The Legal Position of the ClergySmith, Philip Vernon
Religion
The Legal Position of the Clergy
Smith, Philip Vernon
Canon law; Clergy -- Legal status, laws, etc. -- Great Britain; Ecclesiastical law -- Great Britain
7. Two other classes of parochial clergy remain to be mentioned. Where,
for any reason, the incumbent is for a prolonged period disabled from
performing the duties of his office, a substitute will be appointed
under the designation of Minister in Charge. Again, in some parishes,
lectureships have been endowed, and are held by a lecturer, who, in
respect of his duties as such, is independent of the incumbent.
8. Under the Colonial Clergy Act, 1874, a priest or deacon (i.) not
ordained by an English or Irish or Scottish bishop, or a bishop acting
on the request and under the commission of an English bishop, or (ii.)
ordained for service out of the British dominions or for service in the
colonies by either of the two archbishops or the Bishop of London,[12]
(_a_) cannot, unless he holds or has held preferment or a curacy in
England, officiate in any church or chapel in England without the
written permission of the archbishop of the province, and without making
and subscribing a declaration similar to the Declaration of Assent
prescribed by the Clerical Subscription Act, 1865;[13] and (_b_) is not
entitled to be admitted to any preferment or to act as curate in England
without the previous consent in writing of the bishop of the diocese.
But a person who holds preferment or a curacy in an English diocese
under the Act of 1874, and who has held preferment or acted as curate
for a period or periods exceeding in the aggregate two years, may, with
the written consent of the bishop, request from the archbishop of the
province a licence to exercise his clerical office according to the
provisions of the Act; and this licence, if issued by the archbishop and
registered in the provincial registry, will place him in the same
position as if he had been ordained for service in England by an English
bishop.[14] Moreover, a clergyman ordained by a bishop of the Scottish
Episcopal Church, unless he holds or has previously held preferment in
England or Ireland, (_a_) is liable to a penalty if he officiates in
England more than once within three months without notification to the
bishop of the diocese, or if he officiates contrary to an injunction of
the bishop; and (_b_) is not entitled to be admitted to any preferment
in England without the bishop's consent, which he may withhold without
assigning any reason; and (_c_) before being admitted or licensed to any
preferment or curacy in England, must make and subscribe before the
bishop of the diocese, the Declaration of Assent prescribed by the
Clerical Subscription Act, 1865.[15]
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