Even after the Act some doubts remained however, because whilst it became > unlawful "for any minister. clerk in orders, parish clerk,, vestry clerk, > warden or any person to demand any fee for reward for the celebration of > baptism or for the registry thereof"" the Act contained the proviso that > "this act shall not apply to the presemt holder of any office who may at the > present time be entitled by any Acnt of Parliament to demand such fees" > > So disputes were still possible - but then few parliamentary Bills have ever > been passed after discussion, amendment or indeed mutilation in the Commons > and the Lords, in terms such that the resultant Act did not entch the legal > profession. > > Sid > > . > > ------------------------------- > To unsubscribe from the list, please send an email to SUFFOLK-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message >