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
cause renders them liable to ecclesiastical censure and punishment.
Moreover, as will be noticed in the course of this treatise, the bishop
has been given, by express enactments, divers powers in relation to both
beneficed and unbeneficed clergy on matters of detail, subject in many
cases to an appeal to the archbishop of the province. By law and custom
part of the administrative functions of the bishop and almost the whole
of his judicial functions are discharged by his chancellor, who is at
once his vicar-general and the official principal of his consistory
court. Suffragan bishops, where they are appointed, have no independent
authority or jurisdiction, but simply so much as the diocesan bishop, in
his discretion, from time to time delegates to them.
11. The archdeacon is in his archdeaconry next in point of dignity after
the bishop and the suffragans (if any) and the chancellor of the
diocese.[18] He is sometimes called _oculus episcopi_, being the
bishop's vicar, charged with the duty of inspecting that portion of the
diocese which is under his charge and of reporting to the bishop
anything which is amiss. Besides this general supervision, he holds an
annual visitation of his archdeaconry, and admits the churchwardens and
sidesmen, except in years of episcopal visitation, when he is inhibited
from performing his functions, and these are exercised instead by the
bishop in person, or, as regards the admission of churchwardens and
sidesmen, by the chancellor.[19] At his annual visitation, and at other
times, as occasion arises, it is the business of the archdeacon to
satisfy himself that churches, and especially chancels, are in a proper
condition, and to require that any necessary repairs be executed; to
take note of the ornaments and utensils of churches, and to ascertain
that the services and offices of the Church are everywhere duly
performed and administered. The clergy are bound to assist the
archdeacon in his inspection and inquiries and to attend his
visitations.[20] Various duties assigned to him by statute are noticed
in subsequent chapters.
12. Rural deans have within their deaneries the same functions and
powers of inspection and report as an archdeacon in his archdeaconry. It
is their duty to hold from time to time chapters consisting of the
beneficed clergy of the deanery or their curates as proxies for them. In
the present day these chapters are usually attended not only by the
incumbents but also by all the licensed unbeneficed clergy of the
deanery.[21]
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